THE FREEDOM OF SEXUAL ORIENTATION UNDER INTERNATIONAL LAW: IMPLEMENTATION’S DIFFERENCES ON THE LINCHPIN “URBAN – RURAL” by ZISIS VELOUKAS INTRODUCTION Within an intensively globalized sociopolitical field, the further human rights’ creation, development and expansion forms an issue of great importance, which gains prominence day by day, not only from a legal point of view, but also from an equivalent political one. The existence, social diffusion, but also violation of human rights in general is considered as one of the most “traditional” issues, with which international community’s actors are occupied on a certain basis. States, international organizations, national-level governments and miscellaneous individuals, even in a possible case of indirect affection by the issue as such, tend to be focused and devote time in human rights’ case, while examining their fundamentals, structural background, theoretical heritage and practical implementation in “Global Arena’s” reality. Having taken into consideration the fact that human rights’ practical function and implementation forms an intertemporal case study, modern researchers are focused on the topic of the creation and development of new human rights’ categories, especially those, which derive from given, special groups of population that contend their “legal thesis”, while the procedure of their sociopolitical and cultural integration takes place 1. In particular, with the use of the former phrase “new human rights’ categories”, one has to make clear the fact that not only new human rights as such are to be established, and thus, implemented in the terms of global society, but also new social groups – “categories” of given “tiers” of the population are expanded increasingly, while developing a dialectic relationship with a possible, future establishment and fulfillment of their rights, which will bind their special legal personality 2. In direct interrelation with the former reasoning, a major and strenuously expanding case study, which is included in Humanitarian Law’s field and can be characterized as one of a continuously gaining prominence is that of the freedom of sexual orientation and the “set of rights” of LGBTQ community3. Moreover, the increasing tendency of the above community’s members to form a dynamic group of every “national population”, combined with the significantly increasing number of its members and unfortunately- the usual and more and more often violation of their rights, renders such Heinze Eric, “Sexual Orientation and International Law: A study in the manufacture of cross-cultural “sensitivity”, Michigan Journal of International Law, 2013 2 LeVay Simon, “Gay, Straight, and the Reason Why”, Oxford University Press, 2nd Edition, 2016 3 The same 1 [1] an issue as one that has to be highlighted as it was a legal indicator of international community’s sociopolitical and legalistic empathy. Having set the above theoretical facts, current project’s modules try to point out certain questions, examine them with a given methodology and answer them by stressing out specific and well-documented explanations, based on evidenced and certified epistemic theories, references and official, academic opinions. To begin with, one of the current project’s main goals is to specifically and intensively define the central terms, which are strictly interrelated to the issue of sexual orientation under the scope of international law, such as these of “freedom”, “sexual orientation” and “sexual orientation’s internal categorization”. In particular, not only an analysis of internal content’s of the terms will be attempted, but also it will be clarified a particularity of the current case study, which is directly combined with the fact that the theoretical and analytical core of the whole issue as such, is divided into two (2) different scientific fields, synthesizing those of international law and political sociology. Furthermore, sexual orientation’s rights are going to be examined and analyzed under the scope of given legislative texts and the provisions of them, starting from major and traditional texts and declarations, such as the Charter of the United Nations or the Universal Declaration of Human Rights, and resulting to certain academic and theoretically evidenced approaches, which form a crucial scientific background, in order the ontology of sexual orientation’s rights to be seen, to be pointed out as an undisputed part of the general human rights’ field and the way of their function and implementation to be enough comprehensible. After the examination and analysis of the implementation of sexual orientations rights and the reference to their legal existence, the combination with the scientific field of political sociology will take place. In particular, it will be supported the fact that the implementation of sexual orientation’s rights is, in many cases, differentiated between urban and rural areas in a certain country and among a given population. Also, in order the former cultural difference to be seen, which unavoidably affects the field of legal implementation, it is considered as essential to refer to the theory of Almond and Verba about social culture, on which the above argument will be based. Last but not least, there is a crucial need to mention