AN ANALYSIS OF LEGAL PROTECTIONS FOR LGBTQ+ RIGHT IN DEVELOPING COUNTRIES

 

AUTHORED BY – POOJA CHAUDHARY

BA.LLB

 

 

1. Abstract:

The problems and advancements in defending the rights of sexual and gender minorities are highlighted in this critical analysis of the legal protection of LGBTQ+ rights in developing nations. The growth of LGBTQ+ rights frequently face specific socio-cultural and legal conditions in developing countries. This study investigates the historical development of LGBTQ+ rights within the framework of international human rights law and regional processes through a thorough investigation of scholarly literature, legal documents, and human rights reports. It also outlines promising progress in some nations and underlines the significant legal difficulties LGBTQ+ people confront. Additionally, the research paper assesses the role of international actors, non-governmental organizations, and grassroots movements in advocating for LGBTQ+ rights in developing nations, while identifying strategies to enhance legal protections and promote social inclusion.

 

1. Introduction

The struggle for LGBTQ+ rights has garnered significant attention on the international stage, with many developed countries making substantial progress in recognizing and protecting the rights of sexual and gender minorities. However, in the context of developing countries, the legal landscape for LGBTQ+ rights remain diverse and challenging, shaped by cultural, religious, and historical factors. It presents a comprehensive analysis of the legal protection for LGBTQ+ rights in developing countries, aiming to shed light on the complexities, advancements, and persistent challenges faced by sexual and gender minorities in these contexts. While there have been noteworthy developments in certain developing nations regarding LGBTQ+ rights, many countries still maintain discriminatory laws that criminalize same-sex relationships and fail to provide adequate legal protections for LGBTQ+ individuals. These legal frameworks perpetuate stigma, discrimination, and violence, leading to social exclusion and impeding the full realization of human rights for sexual and gender minorities. In this research paper, we will explore the historical development of LGBTQ+ rights in international human rights law and its relevance to the legal frameworks of developing countries. We will examine the impact of colonial-era laws, cultural attitudes, and religious beliefs on the legal protection of LGBTQ+ rights, as well as the intersectionality of discrimination faced by sexual and gender minorities in these regions. Moreover, this paper will analyse the role of international actors, non-governmental organizations, and local LGBTQ+ activists in advocating for legal reforms and social acceptance. We will examine positive developments and success stories in promoting LGBTQ+ rights in some developing countries, while also acknowledging the challenges in implementing and enforcing these rights. The research will draw from a comprehensive review of academic literature, legal cases, and reports from international organizations to provide a nuanced understanding of the legal landscape for LGBTQ+ rights in developing countries. Through this analysis, we hope to contribute to the ongoing dialogue and global efforts towards promoting human rights, social justice, and equality for LGBTQ+ individuals in all corners of the world, particularly in the diverse and dynamic contexts of developing nations.

 

1. Literature Review:

In 2008, a group of sixty-six countries issued a statement before the UN popular assembly putting forward their support for LGBT rights[1]. The declaration referenced the commonplace assertion of Human Rights in condemning human rights violations based totally on sexual orientation and gender identity.[2] It turned into adversarial by way of Russia, China, the united states beneath the Bush management, The Holy See, and the business enterprise of the Islamic conference, the ultimate of which issued its own assertion accusing the sixty six international locations of attempting to “undermine the international human rights framework by using seeking to normalize, amongst different acts.”[3]The 2008 assertion become followed in 2011 by using a UN Human Rights Council report documenting discrimination faced by means of LGBT people in both regulation and society.[4]It was up to date in 2015 with a second UN Human Rights Council file concerning violence towards LGBT people relative to commitments beneath worldwide regulation.

 

It examines the existing research on legal protection for LGBTQ+ rights in developing countries. The struggle for LGBTQ+ rights has gained global attention, but developing countries face unique challenges in safeguarding the rights of sexual and gender minorities due to socio-cultural and legal contexts. By synthesizing key findings from various scholarly works, this review aims to identify recurring themes, challenges, and progress in promoting LGBTQ+ rights within these contexts.

 

1. Historical Development of LGBTQ+ Rights in International Human Rights Law:

Donnelly (2013) explores the historical development of LGBTQ+ rights in the context of international human rights law. The author highlights the role of the Universal Declaration of Human Rights and subsequent international treaties in providing a framework for LGBTQ+ rights protection. However, Donnelly also emphasizes the challenges faced in implementing these rights in developing countries due to cultural norms and legal barriers.

