Women's Rights in Kosovo: Cultural and Religious Barriers

Total Page:16

File Type:pdf, Size:1020Kb

Women's Rights in Kosovo: Cultural and Religious Barriers Women’s Rights in Kosovo: Cultural and Religious Barriers by Ideal Hoxha SOA 3902 A Dissertation submitted in the partial fulfillment for the degree: Masters in Human Rights Policy and Practice School of Global Studies, University of Gothenburg School of Business and Social Sciences, Roehampton University Department of Archaeology and Social Anthropology, University of Tromsø Spring 2015 Declaration form The work I have submitted is my own effort. I certify that all the material in the Dissertation which is not my own work, has been identified and acknowledged. No materials are included for which a degree has been previously conferred upon me. Signed …………… Date …….22.05.2015 2 Abstract Women’s Rights have often been a subject of the debate between universal rights versus cultural relativism. In Kosovo women’s rights have gone through drastic changes. After the NATO intervention in 1999, UN established international bodies to temporary govern the territory of Kosovo. UNMIK’s mission contributed massively in establishing frameworks to support, protect and empower women. In this thesis I am going to analyze this process of imposing universal ideas such as women’s rights in a country that has had a long history of patriarchy. Was UNMIK mission successful in terms of framing these sets of ideas and adopting them to the state legislature? Or did that fail because of cultural and religious barriers? This thesis will focus on three main actors including; the international community, women’s rights activism and religious resistance. 3 Acknowledgments I would take this opportunity in acknowledging people who work in promoting gender equality and women’s rights in Kosovo. Equality it is a very important attribute for the future of Kosovo. Further, I would like to thank the interviewees who managed to take out time from their busy schedules and generously contribute to this research. Most importantly I would like to thank my supervisor Sidsel Saugestad who has showed an outstanding commitment and has been with me in every step of this research. I could have not completed this research work without my friends here in Tromsø and family back in Kosovo. Without their support and constant concern the process of developing this research would not have been as engaging and fruitful as it has been. 4 Table of Content Abstract ...................................................................................................................................... 3 Acknowledgments ...................................................................................................................... 4 CHAPTER 1: Introduction .......................................................................................................... 7 1.1 Historical Background ....................................................................................................... 8 1.2 Purpose of Research ........................................................................................................ 10 1.3 Research Questions and Hypothesis ................................................................................ 12 CHAPTER 2: Theoretical Approach ......................................................................................... 13 CHAPTER 3: Methodology ...................................................................................................... 17 3.1 Choice of Method............................................................................................................ 17 3.2 Initial Interest and Background ........................................................................................ 18 3.3 Interviews ....................................................................................................................... 18 3.4 Ethical Consideration ...................................................................................................... 19 3.5 Limitations ...................................................................................................................... 20 CHAPTER 4: International Community in Kosovo ................................................................... 21 CHAPTER 5: A Passive Government ....................................................................................... 24 5.1 Gender Differences ......................................................................................................... 26 5.2 Political Representation ................................................................................................... 28 5.3 Sexism in the Media ........................................................................................................ 29 CHAPTER 6: Women’s Rights Activism .................................................................................. 31 6.1 Challenging the Stereotypes ............................................................................................ 34 CHAPTER 7: Religion ............................................................................................................. 36 5 7.1 Background on Religion .................................................................................................. 36 7.2 Islam Effecting Women ................................................................................................... 39 7.3 Islamic Education and Ideology....................................................................................... 40 Conclusion ................................................................................................................................ 45 Recommendations..................................................................................................................... 48 Bibliography ............................................................................................................................. 