Is Aid Conditionality an Answer to Antigay Legislation? An Analysis of British and American Foreign Aid Policies Designed to Protect Sexual Minorities
Vienna Journal of International Constitutional Law, Vol. 7, 2013
25 Pages Posted: 3 Dec 2012 Last revised: 28 Feb 2013
Date Written: December 1, 2012
This Article examines several emerging questions in international law. First, is aid conditionality that takes into account the treatment of LGBT people an effective mechanism to foment changes to antigay laws in other nations? If so, have the recent decisions to do so announced by the British and American governments an appropriate way to institute these policies? After examining both aid policies and the attendant negative reactions to those policies by foreign governments, I conclude that the policies, while well intentioned, are not constructed in a manner that would encourage the bootstrapping-up of rights for LGBT people in countries threatened with decreased aid. The Article concludes with a functionalist critique of the aid policies and explores ways in which the governments, if serious about taking action to improve the lives of LGBT people in antigay nations, could better effectuate that goal.
Keywords: international law, sexual orientation, LGBT rights, foreign aid, aid conditionality, United States, United Kingdom, human rights in Africa
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