An Alternative Path Forward: Pivoting LGBTI Rights to Corporate Korea

An Alternative Path Forward: Pivoting LGBTI Rights to Corporate Korea

By guest contributor Haley Son*   On 14 June 2021, for the first time in over a decade, South Korea’s lawmakers agreed to hear proposed national laws geared toward protecting the fundamental human rights of LGBTI people. While these bills have garnered international support, prospects for passage of an anti-discrimination bill are dim due to intense lobbying by conservative factions and faith groups. Given the challenges of LGBTI equality under South Korea’s legal framework, an alternative avenue would be for corporate Korea to implement LGBTI rights based on global standards in the meantime.  South Korea, the world’s 10th largest economy, still has no laws preventing discrimination on the basis of sexual orientation, making it a rarity among Organisation for Economic Co-operation and Development (OECD) countries in that regard. The South Korean Constitution, like the Universal Declaration of Human Rights (the “UDHR”), sets forth global human rights standards, such as establishing legal equality between the sexes, and prohibiting political, economic, and social discrimination on...
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The Ongoing Battle of the Queer Community Against LGBTQ-Free Zones in Poland

The Ongoing Battle of the Queer Community Against LGBTQ-Free Zones in Poland

By guest contributor: Apurva Ambasth*   Discrimination and vilification of members of the LGBTQ+ community are not untoward or unheard of, rather it is, in fact, one of the most commonplace occurrences around the globe. The rights of the LGTBQ+ Community are in danger due to increasingly violent rhetoric in Poland. One-third of the country, around 100 municipalities have declared themselves “LGBTQ+ free zones.” This article discusses the situation of the LGBTQ+ community in Poland and provides an insight into the deteriorating relationship between Poland and the European Union due to its discriminatory policies. Political Homophobia in Poland The right-wing Law and Justice party (PiS), won the parliamentary election in October 2019 for a second term. One of the major themes of the election campaign of the party revolved around the opposition of civil partnerships, same-sex marriage, and adoption rights for same-sex couples. The party finds its ally in the Roman Catholic Church for promoting “traditional family values” and establishing Polish national values. A poignant...
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Hungarian Curtailment of LGBTQ Rights: A Critical Analysis

Hungarian Curtailment of LGBTQ Rights: A Critical Analysis

By guest contributor, Akshita Tiwary* Recently, Hungary has been in the news for adopting a slew of legislation in the past year that severely curbs the rights of the LGBTQ community. The Prime Minister of the country, Mr. Viktor Orban, and his right-wing political party ‘Fidesz’ have been accused of eroding democracy on several fronts, including attacking LGBTQ rights. This article aims to discuss three of these legislations and highlight how these laws contradict Hungary’s own Constitution and violate international human rights legal standards. Further, it also sheds light on certain legal precedents and measures that can be helpful in tackling this issue. THE CONTROVERSIAL LAWS On June 15, 2021, the National Assembly of Hungary passed Bill Number T/16365. This law prohibits children under 18 years of age from being exposed to any content (educational or otherwise) that promotes an understanding of sexual and gender diversity. This bill forms part of a broader law that seeks to restrict pedophilia and sexual crimes against...
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Understanding the LGBT Rights Movement in Indonesia

Understanding the LGBT Rights Movement in Indonesia

By guest contributors Harsh Mahaseth* and Ishita Goel*   Although homosexuality is legal in most parts of Indonesia, it is widely believed that the unitary state of the Republic of Indonesia is anti-lesbian, gay, bisexual, and transgender (LGBT), with government officials making the four-letter acronym a toxic symbol. In November, Indonesian police arrested Millen Cyrus, a trans-woman Instagram influencer, for alleged drug possession. Police placed her in a male detention cell at the Tanjung Priok Port Police Station, a move that received criticism from Indonesians and the international community. Millen Cyrus was arrested on November 22, 2020, after police raided her hotel room and discovered 0.36 grams of crystal methamphetamine in her possession. Police revealed later that Cyrus had been placed in a male detention cell because her I.D card identified her as a male. She was moved to a special cell following public outrage, not because police realised their mistake. They removed her from the male detention cell in order to “stifle anger,”...
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A Glimpse of Hope from the U.S. Supreme Court: Bostock v. Clayton County

A Glimpse of Hope from the U.S. Supreme Court: Bostock v. Clayton County

Guest Contributor Rosa Celorio is an Associate Dean for International and Comparative Legal Studies and Burnett Family Professorial Lecturer in International and Comparative Law and Policy, [email protected], https://www.law.gwu.edu/rosa-celorio. (Full Bio at end of  article). On June 15, 2020, the United States Supreme Court released its historic decision in the case of Bostock v. Clayton County, ruling that employers are prohibited from discriminating against any individual on the basis of their sexual orientation or gender identity in the employment setting. The case relates to three employees who claimed they were fired after revealing they were homosexual and transgender. The Court firmly ruled that Title VII of the Civil Rights Act of 1964 and its prohibition of sex discrimination applies to gay and transgender persons.  This decision is momentous and noteworthy for the respect and guarantee of human rights in the United States for several reasons.  First, it continues the trend of the Supreme Court in protecting the rights of persons historically discriminated against...
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