50 6 CHAPTER 1: Introduction One of the core issues in Human Rights today is the question of universality of Human Rights and the significant debate on cultural relativism confronting universal human rights. Donnelly (1984) discusses the tensions between universalism and cultural relativism by touching upon terms such as radical universalism and radical cultural relativism in an attempt to find a balance between the two extremes. He states that moral rules, including human rights function within a moral community and that radical universalist must give priority to the demands of a cosmopolitan moral community over lower communities in order to preserve complete universality of fundamental rights (Donnelly 1984:402). On the other side he argues that radical cultural relativism or “moral nationalism” is something “that may be based on reasons such as inability to agree on the structure of a supranational organization or a fear of creating an instrument of universal tyranny” (Donnelly 1984:402). Women are one of the groups that are often a subject of the debate between universal rights and cultural relativism. The understanding of women’s rights may vary from one culture to another, as the role of women is seen differently in different cultures. But often this fear of creating an instrument of universal tyranny as explained by Donnelly is used as an excuse to violate different women’s rights which are protected by the Universal Declaration of Human Rights and other relevant conventions such as CEDAW in order to keep the status quo of a society dominated by men. Despite the fact that having conventions assuring gender equality and promoting and protecting women’s rights have had a significant impact regarding the progress on gender equality, in a lot of countries they have struggled to be implemented and one of the reasons is the difficulty to translate these universal ideas into local context. Sally Engle Merry (2006: 41) asks the question of how can universal ideas such as violence against women become meaningful in the local context? She talks about the concept of “framing” which was developed by social movement theorists to analyze what makes an idea persuasive and how these frames that are not themselves ideas but more of a way of presenting an idea can motivate collective action. Merry also identifies “the problem human rights activist confront: if they present human rights as compatible with existing ways of thinking, the ideas will not induce change”(Engle Merry 2006). 7 This thesis is focused on the evolution of women’s rights legislation in Kosovo and their struggle to be implemented in practice because of incompatible social norms. In the research, I will analyze the influence of the international community’s presence in Kosovo in establishing legislation regarding women’s rights and the potential reasons why they have struggled to be implemented. To get a fairly understanding of the situation, I will also be focusing on the role of the government in Kosovo, women’s rights activists, and religion. The government of Kosovo has been passive in efforts to implement all women’s rights ensured by law. Women’s rights NGO’s and activists have been highly influenced and encouraged by the international community and foreign funders in taking a universal approach to empowering women. The religious community on the other side has raised its voice against international influence on women’s rights in attempts to preserve existing gender roles and morals, which they consider to be a part of the culture. The reaction between the above-mentioned groups will present an understanding of the current situation in regards to women, drawing upon which I will suggest
Recommended publications
  • Community Rights Assessment Report Fourth Edition
    COMMUNITY RIGHTS ASSESSMENT REPORT FOURTH EDITION NOVEMBER, 2015 Cover photograph: OSCE/Šehida Miftari, March 2015 Organization for Security and Co-operation in Europe MISSION IN KOSOVO Community Rights Assessment Report Fourth Edition November, 2015 TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................................................... 4 INTRODUCTION ...................................................................................................................................... 5 1. INTER-COMMUNITY DIALOGUE ..................................................................................................... 6 Inter-ethnic dialogue and dealing with the past ................................................................................ 6 Education and dialogue ...................................................................................................................... 7 2. SECURITY AND JUSTICE SYSTEM ..................................................................................................... 9 Security trends and responses ............................................................................................................ 9 Rule of Law ....................................................................................................................................... 11 Property rights and reduction of backlog ......................................................................................... 13 Access to Justice ..............................................................................................................................
    [Show full text]
  • KFOS LOCAL and INTERNATIONAL VOLUME II.Pdf
