Lesbian, Gay, Bisexual and Transgendered Individual: An Unaccepted Facet of all of the World’s Societies Society is shaped through the furtherance of two genders, male and female, and most countries rely on the heterosexual tradition for defining society. There are many countries that to this day still disregard any other points of view that may nullify their habits, in the midst of the concept of outside-the-box action would be homosexuality, or as the Charter of Rights and Freedoms defines them The Lesbian, Gay, Bisexual, Transgender or Intersex (LGBT) individuals. “All persons are equal in dignity and rights” (Elliot, 2007).
Mainly because of the nonattendance on the importance of dissimilarity around the world, this essay will be discussing the issue of homosexuality and equality in correlation with the Charter or Rights and Freedoms in depth and analyze the values that encircle it from a permissible perspective. The Yogyakarta principles will be followed by a discussion on the policies and their reforms over time. The argument of this essay is … Principles The principles of Yogyakarta are tailored towards the reinforcement of the human rights of persons that have been able to form an outside of the norm type of sexuality that is their own identity.
It is a clear, straightforward classification organization of the obligation that countries have to respect, protect these individuals so that their human rights are protected “regardless of their sexual orientation” (O’Flaherty and Fisher, 2008). All over the world, homosexuals have become targets to constant privileges’ violation because of their sexual orientation. These violations have many different repercussions, however, from the “denial” of their human rights to the killing them because of it, this has certainly become a problem that is universal and has not limits (p. 08). In most societies, such as the ones that created the Charter of Human Rights still there is no abiding by the laws and principles set out by it nor by any other advocacy group (i. e. , Canada), hence, individuals whom are homosexuals are still discriminated against and rarely do they ever get a break simply from being a human being. The absence of and Rights and Freedoms Charter in countries such as Africa, Middle East, some regions such as South America, leave the LGBT population vulnerable and without respect and certainly harass them to the point of murder many times over.
They are objects used for dehumanization, humiliation, torture, discrimination, economically, socially and culturally limited, destroyed, abandoned, spitted on, killed, abused and so much more. They are simply not recognized as human beings because of their choice of sexual orientation. This is already a fallacy in itself, that human beings are defined by their sexuality, however, to them it is something as clear as crystal: homosexuality is just not accepted.
Furthermore, there has been much concern about the Rights and Freedoms Charter and its incapacity to assure that the listed rights and freedoms are compulsory all over the earth and as well as locally. It is a fact that “through the notwithstanding clause, Parliament and provincial legislatures can pass laws that contradict some of the Charter’s provisions” (Text Book, p. 307). Therefore, even in cultured, educated, progressive societies as the one we live in, the opportunity for not only a departure in the legal system, but also a divergence against the rights of people, human beings, is probable.
As a matter of fact, it was not only until recently that LGBT individuals were given rights to marry, have people not been able to marry for centuries at a time now? Why should there be a difference between LGTBs and non-LGTBs individuals regarding such a trivial issue as this? In some countries, there is a habitual practice of killing people with the death penalty for same-sex sexual activities. More than one place has reports of homosexuals being wounded by killings and “sentenced to death because of their sexual orientation” (O’Flaherty and Fisher, 2008).
Often murders are initiated or commanded “by agents of the state and their murders go unpunished” (Amnesty International, 2005). It is, then, valid to say that LGBT individuals have a much harder time for being who they are that any other type of person in this world does. Is it something that only third world countries experience? Are LGTB people completely protected in the Charter of Rights and Freedoms of Canada? These answers would certainly be negative because in fact the organisation Transgender Day of Remembrance approximates that at least “one transgender person is killed every month in the United States” (www. ender. org). The pressure, discrimination, antagonist attitude exists everywhere and it is all over the world, we are certainly not refraining ourselves from being in this manner simply because we are Canadians. It is as alive here as it is all over the world. The only difference, in my opinion, is that the punishment is completely different, here they will not be sent to jail for life or even give the death penalty –therefore, encouraging the same actions, but in other countries, for homosexuals alike.
Most certainly, there had to be an unbalance between the sexualities relative to gender with females being more tortured than men. Women who are gay are discriminated against because of their sexual orientation but they are further discriminated against because of their gender. There have been worldwide occurrences of women being raped “to cure” them of her homosexuality (Commission on Human Rights E/Cn. 4/2002/83 at para. 102). In South Africa, it has been reported that lesbians are exposed to twice the violence and twice as frequently than men.
Furthermore, they are at an elevated risk for being raped, more so than any other gender or orientation, often by a “person they know” (Graham and Kiguwas, 2004) and to “show her” that she is a woman (O’Flaherty and Fisher, 2008). There are still more than 80 countries who maintain homosexuality a criminal act. For example, in Morocco six men were convicted after being alleged of having a party where gay men were attending (Amnesty International, 2008). Additionally, in Cameroon eleven men were taken to jail and imprisoned for one year for having “gay clientele” in their bar (Human Rights Council 2 Feb, 2007).
