Table Of ContentTransnational Advocacy
Networks and
Human Rights Law
This book asks the fundamental question of how new human rights issues emerge
in the human rights debate. To answer this, the book focuses on nongovernmental
organizations (NGOs) and on the case study of LGBTI (lesbian, gay, bisexual,
transgender and intersex) rights.
The work argues that the way in which NGOs decide their advocacy,
conceptualise human rights violations and strategically present legal analysis to
advance LGBTI human rights shapes the human rights debate. To demonstrate
this, the book analyses three data sets: NGO written statements submitted to
the United Nations Human Rights Council, NGO oral statements delivered
during the Universal Periodic Review and 36 semi-structured interviews with
NGO staff. Data are analysed with a combination of quantitative and qualitative
approaches to discover what issues are most important for LGBTI networks (issue
emergence) and how these issues are framed (issue framing). Along with NGO
efficiency in lobbying for the emergence of new human rights standards, the
book inevitably discusses important questions related to NGOs’ accountability
and democratic legitimacy. The book thus asks whether the right to marry is
important for LGBTI advocates working transnationally, because this right is
particularly controversial among activists and LGBTI communities, especially in
non-Western contexts.
Giulia Dondoli obtained her PhD in Human Rights Law from Te Piringa,
Faculty of Law, University of Waikato, New Zealand.
Transnational Advocacy
Networks and
Human Rights Law
Emergence and Framing of Gender
Identity and Sexual Orientation
Giulia Dondoli
First published 2019
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
52 Vanderbilt Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2019 Giulia Dondoli
The right of Giulia Dondoli to be identified as author of this work
has been asserted by her in accordance with sections 77 and 78 of the
Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic, mechanical,
or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or retrieval
system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks
or registered trademarks, and are used only for identification and
explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Names: Dondoli, Giulia, author.
Title: Transnational Advocacy Networks and Human Rights
Law: Emergence and Framing of Gender Identity and Sexual
Orientation/By Giulia Dondoli.
Description: New York, NY: Routledge, 2019. | Includes
bibliographical references and index.
Identifiers: LCCN 2018044937 | ISBN 9781138387508 (hbk)
Subjects: LCSH: Gender identity—Law and legislation. | Human
rights—International cooperation. | Non-Governmental
Organizations. | Sexual minorities—Civil rights.
Classification: LCC K3243. D66 2019 | DDC 342.08/7—dc23
LC record available at https://lccn.loc.gov/2018044937
ISBN: 978-1-138-38750-8 (hbk)
ISBN: 978-0-429-42623-0 (ebk)
Typeset in Galliard
by Apex CoVantage, LLC
Contents
List of documents xiv
List of figures xxix
Acknowledgements xxx
List of abbreviations xxxi
1 Introduction 1
Introduction: Joslin v New Zealand 1
Context, definitions and caveat 3
Research questions 21
Central arguments of the book 23
Overview of the book 24
Conclusion 25
2 Between friends and foes: transnational advocacy
networks, issue emergence and issue framing 26
Introduction 26
Transnational advocacy networks 28
Issue emergence and issue framing: a general overview 29
Reasons for tensions in internetwork relations: specific challenges
to the development of LGBTI transnational advocacy 32
Criticism: lack of democratic legitimacy in the NGOs’
networks 37
How do LGBTI gatekeeper NGOs respond to the imbalance of
power? 41
Framing LGBTI issues as human rights claims 45
Power relations and marriage equality: the collaborative
decision-making process 50
Conclusion 52
3 LGBTI transnational advocacy networks: internetwork
relations and horizontal networking 55
Introduction 55
Internetwork relations 56
vi Contents
How LGBTI gatekeeper NGOs build the network in practice 60
An early example of how the LGBTI network works in practice 64
Brazilian resolution 66
LGBTI activism targets the Human Rights Council 76
Conclusion 82
4 The broader political context: how states and other NGOs
influence LGBTI NGOs’ issue framing 85
Introduction 85
LGBTI organization and access: the Economic and Social
Council’s consultative status 87
Political alignment and United Nations member states 94
International organizations’ agencies act as allies of LGBTI
transnational advocacy networks 98
Marriage and family arguments used against LGBTI people’s
rights 100
Conclusion 107
5 “With great power comes great responsibility”: the
advocacy agenda of LGBTI transnational
advocacy networks 110
Introduction 110
NGOs’ written statements 112
Universal Periodic Review: NGOs’ oral statements 123
Horizontal networking: consultations and needs-based
approach 134
Issue framing: prohibition of discrimination and marriage
(in)equality 139
Marriage, couple recognition and family rights as national
concerns: the flexibility of the advocacy for the right to
marry 145
Conclusion 150
6 Conclusion 153
Introduction 153
Summary 154
Differences with other studies 156
Recommendations for LGBTI activists and human rights
practitioners 158
Conclusion 163
Appendices 165
Appendix 1 Methodology 166
Contents vii
Appendix 2 NGOs’ written statements submitted to the
Human Rights Council 176
Appendix 3 Interviewees 186
Appendix 4 United Nations vote results 188
Index 197
Detailed Contents
List of documents xiv
List of figures xxix
Acknowledgements xxx
List of abbreviations xxxi
1 Introduction 1
Introduction: Joslin v New Zealand 1
Context, definitions and caveat 3
Intersex status and a note on the use of acronyms 4
Human rights: between hard- and soft-law 4
Prohibition of discrimination 7
Marriage equality debate: pro, against and neither 9
Marriage rights and the anti-discrimination principle 11
International law protections for LGBTI couples 12
Transnational advocacy networks and gatekeeper NGOs 14
Nongovernmental organizations 16
Sexually and gender diverse people’s movements: a history 17
The roots of homosexual pressure groups 17
A new wave of homophile and gay liberation pressure groups
after the Second World War 19
Research questions 21
Central arguments of the book 23
Overview of the book 24
Conclusion 25
2 B etween friends and foes: transnational advocacy
networks, issue emergence and issue framing 26
Introduction 26
Transnational advocacy networks 28
Issue emergence and issue framing: a general overview 29
Characteristics for issue emergence and issue framing 31
