Battle for Sex?: Protecting Sexual(Ity) Ts in Africa
2014 Battle for Sex? 23 HUMAN RIGHTS QUARTERLY a universal right is a culturally divisive and polarizing issue and, therefore, unlikely to achieve consensus in human rights circles.3 However, the debate today is no longer whether (homo)sexuality is a human rights issue, but rather how to respect and protect sexuality rights, particularly equal protection and non-discrimination on the grounds of sexual orientation and sexual identity, as well as legal recognition of same-sex marriages.4 Battle for Sex?: Protecting Sexual(ity) Without a claw back clause, Article 2 of the African Charter of Human ts in Africa and Peoples' Rights (Banjul Charter) prohibits any form of discrimination by guaranteeing that: Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any Dan Kuwa/i* kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. 5 Also, Article 3 of the Banjul Charter provides that "[e]very individual shall ABSTRACT be equal before the law" and that "[e]very individual shall be entitled to equal protection of the law."6 The principle of non-discrimination in Article Most African states see permission of unconventional sexuality and rec 2 and the principle of equality in Article 3 are mutually reinforcing so much ognition of same-sex marriages as "deviant" in relation to the traditional sex roles of women and men. States have invoked justifications such as so that "the latter may be said to be a positive expression of the former."' "cultural sovereignty," "protection of public morals," "religious sanctity," and Further, Article 19 guarantees that "[a]ll peoples shall be equal; they shall "traditional values" as a rationalization for criminalizing queer sexuality.
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