Understanding Conflicts between Constitutions and International Human Rights Law: Sexual Minority Rights as a Case Study

Abstract

This dissertation studies conflicts between constitutions and international human rights law concerning sexual minority rights. Its primary aim is to understand the nature, frequency, and dynamics of such conflicts. Moreover, it seeks to identify and elucidate the underlying causes of such conflicts in the context of sexual minority rights, including the constitutional mechanisms that can lead to such conflicts. For this purpose, this dissertation explores the dynamics between states and human rights monitoring bodies at the international level. It also probes a wide range of constitutional jurisdictions to understand how interferences with sexual minority norms may become constitutionalised and be in a state of tension with international human rights norms. Furthermore, the dissertation zooms in on three jurisdictions to conduct an in-depth analysis of the conflicts, namely, Indonesia, Russia, and Ecuador. Thus, this dissertation is situated at the intersection between international human rights law and comparative constitutional law.