Clashes between International Human Rights Law and Constitutional Law? LGB Rights as a Case Study (R-11549)

The rights of LGB people are currently protected under the jurisprudence of international human rights law. However, there are cases in which national constitutions are at odds with it, especially in countries that have enshrined religious or traditional values in their respective constitution. At the same time, the backlash against LGB rights in developing countries could push them to constitutionalize the limitation of the rights of LGB people, such as the thwarted effort in the Indonesian Constitutional Court in 2016-2017 to push for the criminalization of same-sex activities. This PhD research will focus on how the dissonances between international human rights law and national constitutional law in the case of LGB rights could be solved. The analysis will be conducted in concentric circles, starting with a general analysis of the problem as a whole and then zooming in on the case of Indonesia, Russia and Ecuador.

Keywords:Constitutional Law, dissonance, Human Rights, LGB rights

Disciplines:Constitutional law, Human rights law, International law