Philosophical and Legal Foundations for LGBT Rights

25 Pages Posted: 7 May 2020

See all articles by Damir Banović

Damir Banović

University of Sarajevo - Faculty of Law

Date Written: April 11, 2020

Abstract

The article deals with philosophical and legal foundations for LGBT rights as two separate, but important ways of conceptualizing human rights. It practically seems impossible to specify what specific would that be in order to base LGBT rights different from any other individual human rights. Theoretically, I follow conceptions of human rights (and not specific conceptions). This is one of the important premises but also one of the conclusions. What seems to be a necessary step is to critically read concepts of sexuality, marriage, relationships, human goods, human nature etc. influenced both by philosophy of morals and science and to apply this different understanding in the already existing naturalistic and political concepts of human rights. Human dignity, diversity, autonomy, freedom, human nature play an important role both in explaining and founding human rights (of LGBT people).

Keywords: human dignity, lgbt rights, equality

Suggested Citation

Banović, Damir, Philosophical and Legal Foundations for LGBT Rights (April 11, 2020). Available at SSRN: https://ssrn.com/abstract=3573820 or http://dx.doi.org/10.2139/ssrn.3573820

Damir Banović (Contact Author)

University of Sarajevo - Faculty of Law ( email )

Obala Kulina bana 7
Sarajevo, 71000
Bosnia and Herzegovina

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