Constitutional safeguards not enough for LGBTQIA and gender non-conforming persons – Ashwin Raj

Constitutional safeguards are not enough as the Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, and Intersex and gender non-conforming persons with disabilities and those already in situations of vulnerability and precariousness such as sex workers face the real and daunting possibility of loss of livelihood and homelessness.

This has been highlighted by the Director of the Fiji Human Rights and Anti-Discrimination Commission Ashwin Raj, in commemorating the International Day against Homophobia, Transphobia and Biphobia.

He says more than ever, we need to recognize the inherent human dignity and humanity in others if we are going to build a just and equal world.

Raj says as the world battles to combat the COVID-19 pandemic, it is imperative to recognize that vulnerable and marginalized community such as LGBTQIA and gender non-conforming persons are at a greater risk of facing increasing inequalities, discrimination, loss of livelihood and family violence.

He says section 26(3) of the Constitution gives the state and society an important responsibility in ensuring that prevailing stereotypes and entrenched prejudices, structural inequalities and barriers do not lead to increased violence and discrimination against persons with diverse sexual orientations, gender identities, gender expressions and sex characteristics in the context of this global pandemic.

Ray says the theme for this year’s International Day against Homophobia, Transphobia and Biphobia celebration “Breaking the Silence” is particularly significant in the context of the COVID-19 pandemic.

He says restrictions to fundamental rights and freedoms to meet the legitimate aim of public health also pose a greater risk of exposure of the LGBTQIA and gender non-conforming community to family violence.

Raj says this includes verbal, physical and sexual abuse, hate speech and bullying, economic vulnerability, discrimination in securing gainful employment, accessing social protection schemes and access to justice when in conflict with the law.

Ray says violation and discrimination faced by the LGBTQIA+ and gender non-conforming communities are equally inter-sectional.