Although every violation of international human rights law standards is both deplorable and illegal, one of the major advances in the social sciences has been the development of measures of comparative state practice. The oldest of these is the Political Terror Scale (PTS), which provides an ordinal measure of physical integrity violations carried out by governments or those associated with the state. Providing data from the mid-1970s to the present, the PTS scores the human rights practices of more than 190 countries on a scale of 1–5, with 1 representing “best practices” and 5 indicating gross and systematic violations. There are two different sources for these scores: U.S. State Department Country Reports on Human Rights Practices and the Amnesty International Annual Report.
Although human rights have traditionally been associated only with the state, individuals can also be denied human rights protection by nonstate actors. To measure this, the Societal Violence Scale has been created to analyze three sources of physical integrity violations: the individual, corporate or criminal gang activity, and armed groups.
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Article
Mark Gibney, Linda Cornett, Peter Haschke, Reed M. Wood, and Daniel Arnon
Article
Scott N. Siegel
Equal treatment for members of the lesbian, gay, bisexual, and transgender (LGBT) community has improved at a rapid pace around the world since the gay rights movement first rose up to become a salient global force for change. With important regional exceptions, laws criminalizing same-sex sexual relations have not only come down in multiple countries, but same-sex couples can now also construct families in many advanced industrialized countries. Public acceptance of homosexuality, even in some non-Western countries, has increased dramatically. Yet, within those general trends hides the remarkable unevenness in the spread and adoption of policies fostering legal, social, and economic equality for LGBTQ communities around the world. Policy change toward more equal treatment for sexual minorities is concentrated in the developed world and within the cisgender gay and lesbian communities in particular. The existing literature in policy change shows the importance of transnational activists, changing international norms, and increasing levels of secularization have made this possible. But the effectiveness of these factors rests on an underlying foundation of socioeconomic factors based on economic and social development that characterizes advanced industrialized states. There is an uneven distribution of resources and interests among pro and anti-LGBT activist groups alike, and the differing levels of economic development in which they operate that explains the decidedly uneven nature of how LGBTQ human rights have advanced in the past 50 years. In addition, new political parties and activist organizations have emerged to lead the backlash against LGBTQ rights, showing progress is neither inevitable nor linear. In addition, serious gaps in what we know about LGBT politics remain because of the overwhelming scholarly focus on advanced industrialized states and policies that benefit the cisgender, gay and lesbian middle class in primarily Western societies. The study of LGBT politics in non-Western and developing countries is woefully neglected, for reasons attributed to the nature of the research community and the subject area. In the developed world, greater attention is needed to inequality within the LGBTQ community and issues beyond same-sex marriage. Finally, issues of intersectionality and how different groups within the LGBT community have enjoyed most of the benefits of the gay rights movement since its takeoff more than 50 years ago.
Article
Reparations are among the most tangible, victim-centric, and personal of processes in the transition from violence to peace, symbolizing the recognition that an individual has been harmed and has rights in the eyes of the state or international community. Reparations are also an inherently political project, transforming official visions of violence, responsibility, and victimization into material and psychological benefit. Despite the power of reparations to shape transitions from violence to peace, they have been too often ignored in practice, leaving most victims of gross violations of human rights and serious violations of international humanitarian law without reparation. Partly as a consequence, research has tended to focus more on “harder” processes, like trials and truth commissions, than on the “stepchild of postconflict justice.” Yet, there have been significant developments in reparations theory and practice that motivate key outstanding questions for researchers.
Reparations derive their symbolic power from the law, which is an imperfect tool for responding to the varied forms of violence experienced in conflict and to the diverse, sometimes contradictory, priorities and needs that people hold. In such contexts, there is an inherent tension between expanding reparations programs to be inclusive and adaptable and preserving their fundamental distinction as a justice process. This is a difficult balance to strike, but there are frameworks and questions that can offer useful guidance. In particular, the lenses of economic violence and positive peace are useful for articulating the role of reparations in postconflict transitions, offering conceptual expansion beyond transitional justice’s traditional concern for political violence without delving too far into the customary terrain of development or postconflict reconstruction.