that regarding the catalytic, theoretical elements which compose and determine the current project, it must not be implied that there is any effort of a bankrupt multiplication of already expressed and established opinions. On the contrary, it has to be comprehended as an amalgam of a related to sexual orientation’s domestic and international bibliography, and above all, an effort’s result to subjectively understand and analyze the above two terms and the interdependence among them. It is also aimed to refute all those arguments and opinions which have tried to undermine the specific gravity of the thematic in question, judging it as a ‘’second-rate’’ issue. All things considered, the interpretation’s way regarding the understanding and the analysis of the issue in question varies, depending the theoretical schemes and the analytical and methodological frameworks which are going to be adopted. [2] 1. SEXUAL ORIENTATION’S ROOTS: DEFINING TERMS AND CATEGORIES As it has been from the introduction mentioned, before one starts to define and enumerate sexual orientation’s internal categories, must certainly form a given definition to sexual orientation as such and to freedom, as an important sociopolitical situation for the implementation of sexual orientation’s rights. Freedom can be defined as “the condition or the right of being able or allowed to do, say, think etc. whatever one wants to, without being controlled or limited”4. Trying to avoid philosophical definitions that are mainly occupied with the limits of freedom, when one researches on sexual orientation’s affairs, has to deeply understand freedom as a “dual right”, from the point of view that it includes two (2) different aspects, which are combined at the same time 5. In particular, it does not only include a certain and established right of the ability for someone to act based on personal choices, but also the right of a future, possible non-restriction of their ability and capacity to do so. Given the former argument, it can be supported the fact that freedom combines two different chronical – periodical backgrounds, which are depicted as rights of the same value. Not only the right for one to act, exist and develop action freely at the present, but also their right to do so in the future, in every possible case and in every possible theoretical or practical framework regarding their human rights and their free development of personality. Having defined freedom, one has to research on sexual orientation and examine how rights regarding it, can be implemented and protected in a freedom’s framework. In particular, sexual orientation can be defined as “a tendency which has to do to whom one feels attracted and with whom they want to have a relationship […] to whom they feel drawn sexually, emotionally, romantically”6. Sexual orientation is strongly and intensively combined with one’s internal, emotional world. The tendency of sexual and emotional attraction is, as in all cases, one, which cannot be restricted and limited to given norms, and this is the main reason why sexual orientation is affiliated with the theoretical and practical meaning of sexual choices, and not with the equivalent one of gender7. Furthermore, it has to be mentioned that based on the former argumentation, sexual orientation is from its analytical and theoretical roots differentiated from the term of gender identity. In particular, the former term refers to the true and real gender, which one owns from the time of their birth. It is a reality, which is from the nature imposed and is related to “reality’s identity”, from the point of view that it has to do with one’s th 4 Cambridge Dictionary, Cambridge University Press, 4 Edition, 2013 5 Heinze Eric, “Sexual Orientation and International Law: A study in the manufacture of cross-cultural “sensitivity”, Michigan Journal of International Law, 2013 6 “Sexual Orientation, Gender Identity and International Human Rights Law”, International Commission of Jurists, Geneva, 2009 7 The same [3] external characteristics, physical appeal, and thus, natural ontology8. In contrast with gender identity, which is one’s real, sexual and ontological image, sexual orientation is related to personal selection’s criteria and one’s sexual preferences, which refer to emotional world’s feelings 9. Having seen through a contradiction’s method the central definition and analyzation of sexual orientation’s and gender identity’s terms, one has to mention the fact that there are many different categories in the field of sexual orientation, which transfuse an internal, theoretical and cross-sectional diversity within sexual orientation’s scientific discipline. In particular, there are several and multilevel sexual orientations within the central, “main label” of sexual orientation’s general domain. Sexual orientation, given the fact that includes every person’s sexual choice, refers to straight, homosexual, bisexual, questioning and asexual people. Moreover, another category – group is also included to sexual orientation’s internal groups, called as “Trans-Transgender-Queer” category, but, as it will be seen, former category’s internal and sexual particularities lead to the fact of its legal difference from sexual orientations’ affairs. Straight people form a category – characteristic example, which evidences the fact that sexual orientation’s issues do not only refer to gay or bisexual people, but include also the so-called “normal” sexual choices. It must be mentioned that the phrase “normal” does not mean that all the other identities except from the straight one can be characterized as “abnormal”, but to the fact that heterosexual sexual orientation objectively shapes majority’s choice. It is used as a phrase – clarification, in order the differences of sexual choices to be clearly seen and not for the non-straight people of any category to be tainted and stigmatized. Besides, the theoretical sign of “normal” or “abnormal” cannot be objectively defined and forms a strongly subjective choice for every free person, especially in the framework of the liberal West World, where the right to personal choices of any kind is protected and established as respected for every human being. Furthermore, sexual orientation’s field includes gay (or homosexual) people, being defined as persons who are attracted to people of the same gender. In particular it must be mentioned the fact that the term “gay” refers, not only to men who feel attracted to men, but also to women, who feel attracted to women 10. Thus, the characterization “gay” as sexual orientation’s choice for a woman who feels attracted to a woman, instead of the selection of the word “lesbian”, is also correct, from the point of view that the meaning’s central core remains the same and is referred to a person who is sexually drawn to an equivalent one of the same gender. Additionally, it has to be highlighted the fact that categories such as those of bisexual and questioning persons refer to a situation of sexual, multilevel receiving field. In Nolan Helen, “UN Treaty Bodies References to sexual orientation, gender identity, gender expressions and sex characteristics”, ILGA, 2015 9 Heinze Eric, “Sexual Orientation and International Law: A study in the manufacture of cross-cultural “sensitivity”, Michigan Journal of International Law, 2013 10 Nolan Helen, “UN Treaty Bodies References to sexual orientation, gender identity, gender expressions and sex characteristics”, ILGA, 2015 8 [4] particular, the above argument has to do with the fact that in both former categories, a person is able and willing because of its choices to experience a sexual contact with people of different gender identities. Moreover, the sexual “receiving end” of a “Person A” who is a man or a woman, can be a “Person B”, who can also be a man or a woman11. The above multilevel sexual content of one’s choices can be clearly seen in the case of bisexual persons, who feel attracted to both men and women, while questioning persons, as such that are unsure about their sexual desires and orientation, are able and willing to experience sexual contact to men, women and bisexual persons, something which raises uncertainty even to themselves about their real sexual choices. Moreover, a category of a great significance is that of asexual people, who can be defined as such who did not experience any sexual contact since today, because they did not feel any attraction to do so. The fact, which must be stressed out in this case is that of the conscious non-experience. In other words, asexual persons belong to this specific category and have not experienced any sexual contact, because they did not feel ready or emotionally willing to do so. It has to do with a combination of the internal, emotional world and the practical expression of sexual desire and not with the ability or not to find the appropriate partner. Asexual person’s sexual orientation is also combined with the fact of a non-demonstrative sexual tendency, which sorts and classifies those people to a conscious situation of a “sexual stagnation”. Last but not least, the “Trans – Transgender – Queer” category forms an internal particularity of sexual orientation’s field, because it is not recognized as such and as a whole in the official texts of the United Nations. The above argument does not refer to the fact that this category’s rights are not recognized, protected and respected by the United Nations on a global level, but to the fact that, even the legal texts, the proposals and the statements posed within the General Assembly and regarding sexual orientation’s rights, do not refer to “Queer” persons as an official sexual orientation’s categorization12. That can be easily reported, not only because of the absence of references to the term “Queer”, but also because of references to “LGBT” community, and not “LGBTQ+”, as it is referred to texts, official books, scientific and academic essays or announcements written by organizations which are mobilized for the protection of the former community’s rights 13. The reason why the former situation of a non-official recognition still remains is the fact that “Queer” people “cover” sexually all former categories, even the “Trans” and “Transgender” one. To put it simply, “Queer” means pansexual. The term can refer to people who feel attracted and willing to have a possible sexual contact with men, women, gay, bisexual, asexual, questioning, trans and transgender 14. From a metaphorical point of view, it can be characterized as a “category – umbrella” and one could