A success story of participation? LGBTI rights in South Africa

Recurring campaigns against LGBTI persons; tightening repressive laws; traditional and religious courts punishing “crimes against nature”; a general climate of social stigma and social exclusion have been in the headlines in several African countries. South Africa is running against the tide: the constitutional acknowledgment of sexual orientation as listed anti-discrimination ground, the same-sex marriages, opening the way for the access to adoption for homosexual couples plus the full equalization with heterosexual couples' rights and duties, and a very vibrant LGBTI movement have induced significant political and legal advancements. Nonetheless, a vast part of the population strongly opposes this “liberation struggle”, and according to recent data (2014) 61% of people still assert that homosexuality should be rejected by society. The chapter discusses the role participation has played in constitution-making and law-making processes in shaping a very progressive legal framework, as well the importance of strong LGBTI movements as “pressure group” vis-à-vis the courts. The underlying question is whether legal change, even when boosted by a robust public participation, may be an appropriate and an effective tool for social change. The essay underwent the double peer-review system required for all volumes published in the Routledge Global Cooperation Series. The entire volume and V. Federico's chapter have been very positively reviewed in: Public Participation in MENSKI, W. Public Participation in African Constitutionalism. PER [online]. 2019, vol.22, n.1 [cited 2021-01-19], pp.1-7.