Arimoro, Augustine ORCID: https://orcid.org/0000-0002-8698-9328 and Musa, Habiba (2022) Sub-Saharan Africa and the Politics of Same-Sex Relationships: Human Rights vs. Criminal Law. In: Global Perspectives on the LGBT Community and Non-Discrimination. IGI Global, USA, pp. 161-183. ISBN 9781668424285

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Abstract

The argument in support of the rights of sexual minorities in sub-Saharan Africa should be secondary to the argument for the decriminalization of consensual same-sex intimacy. So long as sexual minorities are classed as criminals and deviants, it might be difficult to champion sexual minority rights as a human right. This chapter adopts an approach that queries the criminalization of same-sex sexual conduct among consenting adults in private. The chapter discusses crime from the perspective of the criminal law theories of harm, morality, and paternalism. It is argued in the chapter that because states determine what rights are guaranteed within their jurisdiction, if states can rethink what conduct of behavior should be criminalized, then states might guarantee sexual minority rights as human rights. The chapter recommends repealing laws criminalizing consensual same-sex sexual conduct among adults in the states in sub-Saharan Africa.

Item Type:	Book Section
Identifier:	10.4018/978-1-6684-2428-5.ch008
Subjects:	Law and criminal justice > Law
Depositing User:	Dr Augustine Arimoro
Date Deposited:	20 Sep 2024 08:41
Last Modified:	20 Sep 2024 08:41
URI:	https://repository.uwl.ac.uk/id/eprint/12529

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