    EDITED BY IOANNIS ARMAKOLAS AGON DEMJAHA LOCAL AND AROLDA ELBASANI STEPHANIE SCHWANDNER- SIEVERS INTERNATIONAL DETERMINANTS OF KOSOVO’S STATEHOOD VOLUME II LOCAL AND INTERNATIONAL DETERMINANTS OF KOSOVO’S STATEHOOD —VOLUME II EDITED BY: IOANNIS ARMAKOLAS AGON DEMJAHA AROLDA ELBASANI STEPHANIE SCHWANDNER-SIEVERS Copyright ©2021 Kosovo Foundation for Open Society. All rights reserved. PUBLISHER: Kosovo Foundation for Open Society Imzot Nikë Prelaj, Vila 13, 10000, Prishtina, Kosovo. Issued in print and electronic formats. “Local and International Determinants of Kosovo’s Statehood: Volume II” EDITORS: Ioannis Armakolas Agon Demjaha Arolda Elbasani Stephanie Schwandner-Sievers PROGRAM COORDINATOR: Lura Limani Designed by Envinion, printed by Envinion, on recycled paper in Prishtina, Kosovo. ISBN 978-9951-503-06-8 CONTENTS ABOUT THE EDITORS 7 ACKNOWLEDGEMENTS 12 INTRODUCTION 13 CULTURE, HERITAGE AND REPRESENTATIONS 31 — Luke Bacigalupo Kosovo and Serbia’s National Museums: A New Approach to History? 33 — Donjetë Murati and Stephanie Schwandner- Sievers An Exercise in Legitimacy: Kosovo’s Participation at 1 the Venice Biennale 71 — Juan Manuel Montoro Imaginaries and Media Consumptions of Otherness in Kosovo: Memories of the Spanish Civil War, Latin American Telenovelas and Spanish Football 109 — Julianne Funk Lived Religious Perspectives from Kosovo’s Orthodox Monasteries: A Needs Approach for Inclusive Dialogue 145 LOCAL INTERPRETATIONS OF INTERNATIONAL RULES 183 — Meris Musanovic The Specialist Chambers in Kosovo: A Hybrid Court between
    [Show full text]
  • Sexual Harassment in Kosovo
    Sexual Harassment in Kosovo By Ariana Qosaj-Mustafa, Adelina Berisha, Nicole Farnsworth, and Iliriana Banjska Kosovo Women’s Network Pristhina, Kosovo 2016 © Kosovo Women’s Network, 2016 Authors: Ariana Qosaj-Mustafa, Adelina Berisha, Nicole Farnsworth, and Iliriana Banjska ISBN 978-9951-8923-1-5 Printed by Night Design in Prishtina, Kosovo, using ecofriendly printing. This research was funded by the Austrian Development Agency (ADA) with the funds of Austrian Development Cooperation. The views presented do not necessarily correspond with the views of the Austrian Development Agency. www.womensnetwork.org Contents Acronyms............................................................................................................................................ 2 Acknowledgements............................................................................................................................ 3 Executive Summary ............................................................................................................................ 4 The Legal Framework .................................................................................................................... 4 Perceptions..................................................................................................................................... 4 Extent.............................................................................................................................................. 4 Institutional Response...................................................................................................................
    [Show full text]
  • Islam and Democracy
    ISLAM AND DEMOCRACY number 85/86 • volume 22, 2017 EDITED BY ANJA ZALTA MUHAMED ALI POLIGRAFI Editor-in-Chief: Helena Motoh (ZRS Koper) Editorial Board: Lenart Škof (ZRS Koper), Igor Škamperle (Univ. of Ljubljana), Mojca Terčelj (Univ. of Primorska), Miha Pintarič (Univ. of Ljubljana), Rok Svetlič (ZRS Koper), Anja Zalta (Univ. of Ljubljana) Editorial Office: Science and Research Centre Koper, Institute for Philosophical Studies, Garibaldijeva 1, SI-6000 Koper, Slovenia Phone: +386 5 6637 700, Fax: + 386 5 6637 710, E-mail: [email protected] http://www.zrs-kp.si/revije number 85/86, volume 22 (2017) ISLAM AND DEMOCRACY Edited by Anja Zalta and Muhamed Ali International Editorial Board: Th. Luckmann (Universität Konstanz), D. Kleinberg-Levin (Northwestern University), R. A. Mall (Universität München), M. Ježić (Filozofski fakultet, Zagreb), D. Louw (University of the Free State, Bloemfontain), M. Volf (Yale University), K. Wiredu (University of South Florida), D. Thomas (University of Birmingham), M. Kerševan (Filozofska fakulteta, Ljubljana), F. Leoncini (Università degli Studi di Venezia), P. Zovatto (Università di Trieste), T. Garfitt (Oxford University), M. Zink (Collège de France), L. Olivé (Universidad Nacional Autónoma de México), A. Louth (Durham University), P. Imbert (University of Ottawa), Ö. Turan (Middle-East Technical University, Ankara), E. Krotz (Universidad Autónoma de Yucatán / Universidad Autónoma de Metropolitana-Iztapalapa), S. Touissant (École Normale Supérieure), B. Mezzadri (Université d’Avignon), A. Bárabas
    [Show full text]
  • Coordinating for Gender Equality Results
    COORDINATING FOR GENDER EQUALITY RESULTS RESULTS GENDER EQUALITY FOR COORDINATING COORDINATING FOR GENDER EQUALITY RESULTS Regional evaluation of UN Women’s contribution to UN system coordination on gender equality and the empowerment of women in Europe and Central Asia ACKNOWLEDGEMENTS The evaluation team wishes to thank the many individuals UN Women ECA RO Regional Director, Alia El-Yassir, and organizations who supported the evaluation process UN Women ECA RO Deputy Director and Fumie Nakamura, by making themselves available for interviews and surveys UN Women ECA RO Coordination and Planning Specialist. and by providing helpful feedback on draft deliverables. Special thanks to the UN Women Europe and Central We thank the country representatives and staff of the Asia Regional Office (ECA RO) and to UN Women country four offices visited for all the dedicated time they invested offices, government and non-government partners in the in supporting the evaluation process and in facilitating four case study countries (Albania, Kyrgyzstan, Kosovo, the engagement and inclusion of a wide range of part- and Turkey) and the three countries interviewed virtually ners, stakeholders and beneficiaries of their work, in (Bosnia-Herzegovina, Georgia, and Serbia) for this evalua- particular Albania Country Office (David Saunders, tion. Their cooperation was essential in understanding the Country Office Representative), Kyrgyzstan Country Office nature of UN Women’s coordination mandate at regional (Gerald Gunther, Country Office Representative), Kosovo and national levels. We are also grateful to all 14 ECA Programme Office (Flora Macula, Head of Programme countries whose documentation was provided for review. Office), Turkey Programme Office (Zeliha Unaldi, Gender Finally, we could not have done this without the support Specialist Office of the UN Resident) Coordinator).
