Yogyakarta Plus 10: A Demand for Recognition of SOGIESC
In: North Carolina Journal of International Law, 2019
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In: North Carolina Journal of International Law, 2019
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In: http://hdl.handle.net/11427/36167
Throughout the world human rights abuses are committed against individuals on the grounds of their sexual orientation, gender identity and expression or sex characteristics (SOGIESC). The Human Rights Committee (HRC), which is the monitoring body of the International Covenant on Civil and Political Rights (ICCPR), can play a role in ensuring that human rights violations targeting SOGIESC diverse groups end. This can be done through the advancement of SOGIESC norms. By advancing SOGIESC norms the HRC would affirm that the rights in the ICCPR extend to SOGIESC diverse groups, thus promoting protection of SOGIESC diverse groups' civil and political rights. This dissertation examines the extent to which the HRC advances SOGIESC norms. This is realized through a combination of quantitative and qualitative analysis of how the HRC has engaged with SOGIESC under the auspice of its three monitoring functions – Views in individual communications, Concluding Observations and General Comments. The findings are explored within the theoretical framework of norm formation and theories about intrinsic qualities of successful norms. The analysis reveals that the HRC's advancement of SOGIESC norms is characterized by uneven progress. On one hand, the analysis demonstrates that the HRC has progressed significantly in its advancement of SOGIESC norms during the last 25 years. The HRC has increasingly advanced norms to affirm that numerous rights enshrined in the ICCPR extend to SOGIESC diverse groups. On the other hand, the analysis shows that progression on advancement of SOGIESC norms by the HRC is qualified. The HRC has not advanced the distinct SOGIESC norms equally, nor do the SOGIESC norms advanced by the HRC apply equally to individuals of diverse sexual orientation and gender identity and expression and sex characteristics. It is concluded that there is still scope for the HRC to improve advancement of SOGIESC norms. The dissertation offers three recommendations as to how the HRC can improve advancement of SOGIESC norms to achieve more comprehensive protection of SOGIESC diverse groups' human rights.
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In: Statelessness & Citizenship Review, 2020
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In: Journal of refugee studies
ISSN: 1471-6925
Abstract
In recent years, scholarship and policy reports have slowly attended to the lived realities of forced migrants with diverse sexual orientations, gender identities and expressions, and sex characteristics (SOGIESC). However, these emerging discourses are typically characterized by a violation-centric view that focuses on queer migrants' vulnerabilities and experiences of victimization. Yet, what remains strikingly absent from existing research and advocacy engagement is how refugees with diverse SOGIESC across different settings also actively seek out services and build support networks; how they engage with their experiences on their own terms; how they resist violence; or in other words, how they exercise various forms of agency. In this field reflection, we emphasize the importance to recognize how and under what conditions forced migrants with diverse SOGIESC exercise agency. We put forward illustrative examples based on field reflections of working with refugees with diverse SOGIESC, opening up new perspectives for research, policy, and activism.
In: Disaster prevention and management: an international journal, Band 32, Heft 2, S. 352-363
ISSN: 1758-6100
PurposeThe purpose of this article is to draw attention to how harmful and inaccurate discourses pertaining to disaster responsibility is produced, the negative implications such narratives pose and the role of the media in the ways in which discourses about queerness and disaster are reported.Design/methodology/approachThroughout this paper, the authors detail examples of media reporting on discourses relating to people with diverse sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC) being blamed and held responsible for disasters across the world. The authors examine the value of such reporting as well as describing the harm blame narratives have on queer people and communities.FindingsThere is little value in reporting on accounts of people publicly declaring that people with diverse SOGIESC are to blame for disaster. More sensitivity is needed around publishing on blame discourses pertaining to already marginalised communities.Originality/valueThis article contributes to the developing scholarship on lesbian, gay, bisexual, transgender, queer, intersex, agender, asexual and aromantic individuals, plus other gender identities and sexual orientations (LGBTQIA+/SOGIESC) and disasters by detailing the harm of blame discourses as well as drawing attention to how the media have a role to play in averting from unintentionally providing a platform for hate speech and ultimately enhancing prejudice against people with diverse SOGIESC.
