Reviewing the global findings

Reviewing the global findings regarding the characteristics of different legal traditions and development of policies
which are repressive, neutral, protective or supportive, the authors identify several strategies for promoting and
protecting the rights of MSM, TG and other sexual minority populations:16
• Consider using the judicial system in situations where the legislature is unlikely to be supportive of recognizing
rights.
• In repressive legal systems with religious, customary or traditional influences, promoting awareness that
inconsistencies exist within and between local traditions and religions on the issue of sexual diversity may lead
to a protective understanding of sexual rights.In countries where regimes are neutral, and where national legal
systems are of mixed origin, based on both Common and Customary Law, traditional approaches may be
hostile to sexual diversity. It may be possible, however, to emphasize the perspective of human and sexual
rights present in both Civil and Common Laws.
• Joining demands for human rights based on sexual diversity with those based on other factors such as gender,
race and ethnicity may promote solidarity and increase the chances of overcoming legal barriers.
• In many countries, it is necessary to work with enforcement officials to enforce existing protective laws and
create awareness among the general public and sexually diverse populations.
• In countries where national legal systems are repressive, regional or global courts may be used to propose the
adoption of protective guidelines, thus creating external pressure in favour of internal demands for human
rights.