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(1 - 4 of 4)
The strong global trend of prohibiting employment discrimination based on sexual orientation
Waaldijk, C. 2021
The strong global trend of prohibiting employment discrimination based on sexual orientation
Article / Letter to editor
open access
2023-12-31T00:00:00Z
Over the last 30 years, more than 85 countries have prohibited sexual orientation discrimination in employment. Enacting such legal prohibitions has thereby become the most common form of legal... Show moreOver the last 30 years, more than 85 countries have prohibited sexual orientation discrimination in employment. Enacting such legal prohibitions has thereby become the most common form of legal recognition of homosexual orientation (more so than the decriminalisation of homosexual sex or the opening up of family law to same-sex partners). The trend is global (ten countries in Africa, more in Asia/Oceania, many in Europe and the Americas). The trend is reflected in supranational rules of the European Union and the Organisation of American States and also in decisions of international human rights bodies. On the basis of these numbers and developments, and in light of the various factors that help explain the strength of this global trend, the author argues that it is to be expected that the trend will continue to reach more and more countries. Explicit legal prohibitions of sexual orientation discrimination in employment can play a useful – perhaps central – role amongst other legal, educational, and social strategies aimed at increasing LGB inclusion.This article in the Dutch Journal for Gender Studies (Tijdschrift voor Genderstudies, https://www.aup-online.com/content/journals/13883186) is based on a presentation the author gave at the international conference on LGBTIQ+ Workplace Inclusion (Leiden University, 20-21 May 2021). See also the video recording of this presentation at: https://video.leidenuniv.nl/media/t/1_jiu0iuyw (part 1, 15 minutes) and https://video.leidenuniv.nl/media/t/1_qytk06b6 (part 2, 37 minutes). Show less
Global Index on Legal Recognition of Homosexual Orientation (GILRHO) - provisional data 1966-2011
Waaldijk, Kees 2019
Global Index on Legal Recognition of Homosexual Orientation (GILRHO) - provisional data 1966-2011
Dataset
open access
The Global Index on Legal Recognition of Homosexual Orientation (GILRHO), is being developed by Kees Waaldijk at Leiden University, with the help of many others. It is work in progress, covering... Show moreThe Global Index on Legal Recognition of Homosexual Orientation (GILRHO), is being developed by Kees Waaldijk at Leiden University, with the help of many others. It is work in progress, covering all 200 currently-independent countries of the world for every year since 1961.In GILRHO, for each year, countries can be given index points for eight categories of laws:  decriminalization (one point for legalization of sex between same-sex adults, and one for equalization of the age of consent), anti-discrimination legislation (one point for an explicit prohibition in the field of employment, and one for this in the field of goods and services), and couple recognition (one point for recognition of same-sex cohabitation, one for introduction of registered partnership, one for allowing adoption by same-sex partner(s), and one for opening up marriage to them). So a maximum of eight points, with a half point given if the relevant law is or was only applicable in part(s) of a country.A full description of the methodology of GILRHO, and an analysis of its interaction with GDP per capita, can be found in the open access article: MVL Badgett, K Waaldijk & Y van der Meulen Rodgers, ‘The relationship between LGBT inclusion and economic development: Macro-level evidence’ (120 World Development, August 2019, p. 1-14, https://www.sciencedirect.com/science/article/pii/S0305750X19300695). More information about the sources and construction of GILRHO is provided in the report: MVL Badgett, S Nezhad, K Waaldijk & Y van der Meulen Rodgers, The relationship between LGBT inclusion and economic development: An analysis of emerging economies (2014, Washington DC and Los Angeles, CA: USAID and The Williams Institute; https://williamsinstitute.law.ucla.edu/publications/lgbt-inclusion-economic-dev). A short explanation of GILRHO in Dutch, in relation to public opinion, can be found in the paper: K Waaldijk, ‘Van strafbaar tot huwbaar – homorecht wereldwijd’ (2015, https://hdl.handle.net/1887/37242).GILRHO has been developed on the basis of constantly improving versions of a footnoted legal dataset originally presented in the paper: K Waaldijk, ‘Legal recognition of homosexual orientation in the countries of the world’ (2009 conference The Global Arc of Justice at UCLA; Los Angeles, CA: The Williams Institute, http://hdl.handle.net/1887/14543). Since then the legal dataset has been expanded and corrected on the basis of many sources (including the annual reports on State-Sponsored Homophobia published since 2006 by ILGA (the International Lesbian Gay Bisexual Trans and Intersex Association, https://ilga.org/state-sponsored-homophobia-report). The legal dataset has not yet been published.Parts of the numerical index data of GILRHO (as they were by 2014) have now been published. First the provisional index data for 39 countries over the years 1980-2014 were published in the 2014 report by Badgett et al. (mentioned above, p.  60-61). And later the provisional index data for 132 countries for the years 1966-2011 have been published in the data file accompanying the 2019 article by Badgett et al. (mentioned above, spreadsheet in Appendix A, which also contains other data from other sources); this data file is also attached here. The published numerical index data of GILRHO and its underlying legal dataset are subject to further corrections and updates. Over the coming years, more comprehensive versions of GILRHO and of its legal dataset will be published. Show less
Vijftien jaar openstelling huwelijk - Naar een huwelijksrecht ongeacht gerichtheid en geslacht
Waaldijk, C. 2016
Vijftien jaar openstelling huwelijk - Naar een huwelijksrecht ongeacht gerichtheid en geslacht
Article / Letter to editor
open access
On the occasion of the 15th anniversary of the first legislation in the world that opened up marriage to same-sex couples (in the Netherlands, 1 April 2001) the author investigates if it would be... Show moreOn the occasion of the 15th anniversary of the first legislation in the world that opened up marriage to same-sex couples (in the Netherlands, 1 April 2001) the author investigates if it would be possible to make marriage law, and in particular filiation law, completely orientation-neutral. He bases his analysis in the travaux préparatoires of the wording of the right to marry in the Universal Declaration of Human Rights and in other human rights documents. The demonstrates that the words “men and women” in the Universal Declaration have never been intended to exclude same-sex couples from marriage. On the contrary, those words were used to emphasize the gender-neutral character of the right to marry. Nevertheless, as regards parenting even Dutch law still makes a distinction between women and men – and thereby between heterosexual and lesbian marriages (especially when the child is conceived with semen from a known donor).  The author analyses how these last distinctions can be eliminated (also with respect to surnames, and also in the interest transgenders and intersex people). He concludes that this is possible by merging the Civil Code articles on legal motherhood and legal fatherhood. The new rule could simply start with “Parent is the person who…”. And among other things it could provide that “parent” is the person who at the time of birth of a child is the married or registered partner of the person who gives birth, unless another person, with the consent of both partners, has acknowledged the child before it is born. Thereby the law would no longer distinguish between children conceived with or without a sperm donor, between children conceived with a known or unknown donor, or between children born to a lesbian or heterosexual couple. And so (Dutch) marriage law would become completely gender-neutral and orientation-neutral.  Show less
The Relationship between LGBT Inclusion and Economic Development: An Analysis of Emerging Economies
Badgett, M.V.L.; Nezhad, S.; Waaldijk, C.; Meulen Rodgers, Y. van der 2014
The Relationship between LGBT Inclusion and Economic Development: An Analysis of Emerging Economies
External research report
open access
Greater inclusion of lesbian, gay, bisexual, and transgender (LGBT) people in emerging economies is positively associated with a country’s economic development, according to this study. The... Show more

