Homosexual rights and the non-western world: a postcolonial reading of homosexual rights in international human rights law

Obendorf, Simon (1999) Homosexual rights and the non-western world: a postcolonial reading of homosexual rights in international human rights law. Third World Legal Studies, 15 . pp. 179-204. ISSN 0895-5018

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Homosexual rights and the non-western world: postcolonial reading of Homosexual Rights in International Human Rights Law
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Abstract

This paper examines the calls for the international legal recognition and protection of rights for homosexual men and women. To undertake such an examination, the paper utilises theoretical paradigms from within the field of postcolonial studies. Opening with an overview of the theoretical bases and preconceptions of postcolonial analysis, the paper then examines the extant bases for the protection of the rights of homosexuals at international law. It then goes on to examine Dutch-American scholar Eric Heinze's calls for atreaty-based instrument to codify and enforce principles of non-discrimination on the basis of sexual orientation in international law. The paper argues that while homosexual rights are indeed worthy of protection at international law, the current means by which they are protected, and the current proposals for international legal reform in this area, articulate colonialist and specifically Western understandings of homosexuality and sexual orientation.

Item Type:Article
Additional Information:This paper examines the calls for the international legal recognition and protection of rights for homosexual men and women. To undertake such an examination, the paper utilises theoretical paradigms from within the field of postcolonial studies. Opening with an overview of the theoretical bases and preconceptions of postcolonial analysis, the paper then examines the extant bases for the protection of the rights of homosexuals at international law. It then goes on to examine Dutch-American scholar Eric Heinze's calls for atreaty-based instrument to codify and enforce principles of non-discrimination on the basis of sexual orientation in international law. The paper argues that while homosexual rights are indeed worthy of protection at international law, the current means by which they are protected, and the current proposals for international legal reform in this area, articulate colonialist and specifically Western understandings of homosexuality and sexual orientation.
Keywords:homosexuality, human rights, third world, postcolonialism, queer
Subjects:L Social studies > L200 Politics
M Law > M130 Public International Law
Divisions:College of Social Science > School of Social & Political Sciences
ID Code:5947
Deposited By: Simon Obendorf
Deposited On:05 Jul 2012 21:08
Last Modified:06 Jul 2012 08:15

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