characterize the former argumentation regarding its non-official recognition as comprehensible, from the aspect that the establishment and total protection of all categories’ sexual rights, automatically means that “Queer” category’s rights are also Nolan Helen, “UN Treaty Bodies References to sexual orientation, gender identity, gender expressions and sex characteristics”, ILGA, 2015 12 The same 13 The same 14 The same 11 [5] protected, from the point that it covers all the already protected sexual orientation’s categories and their special rights. The term “Trans” is different than that of “Transgender” and refers to a person who has changed her or his gender identity through medical and surgical means and methods. For example, it refers to a man, who, through a surgery, changed his male external characteristics and became a woman15. On the other hand, “Transgender” as a term refers not only to those persons who have already changed their gender identity, but also to those who were born men or women, but tend to believe that they should have been born something different than their given, natural gender identity. They could believe so, mainly because of their natural behavior or physical, external characteristics that resemble to be part of a different gender identity than their given one 16. One has to stress out the fact that the main characteristic of transgender persons is truly combined with a factor strictly psychological. In a possible case, in which someone feels the internal need to change her or his gender identity because of natural “signs” and “clues”, it is automatically and at the same time created the internal assertation that she or he belongs to a different gender identity. Thus, the possible former example of such as person could lead themselves to a surgical gender identity’s change, not only because of the above mentioned natural signs, but also because of the feeling that such a practical, medical change is the only key – solution, in order a “wrong – structured” gender identity to be edited and corrected. Having defined freedom, sexual orientation and sexual orientation’s internal categorization, one has to proceed to the examination of the basic and most fundamental legislative texts that are related to sexual orientation’s rights protection. It has to be from that certain time mentioned that legal establishment’s and protection’s references are not referred to each and every sexual orientation’s category separately, but adduce a general core, which covers all the above - mentioned categories. Nolan Helen, “UN Treaty Bodies References to sexual orientation, gender identity, gender expressions and sex characteristics”, ILGA, 2015 16 The same 15 [6] 2. SEXUAL ORIENTATION’S LEGAL RESEARCHING ON LEGISLATIVE TEXTS BACKGROUND: When someone is occupied with the research on legislative texts regarding establishment, protection and implementation of sexual orientation’s rights has to lead itself to the field of International Humanitarian Law. The reason why is because this specific field is one, which is included to the general module of human rights, and thus, legislative sources regarding human rights establishment’s content are the same in sexual orientation’s case study and remain their legal power 17. The above fact could be characterized both positive and negative at the same time. It could be highlighted as positive, because sexual orientation’s rights are included to a category, which forms one of the most important ones from a legal and sociopolitical aspect in the field of International Law, and thus, one has the right to refer to already established and legally powerful provisions when sexual orientation’s rights are violated. The former argument mainly refers to the fact that the existence of an already established legal framework has the special ability not to create a kind of “legal inhibition” when one is confronted with a possible case of LGBTQ+ community’s rights defence. Also, through the above - mentioned legal framework of human rights protection, it can be supported that sexual orientation’s rights automatically gain prominence being included in such a field, because of general human rights’ legal prestige, and of course, their direct or indirect complicity in International Law’s affairs18. On the other hand, the inclusion of sexual orientation’s rights on the “legal list” of human rights in general could be at the same time characterized as negative, mainly because of the non-existence of an autonomous legal framework, which could possibly function as an already, legally emancipated field, bringing out its own legal powers and limits. The former argument refers to the fact that the absence of the above framework is certainly a crucial one, because a possible violation would unfortunately be much easier in the case of a non-existing legal framework. That is combined with the fact that an issue, which is integrated to the field of another one traverses the danger to be characterized as a “second-rate” one, and thus, its internal, legal aspects to be easier violated. Also, in a case of possible integration to another field’s or issue’s legal framework, an equivalent issue, which not possess an autonomous legal framework, runs across the danger not to articulate a solid and valid legal