Lesbian, Gay, Bisexual, Transgender & Queer (Lgbtq) Rights: An Analysis from Legal Perspectives in Brunei Darussalam and International Law

Abstract

The research discussed on the Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) rights from legal perspectives in Brunei Darussalam and International law using doctrinal legal research methodology. The objective of this research was to find out the legality of selected LGBTQ rights i.e., right to non-discrimination; right to life; right to freedom of expression; and right to marry in Brunei Darussalam and under International law. This research further explained legal perspective from Brunei Darussalam based on Islamic religion, the Brunei Constitution, its legal system, relevant statutes and case law. Whereas under International law, the legal status of LGBTQ rights covering from the United Nations (UN), selected UN International human rights law, regional organisations such as the European Union (EU) and ASEAN. Thus, comparative laws between Brunei Darussalam and under International law predicted conflicts of laws pertaining LGBTQ rights where Brunei Darussalam does not fully recognise LGBTQ rights as compared to the UN, encouraging all states members in the UN to promote LGBTQ rights respectively. Additionally, this research accordingly emphasised that Brunei Darussalam upholding its existing laws for the protection of the national interests and values of society, without fully discriminating LGBTQ people’s rights. Lastly, the findings of this research outlined recommendations to give a complementary effect of International law for Brunei Darussalam to be implemented by legislators, policy makers, law enforcements and the Bruneian society, intended to improve the perception of LGBTQ rights from legal standpoint.