Stigma construction as a boundary to transgender people’s social rights from an international approach

Abstract

Formal equality constitutes a paramount vindication in order to achieve the state acknowledgment of LGBTI people. However, it can be observed that there is a factual platform of inequality beyond juridical norms, whereby stigma is constructed so as to impede the effective enjoyment of social rights such as education and health, among others. In this sense, the Yogyakarta Principles on the Application of Interna-tional Human Rights Law in relation to Sexual Orientation and Gender Identity illustrate the expectations of compliance with this group’s rights. Therefore, it can be noticed that these principles have attained major fulfilment throughout cases and official papers, which have emerged in different countries over last year. Then, the material analysed in this essay reflects that the stigma against sexual diversity is constructed in the immediate scope of daily life. This demands that the respect towards LGBTI people’s rights shall begin from the closest levels of domestic laws based on public policies designed with a human rights approach.