In: Routledge Handbook of Development Ethics (2018)
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In: Journal of refugee studies
ISSN: 1471-6925
Abstract
This field reflection critically examines how emerging international norms concerning forcibly displaced people of diverse sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC) were negotiated during the 2021 UNHCR-IE SOGI Global Roundtable on Protection and Solutions for LGBTIQ+ People in Forced Displacement. I argue that the Roundtable was a crucial site of norm contestation on queer refugee intersectionality and inclusion within the global refugee policy regime, particularly among stakeholders grounded in two interconnected, mutually responsive policy ecosystems: (1) refugee rights and assistance and (2) LGBTIQ+ human rights. Through an intersectional queer feminist understanding of complex adaptive systems, I show how Roundtable stakeholders constructively challenged precepts of impartiality, neutrality, and a charity model of needs-based humanitarianism. Finally, I propose several ways to effectively innovate the international norms that will impact LGBTIQ+ refugees, asylum seekers, internally displaced people, and stateless people in coming years.
'Leave No One Behind' is an underlying principle enshrined in United Nations Sustainable Development Goals (SDGs), among which Goal 5 aims to achieve 'gender equality and empower all women and girls'. The question remains as to the manner in which the term 'gender' is interpreted. Does it accommodate the sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) of non-conforming individuals? This paper will examine the gender politics within the United Nations which resulted in the failure of SDGs to explicitly recognise the rights of sexual minorities in its agenda. Bearing in mind that all Goals are interrelated and that marginalisation by oppressive institutions is often interconnected and cannot be examined separately from one another, this paper will also consider how such exclusion has had a negative impact not only on the achievement of Goal 5 but also on the overall success of the SDGs. Harnessing the insights of feminist legal theories, this paper will address the challenges as well as propose a more inclusive framework that goes beyond the sex/gender binary to promote gender equality in all of its manifestations.
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In: Springer eBook Collection
1. National Human Rights Institutions in Southeast Asia: Challenges to the Protection of Human Rights -- 2. National Human Rights Institutions: From Idea to Implementation -- 3. NHRIs in Southeast Asian States: The Necessary Foundation for an Efficient ASEAN Intergovernmental Commission on Human Rights (AICHR) -- 4. National Human Rights Institutions and the United Nations Human Rights Treaty Body System: A Rebuttal to the Sceptics -- 5. Assessing the Effectiveness of the Myanmar National Human Rights Commission in the Wider Regional Geo-Political Context -- 6. From Transition to Government Accountability: Opportunities for the Myanmar National Human Rights Commission -- 7. Komnas HAM: Discrepancies between its Mandate and the Indonesian Constitutional Framework -- 8. Strengthening Komnas HAM and Building Synergies with other National State Institutions on Human Rights -- 9. The Protection Capacities of NHRIs in The Philippines, Thailand and Timor Leste -- 10. Advocating for a National Human Rights Institution in Singapore -- 11. Mental Health and Human Rights: The Role of Komnas HAM -- 12. Bridging Gaps and Hopes: Malaysia's National Human Rights Commission and Rights Related to SOGIESC -- 13. Komnas HAM and the Land Rights of Indigenous Peoples: National Enquiry as a New Mechanism for the Settlement of Disputes -- 14. The Protection Capacities of NHRIs.
In: Intersections: East European journal of society and politics, Band 8, Heft 4, S. 58-73
ISSN: 2416-089X
Mongolia has seemingly progressive national laws on sexuality, but its enforcement is poor. Criminalizing hate crime and speech against the country's lesbian, gay, bisexual, transgender, intersex, queer, and other sexual and gender minorities (LGBTIQ+) in the 2017 Criminal Code appears to make Mongolia 'a humane, civil, and democratic society,' as envisioned by its constitution. However, an increasing number of Mongolian queers fleeing the homeland seeking acceptance and freedom shows the magnitude of discrimination, hatred and violence based on sexual orientation, gender identity and expression, and sex characteristics (SOGIESC). This paper explores the lived experiences of repressed Mongolian queers and their exilic experiences. Semi-structured, in-depth interviews based on snowball sampling with 16 queers and allies reveal that shame, as a crucial identity construct of Mongolian queers, serves as a trigger for their forced and self-imposed exile. I argue that embraced and resolved shame of queer Mongolians in 'exile,' afforded to them by being exposed to somewhat better environment abroad, ease their exilic experiences, and transform shame into self-acceptance and self-esteem. This paper is original with its nuanced academic debates on the lived experiences of queer Mongolian diasporas in terms of shame, sexuality, and exile.
