Abstract

GARRIDO, Rui. Potentialities and threats of transnational legal activism in LGBTI activism on the African continent. Cadernos de Estudos Africanos [online]. 2020, n.40, pp.115-140.  Epub Mar 14, 2022. ISSN 1645-3794.  https://doi.org/10.4000/cea.5410.

This article aims to understand how the international African courts are being mobilized by the LGBTI activism in the continent. In view of the growing legislative movements that criminalize homosexuality and the African Union’s political resistance to addressing the issue and weakening the African regional human rights system, the LGBTI activist movements adopted litigation as a new strategy. International courts are nowadays a legal arena for claiming human rights for LGBTI people. Through the analysis of recent jurisprudence in African regional courts, this article concludes that these courts are resistant to addressing these issues, revealing an ineffective strategy for activism. On the other hand, it notes that litigation is more successful in national jurisdictions.

Keywords : transnational legal activism; sexual orientation; international courts; African human rights system; litigation.

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