Ladies and Gentlemen,
Nonetheless, it is during such situations of dilemma that
one has the opportunity to deeply interrogate their values, beliefs and guiding
principles.
As I went through my thoughts on the issue of sexual
identity, I remembered a previous public debate event on abortion that ended up
in disarray due to an almost physical confrontation between pro choice and
pro-life activists. This and many other incidences bring to the fore the high
levels of intolerance for divergent views that permeates all sectors of our
society. We are so intolerant to divergent views that our guiding mantra in
both sexual and non sexual issues seem to be that anyone that is contrary to
our views is an enemy or needs to be forced to ascribe to our view.
Is sexual identity a human rights issue?
I subscribe to the affirmative view that sexual identity has
everything to do with human rights.
To clearly discern the question whether sexual identity is a
human rights issue, it is important to put into context what is meant by ‘human
rights’ and sexual identity.
Human rights are entitlements that
all human beings have by virtue of the fact that they are human beings. Basic
rights and freedoms belong to people; unfortunately rights are not always
respected.
Sexual identity refers to a person’s
perception of their sexuality and is closely related to sexual orientation,
which refers to a person’s expression of sexuality based on individual
preferences. Hence, sexual identity and orientation is a matter of personal
choice and preference and in which regards people define and express themselves
as heterosexual, homosexual, bisexual, asexual etc.
In the context of human rights, sexual identity and
orientation falls under the category of sexual rights. Sexual rights include
right to live ones sexuality without fear, shame, false belief and other
impediments, right to choose sexual partners without discrimination, right to
be free and autonomous to express sexual identity and orientation, right to
express sexuality independent of reproduction, right to information and means
to make decisions, amongst many other rights.
In sexual rights discourse, sexual
identity and sexual orientation is one of the most controversial themes. On the
one hand we have respect for diversity and individual choice at the core of what
is meant by sexual rights and on the other hand there are also certain moral
codes and values in all societies on what is right or wrong, what is
permissible or not permissible. On matters of sexuality, it is not always the
case that the individuals’ choice conforms to the admissible societal
constructs of the same. People who have chosen a sexual orientation different
from the perceived ‘right’ orientation go through untold suffering ranging from
negative labelling, stigmatisation, murder, sexual violations, jail terms etc.
However, I believe that while societies have the responsibility to determine
and establish their values and morals, these should not be codified as to
impose sanctions that are not universal to all human beings or specific beliefs
that serve to deny fundamental individual rights and freedoms.
As a person truly committed to human
rights principles, I associate myself with human rights protection and
promotion. In which case, I recognise and acknowledge that every person has the
right to determine and express his or her sexuality free of discrimination for
as long as there is consent on the part of everyone involved. In this sense,
any restrictions on the individuals’ choices on their sexuality amount to
discrimination based on sexual orientation and a denial of their human right of
choice on their sexuality.
However, despite being a proponent of the human rights
approach, I like many others sometimes experience bouts of internal battles of
conflicting opinions on matters to do with sexuality and sexual rights. This is
because of the dilemma brought about by other equally central identities
including religious, cultural, and gender identities that are deeply ingrained
in us through socialisation processes. It is a challenge being objective on
sexual identity in an environment where sexual diversity is viewed with so much
hostility and discussions on sex are still viewed as taboo.
Whenever I entertain the thought
that heterosexual orientation is the only normal and acceptable sexual orientation,
I come around by questioning what right and high moral ground I have to deny
the experiences and choices of others just because they are different from
mine. I usually think, what if I was in their shoes, how would I want others to
treat me?
Sexual identity as
a social construct
Many theories have been advanced to
explain the concept of sexual identity.
In my view, sexual identity is
fundamentally a social construct. This is on the basis that not all people that
have had specific sexual attractions or behaviour actually adopt those
behaviours. Our sexual behaviour and how we define ourselves is a social
construct of personal values, experiences and expectations, which not only
implies the element of choice but of learned sexual behaviour. The practice of
homosexual behaviours particularly in secondary schools is one case in point
that indeed sexual behaviour has an element of learned behaviour.
Social attitudes are important in
affecting the development of a person’s identity; the expectations of our
parents and the society are powerful influences on how we construct our
identities including sexual identity. The ideals of how women and men, males
and females should behave and relate to each other are taught and reinforced
through a socialisation process by men and women, peers, media, community and
other social institutions. This is however not a guarantee for conformity to
the laid down ideals.
In many societal settings, social
cultural and religious norms dominate discussions on sexuality, particularly
relating to ‘correct’ sexual behaviour and relations. Sexual identity is
created and transformed by social, cultural, religious norms and values. For
instance, heterosexuality is considered and reinforced as the normal, right
sexual orientation, but also only sanctioned in certain settings. Any deviation
from this is reinforced as abnormal and consequently other sexual identities
are still characterised in stereotypical ways characterised by negative
labelling, condemnation, abuse, violation, discrimination and violence.
The construction of sexual identity
is at its most dynamic period at adolescence, and is characterised by sexual
identity confusion and uncertainty on sexual identity. This is the stage of
sexual consciousness among young people, characterised by immense curiosity,
exploration, questioning of values, need to affirm personality as well as
psychological transformations.
There has been contention that
introducing discussions on sexuality to young people amount to encouraging them
to adopt certain sexual behaviour. However this amounts to sinking our heads in
the sand as it already evident that homosexual behaviour is widespread in
schools hence sinking our heads in the sand and behaving as if it doesn’t exist
will not address anything.
There is need for creation of
platforms to help young people be aware of diversity in sexual identities and
to provide them with accurate information on the same. There is contention that
some may have not yet reached the stage where they have developed full
consciousness of their sexual identity, however open discussions about their
sexuality and information is better placed to guard against the risk of
creating confusion in their development of a sexual identity.
There is need to develop ways of
discussing sexuality in a safe, none threatening manner. Given that we still
have weak institutional frameworks and environment for delivering rights, there
is need to frame rights language and develop ways of discussing sexuality in a
safe and none threatening manner.
Respect for diversity is fundamental
to guaranteeing enjoyment of rights by all irrespective of their identities.
Promoting spaces for discussion and understanding about sexual diversity is key
to building a tolerant society to diversity. I applaud KEFEADO for opening the
spaces for dialogue on sexual identity, as it is only through such interactions
that we can debunk the myths about sexual identity and approach such issues
within the broad parameters of respect for diversity..
Caroline Nyambura
