Conceptual Approach and Proposals for the Assertion of Lesbian, Gay, Bisexual and Transgender Community Rights
Pp. 175-194 (20)
Cristina Monereo Atienza
The interest in equality and rights of the lesbians, gays, bisexuals and
transsexuals group (referred to as LGBT herein) has aroused intense debate concerning
the individual and social status of people belonging to this vulnerable group, which has
furthermore taken on board a set of complex concepts that are also examined and
discussed by other groups, such as the feminist community. The heterogeneity of the
members of this group and the organization of the social system makes it difficult to
define the implicated concepts, which implies an obstacle for achieving equality.
Therefore, it is essential to clarify the concept map regarding sexual orientation and
gender identity: firstly, to come to an understanding of who the members of this group
are; secondly, to understand what their differences are and indicate whether they are
relevant in order to make any distinction in terms of equality; and, thirdly, to identify
new strategies for equality and the recognition of rights. All this is condensed into the
possibility of discussing a unique subject with equal rights that respects the individual
differences of everyone else. This equal subject would be based on the concept of
human dignity, which in turn falls back on the fundamental values of freedom, equality
and solidarity, established under law. Moreover, this struggle for equality requires
complex measures that go beyond the customary assertion of equality and nondiscrimination.
As for the concerns for women, a profound social transformation is
required to break with the traditional mind-sets defining the sexes and the patriarchal
system. At this point, international as well as regional legislation, despite positive
advances, is still sparse and inadequate, in addition to being focused on mere formal
equality and non-discrimination, which does not actually promote any profound change
Bisexuals, Dignity, Equal subject of rights, Gays, Gender identity,
Lesbians, Sexual orientation, Transsexuals, Vulnerable group.
Department of Legal Philosophy, University of Malaga, Spain.