structure, and therefore, not to be respected enough. The fact of a non-autonomous legal structure and framework can be also seen in the case of sexual orientation’s rights. Trying to overcome any research obstacles of the absence, the modern researcher has to make from the first time clear the fact that no “Sexual Orientation, Gender Identity and International Human Rights Law”, International Commission of Jurists, Geneva, 2009 18 Heinze Eric, “Sexual Orientation and International Law: A study in the manufacture of cross-cultural “sensitivity”, Michigan Journal of International Law, 2013 17 [7] certain and specific provisions, articles and legislative texts will be found regarding sexual orientation’s rights, and mainly, no such legal sources will be found regarding each an every orientation-category-sexual choice within sexual orientation’s central issue’s “label”. The above means that, for example, there is not a given provision, which refers to or protects gay, bisexual, asexual, pansexual etc. persons’ rights, analyzing and focusing on them as if they were International Law’s special categories, which deem legal protection. Because of this specific case study’s above legal particularity, the modern researcher has to be led to legislative bodies, books and texts, which include general references to sexual orientation’s issues. In particular, their former characterization as “general” does not surely refer to the fact that they do not extensively refer to sexual orientation’s rights or to the equivalent one that their protection’s power does not carry out the appropriate legal enforcement. However, it refers to the fact that those texts and legislative books generally include and selectively collect provisions and references to human rights’ overall module, to which the legal establishment of the freedom of sexual orientation is also included. Not only from the aspect of bibliography, and therefore, from a theoretical and legalscientific point of view, but also from an equivalent one regarding its meaning’s importance, the protection of sexual orientation’s rights has to be firstly reported and referred as one established and integrated to the first (1st) Article of the first (1st) Chapter of the UN Charter. Included to an Article, which refers to the purposes of the UN, sexual orientation’s rights are integrated as the above international organization’s main scope as a whole module, which is totally and truly protected, because it belongs to “the promotion and encouragement of the respect of human rights and fundamental freedoms for all people without distinction as to race, sex, language or religion”19. One, referring to the above cited field, could mention two (2) different insightful points. Firstly, the fact that, as it has been already seen, sexual orientation’s rights have been legally and totally integrated to the general human rights’ field and are protected as an uninterrupted, specific module of them. Secondly it can be supported that the above referred legal protection of them is established, first and foremost, as a fundamental freedom of non-distinction, resulting out to the point that one has to be free and not to be distinct because of her or his sexual orientation and personal sexual choices. In that specific case, the non-distinction is established as a positive sexual choices’ protection, in order not straight, but also all the “non-straight” orientations to be enough established and protected. In continue to the former reference to certain legislative texts, it is also important for the modern researcher to mention the Universal Declaration of Human Rights. Before proceeding to its internal context, one has to refer the fact that this specific legislative text, its legal existence and its significance as theoretical entity evidence the fact that human rights’, and especially, sexual orientation’s rights protection is not only a theoretical, legal or sociopolitical issue, but also an institutional one 20. One refers here 19 Charter of The United Nations (1945), Chapter 1, Article 1 , Provision 3 Nolan Helen, “UN Treaty Bodies References to sexual orientation, gender identity, gender expressions and sex characteristics”, ILGA, 2015 20 [8] to the fact of the practical, institutional involvement of the United Nations to given legislative texts regarding human rights and the internal procedures which are followed, in order human rights’ and sexual orientation’s rights protection and respect to be established. Thus, given the fact the General Assembly functions as the most democratic internal instrument of the UN and as a “locus” and forum of an open exchange of opinions and ideas, the existence of the Universal Declaration of Human Rights and the implementation of its principles have to be taken into consideration when analyzing on sexual orientation’s rights 21. In this particular case, one can evidence the incipient argumentation regarding the inclusion of sexual orientation’s rights to human rights’ general protection, while the latter rights are again established as a special category of non-distinction, through which the legally recognized freedom of not being treated as “different” because of sexual choices opens the way and leads to sexual orientation’s equality. The right for “someone not