The human rights mechanisms of the United Nations have addressed the issue of discrimination based on sexual orientation and gender identity in a range of ways. From the various discussions and considerations of the United Nations human rights mechanism, it is clear that lesbian, gay men, bisexuals, etc. have the right to non-discrimination and that they have the right to equality before the law. (Ian Martin, 2006)1
The present study focused on the issue of a man who is identified as bisexual is found dead in his apartment and has not been seen by his neighbors for the past five months. He was dead for the past six weeks. At the inquest, it came to light that he was not known to anybody, only a friends number was found, when contacted revealed that he had no family, was bisexual and was feared of being infected with HIV+.
Same sex couples do not enjoy the same rights and protections as opposite sex couples, and consequently suffer from discrimination and disadvantage in access to social protection schemes, such as health care and pensions. In the labour market, a majority of Lesbian, Gay, Bisexual and Transgender people continue to hide their sexual orientation or to endure harassment out of fear of losing their job. In a book published by the International Labour Organization (ILO) in 2003, Jordi Estivill explains that "social exclusion may be understood as an accumulation of confluent processes with successive ruptures arising from the heart of the economy, politics and society, which gradually distances and places persons, groups, communities and territories in a position of inferiority in relation to centres of power, resources and prevailing values". People can be socially excluded as a result of many different, and sometimes compounding, factors. While young Lesbian, Gay, Bisexual and Transgender people are at risk of being discriminated and excluded because of their sexual orientation. The exclusion experienced by Lesbian, Gay, Bisexual and Transgender people results mostly from the discrimination they face in all spheres of life, a discrimination which hampers their ability to have and access equal rights, and to participate fully in society. For one of the main characteristics of the social exclusion of LGBT people is their invisibility and marginalisation, or in more political terms, the lack of recognition of LGBT people as full members of a community and as citizens. (Judit Takacs 2006:5-11) 2 Social exclusion is a shorthand term for what can happen when people suffer from a combination of linked problems, such as unemployment, poor skills, low incomes, poor housing, high crime environments, bad health and family breakdown. The issue of social exclusion is multi-dimensional and one form of exclusion will often lead to another. Social exclusion leads to poor self esteem, which is implicated in HIV risk taking. A study shows that groups primarily affected by HIV in UK are those who are marginalized or socially excluded by the society. 3
Social disorganization may be the cause for the death of person. According to Strain theory of Cohen Cloward & Ohlin Agnew, when individuals cannot obtain goals, hey experience strain or pressure. Under certain conditions, they are likely to respond to this strain through crime. The strains leading to crime, however, may not only be linked to goal blockage but also to the presentation of noxious stimuli and the taking away of valued stimuli. Crime is a more