Yet, the specific mechanisms through which the inward and outward feelings and attitudes and broader social changes that reparations are expected to produce remain undertheorized in transitional justice scholarship, in large part because of a lack of empirical evidence about how recipients experience them in practice. Does the restoration of civic trust, for example, depend upon recipients of individual reparations telling their neighbors about their payments? Does recognition as a citizen depend upon a beneficiary publicly self-identifying as a victim? Questions like these about the particular variables that drive reparations outcomes represent the next frontier for transitional justice researchers interested in the role of reparations in the transition from violence to peace.
Article
Anna Oltman and Jonathan Renshon
Immigration has taken on renewed prominence in both domestic and international politics. Typical approaches to this pressing theoretical and policy problem, however, focus on either domestic politics (e.g., filling labor needs and integrating migrants into society) or international relations (e.g., international law or norms regarding the treatment of migrants). In this sense, work on immigration has coalesced around two ways of seeing this problem, one micro, one macro, and neither one related to foreign policy. This is particularly unfortunate given that a foreign policy approach—grounded in “mid-range theory,” an “actor-specific” approach, and a sensitivity to factors both above and below the state level—has the potential to add a great deal to our understanding of immigration in IR. A review of the literature reveals two approaches to immigration in IR. The first, largely grounded in the methods and assumptions of political economy, focuses on the “pull” or demand factors that incentivize and regulate migration to a receiving country. The second focuses on “push” factors that drive people from their homelands. This latter approach concentrates on displaced populations, human rights norms, and institutions and cooperation among states. Both approaches contribute a great deal, but are, unfortunately, isolated from each other: an outcome that is at least partly attributable to an arbitrary and politically expedient distinction between “refugees” and “ economic migrants” that countries found it in their interests to make in the aftermath of World War II.
This discussion of immigration and foreign policy thus begins by surveying the theoretical and empirical landscape and providing a framework with which to understand contributions thus far. The following section will highlight three major themes emerging in an innovative new body of research. Fundamentally, these themes revolve around integration: whether it is the integration of security into immigration studies (typically dominated by an economics-based approach), of identity concerns into the public’s immigration preferences, or a focus on the multiple actors located in between the domestic public and international regimes. Suggestions for future research will conclude our discussion.
Article
Jessica Anderson and Amanda Murdie
Empirical international relations (IR) theory developed three generalized statements regarding why human rights abuses occur. First, human rights abuses are a way for an unrestrained state, especially the executive branch and its agents, to try to control individuals and hold on to power. Second, respect for human rights is an international norm, and international socialization and pressure about this norm can, in certain situations, affect behavior. Third, the codification of human rights norms into international treaties may influence behavior but, similar to our understanding of the effect of other treaties on state behavior, states only bind themselves weakly, and certain conditions are necessary for treaties to affect human rights.
Article
Ryan Thoreson
As lesbian, gay, bisexual, and transgender (LGBT) advocates around the globe have fought to gain rights and recognition, their shared endeavors and coordinated activism have given rise to an international LGBT movement. Over the past century, advocates around the world have recognized common aims and collaborated in formal and informal ways to advance the broader cause of sexual equality worldwide. Advocates in different contexts have often connected their struggles, borrowing concepts and strategies from one another and campaigning together in regional and international forums. In doing so, they have pressed for goals as diverse as the decriminalization of sexual activity; recognition of same-sex partnerships and rainbow families; bodily autonomy and recognition for transgender and intersex people; nondiscrimination protections; and acceptance by families, faith communities, and the public at large. At times, the international LGBT movement—or, to be more accurate, LGBT movements—have used tactics as diverse as public education, lobbying and legislative campaigns, litigation, and direct action to achieve their aims. The result has been a gradual shift toward recognizing LGBT rights globally, with these rights gaining traction in formal law and policy as well as in public opinion and the agendas of activists working for human rights and social justice. The movement’s aims have also broadened, being attentive to new issues and drawing common cause with other campaigns for bodily autonomy and equal rights. At the same time, gains have triggered ferocious backlash, both against LGBT rights and against broader efforts to promote comprehensive sexuality education, access to abortion, the decriminalization of sex work, and other sexual rights. Understanding this advocacy requires consideration of important milestones in global LGBT organizing; how LGBT rights have been taken up as human rights by domestic, regional, and international bodies; and some of the main challenges that LGBT advocates have faced in contexts around the globe.
