As one of the most progressive countries in terms of progressive policies on LGBTQ rights, South Africa remains the only country on the African continent that explicitly prohibits discrimination against LGBTQ people. This has even been enshrined in the country’s constitution. But despite this unprecedented progress made in the country’s laws, LGBTQ rights remain largely unfulfilled in South Africa.
This article discusses the unfulfilled promise of LGBTQ rights in the country and explores what can be done to bridge the gap between law and reality for the LGBTQ community in South Africa.
Social Struggles of the LGBTQ Community in South Africa
South Africa boasts of one of the most progressive constitutions in the world. It outlaws discrimination against members of the LGBTQ community. Additionally, the country has allowed for same-sex marriages since 2006. But recent research conducted on the ground indicates that LGBTQ people have still not experienced total emancipation from discrimination and persecution in South Africa.
Experiences of Discrimination
According to research by The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), discrimination against LGBTQ people is still a major issue in South Africa. This includes verbal, physical and emotional abuse, as well as reports of vendors turning away LGBTQ customers. Other forms of homophobic discrimination include bullying and hate speech against LGBTQ people.
LGBTQ People at High Risk of HIV/AIDS
Despite their social struggles, the sound of LGBTQ people impacts their risk of contracting HIV/AIDS. For instance, a study conducted by the Human Sciences Research Council (HSRC) revealed that one in three members of the LGBTQ community were living with HIV/AIDS in South Africa. This could be attributed to the fact that members of the LGBTQ community are more likely to engage in risky sexual activities and are more likely to face rejection by partners due to their sexuality.
Legal Protection Still at Risk
Despite constitutional protections, the rights of LGBTQ people are still under threat in South Africa. This can be seen in the recent attempt to challenge the ruling on same-sex marriage. In addition, the Employment Equity Amendment Act of 2014 has allowed employers to refuse employment to certain LGBTQ individuals on the basis of their sexual orientation. Other reports have also indicated that legal recognition is still lacking for same-sex couples and a lack of legal recognition of gender identity is still present in South Africa.
The Role of the Media in Upholding LGBTQ Rights
Despite the threat of legal recognition, the media can play an important role in upholding LGBTQ rights in South Africa. Research by the Global Media Monitoring Project (GMMP) found that nearly all print media in South Africa in 2020, portrayed LGBTQ people negatively. This lack of representation of LGBTQ people accurately in the media undermines LGBTQ rights.
The media should strive for more balanced reporting of LGBTQ issues and focus on reporting stories about LGBTQ rights instead of focusing on fear-mongering and negative stereotypes. news outlets should also be aware of the language they use when reporting on LGBTQ issues and strive to use inclusive language and respect the identities of all LGBTQ members.
The Role of Government in Upholding LGBTQ Rights
The South African government has made a commitment to protecting the rights of the LGBTQ community. But there is still much to be done to ensure that LGBTQ people in the country are not discriminated against and are able to live their lives with dignity and equal protection under the law.
The government should focus on providing more resources to vulnerable LGBTQ people in the country, including refugees and sex workers. Additionally, the government should strengthen and enforce existing anti-discrimination laws to ensure that LGBTQ people are not at risk of being targeted and persecuted.
South Africa has made significant progress in terms of its legal protection of the LGBTQ community. But the reality is that LGBTQ people still face immense challenges and discrimination in their daily lives. This discrepancy between law and reality should be addressed if LGBTQ rights are to be fully realized in South Africa. The media and government should both play a role in ensuring that LGBTQ people are able to fully exercise their rights and live their lives with dignity and respect.