Greater inclusion of lesbian, gay, bisexual, and transgender (LGBT) people in emerging economies is positively associated with a country’s economic development, according to this study. The findings suggest that LGBT equality should be part of economic development programs and policies. The study analyzes the impact of the treatment of lesbian, gay, bisexual, and transgender people on economic development in 39 emerging economies and other selected countries, and presents findings that demonstrate a link between LGBT rights and economic output. The study uses, for the first time, the Global Index on Legal Recognition of Homosexual Orientation (GILRHO, created by Dutch law professor Kees Waaldijk) which establishes eight categories of legal recognition and protection for lesbians and gay men. The study also uses a provisional index on transgender rights.The study (online at www.usaid.gov and at williamsinstitute.law.ucla.edu) finds:

  • A positive correlation between per capita GDP and legal rights for LGB and transgender people across countries. Using a regression model to account for other factors that influence development, the relationship remains strong. One additional right in the GILRHO is associated with approximately $320 in GDP per capita, or about 3 percent of the average GDP per capita in the sample countries. An increase in GILRHO is also associated with a higher human development index (HDI) value.
  • A steady increase in the level of rights of lesbians and gay men in emerging economies. On average, the countries in the study recognized one right relating to sexual orientation in 1990. By 2011, that number increased to over three rights according to the GILRHO.

The researchers also found substantial evidence in many countries that discrimination and violence against LGBT people create economic harms for individuals that also affect a country’s economic performance.

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