Lesbian, Gay, Bisexual And Transgender Rights Research Articles

The prospects for the legalization of same sex marriages in vietnam

This article discusses the various factors in Vietnam that are influencing the possibility of introducing a law on same sex marriage and draws three main conclusions. Firstly, it argues that the greatest concern about the possible success of the campaigns on lesbian, gay, bisexual and transgender (LGBT) issues in general, and the recognition of same sex marriages in particular, is indeed a political fear. It recommends keeping the campaigns on LGBT issues separate from the political sphere and to differentiate themselves from the traditional confrontational methods used by political dissidents. Secondly, the enactment of a law on LGBT rights which incorporates the principles and rules of anti-discrimination on the basis of sexual orientation and identity is proposed. This law will fill the gap left by the current lack of an anti-discrimination law in the specific field of LGBT rights in the first step of a typical process towards the legalization of same sex marriages. Thirdly, the paper highlights the leading role to be played by legislation in Vietnam, and which shall need to be acquired though legal transplanting, in granting marital rights to same sex couples and providing the basis for the courts to give them substantive rights.

Attitudes and knowledge of the tunisian medical staff towards LGBT patients

IntroductionSexual minorities have been coming out more than ever before. However, Tunisian laws and society are still not supportive of LGBT (lesbian, gay, bisexual and transgender) rights. To this day, Tunisian doctors are requisitioned to carry out anal tests as part of expert testimonies in cases of conviction for homosexuality.ObjectivesAssess Tunisian physicians’ attitudes and knowledge towards LGBT patients.MethodsWe conducted a cross-sectional study in October 2021, among 445 Tunisian physicians and medical students. Data were collected via an anonymous self-administered online questionnaire including sociodemographic data and the LGBT Development of Clinical Skills Scale (LGBT-DOCSS).ResultsThe overall LGBT-DOCSS score was quite good (4.47 ±0.85). The attitudes of Tunisian doctors were better than their knowledge (p=0.01; t=2.6), which was better than their clinical preparedness (p<10-3; t=25) in treating LGBT patients. Doctors who self-identify as sexual minorities and those who interacted with LGBT people in their daily lives, were less stigmatising, more able to treat them and had better knowledge of their needs. Those who had had sexology training (5%) had better LGBT-DOCSS score (p=0.013), better knowledge (p=0.045) and preparedness (p<10-3) in treating LGBT patients but did not appear to be less stigmatising than the rest of the group (p=0.9). Religiosity was associated with a more stigmatising attitude (p<10-3), but had no impact on knowledge or preparedness.ConclusionsThis study points to gaps, identified by doctors themselves when faced with an LGBT patient. A more inclusive health system requires better matching of health services to the needs of the whole population without discrimination.DisclosureNo significant relationships.

Lesbian, gay, bisexual and transgender (LGBT) inclusion in nursing services: a reflective case study from stoma care

Speaking with a female patient and her same-sex partner about their experiences of colorectal cancer and ileostomy surgery led to reflection on how specialist nursing care could be made more inclusive of the needs of lesbian, gay, bisexual and transgender (LGBT) people. The LGBT community includes people who are attracted to the same sex and/or identify as a different gender to the one they were assigned at birth. LGBT people in the UK have experienced a long history of discrimination and only begun to win legal protections over the past two decades, an experience that still affects the older generation especially. Compared with the general population, LGBT people are more likely to report poor health status, experience mental health issues and engage in risky behaviours; however, many are reluctant to attend healthcare services due to fear of discrimination. UK LGBT rights charity charity Stonewall surveys have revealed some discriminatory attitudes and widespread unconscious bias among health and social care staff. For health professionals, it can be a challenge to use the correct terminology to avoid causing offen ce, and there is a largely unmet need for inclusion training to improve their understanding and confidence to speak with patients about sexual preference and gender identity. However, confident LGBT inclusivity can be achieved with simple communication skills, such as equal treatment for same-sex partners, acknowledgement of post-transition names and pronouns and discretion in documentation, as well as awareness of verbal and non-verbal cues. Clinic environments can be made more LGBT-friendly with gender-neutral toilets, as well as wearable LGBT symbols, inclusive imagery and posters and literature that promotes LGBT rights, inclusion and support groups. Specialist nurses can act as role models and advocates for LGBT patients and colleagues in their area through small but impactful actions.

