CÍMLAP
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CONTENTS, INTRODUCTION |
Contents
I. Introduction
II. Social visibility and acceptance of LGBT people in Hungary
II.1. Opinion poll findings
II.2. Mainstream media visibility
II.3. Socio-cultural infrastructure of LGBT people in Hungary
II.3.1. Own media: creating symbolic environments
III. Development of sexual orientation related anti-discrimination and equal treatment policymaking in Hungary
III.1. Looking back
III.2. Fighting against the legal discrimination of LGBT people
III.3. Developing and applying equal treatment legislation for LGBT people
III.3.1. Development of Hungarian law on equal treatment legislation for LGBT people
III.3.2. Practical application of equal treatment claims I. - Actio popularis
III.3.3. Practical application of equal treatment claims II. - "Let's start a family!"
III.3.4. Practical application of equal treatment claims III. - "The pension case"
IV. Putting equality into practice
IV.1. The use value of the minority concept
IV.2. A lot of things to fight for...
IV.3. Modelling the international policy context
IV.3.1. Legal emancipation
IV.3.2. Political emancipation and citizenship
IV.3.3. Social emancipation and cooperation
IV.3.4. Raising awareness
IV.3.5. Implementation at the level of equality bodies
IV.3.6. Implementation problems of equal treatment practices in different social settings
V. Conclusions and recommendations
References
Introduction
In 1998 the European Parliament issued a special declaration emphasizing
that it would not support the membership of those applicant countries,
whose legislation or political state does not acknowledge the human rights
of homosexual people. The main criterion of acknowledging the human rights
of homosexual people was the elimination of discriminative parts of the
national Penal Codes treating homosexual and heterosexual relationships
unequally, especially concerning age of consent issues. This criterion was
fulfilled by Hungary in 2002 following the ruling of the Constitutional
Court eliminating the previously existing discriminative aspects of the
Hungarian Penal Code relating to different age of consent definitions
concerning same sex and different sex sexual practices.
The new Hungarian anti-discrimination and equal treatment policy, developed
in 2003 (and being in force since January 2004),includes sexual orientation
and gender identity among other protected categories and provides these
categories with the same general protection as the others (such as women,
disabled people, ethnic minorities). Therefore it can be said that
concerning the official EU membership requirements Hungary has not only
eliminated the discriminative legislative aspects relating to the age of
consent issue, but also "over-fulfilled its duties".
Since the European Union's expectations in the field of sexual orientation
based discrimination seem to have weaker influence, when compared with
other categories of discrimination - such as ethnic discrimination -
special attention must be paid to the specific Hungarian developments,
and especially the role of NGOs active in this field.
In this context activities of NGOs involved in human rights issues,
specifically those representing the interests of sexual minorities can be
seen as part of what Nancy Fraser refers to as "subaltern counterpublic
spheres", i.e. "parallel discursive arenas where members of subordinated
social groups invent and circulate counter discourses to formulate
oppositional interpretations of their identities, interests "needs",
functioning as "bases and training grounds for agitational activities
directed toward wider publics".
There has been an ongoing theoretical debate in studies of sexual politics
about the costs and benefits of normalizing "mainstream sexual difference"
defined on the basis of monolithic sexual identity frameworks. While sexual
orientation based anti-discrimination and equal treatment policymaking can
be interpreted as a tangible beneficial consequence of these normalizing
tendencies, it can be argued that the basic structures of discrimination
remain; just its scope veers away towards newly defined targets.
The main focus of my research is directed towards possible sources of
arguments that might be rooted in different national contexts but can also
be used at the international level, acknowledging that LGBT rights are not
special privileges but basic human rights. I want to collect these
arguments in order to present them as potential elements of future
strategies to further human rights development, especially concerning
issues of human dignity and free choice of lifestyles.