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All the Dead Boys Look Like Me

Navigating Legal Landscapes on the Rights of Sexual Minorities in West Africa

In: International Journal on Minority and Group Rights
Author:
Olalekan Moyosore Lalude PhD, Faculty of Law, Wisconsin International University College, Kumasi, Ghana

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Abstract

Nigeria criminalised same sex marriages in 2014 which put a state approval to homophobic violence and discrimination. Just in 2021, Ghana made a similar and even more dangerous move towards homophobia when its parliament had a bill proposed towards the criminalisation of the advocacy for gay people and would legitimise prosecution of the members of the lgbt+. These developments have left sexual minorities vulnerable by making them open to attacks from homophobic people and creating institutionalised discrimination. Through a phenomenological research approach, this study would examine how legal frameworks influence the recognition and protection of rights for sexual minorities in Ghana and Nigeria. Unstructured interviews with members of the lgbt and human rights advocates would be conducted both in Nigeria and Ghana. Content analysis, especially conceptual analysis, would be done on the Constitution of the Republic of Ghana 1992 and the Constitution of the Federal Republic of Nigeria, human rights norms, journal articles and other secondary materials. This study would conclude that homophobia cedes state agency to non-state actors and undermines the right to life as protected in the Ghanaian and Nigerian constitutions. Strategies for advocacy against homophobia and for the protection of the rights of sexual minorities would be recommended.

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