The Struggle for Equality: LGBT Rights Activism in Sub-Saharan Africa

The culture in sub-Saharan countries1 is conservative in nature and communities uphold traditional values where a union between a man and woman is emphasised as the only acceptable relationship status, any deviation from this norm is not often tolerated. The unwillingness to accept same-sex conduct or homosexuality stems from profound prejudice: it is considered to be un-African.2 The advance of conservatism entrenched in the region can be attributed to British colonial laws introduced by colonial legislators and jurists who believed that native cultures did not adequately punish perverse sexual behaviour and that the indigenous people needed re-education in sexual morality.3 More than 50 per cent of countries in Africa still criminalise same-sex acts between consenting adults.4 The existence of laws that proscribe same-sex relationships and homosexuality,5 contribute to persecutory environments and, in effect, they provide society with justification for the proliferation of prejudice, hatred and violence against sexual minorities.6 This article examines the existence of discriminatory laws against lesbian, gay, bisexual and transgender (LGBT) people and the efforts by activists in former British colonies to challenge them. For the purpose of comparison of trends, the article will focus on Botswana, Kenya, South Africa and Uganda.

Exploring national culture through international media The publication of a viral pro-LGBT image compared against a nation’s wealth, level of religion, and democracy

Gay marriage is now legal in 22 countries around the world. However, homosexual acts remain punishable by death in 10 countries and are now illegal in a further 65 countries. Thus, there appears to be very clear national cultural distinctions in how local cultures consider the rights of lesbian, gay, bisexual and transgender (LGBT) people. In 2016, an image of a 12-year-old boy who stood against a sea of anti-LGBT marriage protesters in Celaya, Mexico went ‘viral’ around the world as an icon for LGBT rights. This research will examine newspapers from a sample of 17 countries to see where this particular pro-LGBT image was used. This research asks the question, what is the relationship between the publication of this image and a country’s level of democracy, wealth and religion – socio-economic factors that have been found to be correlated to the acceptance of LGBT rights. The findings of this research could potentially suggest the presence of ideological biases at the national level in regards to how international news stories are told and also which news stories are even addressed. These factors may help to coalesce into a cultural perspective unique to each country examined

The Role of School Psychologists in addressing Challenges Facing Lesbian, Gay, Bisexual and Transgender (LGBT) Students

LGBT students encounter boundless school-related problems including depression, suicidal tendencies, and drug abuse, among others. LGBT youth in school are subjected to constant bullying and discrimination from students, teachers, and the school’s administration who often fail to defend them against this. Often, LGBT students drop-out of school. Therefore, the LGBT community is socially disadvantage within our society. With this background, this study identified established laws to safeguard LGBT rights. Furthermore, the study examined the role of School Psychologists in reducing challenges faced by LGBT students in the schools based on analysis of the 10 NASP (The National Association of School Psychologists) domains, and made vital recommendations to reduce challenges faced by LGBT students with a view to lessen cases of LGBT stigmatization. The recommendations stipulated include; development of laws prohibiting discrimination and abusive language against LGBT, and the development a curriculum that suits LGBT needs. It is imperative to train teachers to aide LGBT groups attain equal universal access to core learning facilities acts.

Gender, sexuality and the limits of the law

This article reflects on a programme of research conducted by gender and sexuality activists, academics and legal practitioners in Latin America, Africa, the Middle East, South Asia and South East Asia. Running over 4 years, the Sexuality, Poverty and Law Programme (SPLP) aimed to generate new evidence-based knowledge and policy options to support efforts that would strengthen, through legal reform, the rights of lesbian, gay, bisexual and transgender (LGBT) people and others marginalised because of their sexuality. The SPLP also aimed to demonstrate the impact of legal and policy marginalisation on the livelihoods of LGBT across the world. Instead of claiming answers or offering conclusions based on this body of work, the article draws on Sara Ahmed's writing and raises questions based on the SPLP around what it means to encounter ‘brick walls’ – specifically the materiality of juridical and productive power – through one's body. The article explores how international discourses and institutions are implicated in the shape of domestic legal frameworks that centre on gender and sexuality, and it explores how these frame-works shape which bodies are made visible, effaced or entirely ignored. Given the politics of international development and global LGBT rights discourse, this article concludes that laws are never quite sovereign and it makes a case for understanding the implications of this ‘legal porosity’ on people's embodied experiences of inequality as they fall under (beside or outside) the law.