Article
Michelle L. Dion
Government regulation of sexuality includes prohibitions on same-sex intimacy, formation of families, and related rights of LGBT+ people due to their sexual orientation or gender identities. Countries in the Global South tend to lag behind those in the Global North in the recognition of LGBT+ rights, which overall tend to expand incrementally over time in response to LGBT+ activism, diffusion of international norms, and national economic, political and social context. Basic civil rights, including legalization of same-sex intimacy and marriage, are often a necessary precondition for LGBT+ access to the political right to organize and mobilize as an interest group as well as other social rights, such as health care and parental rights. In the developing world, Argentina and South Africa have been regional leaders in LGBT+ rights, and Latin America countries have tended to broaden protections earlier than countries at similar levels of development in Sub-Saharan Africa or Asia. Overall, in the early 21st century, the landscape of LGBT+ civil rights changed rapidly, while some political and social rights still lag behind.
Article
Axel Tschentscher
Research on constitutional law has come in different waves mirroring the development of states in recent decades. While the decolonization period of the 1960s still kept the old ties of constitutional “families,” comparison based on such ties has become ever less persuasive since the 1980s wave of constitution making following the fall of the Berlin Wall. Research about de facto and de jure constitutional law now tends to embrace institutional details like judicial review powers and procedures of direct democracy. The field of comparative constitutional law is controversial both in methods and substance. It still lacks a consistent framework of comparative tools and is criticized as illegitimate by scholars who insist on the interpretive autonomy within each constitutional system.
Research in the area of fundamental rights has to deal with long-lasting controversies like the constitutionality of the death penalty. Bioethical regulation is another new field where constitutional positions tend to diverge rather than converge. Embryonic stem cell research, therapeutic cloning, pre-implantation genetic diagnosis, and surrogate motherhood are examples from biotechnology and reproductive medicine where constitutional scholars disagree about what, if anything, constitutional law can contribute to provide a basis or limit for regulation. With the worldwide rise of constitutional courts and judicial review, the standards for the interpretation of fundamental rights become more important. Legal scholarship has worked out the differences between the rule-oriented approach associated with Anglo-American legal systems versus the principle-based approach common to continental Europe.
Article
Cyanne E. Loyle
Armed conflict is ultimately about the violent confrontation between two or more groups; however, there is a range of behaviors, both violent and nonviolent, pursued by governments and rebel groups while conflict is ongoing that impacts the course and outcomes of that violence. The use of judicial or quasi-judicial institutions during armed conflict is one such behavior. While there is a well-developed body of literature that examines the conditions under which governments engage with the legacies of violence following armed conflict, we know comparatively little about these same institutions used while conflict is ongoing.
Similar to the use of transitional justice following armed conflict or post-conflict justice, during-conflict transitional justice (DCJ) refers to “a judicial or quasi-judicial process initiated during an armed conflict that attempts to address wrongdoings that have taken or are taking place as part of that conflict” (according to Loyle and Binningsbø). DCJ includes a variety of institutional forms pursued by both governments and rebel groups such as human rights trials, truth commissions or commissions of inquiry, amnesty offers, reparations, purges, or exiles.
As our current understanding of transitional justice has focused exclusively on these processes following a political transition or the termination of an armed conflict, we have a limited understanding of how and why these processes are used during conflict. Extant work has assumed, either implicitly or explicitly, that transitional justice is offered and put in place once violence has ended, but this is not the case. New data on this topic from the During-Conflict Justice dataset by Loyle and Binningsbø suggests that the use of transitional justice during conflict is a widespread and systematic policy across multiple actor groups. In 2017, Loyle and Binningsbø found that DCJ processes were used during over 60% of armed conflicts from 1946 through 2011; and of these processes 10% were put in place by rebel groups (i.e., the group challenging the government rather than the government in power).
