Essay Human Human International Law Orientation Right Right Sexual

Essay Human Human International Law Orientation Right Right Sexual-38
Challenges to the traditional heteronormative power structures, that is, the dominant and pervasive belief of heterosexuality as the norm, have seen an eruption of sexual diversity and the questioning of fixed notions of sexual binaries and continuums.There are a number of terms used to describe non-heterosexual and gender variant people which reflect concerns about inclusivity and exclusivity, as well as the political implications of doing so (Wilkinson, and Langlois, 2014: 251).Indeed, the inclusion of sexual orientation and gender identity in various human rights organisations and institutions demonstrates the flexibility and perpetual evolution of the human rights body.

Challenges to the traditional heteronormative power structures, that is, the dominant and pervasive belief of heterosexuality as the norm, have seen an eruption of sexual diversity and the questioning of fixed notions of sexual binaries and continuums.There are a number of terms used to describe non-heterosexual and gender variant people which reflect concerns about inclusivity and exclusivity, as well as the political implications of doing so (Wilkinson, and Langlois, 2014: 251).Indeed, the inclusion of sexual orientation and gender identity in various human rights organisations and institutions demonstrates the flexibility and perpetual evolution of the human rights body.

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Overall it is argued that the ascendance of LGBT rights in human rights discourse, whether this is through the articulation of ‘sexual orientation’ and ‘gender identity’ resolutions, or the pursuit of same-sex marriage can be interpreted as creating and stratifying new forms of heteronormativity (Warner, 1993) and homonormativity (Duggan, 2003).Introduction The past three decades have seen a proliferation in international activist and advocacy networks surrounding the global politics of lesbian, gay, bisexual and transgender (LGBT) rights.Although the domain of sexuality has long been the “focus of fierce ethical and moral debate” (Weeks, 2009: 2), it is only recently that sexual politics have become increasingly prominent on political agendas in both global and domestic realms.They are fundamental norms that protect all persons everywhere from grave political, legal and social violations (Nickel, 2014: online).They exist in both morality and the real world: in national and international law, in institutions, in the foreign policies of states, as well as the activities of political activists and a plethora of non-governmental organisations (NGOs) and networks (Beitz, 2009).There are unusually few criteria for determining when the term is used correctly and when incorrectly – and not just among politicians, but among philosophers, political theorists, and jurisprudents as well.The language of human rights has, in this way, become debased.” (Griffin, 2008: 14) Human rights have become the dominant paradigm within which moral and legal claims are pursued.The appropriation of the human rights framework as a central vehicle for political claims has allowed LGBT rights to move into the “mainstream” (Wilson, 2008: 73), signifying a considerable shift in the political agendas of social movements concerned with LGBT politics.The drafting and signing of the Declaration of Montreal (International Conference on LGBT Human Rights, 2006) and the Yogyakarta Principles of the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity (Correa and Muntarbhorn, 2007; hereafter Yogyakarta Principles) can be said to derive from, and epitomise a “significant acceleration and intensification of international struggles by LGBT movements” (Kollman and Waites, 2009: 1).Perhaps more significant, however, is that the adoption of a ‘human rights’ rhetoric and consolidation of a seemingly ‘international’ framework in the promotion of LGBT rights highlights the historical absence of LGBT persons from previous conceptions of the human (Butler, 2004). If queers, incessantly told to alter their ‘behaviour,’ can be understood as protesting not just the normal behaviour of the social, but the idea of normal behaviour, they will bring scepticism to the methodologies founded on that idea.” In other words, rather than understanding queer theory and its subsequent politics to be a narrow critique of normative heterosexuality, a broadened conception of queer seeks to contest, challenge and analyse socio-political institutions, political structures, and socio-cultural processes (Valera et al, 2011: 2) in order to understand the various existing formations of power and domination.In view of this history, queer theorists are profoundly critical of the use of a human rights framework. Thus, in this way queer theories “primarily investigate how queer subjectivities and practices…are disciplined, normalized, or capitalized upon by and for states, NGOs, and international corporations” (Weber, 2014: 597), or in this case, human rights.

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