Direito internacional arco-íris: o reconhecimento do direito à diversidade sexual e de gênero no Sistema Interamericano de Direitos Humanos

Abstract

One of the profound transformations that the International Human Rights Law has undergone in the last decades is regarding the human rights of lesbians, gays, bisexuals, transgenders and intersex (LGBTI) people, traditionally invisible. The research investigates the recognition of human rights in relation to sexual and gender diversity within the Inter-American System of Human Rights (ISHR). Based on a bibliographical and documentar methodology, the first part presents operating-concepts of sexual and gender diversity (sexual orientation, gender identity, LGBTI-phobia, etc.), as well as a jusphilosophical perspective on the recognition of LGBTI people as subjects of rights. Subsequently, the issue of sexual and gender diversity is addressed in the global and regional (European and African) Human Rights protection systems, with an analysis of the most emblematic cases. The third and final section analyzes sexual and gender diversity before the ISCHR, which deals with initiatives concerning the human rights of LGBTI people, including official declarations, publications and reports, culminating in the pioneer “Inter-American Convention Against All Forms of Discrimination and Intolerance”, and in the cases of LGBTI’s human rights violations submitted to the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Finally, it is discussed the challenges of the ISHR for the effective guarantee that LGBTI people can live a worthy, free of violence life.