Hutcherson, Kasi
Prof. Chad Hammett
English 1301- Fall 2016 Hutcherson
November 29, 2016
Should the Universal Declaration of Human Rights Include
an Explicit Mention of LGBT Rights?
Scott Jones, a Canadian man, had his throat slashed open and was stabbed in his back in New Glasglow, N.S. His spine was severed from the brutal blows of the knife attack that occurred on October 12, 2013. Surprisingly, he survived his attack and is now in constant rehabilitation relearning all the basic life skills again such as cooking and showering, hoping that someday his nerves may grow back enough to the point he might have a chance at walking with heavy assistance sometime in his life. That is the best Scott can hope for and he is holding tight to that very slim chance. When talking about his new life as a paralyzed man and hate crime survivor, he explains, “It’s weird. It’s kind of like I’m a baby again with a fully conscious mind,” Jones said. “That’s tough at times, but it kind of forces me to be present. It tests my patience, for sure.” After being told there are some nerve fibers found that may have potential to grow, he says, “Things are coming back and doctors are saying that there is a possibility of walking with assistive devices. That means a significant amount of hope.” These are such inspirational words coming from a brave victim who was attacked, simply because he was gay. When speaking of his encounter with his attacker, he claims, “”Our eyes met. It was a very distinct moment, a glare that I recognized from my life as a gay man,” Jones said. “I’m sure a lot of people in the queer community can identify with the look — just of judgment.” (CBC News, 2013) The fact of the matter is that he is correct that many homosexual people universally can identify with that look of hate and judgment all too often and many also identify with being attacked for it. Scott’s case reiterates that this is actually a global issue, and that hate crimes against homosexuals are still prevalent worldwide. Perhaps it is time that we recognize that there should be universal recognition made specifically to protect the rights of the LGBT community worldwide in hopes to bring safety and equality to this group of people spread all over the world that still ironically feel very alone.
The community involving all lesbian, gay, bisexual, and transgendered people have long been misinterpreted and misunderstood. Cultures around the world have given these people many different titles and placed them on multiple levels in their social hierarchy’s throughout history. Some tribes believed that they were magical beings that contained two souls in one body and were held in the highest importance within their group; other societies shamed these people, called them perverts or mentally disturbed; they tortured them, incarcerated them, or even put them to death! America is considered to be one of the most influential and progressive countries, and even here rights are still being constantly fought for and debated about when it comes to homosexual and intersexed people. Up until 1962, it was illegal for any same sexed relations to take place in America, and even then it was only one state that decided to decriminalize it. It took another eleven years in 1973 for any more real progress to be made in which The American Psychiatric Association removed homosexuality from its official list of mental disorders. (InfoPlease, 2014) This was a huge step for the LGBT community because it no longer gave them the title as being “defective” or “sick” which began to revolutionize the concept behind homosexuality. Very slow progression continued from one small consideration of one state to the next over many years. Fast forward to 2014, there is still much resistance and debate over allowing gay couples the same marital and legal rights as heterosexual couples. The United States is moving at a snail’s pace when it comes to LGBT equality. Also, hate crimes against the LGBT community are still a very big concern within the country. “20 percent of all the hate crimes in the U.S. in 2012 were from a sexual orientation bias.” (FBI, 2013) America is not the only one that is behind in establishing equality, protection, safety, and freedom of rights to their homosexual and transgendered citizens, their oppression and abuse is still an epidemic throughout the world.
“Hate crimes against lesbians, gay men, bisexuals and transgender people are raising around the world,” claimed the United Nations human rights chief in May of 2011, urging governments to do much more to eliminate discrimination and prejudice based on sexual orientation or gender identity.” Ms. Pillay, the High Commissioner recognized that, “Although homosexuality and transgenderism have been present in all societies throughout human history, statistics indicated that homophobic-based hate crimes were on the rise in many parts of the world. From New York to Brazil and Honduras to South Africa, Homosexuality also remains a criminal offence in more than 70 countries.” (UN News, 2011) She goes on to explain, “History shows us the terrible human price of discrimination and prejudice. No one is entitled to treat a group of people as less valuable, less deserving or less worthy of respect. Each and every one of us is entitled to the same rights, to the same respect and ethical treatment, regardless of our sexual orientation or gender identity.” (UN News, 2011) It’s just a matter of conditioning the world to these same views.
