Brazil, India, South Africa: Transformative Constitutions and Their Role in LGBT Struggles
Year: 2015
Type: preprint
Abstract: This paper will consider whether LGBT rights are best seen as drawing from a wider notion of struggle. To make this point, the present paper will first map the role that pioneers of democratic struggle, whether Luis Gama in Brazil, Mahatma Gandhi in India or Nelson Mandela in South Africa, have played in setting in place an understanding of transformative democracy. It will be argued that this foundational struggle has had an imprint upon the constitutional framework in those countries and hence makes it possible for the Constitution to be transformative. This paper then argues that a successful LGBT articulation in each of these countries draws upon these histories of resistance, be they against colonialism in India, racism and military rule in Brazil or apartheid in South Africa.
Source: SSRN Electronic Journal
Author: Arvind Narrain
Institution: Alternative Law Forum
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W278373603