to be distinct because of her/his sex”22 includes a strongly humanitarian core, which is established, not only as the above mentioned “non-distinction”, but also as in the case of the UN Charter, as a right relevant to the free development of one’s personality and character. In other words, combined with the given fact that sexual orientation and sexual choices form a part of one’s personality, sexual orientation’s rights are protected as a “non-distinction” of a person because of their rights to exist, live and further develop as such. In addition, a furthermore evidence, which has to do with the fact that sexual orientation’s rights, and mainly, their establishment, protection and practical implementation is not only a theoretical structure, but also an issue of a practical appeal which takes an institutional form, is that given institutional bodies, campaigns and conventions are referred within legislative books on sexual orientation. In particular, judging, evaluating and researching on the recent campaigns established regarding sexual orientation’s rights, it would be of great significance for one to refer to the “Free and Equal” campaign, organized and established by the United Nations 23. Notwithstanding that, as every campaign, it follows specific, internal procedures and processes, which are organized and abided by the certain campaign’s regulations. However, the “pressure” will not be put to such procedural, organizational issues, but to that of its practical function24. Moreover, it has the special ability to develop, create and remain a special semi-institutional form, environment and status, not from the point of view that the campaign can be characterized as an autonomous or semi-autonomous institution, but of the equivalent one that it develops and holds a dialectical relationship to official institutions regarding sexual orientation’s rights, because of its representation to the internal procedures, processes and open, general meetings. Nolan Helen, “UN Treaty Bodies References to sexual orientation, gender identity, gender expressions and sex characteristics”, ILGA, 2015 22 “Universal Declaration of Human Rights” (1948) 23 Nolan Helen, “UN Treaty Bodies References to sexual orientation, gender identity, gender expressions and sex characteristics”, ILGA, 2015 24 The same 21 [9] In particular, the reasoning of creating such a campaign came from the side of the United Nations, after the claims and blames by the LGBTQ+ community and its official representative organizations and institutions for the non-existence of a whole, general legislative text on sexual orientation’s rights specifically. The creation and establishment of the campaign was considered as the creation of an open dialogue between LGBTQ+ community’s representatives and the institutional forum of General Assembly. Legislative proposals and texts, which derive from the “Free and Equal” campaign and have the power of political and humanitarian appeal, can legally influence Assembly’s final decisions on sexual orientation’s rights 25. It was introduced as an unofficial, but subsidiary legal body to Assembly’s discussions on sexual orientation’s issues, which are able to influence the legal procedure which will be followed in every special case. The rationale of the whole issue of introduction and establishment of such a campaign was the fact that the creation and passage of an accepted and legally approved legal text was and is a procedure of great importance, which requires a long-term period of discussions within Assembly’s and UN structure, and thus, such a campaign could function as a mean of a lively interconnection and interaction among Community’s requests and official, legal procedures. Last but not least, being ready to cross over into next chapter’s context, one has to highlight the fact that the above described legal context, which is already established, and mainly, its existence as such, does not mean that sexual orientation’s rights are in every case respected, protected and correctly implemented. Other than those extreme cases, in which they are truly and totally violated, there are equivalent ones, in which their implementation is in great measure differentiated from region to region and social system to system. Nolan Helen, “UN Treaty Bodies References to sexual orientation, gender identity, gender expressions and sex characteristics”, ILGA, 2015 25 [10] 3. THE IMPLEMENTATION OF SEXUAL ORIENTATION’S RIGHTS: DIFFERENCES ON THE LINCHPIN “URBAN-RURAL”: A CRITICAL OVERVIEW Sexual orientation’s rights are and must not only analyzed on taking into consideration case studies of their perfect and ideal implementation, but also by having in mind those of their violation, or the ones of their non-completed respect. Besides, every modern researcher has to mention that current case study’s theoretical meaning and load is not strictly depended on a possible case of its ultimate, practical implementation, but also on a pragmatical case of its practical confrontation with peoples’ behavior in the framework of the modern society. Thus, the analyzation of sexual orientation’s rights violation, or non- well-rounded application, has to be characterized by the same scientific disciplinary analyzation as the one of their ideal function within