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LGBT rights in national constitutions

From EverybodyWiki Bios & Wiki

Laws that protect lesbian, gay, bisexual and transgender people differ from country to country. Most national constitutions do not mention explicitly. Most national constitutions do not mention explicitly and none of the 193 UN states. Constitutional bans on same-sex marriage have been permitted in thirteen countries. In other countries, case law studies have shown tendency towards supporting same-sex marriage. The term gender equality as such may be extended further and responds to many other spheres of life including the prevention of discrimination at work or in housing beyond the boundaries of sex and gender.

Countries

In the world, there are five states Britain, Bolivia, Ecuador Fiji and Malta in which equal rights regarding gender identity and sexual orientation are ensured by the national constitutions. Three of them belong to the Global South. As an example Case No. 111-97-TC overturned Article 516 of the Penal Code in 1997 and is considered as the precursor towards recognition of LGBT right in Ecuador. Mexico, New Zealand, Portugal, South Africa and Sweden protect people's rights based on sexual orientation but do not extend them to gender identity of which two countries belong to the Global South.

Mexico

LGBT rights in Mexico expanded over years and have been adapted to "worldwide" developments. It was the second Latin American country to protect people belonging to the LGBT society by law enforcement. Article 4 of the Federal Law to Prevent and Eliminate Discrimination defines discrimination as:

"Every distinction, exclusion or restriction based on ethnic or national origin, sex, age, disability, social or economic status, health, pregnancy, language, religion, opinion, sexual preferences, civil status or any other, that impedes recognition or enjoyment or fights and real equality in terms of opportunities for people."

Article 9 continues with defining "discriminatory behaviour" as:

"Impeding access to public or private education; prohibiting free choice of employment, restricting access, permanency or promotion in employment; denying or restricting information on reproductive rights; denying medical services; impeding participation in civil, political or any other kind of organizations; impeding the exercise of property rights; offending, ridiculing or promoting violence through messages and images displayed in communications media; impeding access to social security and its benefits; impeding access to any public service or private institution providing services to the public; limiting freedom of movement; exploiting or treating in an abusive or degrading way; restricting participation in sports, recreation or cultural activities; incitement to hatred, violence, rejection, ridicule, defamation, slander, persecution or exclusion; promoting or indulging in physical or psychological abuse based on physical appearance or dress, talk, mannerisms or for openly acknowledging one's sexual preferences."

References[edit]

[1] [2] [3] [4]


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  1. "LGBT rights in Mexico". 2018-10-08.
  2. "Only five countries give LGBT people equal constitutional rights". Reuters. 2016-06-29.
  3. "LGBT rights in South Africa". 2018-10-15.
  4. "LGBT rights and protections are scarce in constitutions around the world, study finds".