The Ethics of Fundamental Human Rights: A Call to Revisit LGBTQAI Rights in Nigeria

Introduction

The contemporary human society uses the acronym ‘LGBTQAI+’ which represents lesbian, gay, bisexual, transgender, queer, (questioning), asexual (agender) and intersex to illustrate variant sexual orientation and gender identity outside conventional union of man and woman and, the genetic and fixed set of sexual categories. Sexual orientation is the emotional attachment, affectional intimacy and sexual attraction or relations an individual has with another of a different gender or the same gender or more than one gender (International Commission of Jurists (ICJ), 2009). The object gender of one’s sexual attraction or experiences is informed by the status of one’s sexual orientation which is grouped between: - (i) homosexual, that refers to same-gender attraction, (ii) heterosexual which describes opposite gender attraction and, (iii) bisexual that recognizes both opposite and same-sex attraction. According to Shawn (2016), sexual orientation does not mean the same with gender identity because the latter differs from an individual’s birth-assigned sex. Gender identity involves an individual’s intense and persistent feeling which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender such as dress, speech and mannerism (ICJ), 2009). It is predicted through the use of gender roles indicators and other classification such as instrumental and expressive traits (Ribeiro, Moreira, Coelho, Pereira, & Almeida, 2018). In gender identity, there is a transgender whose deeply held sense of gender is different from the physical characteristics at the moment of birth, agender whose gender identity does not identify with any particular gender and a transsexual who has undergone physical or hormone modifications by surgery or therapy in order to assume new physical gender characteristics. Gender identity as well may or may not be in proportion with cisgender (A person whose gender identity matches that society regards as appropriate to their sex, i.e. someone who is not transgender) because it reflects in the personal behavior, dressing style, mannerisms, pattern of speech, social activities and interactions. However, variant sexual orientation is not confusion about one’s own sex and erotic partners rather attraction towards members of the opposite sex. The whole moral concern about variant sexual orientation and gender identity outside the conventional ones is that, they oppose the natural orders of matrimony and human sexuality (Okoro, 2005, Ibanga, 2012).

With the inception of 21^st century, the issue of variant sexual orientation and gender identity/neutrality become a serious concern. People of variant opinion experience marginalization and discriminatory hate crimes. Okpadah (2020) in his words notes that: - “the criminalization of LGBT has made the gay community subaltern in their own societies.” This is evident within particular occupations where LGBTQAI⁺ are barred from accessing normal services such as medical/health, promotion, recruitment and deployment services. In the families, children of same-sex couples and LGBTQAI⁺ young adults are neither disowned nor rejected which results to homelessness. They also face multiple challenges particularly in matters of help and consent which even result to extensive homophobia, biphobia, transphobia, greater mental ill health and unwanted/risky sex. The older people among them are fretful about the implications of ageing in matters of care needs, independence and mobility, health, housing and mental health. All lead to homophobia and heteronormativity (the assumption of heterosexuality in the treatment of people and the provision of services) (Hudson-Sharp & Metcalf, 2016). As a community, LGBTQAI⁺ people face substantial hostile environment – at home, at school, in working places and in the wider society. These ill-treatments seem to be prevalent among regions that have anti-same sex policies/traditions or states that are yet to recognize right to variant sexual orientation and gender identity. The form in which this principle of fundamental human rights is expressed in most regions of the third world draws attention on the situation of LGBTQAI⁺ rights in Nigeria.