a democratic and fully liberalized sociopolitical structure. The main goal in current module’s paragraphs is to be seen that the implementation of sexual orientation’s rights is differentiated from urban to rural areas. In order the above argumentation to be supported, it is judged as crucial to focus on a scientific, analytical mixture, combining the former International Law’s context with political sociology. In particular, the theory of “Sivic Culture” by Almond and Verba will be used, in order the implementation’s difference between the above mentioned geographical areas to be evidenced. The sociopolitical theory of Almond and Verba regarding social culture will be totally transferred and implemented to the above described humanitarian context. Almond and Verba define social culture in their project as “the way of thinking, living and acting of a certain folk”26, referring to the fact that this way is influenced by certain values. According to Almond and Verba, when one researches on social culture, and especially, when one focuses on comparative analysis in the above field and among different types of regions, has to surely take into consideration a “cultural divisive intersection”27, which differentiates the characteristics between urban and rural areas on the domain of the special way of thinking, living and acting, and so, on the one of social culture. The reason why to analyze according to that specific way is that of the difference between former geographical regions. In particular, having referred to the fact that social culture develops a relation of interconnections with certain values, it has to highlighted that those values, and so the social culture, are differentiated from urban to rural areas. The word “difference” in that specific case refers to the fact that values in both cases (urban and rural areas) function as principal mechanisms of interpreting life, but those are fundamentally influenced by totally different and contradicted factors. For example, values in urban areas are strongly influenced by new trends, which are brought 26 27 Almond Gabriel, Verba Sidney, “The Civic Culture”, Sage Publications, 2013 The same [11] out because of the procedure of globalization, in contrast with rural areas, where values are mainly shaped by factors such as religion and tradition28. One has to be concentrated to the factors of influence of social culture in different areas, because the development’s procedure within different social systems can be seen, and thus, structural and sociopolitical results among different geographical regions can include and integrate unique and dissimilar phenomena. For example, different factors’ influence in the field of social culture among rural and urban areas result out to the formation of the adoption of a different way of thinking and acting of people, ending out to the different way of living and existing. In particular, and to interconnection with the issue of sexual orientation’s rights, the above described cultural differentiation results out to a “centralized” culture in rural areas, in contrast with the “de-centralized” one of the urban areas. One has to clarify the fact that a possible “centralization” or “decentralization” is expressed and depicted to the case of integration of multilevel and various cultural elements to a certain group of population. Moreover, the frequency of integration and the number of different and miscellaneous cultural elements define if a certain geographical area’s social culture can be characterized as centralized or not. To put it simple and in order to make the whole argumentation comprehensible enough, sexual orientation’s rights of LGBTQ+ community can be easier and better implemented in the framework of urban and not in the equivalent one of rural areas, because of the social culture, which is established in the latter cases, and mainly, the principal values from which this culture has been established and shaped. Also, the reference to a “better implementation” is intensively combined here with the fact that a possible case or future, general cases of violation of sexual orientation’s rights are less possible in a metropolis than in a remoted village, because of the prevailing social culture. As in the field of International Law, so in the field of Sociology, and thus, in every discipline, one must not be absolute and has to recognize that in all cases there are and will always be exceptions. Notwithstanding that the implementation of sexual orientation’s rights combined with the theory of Almond and Verba does not aim to minimize the value’s core of rural areas’ social culture, or to “incriminate” rural areas as regressive ones, which adopt a backward-looking way of thinking, it is to be reported that crystallizes reality’s picture by binding its main prevailing, cultural aspects, but allows also the theoretical leeway for exceptions’ existence. In particular, the above stressed out combination does not form a panacea, and also, does not correspond to all case studies and to a total extent. Modern researchers, in that specific case are confronted with a theory of the 50s decade, and thus, it is natural and normal not some recent cases or all new developments to be included to the theoretical, vague field of it. In other