Queer Source of Law

The Yogyakarta Principles (YPs) were produced by transnational civil society actors involved in sexual orientation and gender identity (SOGI) human rights activism. The document has had a significant impact on debates surrounding gender and sexual diversity in international human rights law. As such, it provided a new source, a queer source, of law for friendly actors who were already inclined to decide favourably on issues regarding SOGI rights. This article analyses the extent of the YPs’ political efficacy in the context of global governance and international law institutional mechanisms. More concretely, the main research question asks: what is the nature, or quality, of the application of the YPs by international human rights monitoring bodies? What does it tell us about their level of political influence? In responding to these questions, the article employs the analytical framework of expectation of compliance as an indicator to measure the YPs’ political efficacy. Keywords: Yogyakarta Principles; sexual orientation and gender identity; international human rights law; queer; law-making.