Lgbt Essay

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support of LGBT people, because it highlights a significant point in prohibiting "any discrimination", on any ground. In past times most homosexuals were often being discriminated against and were not granted equal protection under the law, and this was mainly due to the majority’s opposition of LGBT people and their rights. This particular principle is imperative because it covers one of the most important human rights, and that is the "Right to a fair trial". If the LGBT people are not given a fair trial, then that can lead to the deprivation of their rights and essentially their freedom.

The Universal Declaration of Human Rights has activists for LGBT rights drawn up to support the recognition of the rights of LGBT people. Article 3, 5, and 7 of the Universal Declaration of Human Rights serve as perfect examples. According to article 3 "Everyone has the right to life, liberty, and security of a person." Again, this reiterates the right for any person to life, liberty, and security and it is essential for LGBT people because many of them were killed. Article 5 states "No one shall be subjected to torture or to cruel, inhuman or degrading punishment." Lastly, article 7 states "All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination."(http://www.un.org/en/documents/udhr/). This particular article is very much correlated to article 26 of the International Covenant on Civil and Political Rights where it emphasizes the significance or equal protection before the law.

The International Covenant on Economic, Social and Cultural Rights also has activists for LGBT rights drawn upon to support the recognition of the rights of LGBT people. According to article 2, section 2 "The States Parties to the present covenant undertake to guarantee that the rights enunciated in the present covenant will be exercised without discrimination of any kind as to race, color, sex, language, religion, political or other opinio, national or social origin, property, birth or other status."(http://www.ochr.org/EN/Professional/Interest/Pages/CESCR.aspx). Article 3 states "The States Parties to the present covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social, and cultural rights set forth in the present covenant. This article essentially displays support for LGBT people because it emphasizes the equal right of men and women to the enjoyment of particularly social rights. Unfortunately, there were not as much provisions supporting LGBT rights in the International Covenant on Economic, social, and cultural rights and the Universal Declaration of Human Rights.

LGBT rights do pose challenges to the universality of human rights by sharp divisions in the world. For example, for the countries with strong traditional and religious beliefs that condemn LGBT people and their rights could ultimately reject LGBT rights. Many people in this world hold strong religious beliefs and also value the power of the Universal Human Rights. However, those people may not accept LGBT rights and may ultimately look down upon them and reject them as even being rights. Conversely, some people don’t consider freedom of speech and freedom of expression as rights. The major challenge is essentially convincing everyone to buy into LGBT rights and to mentally accept them as not just being LGBT rights, but generally being Human Rights. Although, some people have been able to accept LGBT people, there’s still a larger number of people who tolerate them but still don’t accept them. I think that the developing norms are appropriate. However, I think that these norms should only apply to the societies that accept the LGBT rights and not the ones that reject them. There would be no significance of implementing LGBT in a society that strictly forbid such rights because it will cause major conflicts to arise and it would ultimately change that society’s identity.

Social movements, during the late 1960s such as the Black Power, Vietnam War movements, and the women’s Liberation movement inspired LGBT activists to become more radical. There was a a relationship between the women’s rights movement and the effort to establish LGBT rights within the UN system. Throughout the years women and LGBT people have faced adversity. Before the battle over the evolution of marriage, women fought for personal and marital freedoms. Women were essentially looking for more than just marriage and wanted more rights. Both women and homosexuals suffered discrimination. Women weren’t allowed to vote, own property, divorce an abusive husband, or serve as a witness in court. The similarities between the homosexuals and the women was that neither group had a voice. Since both groups served as the minorities respectively, they were essentially on their own. Another similarity between both groups is that they gave maximum effort by lobbying, marching, and forming social groups in attempt to bring about justice.

There were assertions of LGBT rights in the UN system. The General Assembly of the United Nations had two resolutions to sexual orientation and gender identity. The first resolution stated "Requests the High Commissioner to commission a study to be finalized by December 2011, to document discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and their gender identity, in all regions of the world, and how international human rights law can be used to end violence and related human rights violations based on sexual orientation and gender identity."(http://www.scribd.com/de/identity/58106434/UN-Resolution-on-Sexual-orientation-and-Gender-Identity). The second resolution stated "Decides to convene a panel discussion during the 19th session of the Human Rights Council, informed by the facts contained in the study commissioned by the High Commissioner and to have constructive, informed and transparent dialogue on the issue of discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity."(http://www.scribd.com/de/identity/58106434/UN-Resolution-on-Sexual-orientation-and-Gender-Identity).

There are treaty monitoring bodies that have adopted conclusions which support LGBT rights. "Article 7 and 10 of the ICCPR protect against torture or "cruel, inhuman or degrading treatment on punishment" and stipulate that all person’s shall be with humanity and dignity at all times, including while in detention or other official custody. Article 5 of the ICCPR likewise prohibits "torture, cruel, inhuman or degrading