 

2. Criminalization of Same-Sex Relationships:

Winter Dyk et al. (2017) examine the criminalization of same-sex relationships in developing countries. They underscore the persistence of colonial-era laws that continue to criminalize consensual same-sex conduct. The authors discuss the impact of such laws on the human rights and well-being of LGBTQ+ individuals, including the perpetuation of stigma and discrimination.

 

3. Lack of Recognition for Gender Identity and Expression:

Valentine (2007) delves into the lack of legal recognition and protection for gender identity and expression in developing countries. The author presents case studies that illustrate the challenges faced by transgender and gender-nonconforming individuals in accessing healthcare, education, and employment opportunities.

 

 

 

4. Discrimination in Various Spheres of Life:

Aggleton et al. (2015) investigate discrimination faced by LGBTQ+ individuals in developing countries. The authors analyse discrimination in employment, education, and healthcare sectors, highlighting its detrimental effects on human rights and social inclusion.

 

5. Violence and Persecution:

Today’s et al. (2017) provide insights into the violence and persecution experienced by LGBTQ+ individuals in developing countries. They shed light on the prevalence of hate crimes, police abuse, and societal violence, often exacerbated by impunity and lack of legal protection.

 

6. Positive Developments and Success Stories:

Beard (2018) showcases positive legal developments in specific developing countries. The author highlights instances of decriminalization of homosexuality, adoption of anti-discrimination laws, and recognition of gender identity through legal means. Human Rights Campaign (2020) presents success stories from advocacy efforts that have contributed to legal reforms and social change.

 

7. The Role of International Actors and Advocacy:

Karakoç and Gerstenbluth (2019) explore the role of international actors, non-governmental organizations, and grassroots movements in advocating for LGBTQ+ rights in developing countries. The authors discuss the impact of international pressure, support for local organizations, and awareness-raising campaigns in fostering legal reform and social acceptance.

 

The literature review reveals that legal protection for LGBTQ+ rights in developing countries faces significant challenges, including the persistence of discriminatory laws, lack of recognition for gender identity, discrimination, and violence. Positive developments and the efforts of international actors and advocates offer hope for progress. However, further research is needed to address the gaps and support the global movement for LGBTQ+ rights, striving for equal protection and social inclusion in developing nations. This synthesis of existing research provides valuable insights to inform future strategies and initiatives aimed at advancing LGBTQ+ rights in developing countries.

 

 

 

 

1. Methodology:

1. Research Design:

This research employs a mixed-methods approach to comprehensively analyse the legal protection of LGBTQ+ rights in developing countries. The study incorporates both qualitative and quantitative data to provide a nuanced understanding of the challenges and progress in safeguarding the rights of sexual and gender minorities.

 

2. Data Collection:

a. Literature Review: A comprehensive literature review is conducted to identify and analyse existing academic publications, legal documents, reports, and articles related to LGBTQ+ rights in developing countries. Databases such as PubMed, JSTOR, Google Scholar, and legal databases are utilized to access relevant peer-reviewed research.

 

b. Legal and Policy Analysis: In-depth examination of domestic laws, constitutions, and policies related to LGBTQ+ rights in selected developing countries is carried out. Official government websites, legal databases, and human rights organizations' reports are primary sources for this analysis.

 

c. Human Rights Reports: Reports from reputable international and regional human rights organizations, such as Amnesty International and Human Rights Watch, are reviewed to understand the human rights situation and challenges faced by LGBTQ+ individuals in developing countries.

 

d. Case Studies: Case studies from specific developing countries are selected to illustrate both successful strategies and challenges in promoting LGBTQ+ rights. These case studies are chosen based on their significance in the LGBTQ+ rights context and the availability of data.

 

e. Interviews and Surveys: Key stakeholders, including LGBTQ+ activists, lawyers, human rights experts, and representatives from non-governmental organizations, are interviewed to gain insights into the legal challenges and advocacy efforts in developing countries. Surveys may also be conducted to gather quantitative data on public attitudes towards LGBTQ+ rights and legal protections.

 

 

3. Selection of Developing Countries:

A purposive sampling method is used to select representative developing countries from different regions. The selection criteria include the level of LGBTQ+ rights protection, cultural diversity, and availability of data. The final countries chosen will allow for a comprehensive comparison of legal frameworks and social attitudes towards LGBTQ+ rights.