    [Show full text]
  • Yearbook of Muslims in Europe, Volume 7 the Titles Published in This Series Are Listed at Brill.Com/Yme Yearbook of Muslims in Europe Volume 7
    Yearbook of Muslims in Europe, Volume 7 The titles published in this series are listed at brill.com/yme Yearbook of Muslims in Europe Volume 7 Editor-in-Chief Oliver Scharbrodt Editors Samim Akgönül Ahmet Alibašić Jørgen S. Nielsen Egdūnas Račius LEIDEN | BOSTON issn 1877-1432 isbn 978-90-04-29889-7 (hardback) isbn 978-90-04-30890-9 (e-book) Copyright 2016 by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Brill Hes & De Graaf, Brill Nijhoff, Brill Rodopi and Hotei Publishing. All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill NV provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, MA 01923, USA. Fees are subject to change. This book is printed on acid-free paper. Contents Preface ix The Editors xv Editorial Advisers xvii List of Technical Terms xviii Islams in Europe: Satellites or a Universe Apart? 1 Jonathan Laurence Country Surveys Albania 13 Olsi Jazexhi Armenia 33 Sevak Karamyan Austria 41 Kerem Öktem Azerbaijan 62 Altay Goyushov Belarus 79 Daša Słabčanka Belgium 87 Jean-François Husson Bosnia and Herzegovina 114 Aid Smajić and Muhamed Fazlović Bulgaria 130 Aziz Nazmi Shakir Croatia 145 Dino Mujadžević
    [Show full text]
  • Role of Religion in the Western Balkansâ•Ž Societies
    Occasional Papers on Religion in Eastern Europe Volume 39 Issue 5 Article 2 8-2019 Role of Religion in the Western Balkans’ Societies - Full Text Follow this and additional works at: https://digitalcommons.georgefox.edu/ree Part of the Eastern European Studies Commons, and the Religion Commons Recommended Citation (2019) "Role of Religion in the Western Balkans’ Societies - Full Text," Occasional Papers on Religion in Eastern Europe: Vol. 39 : Iss. 5 , Article 2. Available at: https://digitalcommons.georgefox.edu/ree/vol39/iss5/2 This Article, Exploration, or Report is brought to you for free and open access by Digital Commons @ George Fox University. It has been accepted for inclusion in Occasional Papers on Religion in Eastern Europe by an authorized editor of Digital Commons @ George Fox University. For more information, please contact [email protected]. Role of Religion in the Western Balkans’ Societies Conference Volume Country snapshots, elite survey reports and papers delivered to the conference Tirana, June 2019 Disclaimer: This study was conducted in the framework of the Project “Exploring the role of Religion in the Western Balkan societies” with the support of a grant of the Netherlands Ministry of Foreign Affairs awarded in the framework of the Human Rights Fund. The objectives, proper implementation and results of this project constitute responsibility for the implementing organization – Institute for Democracy and Mediation. Any views or opinions presented in this project are solely those of the implementing organisation and do not necessarily represent those of the Dutch Government. Implementing partners: Editing Board Leonie Rakaj – Vrugtman Aleksandar Takovski Tarik Jusić Nenad Zekavica Viktorija Borovska ISBN 978-9928-4385-3-9 Copyright ©IDM 2019.
