LGBT in South Africa

LGBT in South Africa

The equality debate is prevalent in all societies for decades on end. Equality means eliminating all forms of discrimination based on gender, sexual orientation, race, or the abilities of a person. The people living in South Africa are victims of inequality in all sectors of the economy. It contributes to the liveliness of this debate. The law demands that there is equality in all areas of operation (Gaebel & N 74). South African authorities support the adoption of transgender laws like gender rights. The law views homosexuality as a way of expressing equality throughout the LGBT community. This law promotes the equality of human beings and believes that the rights of transgender people like other human beings should be acknowledged.

Equality recognizes individuals as people of the same ability. Ability has the skill or knowhow on a subject matter by an individual. Equality understands that individuals have different skills, and for this reason, they should treat them as people who possess these skills. Capability is creating opportunities; therefore, equality demands that the society should not discriminate against these individuals based on their abilities (Kozleski 86). Different people have different capacities, and justice requires that despite people having different capabilities, they are humans, and society should treat them as such. Equality acknowledges the abilities and skills of individuals and refuses to discriminate them.

The South African society, just like most African society is patriarchal. Before the law accepting the existence of LGBT persons, they faced specific challenges in the education system that limits their freedoms and rights in the past. It affected their performance outcomes in school. The teachers in schools were shying away from introducing comprehensive sexual education. Instead, they were delivering the subject as compulsory heterosexuality. The students were therefore made to believe that heterosexuality is the only natural sexual orientation that they should aim at (Klein et al. 57). It resulted in discrimination against homophobic individuals. The existence of a patriarchal society also discouraged educators from being vocal on issues of homosexuality. To date, not much has changed in operations, and despite LGBT recognition, they face a lot of discrimination because of their sexual orientation.

Community participation and advocacy on prevention of discrimination against sexual orientation were enacted in 1994, making South Africa one of the first countries to acknowledge same-sex relations legally. The law states that in same-sex unions, the partners have equal rights in decision making. Where one partner is incapacitated and cannot make the decision, the other partner takes over the decision making role on their behalf (Clinard & Robert 63). South Africa is one of the African countries to promote and protect the legal, social, and economic equity of all genders, LGBT included.

The South African community expresses discrimination of LGBT in all sectors of the economy; therefore, the need to provide and promote legislation that allows for their freedoms and rights. By developing and protecting the LGBT community, there is dealing with issues and concerns of these people. The apartheid constitution set precedence for the inclusion of gay, lesbians, and transgender people in the community. At that time, people of color inhabited the country as well as blacks. To protect the people of color, they enacted the law since most Africans were against the practice as the culture rebukes and condemns same-sex orientation. The constitution of 1996 recognizes equal rights for the LGBT just like any other gender. These same rights include fair treatment at the workplace while working with reasonable labor practices and no discrimination (Gaebel & N 90). The clause also suggests that transgender people be treated equally, just like men and women. This is the law, followed in its due course if the many judgments passed in its favor are anything to go by.

The Labour Relations Act of 1995 is a legislation enacted under section 27 of the constitution. The act promotes economic development, labor peace, and democratization at the workplace. It limits the firing of individuals from the workplace because of their sexual orientation. The Labour Relations Act also defines unfair labor practices in response to employers. In response to this, the act gives room for all parties involved to take up and implement their human resource policies to put it into consideration. It urges the human resources department in the workplace to keenly adapt and practice the system. The human resources department should, therefore, be at the forefront to prevent discrimination and promote equality, thus, minimizing the chances of any unlawful acts of discrimination to occur. Additionally, there is a provision for collective decision making for the protection of disadvantaged persons against discrimination (Clinard & Robert 71). Other legislations include The Employment Equity Act, 1998, and The Promotion of Equality and Prevention of Unfair Discrimination Act 2000.

The court system legalized that there should be no discrimination on people who practice homosexuality or are transgender. It further went ahead to promote same-sex marriages and defines partners in such unions as one. The court suggests that the system should not deny people who practice homosexuality the benefits of enjoying freedom of expression as other human beings. In this case, they accept and treat same-sex marriages are just like heterosexual marriages. The constitution allows for the partners in same-sex marriages to enjoy benefits like the conventional unions (Klein et al. 96). It enables the partners the autonomy to adopt a child and even explore other fertility options such as IVF. Same-sex families are legal and are here to stay. The underlying principle in this debate was that equality does not eliminate differences in opinions, and individuals rather understand the other in a humanly possible way by empathizing with the other.

In the education system, the road to accepting diversity in the education system is still an ongoing process. From the days when educators could not inform the learners on homosexuality and transgender as a sexual orientation, they can now talk about the various sexual orientations present in society. Research shows that comprehensive sexual education has the benefit of improving the knowledge and attitudes of learners on matters to do with sexual reproductive health. Gender focused approaches to sexual education in schools help improve the reproductive health outcomes of learners (UNESCO et al. 63). When students receive training on good sexual behavior for all genders, LGBT included, they can make better sexual decisions on their reproductive health. There is also an improvement in gender-equitable attitudes in students.

