The revolution of ´those who have no part’: an approach to the debate regarding sexual orientation, gender identity and discrimination

At the outset, this paper addresses the advances achieved in the human rights protection systems and in Latin American legislations with regard to discrimination due on the grounds of sexual orientation and gender identity. The paper also analyzes the elements of universal equality, in particular relating to sexual orientation and gender identity, as well as three challenges faced in establishing this construction. First, the article reviews the notion and limitations that modernity has placed on the concept of “man”, which have, throughout history, allowed various kinds of discrimination against certain groups. Second, the limitations of legal discourse, as well as its political dimension (despite its sometimes neutral appearance), surface when dealing with topics related to discrimination due to sexual orientation. Third, the article focuses on the importance that arguments based on naturalism have had in the treatment of judicial decisions on cases related to homosexuals, transexuals or transvestites rights holders. To conclude, the article suggests that the road to be taken should move from a prism of pathology to one in which the autonomy of individuals is recognized.