“Otra condición social”: Todos los derechos para todxs
Un estudio de caso de los derechos humanos de minorías sexuales en la Argentina
“Other Status”: All Rights for All
A Case Study of Human Rights of Sexual Minorities in Argentina
Although the theory and practice of human rights is founded upon all humans having equal access to all rights, sexual minorities are systematically denied their rights. As humans and as citizens of Argentina, the community of sexual minorities have inherent and constitutional rights to equality, but as gays, lesbians, bisexuals, trans, travestis, queers and intersex, they are not recognized, respected, or protected equally. The ultimate solution is the achievement of this equality. However, equality for sexual minorities, especially in the international human rights system, remains a distant goal. The necessary action for the meantime is to keep the system moving towards that goal, step by step.
This project seeks to determine what the next step is, and how to take it, towards the attainment of equality, via a case study of the sexual minorities’ rights movement in Argentina. The project works within the frameworks of human rights, sexual minorities’ rights, and the particularities of the Argentine case. To contextualize the current situation, this essay offers a brief history of movement of sexual minorities in Argentina. As this study finds, members of the local community of sexual minorities and its organizations each have their own ideas of what equality would look like, how it would function, and how best to achieve it.
Primary research for this project was conducted through interviews with members of the International Gay and Lesbian Human Rights Commission (Comisión Internacional de Derechos Humanos Gays y Lesbianas), the Argentine LGBT Federation (Federación Argentina LGBT), Lesmothers (Lesmadres), and the Center of GLBT Technical and Juridical Studies (Centro de Estudios Técnicos y Jurídicos GLBT). Secondary research was conducted through reading, analyzing, and applying various resources, especially Universal Human Rights in Theory and Practice by Jack Donnelly and The Gay Question (La cuestión gay) by Ernesto Meccia. In addition to this research, the project was informed by participation in events and activities of the local LGBTQQAI community.
The research of this project is analyzed within the themes of demand, education and support, judicial instruments and how to utilize them, social change, inter-movement work, auto-determination, and division and exclusion. Considering the right to nondiscrimination as an ultimate goal, the study also explores interpretations of nondiscrimination, strategies for the inclusion of sexual minorities in international protections against discrimination, and national mechanisms of incorporation. It also explores obstacles in the path of the sexual minorities’ rights movement, including the majority they face. This project also seeks to find how local organizations work towards their goals, their next steps, how the community of sexual minorities works, and how they utilize human rights in their efforts. Finally, in addition to finding answers to these questions, the study also poses questions to be explored in further research in an undergraduate thesis in the coming year, as well as questions that should be posed to the actors of the local movement as they moved towards achievement of common goals.
This study finds that the common goal of the sexual minorities’ movement in Argentina is nondiscrimination, beyond tolerance, in the form of equal protection. As each organization defines its own goals and plan of action, for some, this must mean the guarantee of the same rights with the same name, for others, recognition of their families as they wish to form them is most important, as examples found through this study. Each individual interviewed during the course of this project described the ways in which their organization utilizes human rights in their efforts. Each individual described during their interview elements of the day to day life of sexual minorities in Argentina, the daily consequences of the denial and violation of their human rights, and their struggle for equality, step by step. This study finds that the best battleground for the sexual minorities’ rights movement is local and national, as shown by the work of the organizations included in this case study.
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