How then, does one even attempt to begin to try to take on an issue such as lesbian, gay, bisexual, and transgendered rights that encompass the entire world? First, it is important to look to the Universal Declaration of Human Rights and try to understand what all human being rights consists of. All human beings, no matter their location, family, ethnicity, sexuality, or culture are born with certain God given rights that are endowed to them just from merely being human. It is what they need to be able to exist and thrive as a species. “These are called “human rights” rather than a privilege (which can be taken away at someone’s whim). They are “rights” because they are things they are allowed to be, to do, or to have. These rights are there for people’s protection against others who might want to harm or hurt them. They are also there to help people get along with each other and live in peace.” (United Human Rights, 2014) However, although these are not privileges, in the presence of corrupt influence and power, they are all too often ripped from people’s grasps unwillingly which robs them of their quality of life or their life altogether. “When human rights are not well known by people, abuses such as discrimination, intolerance, injustice, oppression, and slavery can arise.” (United Human Rights, 2014)
A bold injustice and abuse of power came in World War II which ended with a disturbing amount of casualties totaling out to over ninety million dead and half of the Jewish population being completely wiped out. This initiated the drafting of the Universal Declaration of Human Rights. To avoid future travesty of human impediment, the 30 universal rights were acknowledged and many signed on to follow in this belief around the world. These consisted of principles such as human beings having the right to live free, to be equal, to have the right to asylum and sanctuary, and the freedom to marriage and a family. “The UDHR was adopted into the UN general assembly on December 10, 1948” (United Human Rights, 2014) and from there the world order was expected to follow these very basic human principles.
However, if the Universal Declaration of Human Rights was created in 1948, why was it still illegal for two consenting adults to engage in same sex relations in the United States at this time? Were same sex actions actually hurting other people so much so it was illegal? No. In fact, there was no definite reason why it would be illegal at all, yet homosexuals were not allowed to act in their normal state or express themselves freely without it being considered criminal although the UDHR was in place. The homosexual and transgendered community was not directly addressed and the result was a continuing form of social enslavement and oppression. Somehow, freedom of sexuality was being overlooked as a part of living free or being equal. Even though different genders as well as different sexual preferences were prevalent no matter their location throughout the world, their rights not being included specifically in the UDHR left them to slip through the cracks. This perhaps set the gay community back or at least held them at a standstill in hopes of living as many other human beings amongst them did, free and safe. So this begs the question, should the Universal Declaration of Human Rights explicitly include the rights and protection of rights of the LGBT worldwide? The answer is a resounding yes. It is the first step forward in a large evolution of new understandings and undertakings toward different sexed individuals other than heterosexuals. It will bring to light in multiple other countries that a large group of diverse people are still being oppressed and it is time to free them as well from civil constraints. “Noting that over 70 countries still consider homosexuality a crime, Secretary General Ban Ki-moon appealed for complete and universal decriminalization, stressing that human rights must always trump cultural attitudes and societal structures.” (UN News, 2010) Although many cultures and countries consider homosexuality to be many different things, there is still no excuse for unfair treatment. “Personal disapproval, even society’s disapproval, is no excuse to arrest, detain, imprison, harass or torture anyone – ever. Together, we seek the repeal of laws that criminalize homosexuality, that permit discrimination on the basis of sexual orientation or gender identity, and that encourage violence,” he said. “When individuals are attacked, abused or imprisoned because of their sexual orientation, we must speak out. We cannot stand by. We cannot be silent.” (UN News, 2010)
It is time that the world acknowledges the fundamentals of what the basic human rights are and honors it no matter their personal preference, religious views, or bias. All should live in a safe environment, free of prejudice, with a right to marry and raise a family of their choosing, no matter their sexual preference. Segregation of a certain type of people should be considered an ancient and uneducated practice. There should not have to be a fight amongst each other to give people who cause no harm to others their right to love who they want too. It is time the Universal Declaration of Human Rights add a specific list of rights that include the protection and freedom of the LGBT community worldwide. “It is not called the partial declaration of human rights. It is not the sometimes declaration of human rights. It is the universal Declaration, guaranteeing all human beings their basic human rights – without exception.” (UN News, 2010)
References
CBC News (2013, Dec 11.) Scott Jones says he was attacked for being gay. CBC News-Nova Scotia. Retrieved Nov 16, 2016 from http://www.cbc.ca/news/canada/nova-scotia/scott-jones-says-he-was-attacked-for-being-gay-1.2459289
Federal Bureau of Investigations (2016, Nov 25.) Latest Hate Crime Statistics: Annual Report Shows Slight Decrease. Retrieved May 18, 2014 from http://www.fbi.gov/news/stories/2013/november/annual-hate-crime-statistics-show-slight-decease/annual-hate-crime-statistics-show-slight-decrease
InfoPlease Database (2013) The American Gay Rights Movement: A Timeline. Pearson Education. Retrieved Nov 17, 2016 from http://www.infoplease.com/ipa/A0761909.html
United for Human Rights (2014) What are Human Rights? Human Rights Defined. Youth for Human Rights.org. Retrieved Nov 28, 2016 from http://www.youthforhumanrights.org/what-are-human-rights.html
UN News Centre (2011, May 17.) Homophobic hate crimes on the rise, UN human rights chief warns. United Nations News Centre. Retrieved on Nov 15, 2016 from http://www.un.org/apps/news/story.asp?NewsID=38406&Cr=Pillay&Cr1#.U3d81sJOXIU
UN News Centre (2010, Dec 10.) Universal decriminalization of homosexuality a human rights imperative – Ban. United Nations News Centre. Retrieved on Nov 15, 2016 from http://www.un.org/apps/news/story.asp?NewsID=37026#.U3dc-8JOXIV