Despite seeing the number of countries legally protect queer people increase in leaps and bounds from the 90s, there has been a concerning increase in anti-queer legislation proliferating my newsfeeds. What is causing this and how can international organisations help?

The protection that you get from your state to live freely is dependent on that state recognising that you have immutable rights. When states do not recognise the human rights of minorities, they withdraw the protection of the state and either allow violence to be unchallenged or endorse violence on the unprotected. The rights and protections for queer people to live freely can only be given by the state (Picq and Thiel, 2015, pp.15–21).

America has a problem! Since 2018, 1014 anti-queer laws were passed in America with over half just in 2023 alone (Choi, 2024). Republican legislatures are accelerating their attack on hard fought for rights. We have seen a turn to the populist right for the republican party as it is increasingly influenced by the views and funded by conservative Christian groups (Burge, 2021). Opposition to abortion, trans rights and homosexuality have become common Republican talking points. In these areas, the republicans have been successful in undermining queer rights and access to healthcare by overturning Roe v. Wade, stripping the right to abortion from millions of women (Franks, 2023) (Levinson-King, 2023), restricting medical access for trans people across multiple states (Funakoshi and Raychaudhuri, 2023), and ‘don’t say gay’ bills.

The same conservative Christian groups that have influenced American politics so effectively are extending their reach. Between 2008 and 2017, over USD $1 billion has been spent on the overseas activities of groups actively influencing governments across the globe to pass anti-queer legislation. Links have been made between the World Congress of Families (one of the largest conservative Christian groups), Hungary’s ‘2021 don’t say gay bill’ and Russia’s 2013 ‘anti-gay propaganda’ law (Shaw, 2023). This, of course, is not the only reason for anti-queer sentiments across the globe but is worryingly indicative of a growing problem.

Where does the UN stand?

The United Nation’s member states are polarised on the issue of integrating gender and sexual minorities into existing international human rights law. To this day, there is no legally binding international treaty that prevents states from persecuting queer people (Picq and Thiel, 2015, pp.15–21). Efforts within the UN to progress the rights of queer people have faced resistance from the General Assembly (where all member states vote for a declaration). The UN consists of 193 member states of which it is illegal to be LGBTQ+ in 64 of them (BBC, 2023). While having to contend with the different positions on all debates, the UN has been weak in supporting LGBTQ+ rights. LGBTQ+ rights do not appear in the UN’s 17 Sustainable Development Goals (SDGs) (United Nations, 2023b), nor anywhere on the UN website’s home page (United Nations, 2023a).

It is unlikely that the UN can further the protections of queer people. A sad reality of the international system is that it has less influence than we might think. However, we are seeing  some slightly more positive movements emerging from within the UN. As individual countries grant greater protections to queer people, support is growing. The UN can only act if a majority of its member countries agree with it. Greater effort should be shown by all countries that protects queer rights and individuals who have influence, to call out violations and backsliding. A great example of this is UN Secretary-General António Guterres’ statement on International Day against Homophobia, Biphobia and Transphobia in support of the LGBTQI+ rights:

“The United Nations firmly stands with the LGBTQI+ community, and will continue working until human rights and dignity are a reality for all people.” (press.un.org, 2023)

 

This article was written by Tyler-Jack Boyce for The Diversity Trust whilst completing a student placement with us.

 

Reference list

BBC (2023). Homosexuality: The countries where it is illegal to be gay. BBC News. [online] 31 Mar. Available at: https://www.bbc.co.uk/news/world-43822234.

Burge, R. (2021). Opinion | Why ‘Evangelical’ Is Becoming Another Word for ‘Republican’. The New York Times. [online] 26 Oct. Available at: https://www.nytimes.com/2021/10/26/opinion/evangelical-republican.html.

Choi, A. (2024). Record number of anti-LGBTQ bills were introduced in 2023 | CNN Politics. CNN. [online] 22 Jan. Available at: https://edition.cnn.com/politics/anti-lgbtq-plus-state-bill-rights-dg/index.html.

Conger, K.H. (2010). A Matter of Context: Christian Right Influence in U.S. State Republican Politics. State Politics & Policy Quarterly, 10(3), pp.248–269. doi:https://doi.org/10.1177/153244001001000303.

Franks, J. (2023). As Roe v Wade marks 50 years, what’s changed since the landmark abortion decision was overturned? [online] Sky News. Available at: https://news.sky.com/story/as-roe-v-wade-marks-50-years-whats-changed-since-the-landmark-abortion-decision-was-overturned-12791122.

Funakoshi, M. and Raychaudhuri, D. (2023). The rise of anti-trans bills in the U.S. Reuters. [online] 19 Aug. Available at: https://www.reuters.com/graphics/USA-HEALTHCARE/TRANS-BILLS/zgvorreyapd/.

Levinson-King, R. (2023). Four ways the end of Roe v Wade has changed America. BBC News. [online] 24 Jun. Available at: https://www.bbc.co.uk/news/world-us-canada-65956103.

Picq, M.L. and Thiel, M. (2015). Sexualities in World Politics. London: Routledge, pp.15–21.

press.un.org. (2023). End Criminalization of Consensual Same-Sex Relations, Transgender People, Says Secretary-General in Message for World Day against Homophobia | Meetings Coverage and Press Releases. [online] Available at: https://press.un.org/en/2023/sgsm21792.doc.htm.

Shaw, A. (2023). The global assault on LGBTQ rights undermines democracy. [online] www.chathamhouse.org. Available at: https://www.chathamhouse.org/publications/the-world-today/2023-06/global-assault-lgbtq-rights-undermines-democracy.

Smith, D. (2012). US evangelical Christians accused of promoting homophobia in Africa. [online] the Guardian. Available at: https://www.theguardian.com/world/2012/jul/24/evangelical-christians-homophobia-africa.

United Nations (2023a). United Nations. [online] Un.org. Available at: https://www.un.org/en/.

United Nations (2023b). United nations sustainable development. [online] United Nations. Available at: https://www.un.org/sustainabledevelopment/.