Homophobia, Brexit and constitutional change

PurposeThis paper addresses some of the future challenges that the vote to leave the European Union (EU) may have on the UK’s constitutional framework. The potential abolition of the Human Rights Act 1998 and its replacement with a Bill of Rights is examined in relation to the interpretation of freedom of expression. More specifically, this is analysed in relation to the often conflicting freedoms to express homophobic views and to freely express one’s sexual identity. With EU law protecting many of the recently won rights favouring lesbian, gay, bisexual and transgender (LGBT) equality, the purpose of this paper is to underline the potential dangers should this layer of international scrutiny be lost and highlight where more improvements for equality are still needed.Design/methodology/approachThis paper offers a critical reflection on the recent political and judicial rhetoric which has accompanied the issues of LGBT social and legal equality. Recent judgements from domestic and European courts are analysed to identify how any potential re-interpretation of freedom of expression may affect the LGBT community.FindingsWhile the UK has made welcome strides in improving the legal equality of the LGBT community, it is argued that the potential loss of judicial scrutiny from the European Court of Human Rights and the European Court of Justice may have negative consequences. An examination of recent judicial and political discourse demonstrates that homophobic expression – or at least tacit acceptance of it – still permeates throughout these institutional spheres.Originality/valueThe paper highlights how the subtleties of constitutional changes following Brexit may threaten the current progression of LGBT rights in the UK and proposes that a commitment to freedom of expression must give greater recognition to the right to express sexual identity.

The politics of pre-emption: mobilisation against LGBT rights in Liberia

Research on political homophobia in contemporary African nations tends to focus on the legal, political and social consequences of such homophobia. However, this work remains limited in its treatment of the rise of political homophobia and mobilisation against lesbian, gay, bisexual and transgender (LGBT) rights. This article redirects such research by concentrating on the indigenous origins of mobilisation against LGBT rights in Liberia. Focusing on the efforts of the New Citizens Movement (NCM), an antigay movement organisation, we outline how NCM pursued a ‘politics of pre-emption’ to prevent pro-LGBT rights legislation and organisation from taking root in the country. By ‘politics of pre-emption’, we mean mobilisation intended to ensure that another movement’s imagined future does not materialise. The politics of pre-emption captures a little-understood feature of the dynamics of opposing movements: mobilisation to pre-empt the rise of another social movement. We analyse semi-structured interviews we conducted with 45 Liberians, including anti-LGBT activists and supporters and pro-LGBT activists and supporters and dozens of articles from Liberian newspapers to trace NCM’s politics of pre-emption as a strategy used by opposing movements.

LGBT rights in a Republic of Therapy. HIV/AIDS policies and the redefinition of citizenship in Cameroon

The links between the fight against HIV/AIDS, and lesbian, gay, bisexual and transgender (LGBT) mobilizations around the world have been extensively demonstrated. However, there are few empirical studies on the effects of new strategies based on access to treatments for homosexuals in Africa, especially in countries where same-sex relationships are punishable by law. In discussing the relationship between HIV/AIDS policies and the formal recognition and inclusion of homosexuals, we ask if it is possible to speak of a therapeutic citizenship. From a sociological and legal perspective, what is important is how the recent global strategies and human rights discourses on HIV/AIDs are impacting the emergence of engaged social actors whose claims go well beyond access to treatments but challenge the Cameroonian legal and health systems. However, LGBT rights advocates’ claim for full citizenship through participatory inclusion in public life may not turn out to be successful as it encloses their rights within a pathologized identity, the HIV epidemic. This paper also raises a crucial issue (citizenship) associated with the politics of homosexuality in Africa and offers an empirical dimension on how global health and human rights discourses affect the relationship between State and society in Cameroon.

LESBIAN, GAY, BISEXUAL, TRANSGENDER AGEING AND CARE: A LITERATURE STUDY

There is an increasing body of research on ageing and end-of-life care (EOLC) of lesbian, gay, bisexual and transgender (LGBT) older people in the UK, USA and Australia. In contrast, in South Africa, despite progressive legislation to protect LGBT rights, there has been minimal research in this area. This article reports on a critical review of literature on ageing of the LGBT community. Key themes identified include discrimination by health care workers and health risks for LGBT older people alongside the need for training of health professionals. The article concludes with consideration of the needs of LGBT persons in South Africa

'Let's see if it won't go away by itself.' LGBT microaggressions among teachers in South Africa

We explored types and qualities of microaggressions or subtle forms of discrimination towards lesbian, gay, bisexual and transgender (LGBT) people among teachers in South Africa. For data collection, we used in-depth interviews. Twenty-five Life Orientation teachers, nine men and 16 women, from both rural and urban schools throughout the Free State Province participated. Our findings suggest heterosexism as well as subtle and sometimes harder to pin down forms of bias – microaggressions ‒ are experienced in these contexts. Given the educational policy shifts on LGBT rights in South Africa, we argue that microaggressions need to be clearly located in the larger macro context of systemic heterosexism which pervades schools and the teaching of sexuality education in South Africa. We conclude with implications for teaching and support interventions to make schools more LGBT inclusive.