With the empowerment of learners and educators on matters of sexual orientation, there are immense benefits. Initially, there was discrimination on learners and educators who were transgender against lowering the self- esteem, therefore affecting education outcomes. While progress is still ongoing, transgender educators and learners are more visible to society. They can express themselves and voice their concerns on matters affecting them. It raises their self-esteem and confidence levels (UNESCO et al. 81). Although society is still grappling with this change, they are still unable to provide for opportunities for them to enjoy their unique freedoms. There is a long way to go in implementing a space where diversity in sexual orientation is allowed.

Although organizations have accepted and upheld the rights of transgender and homosexuals, there is still rampant discrimination of these individuals on an everyday basis. Despite the organizations having policies that embrace gender equality, transgender and homosexuals are yet to receive benefits of having this policy. The plans are in place, but the action is still wanting. Heterosexual humans still view transgender and homosexuals as unwanted treat them as such. Transgender and homosexuals to fit in, hide in their identity. Implementers of the law are still finding it difficult to interpret the law. In the sports arena, there is rampant homophobia on the part of homosexuals and transgender (Magrath 84). The management finds it difficult on which category to place those since the male and female categories are conventional. It creates discrimination against the athletes, and some may even shy away from participating in athletics, among other sporting events.

South Africa ensures equal protection under the law by coming up with rules that support, secure, and track human rights, those of transgender and homosexuals included. In addition to the constitution, the legal system has come up with legislative frameworks. The system allows for follow up, ensuring there is equality of the LGBT persons. The tripartite National Economic and Development Labour council consists of the government, workers, and employers and looks into the labor issues affecting this community (Klein et al. 72). The Commission for Conciliation, Mediation, and Arbitration provides room for redress to anyone who is a victim of discrimination due to their sexual orientation. The commission came up after the Labour Relations Act as an independent dispute.

The Promotion of Equality and Prevention of Unfair Discrimination Act, PEPUDA of 2000 promoted equality by prohibiting unfair discrimination.PEPUDA prevents, prohibits, and eliminates any form of unjust discrimination against individuals. The act came up in a bid to enforce justice. The law prohibits anyone from communicating any hateful words to any person based on any prohibited grounds. The communication could display any intention to hurt, harm, propagate hate, or incite the other person (Klein et al. 86). Any contact to destroy a person because they belong to the transgender or homosexual genders constitutes hatred, and the perpetrators should face the due course of the law.

PEPUDA was legislated to enforce section 9 of the constitution. The Act openly condemns and prohibits harassment in public places and gives directions on how to deal with legal ways of dealing with this kind of discrimination whenever it occurs. The act establishes equality courts for dealing with unfair discrimination. The court confirms whether there was unfair discrimination as the victims are alleging (Klein et al. 49).PEPUDA requires the government to come up with actions to address unfair discrimination and work to eradicate it. PEPUDA validates unfair discrimination by establishing whether there was discrimination in the first place. It goes further compel authorities, which are charged with the protection of the citizens to prevent further discrimination. Discrimination may take place on the grounds of sexual orientation. During the enforcement of PEPUDA, the law officers characteristics that identify characteristics of bias from a wide selection of its definition.

The law also prohibits the government from initiating unfair discrimination of any kind despite being the watchdog on issues of harassment and discrimination. The act acknowledges the work of the human rights commission and seeks their assistance in determining and assessing the extent of unfair discrimination on the grounds of gender. It means that the act relies on the collective effort of different reinforcement agencies to complete its work (Klein et al. 80). By doing so, it will be promoting equality in social and economic circles.

In cases where there is discrimination based on gender, there needs the existence of reasonable discrimination. The legal system will determine the validity of prejudice based on sexual orientation. It proves that the choices of the oppressors exclude a person because of their defined anatomy that may neither be male or female. The witnesses sought for testimony may further validate the discrimination through their statements(Kozleski 73).The invalidation of an individual because of them lacking common characteristics or displaying otherwise attributes from what is the norm also provides a basis for determining discrimination. Discrimination is also substantial if there is segregation of the oppressed because of their relationship choices.

Section 8 of the PEPUDA states that no person should discriminate unfairly against the other because of their gender. This section acknowledges that there are different genders, homosexuality, and transgender included, therefore respecting diversity. Specifically, section 8(d), states that no person should cause unfair discrimination. Even the authorities tasked with protecting people should acknowledge and preserve the dignity of its people regardless of their gender. It means that people should avoid any practice that impairs the pride of any gender at all costs. The section also acknowledges that human beings of any gender are human and, therefore, should receive treatment with the dignity that they deserve (Kozleski 54). Despite the legislation and its provisions, there is room for a lot of work. The cases of discrimination of transgender and homosexuals are still on the rise.