words, one can find certain cases of humanitarian violation of sexual orientation’s choices, not only in rural, but also in urban areas, and at the same time, there is a possibility for the modern political Hague Rod, Harrop Martin, McCornick John, “Comparative Government and Politics”, Red Globe Press: 11th Edition, 2019 28 [12] analyst or sociologist to be confronted with a case, according to which the above rights are totally respected, protected and not violated in the framework of a rural area. The rely upon the certain values that form social culture in rural areas, and thus, their power of “cultural enforcement” certainly correspond to many cases, especially when LGBTQ+ community’s members are victims social, cultural and psychological violation, but one has not to do with a certain case-phenomenon, which will always take place in the framework of rural areas. In a such case, the social culture and behavior could be set and defined under valid, solid and general norms. A practical, empirical example, which evidences exactly the opposite is that of the Greek case, and mainly the one of the treatment of refuges in the framework of Greek islands, which are taken into consideration as rural areas. The mobilization of local residents were in many cases laudable and their expression of solidarity and sensitivity proved that their specific social culture is so constructed, as they are every time willing, ready and capable of integrating every “new” and “different-structured” element, which penetrates to it, proving that it was not so “centralized” as it seemed. [13] CONCLUSION Sexual orientation’s rights and the freedom to enjoy them is certainly an issue, which has been scientific object of confusion, even for the direct partakers of them, including the persons of LGBTQ+ community. During the paragraphs of the current project the definition of sexual orientation’s term and the one of freedom was made clear, while the latter’s differentiation to gender identity was depicted as practical nuance between sexual choices and natural identity. Also, having defined that sexual orientation and gender identity pertain to opposite meaning’s loads, the gleaning of all sexual orientation’s categories aimed to the fact the whole issue does not refer to a distinction between “straight – non-straight” linchpin, but includes opposite and, in many times, sexually contradicted categories, some of which (Queer as pansexual) are not officially recognized by given legislative texts. Furthermore, it was evidenced that sexual orientation’s rights do not enjoy given and specific provisions regarding their specialized protection, something which could be under certain circumstances characterized as legal deficit, from the aspect that the number of people who proudly state their sexual orientation expands increasingly, while, unfortunately, those certain rights’ violation becomes a daily routine, something, which points out the need of their better legal treatment and official, specialized establishment to a certain legislative text. However, through second chapter’s paragraphs, it was supported that their introduction and “legal integration” to predominant, legislative texts such as the Charter of the UN or the Universal Declaration of Human Rights is able to create a protection’s and respect’s environment, in order, not only for them not to violated, but also for the future possibility of their specialized establishment to be always present. Last but not least, through third module’s pages it was supported and practically proved that LGBTQ+ community rights’ implementation can be differentiated from urban to rural areas, because of the element of social culture. Having followed a combination analysis between International Law and political sociology, it was clear that the values that affect peoples’ way of thinking, acting and living can have a big impact on peoples’ social behavior, influencing the implementation of sexual orientation’s rights, functioning as mechanisms of interpreting life and its social, internal aspects. However, it was made clear that the differentiated implementation of the above referred rights cannot be set to given theoretical norms and it is possible for the modern researcher to be confronted with a case study, which synthesizes exactly different analytical features than those described in the framework of Almond and Verba’s sociopolitical theory. [14] REFERENCES 1) Almond Gabriel, Verba Sidney, “The Civic Culture”, Sage Publications, 2013 2) Charter of The United Nations (1945), Chapter 1, Article 1, Provision 3 3) Hague Rod, Harrop Martin, McCornick John, “Comparative Government and Politics”, Red Globe Press: 11th Edition, 2019 4) Heinze Eric, “Sexual Orientation and International Law: A study in the manufacture of cross-cultural “sensitivity”, Michigan Journal of International Law, 2001 5) Heywood Andrew, “Politics”, McMillan Education UK: 4 th Edition, 2013 6) Malcolm N. Shaw, “International Law”, Cambridge University Press: 6 th Edition, 2008 7) Nolan Helen, “UN Treaty Bodies References to sexual orientation, gender identity, gender expressions and sex characteristics”, ILGA, 2015 8) “Sexual Orientation, Gender Identity and International Human Rights Law”, International Commission of Jurists, Geneva, 2009 [15]