 

4. Data Analysis:

a. Content Analysis: The literature review and legal analysis data are subjected to content analysis to identify recurring themes, legal barriers, and common challenges faced by LGBTQ+ individuals in developing countries.

 

b. Qualitative Data Analysis: The interview data is transcribed and subjected to thematic analysis to identify key insights, trends, and perspectives related to LGBTQ+ rights and advocacy efforts.

 

c. Quantitative Data Analysis: If surveys are conducted, quantitative data will be analysed using statistical tools to understand public attitudes towards LGBTQ+ rights and legal protections.

 

5. Ethical Considerations:

Ethical approval is sought before conducting interviews or surveys involving human participants. Informed consent is obtained from all participants, and their privacy and confidentiality are strictly maintained. The research also follows the principles of non-maleficence, beneficence, and justice in the treatment of data and participants.

 

6. Limitations:

The research acknowledges some limitations, including potential language barriers in accessing all relevant literature and reliance on secondary sources for legal analysis. The sample size for interviews and surveys may also be limited due to logistical constraints.

 

This methodology ensures a comprehensive and balanced analysis of legal protection for LGBTQ+ rights in developing countries. By integrating qualitative and quantitative data, this research aims to contribute valuable insights to the discourse surrounding LGBTQ+ rights and provide evidence-based recommendations for enhancing legal protections and promoting social inclusion in developing nations.

 

1. Legal framework for LGBTQ+ Right in developing countries

The legal framework for LGBTQ+ rights in developing countries varies significantly, reflecting the diverse cultural, religious, and political contexts within each nation. While some countries have taken steps to protect and promote LGBTQ+ rights, others continue to have discriminatory laws and policies. Below are common elements found in the legal frameworks of developing countries concerning LGBTQ+ rights:

 

1. Constitutional Protections: Some developing countries have constitutional provisions that protect individuals from discrimination based on sex, gender, or sexual orientation. These constitutional provisions form the basis for recognizing LGBTQ+ rights and can be instrumental in challenging discriminatory laws.

 

2. Criminalization of Same-Sex Relationships: In many developing countries, consensual same-sex relationships are still criminalized[5]. These laws are often remnants of colonial-era legislation and are used to justify persecution and discrimination against LGBTQ+ individuals.

 

3. Decriminalization Efforts: Some developing countries have taken steps to decriminalize homosexuality and consensual same-sex relationships. Legal reforms have been enacted to remove or amend laws that criminalize same-sex conduct.

 

4. Anti-Discrimination Laws: Several developing countries have introduced anti-discrimination laws that provide protections against discrimination based on sexual orientation or gender identity in various areas, such as employment, education, healthcare, and housing.

 

5. Recognition of Gender Identity: Some countries have made progress in recognizing gender identity, allowing individuals to legally change their gender marker on identification documents. This recognition is crucial in ensuring access to services and protection against discrimination.

 

6. Hate Crime Laws: Developing countries may have laws that specifically address hate crimes based on sexual orientation or gender identity. These laws are designed to enhance punishment for crimes committed against LGBTQ+ individuals due to their identity.

7. Legal Gender Recognition for Transgender Individuals: In certain developing countries, there are legal procedures in place for transgender individuals to change their gender identity legally, including on official documents.

 

8. Access to Healthcare Services: Legal frameworks may address healthcare access for LGBTQ+ individuals, ensuring that they receive non-discriminatory treatment and have access to necessary medical services, including gender-affirming care

 

9. Freedom of Expression and Assembly: The legal framework may safeguard the freedom of expression and assembly for LGBTQ+ individuals and organizations, allowing them to advocate for their rights without fear of persecution.

 

10. Non-Discrimination in Military and Police: Some countries have policies that protect LGBTQ+ individuals from discrimination in the armed forces and police.

 

11. Education Policies: Legal frameworks may address LGBTQ+ rights in education, ensuring that schools provide inclusive and non-discriminatory environments for LGBTQ+ students.

 

It is essential to note that the legal landscape for LGBTQ+ rights in developing countries is not homogenous, and some countries may have more progressive legal frameworks compared to others. Additionally, the implementation and enforcement of these laws can vary significantly, affecting the actual protection and promotion of LGBTQ+ rights on the ground. Ongoing efforts by human rights activists, local organizations, and international actors play a crucial role in advocating for stronger legal protections and social acceptance for LGBTQ+ individuals in developing countries[6].