Three main questions arise from this new finding: Under what conditions are justice processes implemented during conflict, why are these processes put in place, and what is the likely effect of their implementation on the conflict itself? Answering these questions has important implications for understanding patterns of government and rebel behavior while conflict is ongoing and the impacts of those behaviors. Furthermore, this work helps us to broaden our understanding of the use of judicial and quasi-judicial processes to those periods where no power shift has taken place.
Article
Daniel W. Hill, Jr.
The adoption by the United Nations of the Universal Declaration of Human Rights in 1948 marked the beginning of the modern international human rights regime. Since then the number of international treaties that protect human rights, as well as the number of internationally recognized rights, has greatly increased. The increasing number and scope of international treaties attests to the fact that advocates for human rights view treaties, which are legally binding in principle, as useful tools for promoting respect for the various rights identified in international law. Only recently have scholars begun to collect and systematically examine evidence concerning the effectiveness of human rights treaties. This new body of research is motivated by a question that has obvious normative import and policy relevance: do we have good evidence that the widespread adoption of international human rights law has had any meaningful impact on the level of respect that states exhibit for the rights articulated in international law? To date, this literature suggests three sources of variation in the effectiveness of human rights treaties: (1) variation in the domestic political and legal institutions that facilitate enforcement and compliance, (2) variation in the nature of the rights protected by different treaties and the nature of violations, and (3) variation in the strength of governments’ commitments to the UN treaty regime. All three sources of variation point to opportunities to advance our understanding of the conditions under which international human rights law can achieve its goals.
Article
Jeremy Sarkin
African prisons are some of the least-studied penal institutions anywhere in the world. This is not true everywhere on the continent, as prisons in some countries such as South Africa are adequately studied and have been the subject of commissions of inquiry stretching back to colonial times. It is also difficult to generalize about Africa. For example, there are massive disparities between north Africa and sub-Saharan Africa. Usually, not much information beyond generalities exists for many of them across the African continent. As a result, many negative perceptions endure that are not reflective of the different systems and the different countries in the region. The focus of the research has often been on specific themes and certain countries only and has generally focused on problems. There is, however, a need to portray a more realistic situation in prisons in all fifty-four countries more accurately, without generalizing, and to provide more solution-orientated research to a variety of issues. This can be partly achieved by comparative investigation.
While the conditions in many African prisons are harsh and difficult for inmates, comparatively speaking, prisons in Africa are not the worst in the world. However, they are generally overcrowded, and there is much violence. Issues generally concerning health, food, sanitation, amenities, and other matters remain generally problematic. However, much data is missing from a range of countries. More research is needed to gather more data and to interrogate the diverse prisons in the different countries. There is a need for more holistic research that understands prisons not as isolated institutions but as part of criminal justice systems. There is a need to understand how methods of policing, the conduct of prosecutions, and court processes all have an impact upon conditions within the prisons of a particular country.
Article
Brian Loveman
Despite the common identification of Chile as “exceptional” among Latin American nations, the military played a key role in 20th-century Chilean politics and continues to do so in the first decades of the 21st century. Both 20th-century constitutions were adopted under military tutelage, after military coups: two coups—1924–1925 (the 1925 Constitution) and the military coup in 1973 (the 1980 constitution). A successful coup in 1932 established the short-lived “Chilean Socialist Republic.” Infrequent but sometimes serious failed military coups decisively influenced the course of Chilean politics: 1912, 1919, 1931–1932 (several), 1933, 1935, 1936, 1938, 1939, 1948, 1954, 1969, June 1973, 1986 (“coup within the coup” against Augusto Pinochet by air force officers), and others. Monographic and article-length histories of each of these events exist detailing their rationale and eventual failure.
Severe political polarization in the context of the post-Cuban Revolution Cold War wave of military coups (1961–1976) in Latin America resulted in the breakdown of the Chilean political system in 1973. U.S. support for a military coup to oust the elected socialist president exacerbated the internal political strife. When a military junta ousted socialist president Salvador Allende in 1973, the military leaders claimed that they had ousted the Allende government to rescue Chilean democracy from the threat of international communism and civil war, and to restore the 1925 Constitution and the rule of law
In 1973, the armed forces established a dictatorship that lasted almost 17 years and imposed a new constitution that is still in place in 2020 (with amendments). During this period (1973–1990), military officers occupied ministerial posts in the presidential cabinet, a military junta (Junta de Gobierno) acted as the legislature, and much of the public administration was militarized. Massive human rights violations took place involving all three branches of the armed forces and the national police (carabineros). After a plebiscite that rejected continued rule by General Augusto Pinochet and elections in 1989, the country returned to civilian government in March 1990.
