ABSTRACT
The national and international legal frameworks of all Part II jurisdictions provide fully and similarly for recognising and giving effect to human rights, including those that relate to matters of sexual orientation and gender identity. The varied adherence to international instruments is matched by a similar jurisdictional disparity in acceptance of international courts. The history of the lesbian, gay, bisexual and transgender (LGBT) community – particularly in the US, Canada and Australia – is one which records many instances of constraints being placed on LGBT marches and protest rallies on the grounds of anticipated breaches of public order. The State duty to maintain neutrality and impartiality when engaged in religious matters is a common characteristic of all Part II jurisdictions. Sexual orientation and gender identity-related laws, principles and practices have tended to remain confined within culturally defined boundaries. The human right to freedom of expression is naturally highly valued in a tertiary educational context.