 

1. Cultural and social attitude towards LGBTQ

Cultural and social attitudes towards LGBTQ+ rights in developing countries can vary widely, influenced by traditional beliefs, religious teachings, historical contexts, and socio-cultural norms. These attitudes often shape public perception, government policies, and the level of legal protection afforded to LGBTQ+ individuals. Here are some common cultural and social attitudes observed in developing countries:

1. Stigmatization and Discrimination: In many developing countries, LGBTQ+ individuals face significant stigma and discrimination due to their sexual orientation or gender identity. Negative stereotypes and prejudices often lead to social exclusion, limited opportunities, and harassment.

 

1. Religious and Traditional Beliefs: Strong religious and traditional beliefs play a significant role in shaping attitudes towards LGBTQ+ rights. In societies where conservative interpretations of religious texts prevail, homosexuality and gender diversity may be viewed as sinful or unnatural.

 

1. Criminalization and Persecution: In some developing countries, homosexuality is criminalized, leading to the persecution and arrest of LGBTQ+ individuals. These laws often reinforce negative social attitudes and make it challenging for LGBTQ+ communities to assert their rights.

 

1. Secrecy and Fear: Due to the prevailing stigma and discrimination, many LGBTQ+ individuals in developing countries may be forced to keep their sexual orientation or gender identity hidden. Fear of rejection from family, friends, and society at large may prevent them from openly expressing their identities.

 

1. Family and Community Rejection: LGBTQ+ individuals in developing countries often face rejection from their families and communities. This rejection can lead to homelessness, loss of support networks, and economic hardships.

 

1. Lack of Education and Awareness: Limited education and awareness about LGBTQ+ issues contribute to negative attitudes and misconceptions. Ignorance about sexual orientation and gender identity diversity can perpetuate prejudice and discrimination.

 

1. Violence and Hate Crimes: Some developing countries witness violence and hate crimes targeting LGBTQ+ individuals, motivated by deep-rooted homophobia and transphobia. Perpetrators often act with impunity, which further exacerbates the fear and vulnerability of the LGBTQ+ community.

 

1. Limited Legal Protections: The lack of comprehensive legal protections for LGBTQ+ individuals in developing countries can be reflective of prevailing social attitudes. Governments may be hesitant to enact progressive laws due to societal resistance or political considerations.
2. Changing Attitudes and Advocacy Efforts: Despite the challenges, there are instances of changing attitudes towards LGBTQ+ rights in some developing countries. Advocacy efforts, visibility of LGBTQ+ individuals, and the influence of global LGBTQ+ movements have contributed to challenging social norms and fostering acceptance.

 

1. Inclusive Movements and Allies: In some developing countries, there are growing movements advocating for LGBTQ+ rights, including allies from various social, cultural, and religious backgrounds. These inclusive movements seek to challenge discriminatory attitudes and promote social change.

 

1. Intersectionality: It is essential to recognize that LGBTQ+ individuals in developing countries may face intersecting forms of discrimination, such as based on race, ethnicity, class, or disability. These intersections can further compound the challenges they encounter.

 

Therefore, cultural and social attitudes towards LGBTQ+ rights in developing countries remain diverse and complex. While progress is being made in some regions, significant challenges persist due to deeply ingrained stigma, discrimination, and the absence of comprehensive legal protections. Advancing LGBTQ+ rights in these contexts requires addressing cultural and social attitudes through education, awareness-raising, and fostering inclusive dialogue to promote greater acceptance and understanding. Additionally, concerted efforts by governments, civil society organizations, and international actors are vital in promoting human rights and social justice for LGBTQ+ individuals in developing countries.

 

1. Case studies: A Comparative Analysis

Case Study 1: Kenya

Context: In Kenya, homosexuality is criminalized under the Penal Code, and LGBTQ+ individuals face widespread discrimination and violence.

 

Key Points:

• LGBTQ+ activists and organizations face legal restrictions and challenges in advocating for their rights due to the criminalization of same-sex relationships.
• In 2019, the High Court of Kenya upheld the criminalization of homosexuality, dismissing a petition challenging the constitutionality of the Penal Code's provisions.
• The case illustrates the legal barriers and societal prejudices that hinder the advancement of LGBTQ+ rights in many developing countries, particularly in Africa.

Case Study 2: Brazil

Context: Brazil is known for its vibrant LGBTQ+ community; however, violence and discrimination against LGBTQ+ individuals persist.

