An Expanding Human Rights Corpus: Sexual Minority Rights as International Human Rights

Authors

Xavier B. Lutchmie Persad, London School of Economics and Political Science

Abstract

The article argues that sexual minorities are entitled to equal rights under principles of human dignity, equality, and non-discrimination. While international human rights frameworks like the Universal Declaration of Human Rights (UDHR) and regional systems, particularly the European Union’s Charter of Fundamental Rights, provide some protections, sexual minorities remain vulnerable due to the lack of explicit inclusion in most treaties. The European Court of Human Rights (ECtHR) and the UN Human Rights Committee (HRC) have advanced protections through jurisprudence, but significant gaps persist, especially for transgender and intersex individuals. The article advocates for a specialized treaty to address these disparities but acknowledges that its adoption is unlikely in the near future due to insufficient global consensus.

Disciplines

Comparative and Foreign Law | Human Rights Law | International Law | Law | Law and Gender | Sexuality and the Law

Recommended Citation

Xavier B. Lutchmie Persad, An Expanding Human Rights Corpus: Sexual Minority Rights as International Human Rights, 20 Cardozo J. Equal Rts. & Soc. Just. 337 (2014).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol20/iss2/4