Concept of ‘sexual orientation’ vague and subjective
Together with the writer of the letter, “A matter of time before human rights pertaining to ‘sexual orientation’ become codified as law” (Oct 4), I affirm Article 1 of the Universal Declaration of Human Rights.
However, I do not share his perspectives on the issue of sexual orientation.
“Sexual orientation” is a concept that emerged in the 19th century, which still remains vague and subjective today.
It can refer to one’s self-understanding, temporary or lasting inclinations, or certain forms of sexual lifestyles or partnerships.
This creates serious conceptual and legal difficulties because many people cannot be accurately characterised across all these dimensions.
Its shifting meaning, when unthinkingly coupled with the principle of non-discrimination, would potentially upend inherently gendered institutions like marriage and family — the basic building block of society and stable framework for children's upbringing.
It may also have censorious effects upon the freedom of speech and conscience of individuals and groups who uphold these values.
Although various councils and committees under the United Nations (UN) have endorsed sexual orientation and gender identity as categories of non-discrimination, these organs of the UN are not sources of international law.
Such questions remain matters to be decided by individual sovereign states.
The writer has made the mistaken assumption that history is inevitably headed in a particular direction towards the acceptance of sexual orientation and gender identity as human rights under international law.
History does not necessarily evolve in one way or another. It is ultimately an impersonal and contingent sequence of events, which depend on human deliberation, choice, and action.
All human beings have inherent dignity and equal and inalienable rights.
Yet, at the heart of these political and legal debates lie deeper questions which confront each of us. These include questions such as what it means to be human, the place of sexuality in the meaning of life, and whether it is appropriate to characterise individuals on the basis of their sexual desires or feelings.
No one can gainsay that the answers to such questions have far-reaching implications on our individual lives, families, societies and the political order.