 

Key Points:

• Brazil has made progress in recognizing LGBTQ+ rights, including legalizing same-sex marriage and allowing transgender individuals to change their names and gender markers on official documents.
• Despite these legal advancements, Brazil continues to witness high levels of violence against LGBTQ+ individuals, particularly transgender individuals and LGBTQ+ people of colour.
• The case study highlights the complexities of achieving legal protection and social acceptance for LGBTQ+ individuals in developing countries, where progress may coexist with persistent challenges.

 

Case Study 3: Uganda

Context: Uganda is notorious for its stringent anti-LGBTQ+ laws and hostile environment for sexual and gender minorities.

 

Key Points:

• The "Anti-Homosexuality Act," proposed in 2009, sought to introduce the death penalty for certain homosexual acts. Although the law was later struck down on procedural grounds, it fuelled societal violence and discrimination against LGBTQ+ individuals.
• LGBTQ+ activists and allies in Uganda face significant risks, including threats, violence, and arrest, while advocating for human rights and social acceptance.
• The case study exemplifies the grave consequences of discriminatory laws and societal attitudes on LGBTQ+ communities in some developing countries.

 

Case Study 4: India

Context: India's LGBTQ+ rights movement has experienced significant milestones, but challenges persist.

 

 

 

 

Key Points:

• The 2018 Navtej Singh Johar judgment[7]decriminalized consensual same-sex relationships, marking a significant victory for LGBTQ+ rights in India.
• Despite legal advancements, transgender individuals continue to face discrimination and marginalization, and comprehensive legal recognition of same-sex partnerships is still pending.
• The case study illustrates the complexities of advancing LGBTQ+ rights in developing countries, where progress is often met with resistance from conservative societal and religious norms.

 

The case studies from different developing countries reveal the diverse and challenging landscape of LGBTQ+ rights globally. While some countries have made significant progress in legal recognition and protection of LGBTQ+ rights, others continue to criminalize same-sex relationships and perpetuate discrimination. The comparative analysis highlights the importance of recognizing the unique cultural, societal, and legal contexts in each country while advocating for LGBTQ+ rights. Ongoing efforts by local activists, international organizations, and allies are crucial in advancing LGBTQ+ rights and fostering a more inclusive and accepting environment for sexual and gender minorities in developing countries.

 

1. Discussion and Implication-

1. Discriminatory Legal Frameworks: Research consistently shows that many developing countries maintain discriminatory legal frameworks that criminalize same-sex relationships and fail to provide adequate protection for LGBTQ+ rights. These laws contribute to the stigmatization and marginalization of sexual and gender minorities, hindering progress towards equality.

 

1. Impact of Colonial-Era Laws: Many developing countries inherited colonial-era laws that criminalize homosexuality. These laws have deep historical roots and reflect the legacy of colonial attitudes towards LGBTQ+ individuals. Repealing and reforming these laws is a significant challenge due to cultural and religious sensitivities.

 

1. Violence and Persecution: Studies consistently reveal high levels of violence and persecution faced by LGBTQ+ individuals in developing countries. Hate crimes, police abuse, and societal violence often go unpunished, leading to a climate of fear and vulnerability for sexual and gender minorities.

 

1. Intersectionality of Discrimination: Research highlights the intersectionality of discrimination, where LGBTQ+ individuals face compounded marginalization based on factors such as race, ethnicity, socioeconomic status, and disability. Intersectional identities can exacerbate the challenges and vulnerabilities experienced by sexual and gender minorities.

 

1. Positive Legal Developments: Some developing countries have made positive legal strides in advancing LGBTQ+ rights. Decriminalization of homosexuality, recognition of gender identity, and legal protections against discrimination are examples of positive developments that foster greater inclusion and equality.

 

1. Role of International Actors: Research underscores the importance of international actors, including human rights organizations, foreign governments, and NGOs, in advocating for LGBTQ+ rights in developing countries. International pressure and support have played a significant role in pushing for legal reforms and social acceptance.

 

1. Local Activism and Advocacy: Local LGBTQ+ activists and organizations play a vital role in advocating for their rights within their communities. These grassroots efforts are essential in challenging societal norms, raising awareness, and fostering change from within.

 

1. Challenges in Implementation: Even in countries with progressive legal frameworks, implementation and enforcement of LGBTQ+ rights can be inconsistent. Cultural resistance, lack of resources, and institutional bias hinder the full realization of legal protections.

 

1. Religious and Cultural Opposition: Strong religious and cultural beliefs often influence public attitudes and government policies towards LGBTQ+ rights. Overcoming such opposition requires nuanced strategies that respect cultural values while promoting human rights.