From 1990 until 2020 the country experienced gradual “normalization” of civil–military relations under elected civilian governments. After 1998, the threat of another military coup and reestablishment of military government largely disappeared. Constitutional reforms in 2005 reestablished much (but not all) of civilian control over defense and security policy and oversight of the armed forces. Nevertheless, reorganization of defense and security policymaking remained salient political issues and the armed forces continued to play an important role in national politics, policymaking, and internal administration.
Article
Anita Isaacs and Rachel A. Schwartz
Since the mid-20th century, the Guatemalan military has played a prominent role in the country’s political life. Yet, this was not always the case. During Guatemala’s first century of independence, the armed forces operated largely as the pawn of personalist rulers and oligarchic elites, utilizing coercion to quell labor unrest and impose order in the countryside. Developments during the Cold War era, however, transformed the Guatemalan military into a centralized source of political and economic power and the key protagonist in domestic politics.
Following World War II and on the heels of popular uprising, nationalist junior army officers ushered in a series of popular reforms, which included land redistribution. A 1954 CIA-orchestrated coup supported by the Guatemalan oligarchy and reactionary military factions toppled Guatemala’s “Democratic Spring,” reversed the reforms, and paved the way for four decades of hardline military rule. The subsequent rise of a leftist insurgent movement and the outbreak of armed conflict (1960–1996) gave the armed forces a pretext to dramatically expand their power. They consolidated formal political control over the Guatemalan state and pursued a counterinsurgent campaign, which escalated into genocidal violence in the predominantly Mayan indigenous highlands.
Pulled between the political protagonism of civil war and the subordination to civilian rule required in liberal democracy, the Guatemalan military struggled to redefine its institutional identity with the end of armed conflict. It lurched reluctantly toward peace and democracy following a split in its ranks between a moderate institutionalist faction and right-wing groups wary of ceding political control. Despite peace accord provisions to reduce the military’s size and budget and to confine its institutional activities to external defense, military officials, particularly those from intelligence, continued to wield extraordinary control in the postwar era. Challenging the strictures of peace and democracy, they have fought to maintain key interests, notably impunity for war crimes, political decision-making influence, and wartime sources of illicit enrichment.
Article
William Aviles
The relationship between the Colombian armed forces and civilian leaders within the state has been marked historically with the continuity of civilian control and the general avoidance of military coups or regimes. After a series of major civil wars during the 19th century, civil–military relations were guided by the need to preserve the power of economic and political elites, with the military consistently acting as a central pillar in the survival of this elite. Interestingly, in the context of civil–military relations in Latin America, Colombia has been a model of how a regime can pair formal “civilian control” with intensive levels of state repression and violence against opposing forces within civil society. This model has been maintained during periods of relative political stability as well as during periods of widespread internal conflict. Thus, illustrating the limits that formal institutional arrangements within the Colombian state have led to shifts in the behavior of its military.
Article
Ñusta Carranza Ko
Having existed for centuries, genocide is a criminal practice that aims to destroy in whole or in part a population from a particular ethnic, racial, and religious background. The study of genocide is one that builds on historic cases of genocidal violence. Specifically, it takes on various approaches to examine genocidal crime, the intent of genocide, and how the motivation to cause physical pain and harm is knowingly implemented as a strategy of war, a tool of colonization, and a government policy of progress and modernization. Predominantly the scholarship on genocide can be summarized into three methodological approaches: (a) the theoretical that emphasizes the historic context of the crime; (b) the legal that draws from the United Nations Genocide Convention; and (c) the applied perspective that focuses on specific cases of genocide using the theoretical and legal lens. Recently, in the 21st century, genocide studies involving Indigenous populations has gained more traction as governments have been forced to recognize their own involvement in genocide, such as the forced removal of children in Canada and Australia from Indigenous families in efforts to assimilate them to the majority culture. Among this group, however, the Indigenous populations of the Americas, specifically the Indigenous women, have been further targeted for genocide more than other communities of color due to their historic relations with settler-colonial and postconquest emerging societies. The experiences of Indigenous women and their genocides involving sexual violence and coercive sterilization practices are the missing story in the genocide literature.
