Teetering on the Brink of Equality: Sexual Orientation and International Constitutional Protection

Abstract

This Note will analyze the United Nations Human Rights Committee's advancement of rights for sexual minorities and show how constitutional incorporation of sexual orientation furthers this movement. Part I will define sexual orientation and the legal concept of non-discrimination and will examine extending the international human rights guarantees of equal protection and non-discrimination to include sexual orientation. Part II will examine how two countries, South Mrica and Zimbabwe, have responded to the evolution of those rights. Part III will analyze whether, in countries that do not provide constitutional protection for sexual orientation, protection similar to that provided by the South Mrican Constitution should be established. Finally, part IV will conclude that constitutional protection is a necessary mechanism to guarantee equal protection and non-discrimination for all.