Exploring the Boundaries of Legal Rights for Improving LGBTQIA+ People’s Safety: towards a Transformative Justice Approach A case study of Belgium

Abstract

Belgium is celebrated for its progressive LGBTI legislation, ranking second on the ILGA index. At the same time Belgian LGBTQIA+ people experience alarmingly high rates of violence and fear. This thesis examines two competing narratives about the relationship between LGBTI legislation and LGBTQIA+ experiences of safety: (1) ‘LGBTQIA+ safety requires state protection’; and (2) ‘LGBTQIA+ safety requires transformative justice’. Using data from the EU LGBTI II survey conducted by the FRA (2023), this study reveals that robust LGBTI legislation does not necessarily translate to increased safety for LGBTQIA+ individuals. Consequently, homonationalist discourses that uniformly celebrate Belgium as LGBTI-friendly should be reconsidered in favour of a transformative justice approach that addresses systemic inequalities. Hierarchical multiple regression analysis indicates that endo-trans* and intersex individuals, as well as LGBTQIA+ persons who belong to ethnic, disability, or other minorities, and those who are younger, face financial or housing difficulties, and live in urban areas, have higher odds of experiencing physical and sexual attacks and harassment. Additionally, cis-endo-lesbians have higher odds of experiencing fear when holding hands with a same-sex partner, and cis-endo-gay men are more likely to avoid certain locations due to fear of attack or harassment. Thematic analysis of interviews with experts in LGBTQIA+ policymaking and advocacy further highlights that policymakers might predominantly adhere to the narrative of state protection, while advocates lean towards transformative justice. This discrepancy suggests that current policies may overlook approaches that go beyond state recognition. This research underscores the need for a paradigm shift towards transformative justice to better address and mitigate the experiences of violence and fear within the LGBTQIA+ community in Belgium.

Popular Abstract

Belgium, often applauded for its progressive stance on LGBTI rights, presents a paradox: despite robust legal protections, LGBTQIA+ individuals face disproportionately high rates of violence and fear. This thesis tries to understand this discrepancy through the lens of two different understandings of how to improve LGBTQIA+ safety: one advocating for state protection, and the other championing transformative justice that addresses systemic inequalities.
Following the first understanding of safety, we would assume that in countries with better LGBTI legislation, LGBTQIA+ people experience less violence. However, I find only a weak relationship between how many LGBTQIA+ people experience discrimination and harassment and how robust a countries LGBTI legislation is. Moreover, I find that Belgian LGTQIA+ people experience more violence and fear compared to the European average, despite Belgium having some of the most progressive LGBTI legislation in Europe.
Following the second understanding of safety, we would assume that violence does not affect all LGBTQIA+ people equally, but that people who face more systemic inequality will face more violence. Indeed, I find that trans* and intersex people have higher odds of experiencing physical and sexual attack and harassment, as do LGBTQIA+ people who are part of an ethnic, disability or other minority, and LGBTQIA+ people who are younger, face financial or housing difficulties, and live in urban areas. I also find that lesbians, who are not trans or intersex, have higher odds of experiencing fear when holding hands with a same-sex partner, and that gay men, who are not trans or intersex, have the highest odds of avoiding certain locations due to fear of attack or harassment based on their LGBTI identity. This suggests that the groups who are most scared of violence are not the same as those who experience it most.
I interviewed one LGBTQIA+ policymaker and one LGBTQIA+ advocate to know which of these two understandings of safety is most present when they talk about Belgium. I found that the policymaker, who works for the state, more often advocated for state protection, while the advocate, working for a non-profit organization, more often advocated for transformative justice. The state-oriented focus of the policymaker might lead current policies to overlook approaches that go beyond legislative action. Seeing that my findings are more supportive of the second understanding of safety, I argue that to improve safety for all LGBTQIA+ people, we should not only focus on improving LGBTI legislation, but we should also address systemic inequality by for example tackling gender-binary norms, fighting racism and ableism and addressing poverty. Only then can Belgium truly become a safe place for LGBTQIA+ people.

• author: Van Gorp, Lisa
• supervisor: Shai Mulinari
• organization: Graduate School
• course: SIMZ21 20241
• year: 2024
• type: H2 - Master's Degree (Two Years)
• subject: Social Sciences
• keywords: LGBTI legislation, LGBTQIA+ safety, legal rights discourse, transformative justice, homonationalism, homonormativity, mixed methods
• language: English
• id: 9169323
• date added to LUP: 2024-08-12 16:01:23
• date last changed: 2024-08-12 16:01:23