    [Show full text]
  • Gender-Based Discrimination and Labour in Kosovo
    Funded by the Co-funded by European Union Swedish Development Cooperation GENDER-BASED DISCRIMINATION AND LABOUR IN KOSOVO Implemented by: GENDER-BASED DISCRIMINATION AND LABOUR IN KOSOVO By Iliriana Banjska, David JJ Ryan, Nicole Farnsworth, Lirika Demiri, Liridona Sijarina and Adelina Tërshani 2019 © Kosovo Women’s Network, 2019 All rights reserved. Licensed to the European Union under conditions. Authors: Iliriana Banjska, David JJ Ryan, Nicole Farnsworth, Lirika Demiri, Liridona Sijarina, and Adelina Tërshani ISBN 978-9951-737-31-9 This publication was produced with the financial support of the European Union. Its contents are the sole responsibility of the Kosovo Women’s Network and do not necessarily reflect the views of the European Union. Printed by Night Design in Pristina, Kosovo, using eco-friendly printing. www.womensnetwork.org Acknowledgements The Kosovo Women’s Network (KWN) would like to express its gratitude to the people who were involved in this research and contributed to Kosovo’s first in-depth analysis of gender-based discrimination as it relates to labour. This included citizens and institutions who offered their thoughts and time. The Agency for Gender Equality in the Office of the Prime Minister of the Republic of Kosovo and the Ombudsperson Institution, as associates in this action, provided vital support to KWN’s efforts in confirming interviews with institutions and reaching diverse respondents through the online survey. The Kosovo Judicial Council provided important assistance in scheduling interviews with judges, as did the Labour Inspectorate with labour inspectors throughout Kosovo. KWN thanks its hard-working and dedicated research team who conducted interviews with institutions, coded interviews and drafted sections of this report: Adelina Tërshani, Liridona Sijarina and Lirika Demiri.
    [Show full text]
  • New Row Buffets Scandal-Hit Kosovo Passport Contract from Page 1 Documents to Misappropriate About 7,400 Euro
    Opinion: The New Year in Kosovo Jan 18 - 31, 2013 Issue No. 103 www.prishtinainsight.com Price € 1 NEWS Sparkes: Privatisation Tangle Leaves Buyer Politics Unusable Business Weigh on > page 3 NEWS EULEX Gjakova Dumps Laws In Rush for EU rule of law mission’s Trash Power former deputy chief says > page 5 successes in fighting NEWS corruption are under- Kosovo and Serbia played - but pressures to preserve Kosovo’s stabil- Militias Threaten ity have sometimes got Violence in the way. > page 6 See Page 4 FEATURE Rise of Conservative Islamists Alarms New Row Buffets Scandal-Hit Kosovars Kosovo Passport Contract Austrian company and Kosovo Ministry of Internal Affairs are locked into a tax dispute over a 14 million euro contract already rocked by allegations of theft and bribery. > page 12-13 By Jeton Musliu, Florent Spahija and back to 2011. Haziraj said the contract required November 2012 after she failed to CULTURE Kreshnik Gashi At the Austrians’ request, the the Austrian State Printing House transfer 1.4 million euro from the two sides have now suspended fur- to pay VAT on the passports it sends Interior Ministry to the Austrian Kosovo Textbooks osovo’s Interior Ministry ther talks until next week. to Kosovo. It is impossible to verify State Printing House, which had and the Austrian company The company declined to com- Haziraj’s claim because the min- hired her as a subcontractor. Soften Line on Kthat prints the country’s biometric passports are in a dis- ment, but Interior Ministry istry has not released the contract. The money from the Interior Ottoman Rule pute over taxes.
