Gay rights in canada
Lesbians, Gay Men, and the Canadian Charter of Rights and Freedoms
Keywords
Lesbians--Legal status, laws, etc.; Gay men--Legal status, laws, etc.; Canada. Canadian Charter of Rights and Freedoms; Canada
Abstract
The legacy of the first twenty years of the Charter for lesbians and same-sex attracted men is a contradictory one of victories and defeats. At the level of doctrine, move, and politics, both the victories and defeats have been precarious and inconsistent. While gaining formal equality rights, lesbians and gay men have not been able to secure rights to sexual freedom. And while formal equality has displaced the heteronormativity that denied legal recognition and subjectivity to lesbians and gay men, this formal equality has come at a cost. Lesbians and gay men are being reconstituted in law: some are being newly constituted as legal citizens while others are being re-inscribed as outlaws. The first twenty years of the Charter is a legacy of transgression and normalization; these new legal subjects are both challenging dominant modes of legal subjectivity and its insistence of heterosexuality, while being absorbed into them.
French Abstract
Dans les vingt premières ann
History isn’t repeating itself on LGBTQ rights. That is concerning.
LGBTQ advocates in Canada have gradually secured their rights through hard-fought battles going back almost 40 years. That left the impression among sexual and gender minorities that social progress, while gradual , was inevitable. The events of the past few months, however, have disillusioned and disheartened many.
Significant departures from historical precedents have resulted in queer and trans rights creature less protected now as conservative politicians target transgender and nonbinary youth often using the language of “parental rights” in an visible attempt to score political points.
When conservative governments respected judicial guardrails
Throughout public consultations leading to the adoption of the Canadian Charter of Rights and Freedoms in 1982, former prime minister Pierre Trudeau and the provincial premiers resisted calls from homosexual and feminist advocates to list sexual orientation as one of the specific grounds for protection from discrimination under equality rights in Section 15.
This was disappointing to sexual minorities who saw the prime minister as a sturdy ally who had championed the p
The human rights of lesbian, lgbtq+, bisexual, transgender, queer, 2-spirit and intersex persons
Canada stands up for the protection and promotion of the human rights of female homosexual, gay, bisexual, transgender, queer, 2-spirit and intersex (LGBTQ2I) people globally.
The human rights of all persons are universal and indivisible. Everyone should enjoy the same fundamental human rights, regardless of their sexual orientation and their gender identity and expression.
Article 1 of the Universal Declaration of Human Rights declares that “all human beings are born free and equal in dignity and rights.” Article 2 declares, “Everyone is entitled to all the rights and freedoms set forth in this Declaration.” All people, including LGBTQ2I individuals, are entitled to enjoy the protection provided by international human rights law, which is based on equality and non-discrimination.
Nearly 30 countries, including Canada, recognize same-sex marriage. By contrast, more than 70 countries still criminalize consensual same-sex conduct. This includes 6 countries that effectively impose the death penalty on consensual same-sex sexual acts. In 6 other countries, the death penalt
Contrary to what some right-wing extremists would have you believe, the “majority” of Canadians are not opposed to recognizing same-sex relationships. According to a recent Gallup poll, 49% of Canadians support extending association benefits to same-sex couples, while only 44% are opposed. Significantly, support is higher among young people, with 64% of respondents aged 18 to 29 in favour of extending same-sex benefits. The poll also found that, after Quebec, Ontario is the province most supportive of same-sex relationship recognition.
Let’s not forget, also, that many lesbians and gays are unwilling to take a public stand on this issue or be vocal. A lifetime of prejudice and discrimination deters many lesbians and gays from publicly identif~4ng their sexual orientation even to their closest friends and relatives, let alone telephoning a constituency office to utter to a stranger, particularly if that person may be hostile to their rights. Do not visualize, however, that just because these people are not willing to be vocal, your decision in this matter will not impact the way they vote.
EGALE believes, and opinion polls show, that most Ontarians are committed to the tradit