LGBTQ+ People & Disasters - A Queer Human Rights-Based Critique of Vulnerability

University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Abstract: Climate change and hazard events pose an existential threat to human rights. Hazard events were traditionally viewed as ‘natural disasters’ which were beyond our control and the people caught up in them were unfortunate victims to the unstoppable force of nature. Disasters are not natural; we can choose to prevent them and assist vulnerable populations. This recognition has led to the development of a significant body of research into vulnerability which acknowledges that certain groups are more vulnerable to disasters due to a range of social factors such poverty, gender, age, disabled persons etc. (‘mainstream vulnerability analysis’). This thesis identifies a general failure in mainstream vulnerability analysis to recognise diverse LGBTQ+ populations and the systemic discrimination which often exacerbates their vulnerability in a disaster. Queer theory is used to address the limitations of mainstream vulnerability analysis. Firstly, it challenges the construction of a male-female gender binary which privileges gender conforming persons and fails to identify diverse LGBTQ+ populations. Further, it addresses the importance of incorporating queer narratives to ensure visibility of LGBTQ+ experiences and the systemic discrimination faced in disaster contexts. Finally, it highlights the need to incorporate intersectional and multidimensional understandings of vulnerability to address systems of heteronormative subordination which privileges heterosexuality as the norm and excludes LGBTQ+ experiences. The limitations of mainstream vulnerability analysis are reflected in disaster risk reduction policy, planning and implementation. LGTBQ+ populations are rarely considered in disaster risk reduction with gender segregated emergency accommodation and sanitation facilities, an inability to access basic healthcare, and harassment by authorities the norm in many States. These narratives pose a significant challenge to the universal protection and promotion of basic dignity and rights in disasters. International human rights law has taken an increasingly active role in addressing vulnerability in disaster contexts. This thesis explores the role of the Council of Europe, the United Nations, and the Yogyakarta Principles in addressing vulnerable LBGTQ+ populations. In practice, international human rights law tends to reflect and reinforce the limitations of mainstream vulnerability analysis by failing to recognise the diversity of LGBTQ+ experiences and the power of systemic heteronormative subordination in denying basic rights. These critiques provide an opportunity in this thesis to reimagine the role of human rights in addressing vulnerability, to construct a queer human rights-based approach capable of addressing the limitations of mainstream vulnerability analysis. Ultimately, this thesis promotes the basic tenets of international human rights law in mainstream vulnerability analysis. Universality, equality, and non-discrimination should apply to all people, at all times, and in all places.

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