International Human Rights Law and Anti-LGBTQ+ Legislation in Africa: Assessing the Effectiveness of International Anti-Discrimination Norms in Comparative Perspective

The study looks at the effectiveness of international human rights and anti-discrimination norms to address the adoption of and responses to the anti-LGBTQ+ laws in Africa. It discusses the tension between states' duties under international human rights law and domestic laws that limit the rights and freedoms of lesbians, gays, bisexuals, transgender persons and queer individuals. The method used in this research is a qualitative comparative research (QCR) method, which is a type of qualitative research that uses doctrinal analysis of human rights instruments from the international level and regional level, laws, court rulings, policy documents, and relevant literature from countries in Africa. The results show that international human rights standards offer a rather comprehensive legal and normative basis for safeguarding people from discrimination, arbitrary restrictions and violations of their fundamental rights. But their impact on the laws of their own countries is not consistent. State sovereignty claims, constitutional and legislative opposition, religious and cultural interests, inadequate enforcement measures and access to effective regional and international remedies represent important constraints. Comparative evidence also shows that the effect of the international norms is more pronounced when domestic courts, regional institutions, civil society organisations and other accountability mechanisms actively bring international requirements to bear on their rights protections in domestic law. The study ends by suggesting that international anti-discrimination norms remain good tools for the fight against discriminatory laws, but that they need to be better implemented, engaged, held accountable and promoted in the international and regional arenas, in order to have any meaningful effect on the lives of LGBTQ+ people in Africa.