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Original Research

EFFECTIVE INCLUSION OF LGBTQ PERSONS: SPOTLIGHT ON REGIONAL UNDERSTANDING OF SEXUAL ORIENTATION AND GENDER IDENTITY

Dr. AMIT ANAND 1, Dr. PREETHI LOLAKSHA NAGAVENI 2, and AAKANKSHA MADAAN 3.

Vol 18, No 05 ( 2023 )   |  DOI: 10.17605/OSF.IO/PDYU3   |   Author Affiliation: Assistant Professor of Law, School of Legal Studies, REVA University, Bengaluru, India 1,3; PhD (Law), Lancaster University, United Kingdom 2.   |   Licensing: CC 4.0   |   Pg no: 2353-2361   |   Published on: 31-05-2023

Abstract

Globally, LGBTQ persons face harassment, violence, and discrimination on the basis of sexual orientation, gender identity, gender expression and sex characteristics. LGBTQ persons are often discriminated in fields like employment, housing, and access to services. Despite the acknowledgment of the principle of equality and non-discrimination in various international human rights instruments, lately with increased global media attention on violent acts of persecution inflicted on LGBTQ persons, a crucial question before the world community today is whether gay rights are indeed included under basic human rights. This question is not only slowly taking center stage at the United Nations but is also being debated in the regional context, particularly, within the wider framework of the right to privacy and prohibition of discriminatory practices. This paper, therefore, reflects upon the issues of privacy and general discrimination concerning sexual minorities at the regional level with a particular focus on the work of the ECHR and the ACHR in prohibiting discrimination against sexual minorities.


Keywords

LGBTQ, Sexual Minorities, Human Rights, Discrimination, Yogyakarta