International human
rights standards recognize the right of all citizens to participate in public
life without discrimination, regardless their sexual orientation and gender
identity. In spite of this, lesbian, gay, bisexual, transgender and intersex
(LGBTI) people around the world often face numerous barriers that restrict the
full exercise of their rights, including their political rights.
Discriminatory laws and
practices, violence, lack of information, and social prejudice and stereotypes
often hinder LGBTI persons from participating in elections and democracy. In a
wider context, UNDP’s 2018 report “Sexual
and Gender Minorities and the Sustainable Development Goals” gives
account of the complex landscape of social and political exclusion of sexual
and gender minorities, analyzing existing obstacles to their political
participation, including “familial and social disapproval, threats of violence,
challenges in finding and maintaining employment, poor access to health
services, bullying and other ostracization in schools […], challenges finding
secure and private housing and challenges in establishing and building
relationships and a network of supportive friends.”[1]
The Williams Institute’s
Global Acceptance Index, a ranking of the social acceptance of LGBT people and
rights in 141 countries, shows that “average levels of acceptance for LGBT
people and rights have increased globally since 1980, though acceptance has
become more polarized, increasing in the most accepting countries and
decreasing in the least.” According to this index, for the period 2009 to 2013,
the countries with the highest acceptance were Iceland, the Netherlands,
Sweden, Denmark and Andorra, whereas the countries with the lowest acceptance
included Azerbaijan, Georgia, Saudi Arabia, Bangladesh and Egypt. [2]
Criminalization of
same-sex consensual relationships is a major obstacle for LGBTI persons. At
least 75 countries have laws that criminalize private and consensual same-sex
relationships, and at least in five countries conviction may lead to death
penalty. Furthermore, criminalization tends to feed homophobic and transphobic
violence and discrimination.[3]
In hostile environments, human rights of LGBTI persons are often jeopardized
and they can hardly take part in the electoral process.
LGBTI rights groups and
other civil society organizations have played a major role in promoting human
rights for this community, including participation rights. Other relevant
stakeholders, such as EMBs, political parties, parliaments, international
electoral assistance providers and election observers, have also contributed to
these efforts, with actions leading to an increased inclusion of this social
group in democratic life and elections.
Lack of data makes it
difficult to understand to what extent the LGBTI community is represented in
national parliaments. The LGBTQ (lesbian, gay, bisexual, transgender and queer
or questioning) Representation & Rights Research Initiative at the
University of North Carolina at Chapel Hill has been collecting relevant data
that brings some light to this issue. The program conducts research on the
links between representation and political rights of LGBTQ people, gathering
data on political representation of LGBTQ officials serving in government and
collecting domestic legislation that relates to the rights of this community.[4]
This initiative’s database makes possible to track the political participation
of LGBTI persons over time, with statistics on elected members of parliament
(MPs) and the existence of related laws across the globe. Among analyzed
countries, the program’s research could identify in 2013 a total of “95 MPs
holding office in 20 countries (73 gay men, 17 lesbians, four bisexual and one
transgender MPs). The largest number was 24 in the British House of Commons”.[5]
Transgender people
usually face specific barriers when exercising their right to vote in practice.
Voter registration and identification seem to be two particular areas of
concern for this group, because their actual gender identity does not always
match the one in their official identity documents. In some countries, EMBs
have adopted special procedures to promote their participation, paying
particular attention to the voter registration process and their identification
during Election Day.[6]
[5] Reynolds, Andrew (2013):
“Out in Office. LGBT
Legislators and LGBT Rights Around the World.” According to this study,
countries with openly LGBTQ MPs in 2013 included Belgium, Brazil, Canada,
Denmark, Finland, France, Germany, Iceland, Ireland, Israel, Italy, Lithuania,
Mexico, the Netherlands, New Zealand, Norway, Poland, South Africa, Sweden, the
United Kingdom and the United States of America.
[6] Examples of goof
practice on this matter are presented in section 5 of this topic area:
“Promoting gender equality and women’s participation throughout the electoral
cycle.”