Furthermore, LGTB individuals are targets of “mental-health rights violation as well” (O’Flaherty and Fisher, 2008). It has been documented that most transgender people have been forcefully hospitalized as a result of their sexual identity and have become subjects to aversion therapy, “including electroshock treatments” (O’Flaherty and Fisher, 2008). It is this reality that they face that violates all levels of human rights law and is therefore under superb investigation by many human rights activists.
LGTB individuals in this country have the same rights as non-LGTB residents and are protected by the human rights law and its enforcement. It is my opinion that the deficiency of many countries to uphold human rights acts is simply their inability to protect all citizens regardless of their sexual orientation. It is, however, evident that they target homosexuals mostly, but it is of no doubt that other individuals who are not among the LGTB group have also suffered discrimination, violence and violation of their rights as human beings.
For instance, Glen Murray, the first openly gay person to run for Mayor, was able to have his rights protected, to be openly gay; however, this affected the results, as he lost. Therefore, the issue in this country is not so much if the rights are respected but is how society actually views giving responsibility, especially political leadership and authority, to a person who is homosexual. The core of society is what needs to change here politically, not so much how the ones that discriminate are punished. There are many aspects of their lives as LGTB representatives that need further strengthening, however.
LGTB individuals, especially the youth, are more than likely to commit suicide and to have poor health (O’Flaherty and Fisher, 2008). It is not relative to the resources available, it is relative to their stance as homosexuals. Even in Canada where all discrimination is prohibited, there is still a sense of abandonment and rejection towards these individuals. The health care system does not have a proper procedure on how to deal with LGTB individuals; it is still old-fashioned and not up to date with social changes.
Therefore, the medical care and treatment for these individuals who are different from the rest of the population is not suitable or targeted and; therefore, it lacks quality and research. There is still a need to educate the general population and especially the youth on how to interact with other youths who are LGTB. Because there is a permanent phobia around this topic, youths in schools are still oppressing those with a different sexual inclination than the normal, average teens. Therefore, there is a huge need to re-transform the way we think, act and speak of LGTB citizens, even in Canada.
In other countries where the violence and mistreatment of these individuals is overwhelming, there must be interference in behalf of different governments to stop the killings and rapes of perfectly normal human beings who have a different sexual orientation. There is an overwhelming need for LGTB individuals to be understood and this is where research should also focus. Most research I encountered in the writing of this piece involved a lot of politically correct words and a lot of analysing of the history of law reforms.
However, there is a greater need in understanding the population itself, their needs, wants, differences and even their similarities to the general population. There is also a need for governmental intervention on this population to allow the serenity of fulfilling their lives as a regular person would. There needs to be protection, education and assimilation of their values into society. There ought to be an encouragement on our part to allow LGTB individuals to feel comfortable with speaking to the public and relating to us their experiences.
Particular attention must be paid to the youth in this community to stop discrimination, prejudice, victimization, violence, rapes, adversity and bullying. There is a need to create a track for them and the general population that includes the integration and not the separation of the two.
Amnesty International (2005), `Stonewalled: Police Abuse and Misconduct Against Lesbian, Gay, Bisexual and Transgender People in the US`. Al Index AMR 51/122/2005, September 2005, available at: Http://www. amnestyusa. org [retrieved October 2010].
Amnesty International (2008), Morocco/Western Sahara: Drop Charges Of Homosexuality against Six Men and Ensure their Safety’, Press Release, 16 Jan 2008. Graham and Kiguwa (2004), ‘Experiences of Black LGTB Youth in Peril-Urban Communities in South Africa’, Community Media for Development (CMFD) and the Institute for Democracy in South Africa (IDASA), 2004, at 15. Kathleen A. Lahey (2001), The Impact of Relationship Recognition on Lesbian Women in Canada: Still Separate and Only Somewhat ‘Equivalent’ (Ottawa: Status of Women Canada, September 2001).
Michael O’Flaherty and John Fisher (2008), ‘Sexual Orientation, gender Identity and International Human Rights Law: Contextualizing the Yogyakarta Principles’ 8(2) Human Rights Law Review (2008) 207-248 at 213. Opinions adopted by the Working Group on Arbitrary Detention. Opinion No. 22/2006 (Cameroon)’, Human Rights Council, 2 Feb 2007. Transgender Day of Remembrance (2010), ‘About the Day of Remembrance’, available at www. gender. org [retrieved October 2010]. Report of the Special Rapporteur on violence against women, its causes and consequences. Commission on Human Rights, 31 Jan 2002.