Public koti and private love: Section 377, religion, perversity and lived desire

In this paper, we juxtapose the present-day Supreme Court battles over the colonial anti-sodomy provisions in the Indian Penal Code (Section 377), with everyday interpretations of carnal intercourse by kotis and jananas in order to visibilize a whole different social world of carnality. The responses to the law coming from the civil society formations (namely the lesbian, gay, bisexual and transgender (LGBT) rights organizations, HIV/AIDS organizations and women's rights organizations) are the site for the formation of a modern Indian homosexual subject, one who claims her/his rights to love and privacy through the language of human rights and constitutional freedom. We argue that the arrival of the modern rights-bearing homosexual subject is contested by political and religious formations through discourses of sin, unnaturality and proper sexual conduct. The contestation of religious discourse through the discourse of constitutional rights covers over the creative interpretations of religion provided by kotis/jananas. An analysis of the kotis/janana discourse and bodily practices reveals sexual subject formation through the creative reinterpretation of notions such as sin and unnaturality. In conclusion, we contend that the creative interpretations of religious themes by kotis/jananas trouble nationalist religious discourses as well as the constitutional discourses of the LGBT rights movement.

Death-squads contemplating queers as citizens: what Colombian paramilitaries are saying

Colombian right-wing paramilitary forces aligned with the state and leftist guerrilla groups are associated with homophobic and transphobic attacks. However, the most extreme accounts of violence are attributed to the former group. Sexual and gender minorities are victimized in the ongoing internal conflict in which armed actors use attacks as a form of communicative violence meant to discipline the civilian population. At the same time, Colombian lesbian, gay, bisexual and transgender (LGBT) communities are making significant advances in gaining recognition of their human rights. This article explores the space where the advance of LGBT rights confounds reactionary homophobic beliefs of illegal right-wing armed groups. I consider how concepts such as ‘nation’ and ‘citizen’ shape the discourse of paramilitary forces in their account of their group's homophobic violence. Special attention is paid to the logic provided by two informants, former paramilitary members themselves, regarding the conditions under which right-wing paramilitary groups would be obliged to recognize the rights of sexual and gender minorities as citizens. The article concludes with a discussion of how the development of a sexual citizenship discourse, in place, may serve to disrupt extreme violence against sexual and gender minorities in the context of militarization and armed conflict.

The Boundaries of Social Transformation through Litigation: Women's and LGBT Rights in Israel, 1970–2010

The global expansion of judicial power and the rise of litigation as a vehicle for social transformation are two conspicuous social phenomena that are subject to intensive research by social scientists and lawyers alike. One of the most hotly debated questions in this regard relates to the potential value of law in general, and litigation in particular, as a strategy for social change. This article examines the question by comparing the struggle for equality in Israel by two groups – women's rights activists and lesbian, gay, bisexual and transgender (LGBT) rights activists – between 1970 and 2010. The struggles of women and LGBT people for equality have many shared characteristics, since both challenge the traditional conservative patriarchal social model. In Israeli society, moreover, both LGBT rights activists and women's equality activists faced the same political rivals: the powerful macho-type socio-political mentality, rooted in the central status of the military in Israeli society, and the strong hold of Jewish ultra-orthodox parties in the political system. The strategies that the two groups adopted to overcome these obstacles, however, were markedly different. While women's groups adopted an elitist strategy of struggle that concentrated on legal measures, LGBT rights groups adopted a variety of strategies that emphasised grassroots political tactics. The article examines the success of each group in achieving its political objectives by using cross-country comparative indexes of LGBT and women's rights. I argue that the comparison between the two groups points to the relative weaknesses of legal and litigation-centred strategies as vehicles for social transformation.