In: The Oxford Handbook of International LGBTI Law – Sexual Orientation, Gender Identity, Gender Expressions and Sex Characteristics (SOGIESC) Law from an International-Comparative Perspective (forthcoming 2019)
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Working paper
In: The Oxford Handbook of International LGBTI Law – Sexual Orientation, Gender Identity, Gender Expressions and Sex Characteristics (SOGIESC) Law from an International-Comparative Perspective (forthcoming 2019)
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Working paper
In: Routledge international handbooks
In: Routledge International handbook series
Introduction to queer development studies reader / Corinne L. Mason -- Queering policy and planning -- Foundational: changing families and communities : an LGBT contribution to an alternative development path / Peter Drucker -- Troubling hetero/cisnormative educational practices in international development / Robert C. Mizzi -- Queerying development planning : recognizing needs and identifying vulnerable populations in Africa / Petra L. Doan -- Gender, sexuality and development: avenues for action in a post-2015 development era / Chloe Vaast and Elizabeth Mills -- Queer development critique -- Foundational : arrested development or the queerness of savages : resisting evolutionary narratives of difference (with new preface) / Neville Hoad -- Dangerous liaisons? : (homo)developmentalism, sexual modernization and LGBTQ rights in Europe / Christine M. Klapeer -- Decolonizing development work : a transfeminist perspective / Chamindra Weerawardhan -- Global lgbtiq rights -- Foundational : critique of "sexual orientation" and "gender identity" in human rights discourse : global queer politics beyond the yogyakarta principles / Matthew Waites -- LGBTQ (in)visibility : a human security approach to SOGIESC / Ariel G. Mekler -- Liveable lives : a transnational queer-feminist reflection on sexuality, development and governance / Niharika Banerjea and Kath Browne -- The growing chasm : international polarization around queer rights / Dennis Altman and Jonathan Symons -- Aiding queer mobilizations? -- Foundation: rescue, and real love : same-sex desire in international development / Andil Gosine -- Queer paradise : development and recognition in the isthmus of tehuantepec / Marcus McGee -- Queer dilemmas : LGBT activism and international funding / Julie Moreau and Ashley Currier -- Politicized priorities : critical implications for LGBTQ movements / Nick J. Mulé -- Circumscribed recognition : creating a space for young queer people in Delhi / Maria Tonini -- Disrupting Joburg pride : exploring the depoliticisation of Africa's first pride march / Nyx McLean -- Index.
In: The Routledge international handbook series
In: Routledge international handbooks
Introduction to queer development studies reader / Corinne L. Mason -- Queering policy and planning -- Foundational: changing families and communities : an LGBT contribution to an alternative development path / Peter Drucker -- Troubling hetero/cisnormative educational practices in international development / Robert C. Mizzi -- Queerying development planning : recognizing needs and identifying vulnerable populations in Africa / Petra L. Doan -- Gender, sexuality and development: avenues for action in a post-2015 development era / Chloe Vaast and Elizabeth Mills -- Queer development critique -- Foundational : arrested development or the queerness of savages : resisting evolutionary narratives of difference (with new preface) / Neville Hoad -- Dangerous liaisons? : (homo)developmentalism, sexual modernization and LGBTQ rights in Europe / Christine M. Klapeer -- Decolonizing development work : a transfeminist perspective / Chamindra Weerawardhan -- Global lgbtiq rights -- Foundational : critique of "sexual orientation" and "gender identity" in human rights discourse : global queer politics beyond the yogyakarta principles / Matthew Waites -- LGBTQ (in)visibility : a human security approach to SOGIESC / Ariel G. Mekler -- Liveable lives : a transnational queer-feminist reflection on sexuality, development and governance / Niharika Banerjea and Kath Browne -- The growing chasm : international polarization around queer rights / Dennis Altman and Jonathan Symons -- Aiding queer mobilizations? -- Foundation: rescue, and real love : same-sex desire in international development / Andil Gosine -- Queer paradise : development and recognition in the isthmus of tehuantepec / Marcus McGee -- Queer dilemmas : LGBT activism and international funding / Julie Moreau and Ashley Currier -- Politicized priorities : critical implications for LGBTQ movements / Nick J. Mulé -- Circumscribed recognition : creating a space for young queer people in Delhi / Maria Tonini -- Disrupting Joburg pride : exploring the depoliticisation of Africa's first pride march / Nyx McLean -- Index
In: Andreas R. Ziegler et al (eds), Oxford Handbook of International LBGTI Law - Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics (SOGIESC) Law from an International-Comparative Perspective, Oxford University Press 2023 (forthcoming)
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