Methodology

The de jure protection domain measures the extent to which a country’s constitution and laws protect the fundamental human rights of SOGI minorities. While the a priori function of the state is to protect its citizens, states may discriminate in carrying out this responsibility by criminalizing SOGI minorities and denying them the right to serve or marry.

The de facto protection domain considers the ability of a state to implement laws that ensure the protection of SOGI minorities. It is assumed that states that do not criminalize SOGI minorities will also provide legal protections, such as freedom from arbitrary arrest or the right to a fair trial. However, negative societal attitudes and the influence of regressive political elites may circumvent protective laws, creating conditions where SOGI minorities are deprived of legal protections.

The LGBT Rights Advocacy domain indicates state sanction or suppression of SOGI minority attempts to organize visibly in society. Effective LGBT organization is necessary to further SOGI human rights. States, with their monopoly on legitimate force, may use police forces to protect or impede SOGI minorities’ freedom of association.

Based on the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the Socioeconomic Rights domain signals SOGI minorities’ ability to seek and enjoy socioeconomic opportunities without discrimination. Anti-discrimination laws in housing and employment are a baseline measure of a state’s commitment to protecting SOGI socioeconomic rights.

The Societal Persecution domain describes whether SOGI minorities are targeted for violence or murder based on their sexual orientation or gender identity. It measures the ability of SOGI minorities to seek redress from state authorities in cases of unequal treatment or discriminatory violence, as well as the state’s ability to restore justice in such cases.