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African Human Rights Yearbook
On-line version ISSN 2663-323X
Print version ISSN 2523-1367
Abstract
MUTE, Lawrence M. Sexual minorities and African human rights mechanisms: reflections on contexts and considerations for addressing discrimination. AHRY [online]. 2023, vol.7, pp.183-207. ISSN 2663-323X. http://dx.doi.org/10.29053/2523-1367/2023/v7a9.
This article uses the Eric Gitari cases as springboard for reflecting on the contexts and considerations that African human rights mechanisms should keep in mind as they seek to ensure non-discrimination for sexual minorities, which has faced significant pushbacks. The article explores how human rights mechanisms can establish pragmatic approaches towards ensuring non-discrimination for sexual minorities. It concludes that these mechanisms must not legitimise discrimination against sexual minorities. Sexual minorities must not be urged or expected to give up their agency by shelving or drawing back from making rights-claims on society. Yet, backlash evidenced in the past decade suggests the need for continuous reflection on how they should frame their rights claims.
Keywords : non-discrimination; sexual minorities; African human rights mechanisms; backlash.