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]
[1] O’Malley, Jeffrey et al. (2018): “Sexual and gender minorities and the Sustainable Development Goals”, UNDP.
See: https://www.undp.org/content/undp/en/home/librarypage/hiv-aids/sexual-and-gender-minorities.html
[2] Flores, Andrew and Park, Andrew (2018): “Polarized Progress: Social Acceptance of LGBT People in 141 Countries, 1981 to 2014”, the Williams Institute, UCLA School of Law.
See: https://williamsinstitute.law.ucla.edu/uncategorized/lgbt-acceptance-around-the-world/
[3] United Nations for LGBT Equality: “Fact Sheet. LGBT Rights: Frequently Asked Questions.”
[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.”