    [Show full text]
  • Women and Elections Resource Guide Cover
    AAnn AAnnnnoottaatteedd BBiiibbllliiiooggrraapphhyy ooff SSeellleecctteedd RReessoouurrccee MMaatteerriiiaalllss EEnnhhaanncciiinngg WWoommeenn’’ss PPaarrttiiicciiippaattiiioonn iiinn EEllleeccttoorraalll PPrroocceesssseess iiinn PPoosstt--CCoonnffllliiicctt CCoouunnttrriiieess This is an annotated bibliography of selected resource materials – books, guidelines, training materials, academic articles and case studies - on enhancing the participation of women in electoral processes with a focus on post-conflict countries. It is not exhaustive. The information specific to supporting women in elections was gathered through internet search and a selective review of academic literature. It has been produced as a background document for the Expert Group Meeting on “Enhancing the role of women in electoral processes in post-conflict countries” organized by the United Nations Office of the Special Adviser on Gender Issues and the Advancement of Women (OSAGI) of the Department of Economic and Social Affairs and the Electoral Assistance Division of the Department of Political Affairs. It can also be used as a ready reference guide for field-based actors on current literature and guidance on how to ensure women’s full participation throughout all stages of the elections process – pre, during and post elections. This is a work in progress. Office of the Special Adviser on Gender Issues and Advancement of Women Department of Economic and Social Affairs Tablle of Conte nts Page A. General Election Resource Material on Women and Elections 1. International Electoral Standards. Guidelines for Reviewing 1 the Legal Framework of Elections 2. Gender Checklist for Free and Fair Elections in Southern Africa 2 3. Women's Campaign Manual 5 4. Women's Candidate Training Program. Training's Manual 5 5. Training of Trainers Manual.
    [Show full text]
  • 2010 Human Rights Report: Serbia Page 1 of 23
    2010 Human Rights Report: Serbia Page 1 of 23 Home » Under Secretary for Democracy and Global Affairs » Bureau of Democracy, Human Rights, and Labor » Releases » Human Rights Reports » 2010 Country Reports on Human Rights Practices » Europe and Eurasia » Serbia 2010 Human Rights Report: Serbia BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR 2010 Country Reports on Human Rights Practices April 8, 2011 The Republic of Serbia is a multiparty parliamentary democracy with approximately 7.5 million inhabitants. Boris Tadic was reelected president in February 2008. In May 2008 voters elected a new parliament in which some minority ethnic parties won seats. Observers considered both elections to be mostly in line with international standards. Security forces reported to civilian authorities. During the year the following human rights problems were reported: physical mistreatment of detainees by police; inefficient and lengthy trials; harassment of journalists, human rights advocates, and others critical of the government; limitations on freedom of speech and religion; lack of durable solutions for large numbers of internally displaced persons (IDPs); corruption in legislative, executive, and judicial branches of government including police; government failure to apprehend the two remaining fugitive war crimes suspects under indictment of the International Criminal Tribunal for the former Yugoslavia (ICTY); societal violence against women and children; societal violence and discrimination against minorities, particularly Roma and the lesbian, gay, bisexual, transgender (LGBT) population; and trafficking in persons. One significant human rights achievement was marked at the October 10 Pride Parade, when the government affirmed the freedom of assembly of the LGBT community. Unlike previous years, the government worked closely with planners to prepare for the event, and police successfully protected the marchers despite widespread violent protests by extremist groups.
    [Show full text]
  • Has the International Human Rights Paradigm Failed Lesbian, Gay, Bisexual and Transgender People? If So, What Can Be Done to Fix It?
    HAS THE INTERNATIONAL HUMAN RIGHTS PARADIGM FAILED LESBIAN, GAY, BISEXUAL AND TRANSGENDER PEOPLE? IF SO, WHAT CAN BE DONE TO FIX IT? by Aleksandra Djordjevic A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF Master of Laws in The Faculty of Graduate Studies (Law) THE UNIVERSITY OF BRITISH COLUMBIA (Vancouver) April 2013 © Aleksandra Djordjevic, 2013 Abstract Two basic human rights principles are the prohibition against discrimination and the guarantee of equal and effective protection against discrimination on any ground to all people. However, these principles have not been applied equally to those who face discrimination based on sexual identity. There is still a prescribed death penalty in eight countries for homosexual behavior and homosexual sex is criminalized in approximately 80 countries. In Uganda there is an ongoing debate about a proposed “anti-homosexuality bill,” which would inflict the death penalty on repeat offenders. In Russia, Moscow, gay Pride has been banned for the next 100 years. The goal of this thesis is to explore the power and weakness of international human rights protections for sexual minorities using Serbia, a transitional country, as a case study and to recommend best practices for fostering change. I assess the situation in Serbia by analysing the formal domestic and international legal framework in comparison to the social outcomes on the ground, as manifested by four years of Pride events. Until 2010, attempted annual Pride events were banned every year due to the “high-level of risk.” In 2010, the first Gay Pride took place in Belgrade inside a ring of protection of 5,000 police officers.
    [Show full text]