| dc.description.abstract | I. INTRODUCTION
We are in an era that generally accepts that every human being is born free and deserves equal rights to live their lives as they wish with freedom. But this is an almost unrealistic dream for LGBTQ groups all over the world. This is because LGBTQ rights are still not sufficiently addressed within the international human rights agenda.
In the last few decades, international customary law concepts such as non-discrimination and freedom have become more prominent and visible in the international human rights agenda. This environment has motivated civil society actors, international organizations and states, to respect and ensure human rights, and they have also engaged in the process setting the international human rights agenda. This paper discusses the role of the key actors that propel the process of inclusion of LGBTQ rights in the international agenda.
Objectives of the Study
This research paper has two main objectives:
(1). To examine the role of relevant actors in international agenda setting process vis-a-vis LGBTQ rights.
(2). To identify the challenges faced by advocates of LGBTQ rights in making these part of the international human rights agenda.
III. Methods and sources
Method of this research will be based on non-doctrinal legal research methods (socio- legal research). Nondoctrinal legal research method is basically analysis of the
formation or setting of the law with regard to three factors. These three factors are: “the legislative processes, inquiring into the initiation and formalization of law, the forces, factors or pressure groups that played significant role in its making and with what objectives” (Vibhute and Aynalem 2009 p.88). Indeed, socio legal approach
mentions how social factors impact upon the formation of law and human rights.
I selected this method because, I also focus on the factors that keep sexual minority rights out of the international human rights agenda, and actors who play major role in
agenda setting. This method is helps to understand how social factors affect agenda setting with regard to LGBTQ rights. The primary sources that used for this study include
international human rights documents such as Universal Declaration of Human Rights (UDHR), UN charter, other relevant UN resolutions, International Covenant on Civil and political Rights (ICCPR), Convention on the Elimination of All Forms Of Discrimination against Women(CEDAW), Yogyakarta principles, and advocacy and policy
documents regarding LGBTQ rights. The secondary sources include books, journal articles, and research papers and write ups about LGBTQ rights.
IV. Research Puzzle
My main research question is: Why have LGBTQ rights not featured adequately on the international human rights agenda? There are two hypotheses that are used in this
research. The first one is that the lack of clarity about sexual minority rights has been a barrier to its inclusion in international human rights agenda. Second hypothesis is
that contrary to the generally positive roles attributed to civil society actors, anti- LGBTQ rights civil society organizations have negatively affected the inclusion of
sexual minority rights in international human rights agenda.
V. Discussion
The global civil society plays a major role in shaping human rights agenda, because they are directly involved in framing issues and decision making processes. “According
to Risse (2002) the fact that Non-Governmental Organizations are primarily active within the agenda formation of global politics is not surprising as they provide
moral authority” (Lewin and Meyer 2002). International organizations have the main responsibility to develop international human rights policy and standards, which
can also be used to monitor states. International Organizations such as the UN works as a platform for states to discuss international issues, but they can also be autonomous actors in pushing forward the human rights agenda. Furthermore, states are major actors who can translate the human rights agenda into reality through
their positive behavior. But all these actors play both negative and positive roles in the agenda setting process because while some push LGBTQ rights into the human
rights agenda, others block the same.
VI. Conclusion
Civil society actors tend to play more of a negative rather than positive role when it comes to international agenda setting in relation to LGBTQ rights. Usually, NGOs are seen to play a positive role regarding issues such as environment, health and human rights. They do a remarkable task in addressing problems in the world. In the case of LGBTQ rights, there are few actors such as Human Rights Watch and Amnesty international that play a crucial supportive role in agenda setting. But there are
many other actors who, with their beliefs on religion, family, marriage and reproduction, block any progress in sexual minority rights. Even the UN does not provide
enough space for LGBTQ advocates to negotiate the issues that should be addressed in the human rights agenda. In certain instances, the UN has also cancelled some of LGBTQ organizations’ UN consultative status. | en_US |
