Chicago Journal of International Law


This Comment discusses the influence of international legal norm development on the advancement of sexual orientation rights. Case studies of Argentina and Brazil demonstrate that progress in this area of human rights law has been "outward-looking": the countries that are most progressive in terms of sexual orientation rights are at once substantially influenced by and seeking to actively influence the development of international legal norms. To demonstrate this "outward-looking" character, this Comment analyzes nongovernmental organization activity, legislative enactments, judicial opinions, and proposed resolutions in international and regional governmental bodies in both Argentina and Brazil. It then argues that sexual orientation rights development in these two countries is a manifestation of the significant impact that international law has had upon this area of human rights law. Ultimately, this Comment suggests that international law can provide a means to progress sexual orientation rights in countries that have not yet recognized them to the same degree as Argentina and Brazil.