Challenges of normalizing and implementing gay rights as part of the international human rights:case study of Kenya

Abstract

Two fundamental human rights are the prohibition against discrimination and the guarantee of equal and effective protection against discrimination on any ground to all people. However, these principles have not been applied equally to those who face discrimination based on their sexual identity. There is still a prescribed death penalty in eight countries for homosexual behaviour. In addition, homosexuality is criminalized in approximately 80 countries. In Uganda, there is an on-going debate about a proposed “anti-homosexuality bill,” which would inflict the death penalty on repeat offenders. In Moscow, Russia, gay pride, which entails an openly admitting being a homosexual and demonstrating a sense of dignity in their sexual orientation, has been banned for the next 100 years. The international community recognises human rights as “the foundation of freedom, justice and peace in the world.” Key human rights developments have taken place at the international level, but international human rights law cannot be observed separately from the national human rights laws of those countries that have ratified international treaties. Sovereign states are the central actors, and they assume the daily obligations to protect and respect rights. Therefore, this thesis looks at the role of the state in normalizing and implementing gay rights. It also looks at the characteristics of gays that have kept them out of the human rights work