THE SIGNIFICANCE OF HUMAN RIGHTS IN THE CONTEXT OF HOMOPHOBIC AND TRANSPHOBIC HATE CRIMES
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Abstract
This article analyzes the connections between human rights and ethics with hate crimes and incitement related to homophobia and transphobia, revealing the problems in ensuring human rights in the context of these crimes. The research problem in this article is the insufficient theoretical clarification of concepts related to hate crimes based on homophobia and transphobia, as well as the problems arising in practice in ensuring human rights, specified by these questions: how are hate crimes based on homophobia and transphobia defined? What human rights problems arise in the context of hate crimes based on homophobia and transphobia? The novelty of the topic is based on the need to extensively discuss the concepts of hate crimes based on homophobia and transphobia, and the human rights issues that arise in the context of these crimes. It is noted that the rights of individuals affected by hate crimes and incitement related to homophobia and transphobia are not sufficiently ensured. Object of the research: the significance of human rights in the context of hate crimes based on homophobia and transphobia. Aim of the research: by discussing the characteristics of hate crimes based on homophobia and transphobia, to reveal the significance and problems of human rights emerging in the context of these crimes. Research objectives: 1. To reveal the concepts of hate crimes based on homophobia and transphobia; 2. To highlight the human rights problems arising in the context of hate crimes and their incitement based on homophobia and transphobia. Research methods: method of analyzing scientific literature, method of analyzing legal acts, summarization. The article concludes that crimes considered homophobic and transphobic hate crimes can include intimidation, damage to personal property, threats, assaults, health impairment, or even murder, as well as any other criminal act where the victim is chosen specifically because of their actual or perceived sexual orientation or gender identity. Homophobic hatred is the fear or anger felt towards homosexual or bisexual individuals. Transphobia is a negative attitude exhibited by society and individuals towards people who do not conform to prevailing gender norms, manifesting as prejudice, disgust, fear, and/or hatred. Transphobia can be directed against transgender and transsexual individuals. No person can be discriminated against based on their sexual orientation or gender identity. Regarding the equal human rights that belong to all individuals, it can be highlighted that the rights of homosexual, transsexual, and transgender persons to freedom of expression and assembly, family rights, and the right to gender change are not always fully ensured.
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