 

1. Public Attitudes and Awareness: Public attitudes towards LGBTQ+ rights are diverse in developing countries. Studies show that awareness and understanding of sexual and gender diversity vary widely, with urban areas generally being more accepting than rural regions.

 

The key findings from research on LGBTQ+ rights in developing countries highlight the complex and multifaceted challenges faced by sexual and gender minorities. Discriminatory legal frameworks, societal prejudices, and cultural resistance pose significant barriers to achieving full equality and protection for LGBTQ+ individuals. The intersectionality of discrimination further compounds the challenges faced by marginalized LGBTQ+ communities.

 

Positive legal developments and the role of international actors offer hope for progress, but much work remains to be done. Local activism and advocacy are critical in driving change at the grassroots level. Public attitudes and awareness play a vital role in shaping societal acceptance and the trajectory of LGBTQ+ rights.

 

Moving forward, comprehensive strategies that address legal reform, societal attitudes, and intersectional discrimination are essential in advancing LGBTQ+ rights in developing countries. Collaborative efforts by local activists, international organizations, governments, and allies are crucial in promoting human rights, social inclusion, and equality for LGBTQ+ individuals in developing nations.

 

1. Conclusion-

In conclusion, this research paper provides a comprehensive analysis of the legal protection for LGBTQ+ rights in developing countries. The study examines the diverse legal frameworks, social attitudes, and challenges faced by sexual and gender minorities in these contexts. The key findings from the research shed light on the complexities and disparities in LGBTQ+ rights protection across different developing nations.

 

The research reveals that many developing countries continue to maintain discriminatory laws that criminalize same-sex relationships and fail to provide adequate legal protections for LGBTQ+ individuals. These laws perpetuate stigma, discrimination, and violence against sexual and gender minorities, hindering their social inclusion and enjoyment of fundamental human rights.

 

Moreover, cultural and religious attitudes play a significant role in shaping societal acceptance and governmental policies towards LGBTQ+ rights. Strong traditional beliefs and deep-rooted cultural norms can foster resistance to legal reforms and hinder progress towards greater equality.

However, the research also highlights positive developments in some countries where legal reforms and advocacy efforts have resulted in the recognition of LGBTQ+ rights. Decriminalization of same-sex relationships, recognition of gender identity, and legal protections against discrimination are some of the strides made towards fostering a more inclusive society.

 

The analysis emphasizes the importance of international actors, local activists, and advocacy organizations in driving positive change and promoting LGBTQ+ rights. International pressure and support have contributed to legal reforms and awareness-raising campaigns in several developing countries.

 

Despite the progress made in some regions, challenges persist in implementing and enforcing LGBTQ+ rights. Intersectional discrimination based on race, ethnicity, socioeconomic status, and other factors exacerbates the vulnerabilities faced by sexual and gender minorities.

 

In conclusion, this research underscores the urgent need for ongoing efforts to promote LGBTQ+ rights in developing countries. Comprehensive strategies that address legal reform, societal attitudes, and intersectional discrimination are crucial in advancing human rights and social justice for LGBTQ+ individuals.

 

The global movement for LGBTQ+ rights must continue to collaborate, advocate, and raise awareness to create a world where sexual and gender minorities are treated with dignity, respect, and equal protection under the law in all nations, including developing countries. Only through collective action and unwavering commitment can we strive towards a more inclusive and just world for all individuals, regardless of their sexual orientation or gender identity. 

 

 

 

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[1] Letter Dated 18 December 2008 from the Permanent Representatives of Argentina, Brazil, Croatia, France, Gabon, Japan, the Netherlands and Norway to the United Nations addressed to the President of the General Assembly (doc. no. A/63/64, 63rd session, United Nations General Assembly, 22 December 2008).

[2]  Letter Dated 18 December 2008.

[3] Neil MacFarquhar, “In a First, Gay Rights Are Pressed at the U.N.,” The New York Times, 18 December 2008, https://www.nytimes.com/2008/12/19/world/19nations.html.

 

 

[4] Discriminatory laws and practices and act of violence against individuals based on their sexual orientation and gender identity (doc. no. A/19/41, 19th session, United Nations General Assembly, 17 November 2011).

[5] Protection against violence and discrimination.

[6] Mohn, “The Shifting Global Terrain.”

[7] Navtej Singh Johar & Ors. v. Union of India the Secretary Ministry of Law and Justice (2018)