Current and Future Developments in Law

Volume: 2

Conceptual Approach and Proposals for the Assertion of Lesbian, Gay, Bisexual and Transgender Community Rights

Author(s): Cristina Monereo Atienza

Pp: 175-194 (20)

DOI: 10.2174/9781681085937117020012

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The interest in equality and rights of the lesbians, gays, bisexuals and transsexuals group (referred to as LGBT herein) has aroused intense debate concerning the individual and social status of people belonging to this vulnerable group, which has furthermore taken on board a set of complex concepts that are also examined and discussed by other groups, such as the feminist community. The heterogeneity of the members of this group and the organization of the social system makes it difficult to define the implicated concepts, which implies an obstacle for achieving equality. Therefore, it is essential to clarify the concept map regarding sexual orientation and gender identity: firstly, to come to an understanding of who the members of this group are; secondly, to understand what their differences are and indicate whether they are relevant in order to make any distinction in terms of equality; and, thirdly, to identify new strategies for equality and the recognition of rights. All this is condensed into the possibility of discussing a unique subject with equal rights that respects the individual differences of everyone else. This equal subject would be based on the concept of human dignity, which in turn falls back on the fundamental values of freedom, equality and solidarity, established under law. Moreover, this struggle for equality requires complex measures that go beyond the customary assertion of equality and nondiscrimination. As for the concerns for women, a profound social transformation is required to break with the traditional mind-sets defining the sexes and the patriarchal system. At this point, international as well as regional legislation, despite positive advances, is still sparse and inadequate, in addition to being focused on mere formal equality and non-discrimination, which does not actually promote any profound change in society.

Keywords: Bisexuals, Dignity, Equal subject of rights, Gays, Gender identity, Lesbians, Sexual orientation, Transsexuals, Vulnerable group.

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