Adopting Same-Sex Unions in Catholic Malta: Pointing the Finger at ‘Europe’

In 2013 the Maltese Labour Party returned to power after 15 years in opposition, securing the single largest majority in the island's post-independence history and on a platform promising civil unions for same-sex couples. Asking how LGBT (lesbian, gay, bisexual and transgender) rights became mainstream in a country synonymous with Catholicism, the article examines whether the adoption of the Civil Union Act is the culmination of ten years of European Union membership. Employing concepts of policy and institutional fit as well as social constructivist theories of elite socialisation and epistemic communities, it concludes that while policy fit accounts for the introduction of equality laws, the Civil Union Act depended on the social democrats' need to retake the progressive agenda. Elite socialisation – particularly among Members of the European Parliament – helped reframe the issue, encouraging the party to adopt this policy while the Europeanisation of the LGBT lobby reminded the social democrats that the LGBT minority, long hidden and browbeaten by Church teaching, now sought recognition and equality.

The UN Human Rights Committee and LGBT Rights: What is it Doing? What Could it be Doing?

The United Nations Human Rights Committee has been praised as one of the most influential human rights bodies in the world; however, its track record for the protection of the rights of lesbian, gay, bisexual and transgender (LGBT) persons has not yet been comprehensively or systematically examined. Individuals in many parts of the world face severe human rights violations because of their sexual orientation or gender identity. In many countries, men caught engaging in homosexual conduct can be imprisoned or even sentenced to death, and LGBT people are still subjected to widespread violence and legally sanctioned discrimination on a daily basis. This article critically analyses the work of the Human Rights Committee over a ten-year period to determine what it has done to protect the rights of sexual minorities, and whether there is more it could do to enhance this protection of the LGBT rights. An examination of the Committee’s concluding observations, General Comments and Views in individual communications, reveals that while progress is being made by this body of experts, there is still room for a greater emphasis on the distinct challenges facing LGBT communities for the complete fulfilment of the norms of the International Covenant on Civil and Political Rights.

Religious homophobia: The experiences of a sample of lesbian, gay, bisexual and transgender (LGBT) people in Ireland

This paper presents the findings of an interpretative phenomenological analysis (IPA) of the experiences of religious homophobia among a sample of lesbian, gay, bisexual and transgender (LGBT) people in Ireland. In-depth interviews were conducted with 10 LGBT-identified people in Dublin (age range early 20s to 50s; six male and four female), of whom five identified as religious and five as atheist. IPA generated the overarching theme of Religious Homophobia which was experienced and responded to differently by religious and atheist participants. Findings were that, while participants lived in an increasingly pluralistic Irish society, the negative dividend of religious homophobia created intrapsychic tension for participants and led some to abandon religion altogether. Nevertheless the experiences of participants point to the changing nature of Irish society which is characterised by increased diversity, openness and respect for minority rights including LGBT rights.

Pride and Prejudice: Gay Rights and Religious Moderation in Belfast

In the summer of 2008, a Northern Irish politician began publicly denouncing homosexuality. Her remarks galvanized responses from a broad range of groups and individuals. New voices joined the discussion of LGBT (lesbian, gay, bisexual and transgender) civil rights, including trade unions and political parties that had previously been silent. Notably, some Christian churches expressed their support for gay rights by participating in Belfast's annual LGBT Pride Festival. Since 2008, long-standing opponents of gay rights have modulated their critiques. This article draws upon ethnographic research with Belfast's Pride Festival to examine religious groups' increasing support for LGBT rights since 2008. I describe this engagement as a practice of moderation in terms of its social and political effects. Here, moderation is conceived not in spatial terms as a position between opposed poles, but as a discursive practice that transforms political and religious debates. Drawing from Bakhtin's (1981) concept of ‘dialogism’, I consider how these discussions of Christianity, sexuality and politics unfolded. A Bakhtinian approach to the production and reception of these debates reveals how moderation is socially and historically situated. Moderation is practised in relation to particular conditions and histories, yet has the potential to transform them.

Pathologizing gender identity: An analysis of Spanish law and the regulation of gender recognition

Despite recent worldwide legal advances in the protection of LGBT (lesbian, gay, bisexual, and transgender) rights, legal systems continue to take the categories of ‘male’ and ‘female’ to be based on a fixed and permanent natural order. Taking the current Spanish law regulating changes in gender identity as an example, we analyze how this recent (2007) legal advance still imposes medical criteria that pathologize the trans person and reinforce sexist assumptions. Although it is no longer up to a judge to determine a person's legal gender, the criteria for modification of official documents still implicitly support inaccurate and oppressive understandings of sex/gender/sexuality by, for example, relying on diagnostic criteria that support the imposition of gendered stereotypes on children and traditional social roles on adolescents and adults. Only through reconceptualizing our very notion of sex and gender can the law be revised to protect the rights of everyone no matter what their lived sex/gender histories and experiences.