Human rights: Protecting sexual minorities or reinforcing the boundaries of ‘the closet’?

ABSTRACT

In this article we problematise the fact that human rights legislation, whether intentionally or otherwise, reinforces binary categories such as ‘heterosexual’ or ‘homosexual’. This form of ‘othering’ highlights the incongruence between what the legislation offers and sexual minorities’ lived experiences. We argue that human rights thus constitute a double-edged sword that may discourage ‘coming out’. Our critique of human rights is based on the findings of a research project in which 1 086 pre-service teachers across six national public tertiary universities in South Africa participated in a survey and/or in focus-group discussions (FGDs). The survey findings suggested that participants see human rights as implying freedom, dignity and equality for all, irrespective of sexual identity. Yet, a closer analysis of the data revealed that gay and lesbian participants do not necessarily experience the freedom, equality and dignity entrenched in human rights documents. An analysis of the data from the FGDs supported this notion as it revealed homophobic ‘othering’ attitudes on the side of pre-service teachers. Finally, we reflect on the ways in which the boundaries of ‘the closet’ have been reinforced through the ‘othering’ of sexual selfhood and consider how pre-service teachers grapple with some of the complexities surrounding issues of sexual diversity in education contexts.

Keywords:

• human rights
• sexual minorities
• ‘the closet’
• ‘othering’
• pre-service teachers

Additional information

Notes on contributors

Annamagriet de Wet

ANNAMAGRIET DE WET is a senior lecturer in education law and a researcher in the Education and Human Rights in Diversity (Edu-HRight) Research Unit. She has gained experience as a lecturer and researcher in the Faculty of Education Sciences at the North-West University (NWU, Potchefstroom campus) since 2000. Her research focuses on exploring pathways towards the realisation of human rights in and through education, with a particular interest in diversity-inclusivity related to gender, sexuality, religion and culture.

Jacques Rothmann

JACQUES ROTHMANN is a senior lecturer in sociology at NWU (Potchefstroom Campus). He obtained a PhD from NWU in 2014. He specialises in gender studies, lesbian and gay studies and queer theory. He has been the convener of the Lesbian, Gay and Queer Studies Working Group for the South African Sociological Association since 2010. He has published articles on themes related to sexuality and presented papers at national and international conferences.

Shan Simmonds

SHAN SIMMONDS is a senior lecturer in curriculum studies at NWU (Potchefstroom Campus). She obtained her PhD in 2013. Some of her PhD studies were completed at the Vrije University, Amsterdam, as part of a SAVUSA scholarship. She has been the subject chair of the subject group Curriculum Studies, Philosophy and Research Methodology since 2012. Her areas of research are curriculum studies, gender studies and human rights education.