Article
The human rights of LGBTI persons are being contested across the world—both within states and across regions. Despite decades of incremental change, in many states, LGBTI activists are beginning to rapidly advance their normative agendas, particularly in the context of protection against violence and discrimination. However, consistent backlash and opposition to LGBTI advocacy remains.
Notwithstanding decades of silence on LGBTI rights, international institutions are also beginning to rapidly include sexual orientation and gender identity in their work as well. Institutions that consist primarily of independent experts and that focus on narrower human rights issues have been especially active in including sexual orientation and gender identity in their work, either formally or informally. At the same time, largely political institutions have generally lagged behind their counterparts.
Scholarship on both sexual orientation and gender identity (SOGI) advocacy and contestation have also lagged behind political and legal developments at international institutions. Although a few works exist, particularly on the UN Human Rights Council, there are numerous other institutions that have been understudied. Further, research on the implementation of international SOGI policies has also been largely absent. SOGI advocacy and contestation continues across nearly every major international institution. Research agendas, either qualitative or quantitative are sorely needed to help better predict and explain the advancement or retreat of SOGI in international institutions and within domestic contexts.
Article
Matthew Waites
The Commonwealth is the international governmental organization of states that emerged from the British empire, and since 2000 it has emerged as a focus for contestation relating to the regulation of same-sex sexualities, gender diversity, and diverse sex characteristics. Following colonial criminalizations focused on same-sex sexual acts, and later formal decolonizations, there have appeared many national movements for decriminalization and human rights in relation to sexuality and gender. The Commonwealth has emerged as a site of politics for some significant actors claiming human rights in relation to sexual orientation, gender identity and expression, and sex characteristics. This has been led by specific organizations of lesbian, gay, bisexual, and transgender (LGBT) people, increasingly with intersex people and allies, but it is also important to consider this in relation to queer people, understood more broadly here as people in all cultures experiencing forms of sexualities, biological sex and genders outside the social structure of heterosexuality, and its associated sex and gender binaries. A range of forms of activist and non-governmental organization (NGO) engagement have occurred, leading to shifts in Commonwealth civil society and among some state governments. This has required researchers to develop analyses across various scales, from local and national to international and transnational, to interpret institutions and movements.
The British Empire criminalized same-sex sexual acts between males, and to a lesser extent between females, across its territories. In certain instances there were also forms of gender regulation, constraining life outside a gender binary. Such criminalization influenced some of those claiming LGBT human rights to engage the Commonwealth. Research shows that a majority of Commonwealth states continue to criminalize some adult consensual same-sex sexual activity. Yet the history of struggles for decriminalization and human rights within states in the Commonwealth has led up to such recent important decriminalizations as in India and Trinidad and Tobago in 2018.
LGBT and queer activist engagements of the Commonwealth itself commenced in 2007 when Sexual Minorities Uganda and African allies demanded entry to the Commonwealth People’s Space during a Heads of Government meeting in Kampala. Activism has often focused on the biannual Heads of Government meetings that are accompanied by civil society forums. A particularly significant phenomenon has been the emergence of a “new London-based transnational politics of LGBT human rights,” evident in the creation from 2011 of new NGOs working internationally from the United Kingdom. Among these organizations was the Kaleidoscope Trust, which shaped the subsequent formation of The Commonwealth Equality Network as an international network of NGOs that became formally recognized by the Commonwealth. Significant developments occurred at the London Commonwealth Heads of Government meeting in April 2018; Prime Minister Theresa May expressed “regret” for past imperial criminalizations while announcing funding for Kaleidoscope Trust and other UK-based groups to use in international law reform work. These developments exemplify a wider problematic for both activists and analysts, concerning how LGBT and queer movements should engage in contexts that are still structured by imperial legacies and power relations associated with colonialism, persisting in the present.
