Contesting Uganda's legislative homophobia in the African court on human and peoples' rights: Substantive and procedural challenges
In many societies, a division between genders exist. This differentiation is attributed to a patriarchal culture which creates gender norms in sexualities.1 A set of cultural practices and expectations exist; these cultural practices and expectations assume that heterosexuality is the cornerstone of social unions - this phenomenon is known as heteronormativity.2 Heteronormativity affords that there are only two sexes with predetermined gender roles,3 creating the homophobia in societies. Human rights infringements on the basis of gender identity and sexual orientation has become noticeable across Africa.4 Homophobia in Africa is linked to the codification of laws that infringed on human rights under colonialism, which still forms part of the current norms around sexuality.5 Homosexuality is prohibited and is unlawful in most of the countries in Africa, South Africa being the only country that allows for the legal union of same-sex couples.6 There have been a number of academic texts debating the importance of culture against the right to equality in the South African context; 7 however, there is an inadequate amount of academic text available about this topic on an African level. Therefore, an ongoing debate about the protection of "sexual minorities" contrasted with the protection of cultural rights exists on an international scale. 8 The rights of sexual minorities are disregarded too often and they are often denied equal and fair access to the law. A large number of African countries believe that homosexuality is un African,9 thus choosing to exclude lesbians and gays from citizen rights. 10 Due to this belief, the practice of homosexuality in Africa is seen one that goes against the morals and values of the majority of society. This creates a stand-off between cultural rights and equality rights of sexual minorities.