Brokering Sexual Orientation and Gender Identity: Chilean Lawyers and Public Interest Litigation Strategies

Abstract

Rights gains for members of lesbian, gay, bisexual, transgender and intersex (LGBTI) populations in Chile have been highly contentious since democratisation, indicative of the stigmatisation directed towards non‐normative gender and sexual identities. This article addresses the role of activist lawyers pursuing LGBTI rights cases through the courts, and draws on McAdam and colleagues' (2001) concept of a ‘broker’ to examine the lawyers' roles in linking previously unconnected sites within the judiciary and further afield. The analysis draws these processes together through interactionist perspectives of meaning‐making and how they relate to stigma, deviancy and identity.

Broadening understanding of accountability ecosystems in sexual and reproductive health and rights: A systematic review

“…These studies interpret the State’s role as duty-bearer to implement national and sub-national accountability strategies to protect citizen’s economic, social and cultural rights. These tended to be examples of NGOs, both progressive and conservative ones, use of strategic litigation or public interest litigation as an instrument to enforce accountability for infringements of human rights, for example in Chile [ 46 ], Argentina [ 40 ], China [ 20 ], Harayana state in India [ 43 , 45 ]. In the second sub-theme, accountability for upholding constitutional rights, there was a particular focus on the protection of specific economic, social and cultural rights as outlined in the constitution, namely in South Africa, Nigeria, Malawi, Somaliland and Kenya [ 27 , 44 , 47 – 49 , 55 ].…”

“…A number of studies revolve around decision-making processes and the implementation of laws, policies, programmes and guidelines [ 23 – 25 , 26 , 37 , 54 , 55 ]. Another set of studies focus on civil society organisations, preparing or bringing cases on the violations of sexual and reproductive health and rights before court [ 35 , 40 , 42 – 43 , 46 , 51 ]. Finally, a group of studies focuses on the role of the courts and the possibilities within the respective countries’ constitutions to protect access to reproductive health and LGBT access [ 27 , 44 – 45 , 47 – 50 , 55 ].…”

Necessary but not sufficient: a scoping review of legal accountability for sexual and reproductive health in low-income and middle-income countries

“… 24 82–85 Similarly, the child marriage articles discuss the extent to which laws prohibiting child marriage have the desired effect 86 and the reasons for failure to implement the law. 87 The LGBTQ+ rights articles describe the rationale and impact of legal strategies 16 and the gap between constitutional protections and reality. 88 The three articles related to maternal health focus squarely on the application of a legal strategy, the lessons learnt and the impact.…”

“…150 151 Even here, though, advocates need to consider political concerns when developing strategic cases, such as how judges and the public will interpret the case. 16 …”

“…150 151 Even here, though, advocates need to consider political concerns when developing strategic cases, such as how judges and the public will interpret the case. 16 In addition to politics, several papers addressed what they described as political will in ensuring the implementation of case and statutory law. Political will was shaped by particular individuals in leadership positions, 60 as well as the government's desire to meet public health objectives 37 61 62 and international treaty commitments.…”