The question of LGBT rights was first examined as part of gender and sexuality studies in the 1980s, predominantly in the United States. This was a result of the LGBT movement that had articulated the demand for equal rights and freedom of sexual and gender minorities a decade before. Since then, the examination of LGBT rights has traversed multiple theoretical and methodological approaches and breached many disciplinary frontiers. Initially, gay and lesbian studies (GLS) emerged as an approach to understand the notion of LGBT identity using historical evidence. GLS emphasized the objectives of the LGBT movement in articulating its identity as an issue of minority rights within the ambit of litigation and case law. However, the definition of LGBT identity as a homogeneous and fixed category, and the conceptualization of equality rights as the ultimate project of emancipation, was critiqued on grounds of its normative and assimilationist tendencies. Queer theory emerged in the 1990s as a counter-discourse to GLS, using the individual-centric postmodern technique of deconstruction as the method of analysis. This approach opened up scope for multiple identities within the LGBT community to articulate their positionality, and reclaim the possibilities of sexual liberation that GLS had previously obscured.
Subsequent scholarship has critiqued GLS and queer theory for incomplete theorization and inadequate representation, based on four types of counter-argument. The first argument is that queer theory, with its emphasis on self as an alternative for wider social interaction, concealed constitutive macrostructures such as neoliberal capitalism, as well as the social basis of identity and power relations. The second argument highlights the incomplete theorization of bisexual and transgender identities within the LGBT community. For example, understanding bisexuality involves questioning the universalism of monosexuality and postmodern notions of linear sexuality, and acknowledging the possibility of an integrated axis of gender and sexuality. Theorization of transgender and transsexual rights requires a grounded approach incorporating new variables such as work and violence in the historiography of transgender life. The third critique comes from decolonial scholarship that argues that intersectionality of race, gender, class, caste, and nationality brings out multiple concerns of social justice that have been rendered invisible by existing theory. The fourth critique emerged from family studies and clinical psychology, that used queer theory to ask questions about definitions of all family structures outside the couple norm, including non-reproductive heterosexuality, polyamorous relationships, and non-marital sexual unions. These critiques have allowed new questions to emerge as part of LGBT rights within the existing traditions, and enabled the question of LGBT rights to be considered across new disciplinary fronts. For example, the incorporation of the “queer” variable in hitherto technical disciplines such as economics, finance, and management is a development of the early-21st-century scholarship. In particular, the introduction of LGBT rights in economics to expand human capabilities has policy implications as it widens and mainstreams access of opportunities for LGBT communities through consumption, trade, education, employment, and social benefits, thereby expanding the actualization of LGBT rights.
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LGBT Rights and Theoretical Perspectives
Francis Kuriakose and Deepa Kylasam Iyer
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Nationalism
Renaud-Philippe Garner
Nationalism is a set of beliefs about the nation: its origins, nature, and value. For nationalists, we are particular social animals. On the one hand, our lives are structured by a profound sense of togetherness and similarity: We share languages and memories. On the other hand, our lives are characterized by deep divisions and differences: We draw borders and contest historical narratives. For nationalism, humanity is neither a single species-wide community nor an aggregation of individuals but divided into distinct and unique nations. At the heart of nationalism are claims about our identity and needs as social animals that form the basis of a series of normative claims. To answer the question “what should I do” or “how should I live,” one must first answer the questions “who am I” and “where do I belong.” Nationalism says that our membership in a nation takes precedence and ultimately must guide our choices and actions. In terms of guiding choice and action, nationalist thought proposes a specific form of partiality. Rather than treat the interests or claims of persons and groups impartially, the nationalist demands that one favors one’s own, either as a group or as individual persons. While nationalism does not claim to be the only form of partiality, it does claim to outrank all others: Loyalty or obligations to other groups or identities are subordinated to national loyalty. Together, these claims function as a political ideology. Nationalism identifies the nation as the central form of community and elevates it to the object of supreme loyalty. This fundamental concern for the nation and its flourishing can be fragmented into narrower aims or objectives: national autonomy, national identity, and national unity. Debate on nationalism tends to divide into two clusters, one descriptive and one normative, that only make partial contact. For historians and sociologists, the questions are explanatory: What is nationalism, what is a nation, how are they related, and when and how did they emerge? Philosophers and political theorists focus on the justification of nationalism or nationalist claims: Is national loyalty defensible, what are the limits of this loyalty, how do we rank our loyalties, and does nationalism conflict with human rights?
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Women, Equality, and Citizenship in Contemporary Africa
Robtel Neajai Pailey
Though deeply contested, citizenship has come to be defined in gender-inclusive terms both as a status anchored in law, with attendant rights and resources, and as agency manifested in active political participation and representation. Scholars have argued that gender often determines how citizenship rights are distributed at household, community, national, and institutional levels, thereby leaving women with many responsibilities but few resources and little representation. Citizenship laws in different parts of Africa explicitly discriminate based on ethnicity, race, gender and religion, with women bearing the brunt of these inequities. In particular, African women have faced structural, institutional, and cultural barriers to ensuring full citizenship in policy and praxis, with contestations in the post-independence era centering around the fulfillment of citizenship rights embedded in law, practice, and lived experience.
While African women’s concerns about their subjective roles as equal citizens were often sidelined during nationalist liberation movements, the post-independence era has presented more meaningful opportunities for women in the continent to demand equality of access to citizenship rights, resources, and representation. In contemporary times, a number of local, national, continental, and transnational developments have shaped the contours of the battle for women’s citizenship equality, including the prominence of domestic women’s movements; national constitutional reviews and revisions processes; electoral quotas; female labor force participation; and feminism as a unifying principle of gender justice.
African women have had to overcome constraints imposed on them not only by patriarchy, but also by histories of slavery, colonialism, structural adjustment, land dispossession, militarism, and neoliberalism. They have often been subordinated in the domestic or private sphere, with gendered values and norms then undermining their agency in the public sphere. Although African women have managed to secure some political, socio-economic, and cultural rights, resources, and representation, this has certainly not been the panacea for achieving full equality of citizenship or gender justice.