Constitutional discrimination protection for LGBTQ+ persons
| Quick info | |
|---|---|
| Data type | Date |
| Scale | Date |
| Value labels | not applicable |
| Technical name | cult_srg_prot_const |
| Category | Culture |
| Label | Constitutional discrimination protection for LGBTQ+ persons (CRC 1342) |
| Related indicators | |
This indicator contains policies for discrimination protection regulations for LGBTQ+ persons mentioned in the constitution.
Coding rules
This indicator contains years of introduction of laws and regulations (enactment). If a law or regulation has yet to be introduced for the entire legislative territory but has been introduced for distinct cities or regions, the first law for any area is coded as an introduction. For example, Civil unions and domestic partnerships for same-sex couples in Canada have been introduced to Nova Scotia and Manitoba in 2001, but have yet to be introduced to the entire country of Canada itself. Therefore 2001 is coded here. If, however a regulation has been introduced for the entire country, this instance overrules the regional introduction, even if the regional regulation was introduced earlier. In Argentina, civil unions were introduced for the entire country in 2015, however, in the city of Buenos Aires as well as the Rio Negro Province, this regulation has been introduced in 2003. In this case, 2015 was coded, as it covers the entirety of the country. If there were never any laws regarding an issue, the indicator is coded with 9999, regardless of actual practice.
The distinction between constitutional protection and broad protection laws This distinction between regulations to non-discrimination has been adopted from the ILGA State-Sponsored Homophobia Report (Mendos et al. 2020). The distinction allows differentiating between non-discrimination laws adopted into a countries’ constitution and non-discrimination or protection laws adopted at a later point. The latter is coded in the indicator “broad protection laws” and often contains regulations with small laminations, for example only applying to certain instances. Constitutional protection laws in contrast are written into the country's fundamental legal regulations, and, while being a newer phenomenon and only applying to only recently funded states, these are more stringent regulations that apply to the entirety of a country’s legal framework and forbids discrimination due to sexual orientation specifically. Broad protection laws are coded if a country explicitly states the banning of discrimination due to sexual orientation. These regulations and bills were mostly added after the 1948 Universal Declaration of Human Rights and refer to sexual orientation as a specific instance of protection as opposed to broader, unclear “all persons” regulations as they are stated in the UDHR (UN, 1948). Workplace antidiscrimination laws regulate workplace behavior such as firing and hiring as well as promotion practices specifically.
Bibliographic info
Citation: Seitzer, Helen, 2022: Rights and Legislation for LGBTQ+ Persons: Regulata (Relationship regulations data), SFB 1342 Technical Paper Series/13/2022, Bremen: SFB 1342 https://www.socialpolicydynamics.de/f/5d851fd641.pdf
Related publications: Seitzer, Helen. 2022. “The Diffusion of Workplace Antidiscrimination Regulations for the LGBTQ+ Community.” In Networks and Geographies of Global Social Policy Diffusion: Culture, Economy, and Colonial Legacies, edited by Michael Windzio, Ivo Mossig, Fabian Besche-Truthe, and Helen Seitzer, 227–253. Cham: Springer International Publishing https://doi.org/10.1007/978-3-030-83403-6_9.
Misc
Project manager(s): Fabian, Besche-Truthe, Michael, Windzio, Helen, Seitzer,
- Version 0.001: Initial release
Revisions: No revisions yet
Sources
The information collected in this dataset was collected and validated from the sources listed below and collected in early 2022. As some of the sources are conflicting, even citing different legal text, the earliest and most explicit text was used.
- https://ilga.org/state-sponsored-homophobia-report
- https://en.wikipedia.org/wiki/LGBT_rights_by_country_or_territory
- https://internap.hrw.org/features/features/lgbt_laws/
- https://www.humandignitytrust.org/lgbt-the-law/map-of-criminalisation/
- https://www.equaldex.com/
- Mendos, Lucas Ramon, Kellyn Botha, Rafael Carran Lelis, Enrique Lopéz de la Penna, Ilia Savelev, and Daron Tan. 2020. “State-Sponsored Homophobia 2020: Global Legislation Overview Update.” Geneva.
- “Universal Declaration of Human Rights.” 1948. Paris: UN General Assembly.
