Are LGBT rights Human Rights?

RECENTLY, the Lesbian, Gay, Bisexual and Transgender (LGBT) community has been receiving much attention locally as it seeks to advance the call for the natural, inalienable rights of individuals.

What are these natural and inalienable rights? As far I know, the concept of these was birthed from the 16th century European enlightenment ideals. It is based on the premise that every human being – regardless of their inherent differences- are born with certain fundamental rights- like the right to life and freedom.

These ideals spawned from the intellectual awakening of people, who sought to question how they were governed. And, they were made more popular by Thomas Jefferson who included the concept in the USA’s Declaration of Independence in 1776. Arguably, to this day, not every human has these fundamental rights. And LGBT individuals are among those denied of their human rights in Guyana.

Researchers from the Georgetown Law Human Rights Institute recently conducted a study in Guyana and published as: “Trapped: Cycles of Violence and Discrimination against Lesbian, Gay, Bisexual and Transgender persons in Guyana”.

The study addressed the myriad issues plaguing the community, from violence to discrimination, integrating qualitative information from LGBT individuals. It aimed to document their struggles and seeks to amplify their voices in protesting the violations meted out to them.

One section focused on discrimination in the workplace; an ill but an issue where much progress has been made nevertheless.

According to this study, “While many Guyanese struggle to find employment and earn a living wage, these challenges are exacerbated for LGBT individuals who encounter a toxic mix of discriminatory laws and prejudice that further hinders their right to work.”

The general challenge is first finding employment; this is fostered by the inability to complete secondary education due to discrimination in the home and school and later the intolerance by employers.

This was found to be particularly true for individuals who are openly LGBT, regardless of their skills. Furthermore, the study unearthed that part of the unwillingness to hire LGBT persons stem from the broader discriminatory attitudes in the Guyanese society.

Twinkle Bissoon, a transgender woman said, “Some persons think, especially when dealing with customers, [that] you put them at risk for not having business.” Many of the other LGBT interviewees noted they could only find work in situations where they did not have to interact with the general public or in the informal sector, such as call centres, domestic work, or sex work.

Then comes discrimination in the workplace. When LGBT individuals are able to secure jobs, the study showed that those who disclose their non-normative (or presumed) Sexual Orientation, Gender Identity and Expression (SOGIE) in the workplace, risk being harassed, bullied, and fired.

And nondiscrimination policies are critical yet majorly absent from workplaces, but more importantly is the need for the revision of the 1997 Prevention Discrimination Act.

For some time, the Society Against Sexual Orientation Discrimination (SASOD) has been working on the revision of this act to include “sexual orientation” and will legally protect persons identified as lesbians, gays and bi-sexuals, while “gender identity” will offer protection to transgender persons. In its current form, the act only prohibits discrimination in the workplace based only on “race, sex, religion, colour, ethnic origin, indigenous population, national extraction, social origin, economic status, political opinion, disability, family responsibilities, pregnancy, marital status or age…”

This issue of discrimination in the workplace presents an illustration of the discrimination against LGBT individuals without being too controversial. It also shows seemingly simple changes that can have a great impact on improving the lives of people.
But, this discrimination is but one instance of this occurring, however. Discrimination has a ripple effect; it may lead to loss of livelihood and even violence and abuse. And, it is pervasive because there is the strongly supported argument, often from religious bodies, that homosexuality is immoral.

In my opinion, while individuals have the right to their opinion, they don’t have the right to marginalise people and encroach on their human rights by enforcing their views on other people and on the state of affairs.

What’s worse, is that the constitution of Guyana deems Guyana as a secular state, one which isn’t dictated by any religion and supports all Guyanese. Guyana also ratified the Universal Declaration of Human Rights and the first five articles alone guarantee: The right to Equality; Freedom from Discrimination; Right to Life, Liberty, Personal Security; Freedom from Slavery and Freedom from Torture and Degrading Treatment.

Therefore, under International Law, Guyana is legally obligated to safeguard the human rights of LGBT people. It may not be all black and white and it might not be pleasing to many, but it is the right thing to do. LGBT individuals are humans and all humans have their natural and inalienable rights. Better must come.

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