Article
Paul DeBell
HIV/AIDS in Europe highlights the centrality of politics at local, state, and international levels to the successes and failures in fighting transnational, global threats. Though several European states have led the international struggle against HIV/AIDS and have made great strides in treatment and prevention, others host the fastest-growing epidemics in the world. Even in states with long histories of treatment, specific subpopulations, including many LGBTQ communities, face growing epidemics. This variation matches trends in public policy, the actions of political leaders, and social structures of inequity and marginalization toward affected populations. Where leaders stigmatize people living with HIV (PLHIV) and associated groups, the virus spreads as punitive policies place everyone at increased risk of infection. Thus, this epidemic links the health of the general public to the health of the most marginalized communities. Mounting evidence shows that a human rights approach to HIV/AIDS prevention involving universal treatment of all vulnerable communities is essential to combating the spread of the virus. This approach has taken hold in much of Europe, and many European states have worked together as a political force to shape a global human rights HIV/AIDS treatment and prevention regime.
Despite this leadership, challenges remain across the region. In some Eastern European states, tragic epidemics are spreading beyond vulnerable populations and rates of transmission continue to rise. The Russian case in particular shows how a punitive state response paired with the stigmatization of PLHIV can lead to a health crisis for the entire country. While scholars have shed light upon the strategies of political legitimization likely driving the scapegoating and stigmatization of PLHIV and related groups, there is an immediate need for greater research in transnational social mobilization to pressure for policies that combat these backward political steps. As financial austerity and defiant illiberalism spread across Europe, key values of universal treatment and inclusion have come into the crosshairs along with the European project more generally. Researchers and policymakers must therefore be vigilant as continued progress in the region is anything but certain. With biomedical advances and the advent of the “age of treatment,” widespread alleviation from the suffering of HIV/AIDS is a real possibility. Realizing this potential will, however, require addressing widespread political, social, and economic challenges. This in turn calls for continued interdisciplinary, intersectional research and advocacy.
Article
Kim Yi Dionne and Boniface Dulani
One significant barrier to sexual minority rights in Africa is the generally negative attitudes ordinary Africans have toward same-sex relationships. Yet since 1998, there has been notable progress in terms of legalizing same-sex relationships on the continent, with Botswana the most recent African country to do so, in 2019. Botswana joins Angola, Cape Verde, Guinea Bissau, Lesotho, Mozambique, São Tomé and Príncipe, Seychelles, and South Africa, among countries that have decriminalized same-sex relationships. Publicly available cross-national survey data measuring citizen’s attitudes toward homosexuality in 41 African countries from 1982 to 2018 shows that, on average, Africans hold negative attitudes toward same-sex relationships, which is consistent with previous reports. However, there is variation in these attitudes, suggesting greater tolerance of sexual minorities among women, people who use the Internet more frequently, and urban residents. One key finding is that homophobia is not universal in Africa. In light of recent policy and legal developments advancing sexual minority rights, and given findings in existing scholarship highlighting the influence politicians have in politicizing homophobia, the literature questioning the generalized notion of a “homophobic Africa” is growing, and there are calls for more research on the factors influencing decriminalization.
Article
Pamela Neumann
Femicidio refers to the murder of a woman because of her gender. Feminicidio emphasizes the role of the state in enabling these crimes and the impunity with which they are treated. Feminist legal activism and the development of supranational and regional human rights instruments throughout the 1990s and 2000s were essential to the development of femicidio/feminicidio laws across Latin America. As of 2018, such laws were in effect in 18 countries across the region. However, the precise content and scope of laws criminalizing femicidio/feminicidio vary. For example, in the case of Mexico, transnational feminist legal activism, including a case brought before the Inter-American Human Rights Court, was essential to shaming the Mexican state into codifying feminicidio. This process was facilitated by the presence of feminist legislators within the Mexican legislature, who advocated for such legislation. In the case of Nicaragua and Peru, local feminist advocacy and copious documentation of the scope of the problem of femicidio/feminicidio proved more significant in the ultimate codification of femicidio/feminicidio. However, the legal advances against gender violence achieved in Nicaragua in 2012 were subsequently undone due to pressure from men’s rights and religious conservatives, leading to the weak implementation of the law criminalizing femicidio.
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