Transnational Advocacy Networks and Human Rights Law: Emergence and Framing of Gender Identity and Sexual Orientation

Description

This book asks the fundamental question of how new human rights issues emerge in the human rights debate. To answer this, the book focuses on nongovernmental organizations (NGOs) and on the case study of LGBTI (lesbian, gay, bisexual, transgender and intersex) rights. The work argues that the way in which NGOs decide their advocacy, conceptualise human rights violations and strategically present legal analysis to advance LGBTI human rights shapes the human rights debate. To demonstrate this, the book analyses three data sets: NGO written statements submitted to the United Nations Human Rights Council, NGO oral statements delivered during the Universal Periodic Review and 36 semi-structured interviews with NGO staff. Data are analysed with a combination of quantitative and qualitative approaches to discover what issues are most important for LGBTI networks (issue emergence) and how these issues are framed (issue framing). Along with NGO efficiency in lobbying for the emergence of new human rights standards, the book inevitably discusses important questions related to NGOs’ accountability and democratic legitimacy. The book thus asks whether the right to marry is important for LGBTI advocates working transnationally, because this right is particularly controversial among activists and LGBTI communities, especially in non-Western contexts. Cover Half Title Title Copyright Contents Detailed Contents List of documents List of figures Acknowledgements List of abbreviations 1 Introduction Introduction: Joslin v New Zealand Context, definitions and caveat Intersex status and a note on the use of acronyms Human rights: between hard- and soft-law Prohibition of discrimination Marriage equality debate: pro, against and neither Marriage rights and the anti-discrimination principle International law protections for LGBTI couples Transnational advocacy networks and gatekeeper NGOs Nongovernmental organizations Sexually and gender diverse people’s movements: a history The roots of homosexual pressure groups A new wave of homophile and gay liberation pressure groups after the Second World War Research questions Central arguments of the book Overview of the book Conclusion 2 Between friends and foes: transnational advocacy networks, issue emergence and issue framing Introduction Transnational advocacy networks Issue emergence and issue framing: a general overview Characteristics for issue emergence and issue framing Reasons for tensions in internetwork relations: specific challenges to the development of LGBTI transnational advocacy Weaknesses of peripheral NGOs at the domestic level Criticism: lack of democratic legitimacy in the NGOs’ networks Transnational advocacy networks are not elected: so what? Gatekeeper NGOs: centrality and social power How do LGBTI gatekeeper NGOs respond to the imbalance of power? LGBTI gatekeeper NGOs work to develop LGBTI TANs horizontally Issue emergence: gatekeeper NGOs advocate for the rights that enhance domestic political opportunities for peripheral NGOs Framing LGBTI issues as human rights claims Broader political context and issue framing: access, alliance and political alignment The prohibition of discrimination principle The slippery slope argument: marriage inequality to mobilise supporters Power relations and marriage equality: the collaborative decision-making process Conclusion 3 LGBTI transnational advocacy networks: internetwork relations and horizontal networking Introduction Internetwork relations Building stronger and more democratic LGBTI networks: horizontal links between peripherals NGOs How LGBTI gatekeeper NGOs build the network in practice Training Funding Legal status Identity An early example of how the LGBTI network works in practice Brazilian resolution Mobilisation effect of the Brazilian resolution After the Brazilian resolution: continuous attempts to bring SOGII issues before the United Nations The Yogyakarta Principles: overcoming obstacles with a global response The Argentinian statement: non-Western states are pressured to take ownership of LGBTI issues LGBTI activism targets the Human Rights Council The first Human Rights Council Resolution on Human Rights, Sexual Orientation and Gender Identity The second Human Rights Council Resolution on Human Rights, Sexual Orientation and Gender Identity The third Human Rights Council resolution and the appointment of a Special Rapporteur Conclusion 4 The broader political context: how states and other NGOs influence LGBTI NGOs’ issue framing Introduction LGBTI organization and access: the Economic and Social Council’s consultative status LGBTI NGOs’ consultative status Political alignment and United Nations member states Resolution on Extrajudicial, Summary or Arbitrary Executions: non-aligned states International organizations’ agencies act as allies of LGBTI transnational advocacy networks Marriage and family arguments used against LGBTI people’s rights Human Rights Council resolutions on traditional values The two Human Rights Council resolutions on the protection of the family Conclusion 5 “With great power comes great responsibility”: the advocacy agenda of LGBTI transnational advocacy networks Introduction NGOs’ written statements How do NGOs frame LGBTI issues in their written statements? The prohibition of discrimination principle in NGOs’ written statements Written statements that focus on LGBTI rights SOGII discrimination discussed in combination with other matters Other issues: visibility, political participation and decriminalisation of sexually and gender diverse behaviours Universal Periodic Review: NGOs’ oral statements The advocacy agenda at the Universal Periodic Review: prohibition of discrimination and domestic political opportunities The ricochet effect between NGOs’ and states’ human rights framings Differences and similarities between the oral and the written comments: human rights in practice Horizontal networking: consultations and needs-based approach Human rights in practice: the interviewees’ opinions Similarities and differences between the NGOs’ written and oral statements, and the interviews Issue framing: prohibition of discrimination and marriage (in)equality The advocacy for the right to marry in the NGOs’ written statements The advocacy for the right to marry at the UPR Interviewees’ opinions on the right to marry Marriage equality has a low priority in the transnational LGBTI advocacy agenda Marriage, couple recognition and family rights as national concerns: the flexibility of the advocacy for the right to marry “In general, we don’t advocate for marriage equality, although we support it”: interviewees’ opinions on marriage Strategy Conclusion 6 Conclusion Introduction Summary Differences with other studies Recommendations for LGBTI activists and human rights practitioners Limitations of the study and recommendations for future research Conclusion Appendices Appendix 1 Methodology Theories: interactive approach to study collective actions The focus on nongovernmental organizations: advantages and limitations Triangulation United Nations: why the focus on the Human Rights Council? Interviews Interview questions Description of the interviewees Online materials LGBTI gatekeeper NGOs Appendix 2 NGOs’ written statements submitted to the Human Rights Council Appendix 3 Interviewees Appendix 4 United Nations vote results Index