The South African government is working to make healthcare accessible to all LGBT despite the existing homophobia. The barriers of LGBT to accessing healthcare depend on their sexual orientation. When combined with the current deplorable state of the healthcare sector in South Africa, LGBT people are facing it rough. Whenever these people seek medical services in the hospital, the healthcare providers refuse to accord them the right healthcare because of their beliefs (Ward & Mike 69). There is minimal acceptability of these people in the healthcare setup when receiving healthcare because they receive moral judgment because of their sexual choices. Some also lack knowledge of what healthcare options there are for them in regards to reproductive health. Although they identify with discrimination, they are unable to press further for action because of fear that they will receive further judgment and prejudice. The universal health needs with quality, affordability, acceptability and accessibility are limited or non-existent in the LGBT community in South Africa.

Health laws should be impartial and fair, mainly when they concern homosexuals and transgender individuals. Human rights laws suggest that all people have the right to access health services. The ongoing campaigns and representation of transgender and homosexuals in the community have called for decisive affirmative action with regards to the health rights of these groups of people. The violation of their right to access healthcare is addressed by vocal bodies that voice their worries and fears (UNESCO et al. 71). The United Nations has vehemently condemned discrimination of LGBT. The UN Human Rights Committee monitors compliance with the International Convent on Civil and Political Rights. The law represents the LGBT people as human beings and monitors to see that they can access healthcare just like other human beings. They ensure that these groups receive the necessary education on their reproductive health, which is what any health-related human right does.

Mental health is an essential aspect of health that requires attention. There is still an open stigma towards LGBT individuals. The harsh environment they have to live in socially has retreated some of them back to the closet, and they live in denial of their real sexual identity. These factors, among others, significantly affect their mental health and well-being. To deal with their health, checking their mental health is the first step towards a healthy individual. Representation of relevant mental health needs for LGBT requires the health system to subsidize the cost of mental health to improve access and coverage. The LGBT are already a minority group if the discrimination they face is anything to go by (Ward & Mike 68). The action that provides a voice for the LGBT in South Africa is calling out the government and partners in health to provide mental health services for LGBT as the first step of care.

Continuous denial and stigma of the LGBT may, in severe cases, lead to psychological health disorders, which may affect their general physical health. To ensure they promote and secure the rights of individuals, the system considers their sexual orientation. To support chronic care services of psychological health, the systems assess the psychological health disorders to determine their extent. They then draft interventions to treat the diseases in a culturally acceptable manner (Ritchie & Bryan 19). Methods to rehabilitate the affected LGBT individuals back into the community are in place through extensive counseling for the affected. Chronic psychological disorders may include addiction to drug and substance abuse and infection with HIV and other Sexually Transmitted Infections. Representation of these issues contains extensive counseling and assistance to access antiretroviral therapy.

Transgender and homosexuality in the community is an issue that is here to stay. The constitution recognizes that these are issues that are present and relevant in society. In medical school, the topic of transgender healthcare is limited. Research shows that over the entire period of study in medical school, students spend less than 10 hours to study transgender health. Although a more significant percentage of schools offer lessons on transgender health, very few deliver on the topic of gender-affirming health (Martin et al. 70). Despite the increased attention of the education system to develop a curriculum on transgender healthcare, many medical schools are still yet to uptake this issue. The LGBT in the community, therefore, shy from stepping into hospitals because of the dilemma that medical doctors, among other health practitioners, have in diagnosing and treating them. The medical schools in South Africa are working to improve the quality of education in medical schools to accommodate issues of transgender health.

Equipping healthcare professionals with the necessary skills for treatment and diagnosis in transgender individuals will eradicate the practice of transgender individuals training healthcare practitioners on transgender care. Research shows that they lack these skills. In a diverse environment, medical practitioners must diversify and include quality patient care. To realize quality care, LGBT patients need to feel safe in the examination room (Ward & Mike 59). They are instilling confidence in them that the doctor understands their healthcare needs and is working to deliver them effectively and promptly. Doctors should also center the treatment session on the needs of patients to include them. When these patients feel their needs are covered and embraced, they can contribute to their well-being, and the result is improved health outcomes for the LGBT. The government and partners are investing in care for these individuals for equity in healthcare delivery services.

The social environment in schools, public places, and towns are still in denial of the reality of transgender and homosexuals. The stigma and discrimination towards these individuals bring about negative consequences of psychological and physical impairment. The immoral view by the society of the LGBT creates further disparity between heterosexuals and homosexual individuals; therefore, creating more negative health outcomes (Russell & Stacey 100).In improving the healthcare of the homosexuals and transgender, community education and participation is necessary.

Society shapes culture through the information its media feeds the people. The information spread in African countries portrays LGBT as outcasts in the community. The communication systems in place describe the issue of LGBT positively, therefore, affecting the individual and societal perception of these individuals. The transgender and homosexuals can now organize and seek representation in various areas of operation in the economy (Ireton & Julie 57). The South African system is setting the precedence for LGBT issues in African society. It is a matter of time before other African countries catch up.

Works Cited

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