ABSTRACT

This reply responds to contributions by Camminga and Mills to the issue’s sub-theme of ‘The Role of International and Domestic Law in Attaining Gender and Sexual Equality’.

This reply argues that the papers show how increased visibility exposes queer people to a greater risk of discrimination, which lawmakers must navigate when crafting policy. The reply also notes that a neo-colonial power dynamic exists between Global North and South policies which influences the creation of symbolic queer-specific human rights policy. This dynamic prompts the spread of Western language and conceptualizations of gender and sexual identity. Clark develops examples from Mills’ and Camminga’s articles to present a possible alternative way to create policy to protect LGBT human rights and rethink identity informed by experiences of discrimination.

This is a reply to:

Camminga, B. 2018. “The Stigma of Western Words: Asylum Law, Transgender Identity and Sexual Orientation in South Africa.” Global Discourse. https://dx.doi.org/10.1080/23269995.2018.1521045">https://doi.org/10.1080/23269995.2018.1521045

and

Mills, E. 2018. “Gender, Sexuality and the Limits of Law.” Global Discourse. https://dx.doi.org/doi:10.1080/23269995.2018.1521099">https://doi.org/doi:10.1080/23269995.2018.1521099.