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

Abstract

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

Suggested Citation

Kretz, Adam, Is Aid Conditionality an Answer to Antigay Legislation? An Analysis of British and American Foreign Aid Policies Designed to Protect Sexual Minorities (December 1, 2012). Vienna Journal of International Constitutional Law, Vol. 7, 2013. Available at SSRN: https://ssrn.com/abstract=2183810 or http://dx.doi.org/10.2139/ssrn.2183810

Adam Kretz (Contact Author)

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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