unfe-6-UN Fact Sheets v6 - International Human Rights Law and Sexual Orientation Gender Identity PDF
unfe-6-UN Fact Sheets v6 - International Human Rights Law and Sexual Orientation Gender Identity PDF
What are human rights? implemented, and enforced at the local level. At the
Human rights are rights inherent to all human beings. international level these mechanisms include treaty bodies,
We are all equally entitled to our human rights without expert committees established by treaty and tasked with
discrimination, whatever our nationality, place of residence, monitoring implementation of treaty obligations, and special
sex, national or ethnic origin, color, religion, language, or rapporteurs and other independent experts appointed by
any other status, such as age, disability, health status, sexual the United Nations Human Rights Council to investigate
orientation or gender identity. These rights, whether they and report on pressing human rights challenges.
are civil and political rights (such as the right to life, equality
before the law and freedom of expression) or economic, social Is it ever legal to discriminate against lesbian, gay,
and cultural rights (such as the rights to work, social security bisexual, transgender or intersex people?
and education) are indivisible, universal, interrelated and
No. The right to equality and non-discrimination are core
interdependent.
principles of human rights, enshrined in the United Nations
Human rights were developed and articulated in the Universal Charter, The Universal Declaration of Human Rights (UDHR)
Declaration of Human Rights (1948) as a response to the and human rights treaties. The opening words of the
atrocities of World War II. Universal human rights are often Universal Declaration of Human Rights are unequivocal:
expressed and guaranteed by law, in the forms of treaties, All human beings are born free and equal in dignity and rights.
customary international law, general principles and other
The equality and non-discrimination guarantee provided
sources of international law. International human rights law
by international human rights law applies to all people,
lays down obligations of Governments to act in certain ways
regardless of sex, sexual orientation and gender identity or
or to refrain from certain acts, in order to promote and protect
other status. There is no fine print, no hidden exemption
human rights and fundamental freedoms of individuals
clause, in any of our human rights treaties that might allow
or groups.
a State to guarantee full rights to some but withhold them
By becoming parties to international treaties, States from others purely on the basis of sexual orientation and
assume obligations and duties under international law gender identity.
to respect, to protect and to fulfil human rights.
Moreover, United Nations human rights treaty bodies have
The obligation to respect means that States must refrain
confirmed that sexual orientation and gender identity are
from interfering with or curtailing the enjoyment of human
included among prohibited grounds of discrimination under
rights. The obligation to protect requires States to protect
international human rights law. This means that it is unlawful
individuals and groups against human rights abuses
to make any distinction of peoples rights based on the fact
by third parties. The obligation to fulfil means that States
that they are lesbian, gay, bisexual or transgender (LGBT),
must take positive action to facilitate the enjoyment of
just as it is unlawful to do so based on skin color, race, sex,
basic human rights.
religion or any other status. This position has been confirmed
repeatedly in decisions and general guidance issued by
What is international human rights law? several treaty bodies, such as the United Nations Human
International human rights law lays down obligations Rights Committee, the Committee on Economic, Social and
that States are bound to respect. Through ratification Cultural Rights, the Committee on the Rights of the Child,
of international human rights treaties, Governments the Committee against Torture, and the Committee on the
undertake to put into place domestic measures and Elimination of Discrimination against Women.
legislation compatible with their treaty obligations and
duties. Where domestic legal proceedings fail to address What are some of the most common forms of human rights
human rights abuses, mechanisms and procedures for violations affecting LGBT people?
individual complaints or communications are available at
The UN human rights office has documented a wide range
the regional and international levels to help ensure that
of human rights violations committed against individuals
international human rights standards are indeed respected,
on the basis of their sexual orientation and gender identity.
These include: directed at individuals because of their sexual orientation and
Violent attacks, ranging from aggressive verbal abuse gender identity. Its findings and recommendations formed the
and psychological bullying to physical assault, beatings, basis of a panel discussion that took place at the Council in
torture, kidnapping and targeted killings. March 2012 the first time a formal intergovernmental debate
on the subject had been taken place at the United Nations.
Discriminatory criminal laws, often used to harass
and punish LGBT people, including laws criminalizing
consensual same-sex relationships, which violate rights What practical steps does international law require States
to privacy and to freedom from discrimination. to take in order to safeguard the rights of LGBT people?
Discriminatory curbs on free speech and related The core legal obligations of States with respect to protecting
restrictions on the exercise of rights to freedom of the human rights of LGBT people include obligations to:
association and assembly, including laws banning Protect individuals from homophobic and transphobic
dissemination of information on same-sex sexuality violence and prevent torture and cruel, inhuman and
under the guise of restricting the spread degrading treatment. Enact hate crime laws that
of so-called LGBT propaganda. discourage violence against individuals based on sexual
Discriminatory treatment, which can take place in orientation, and set up effective systems for reporting
a range of everyday settings, including workplaces, hate motivated acts of violence, including effectively
schools, family homes and hospitals. Without national investigating, and prosecuting perpetrators, bringing
laws prohibiting discrimination by third parties on those responsible to justice. Provide training to law
grounds of sexual orientation and gender identity, such enforcement officers and monitor places of detention,
discriminatory treatment continues unchecked, leaving and provide a system for victims to seek remedies.
little recourse to those affected. In this context, lack Additionally, asylum laws and policies should recognize
of legal recognition of same-sex relationships or of that persecution based on sexual orientation may be
a persons gender identity can also have a discriminatory a valid basis for an asylum claim.
impact on many LGBT individuals. Repeal laws criminalizing homosexuality including
all legislation that criminalizes private sexual conduct
What have the UN General Assembly and Human Rights between consenting adults. Ensure that individuals
Council said on this subject? are not arrested or detained on the basis of their sexual
orientation or gender identity and are not subjected to any
The United Nations General Assembly, in a series of
degrading physical examinations intended to determine
resolutions, has called on States to ensure the protection
their sexual orientation.
of the right to life of all persons under their jurisdiction and
to investigate promptly and thoroughly all killings including Prohibit discrimination based on sexual orientation
those motivated by the victims sexual orientation and gender and gender identity. Enact legislation that prohibits
identity (see, for example, resolution A/RES/67/168). discrimination on the grounds of sexual orientation
and gender identity. Provide education and training
In June 2011, the United Nations Human Rights Council
to prevent discrimination and stigmatization of LGBT
became the first UN intergovernmental body to adopt a
and intersex people.
wide-ranging resolution on human rights, sexual orientation
and gender identity. Resolution 17/19 expressed the Councils Safeguard freedom of expression, association and
grave concern at violence and discrimination against peaceful assembly for all LGBT people and ensure that
individuals based on their sexual orientation and gender any restrictions on these rights even where such
identity, and commissioned a study on the scope and extent restrictions purport to serve a legitimate purpose and
of these violations and the measures needed to address them. are reasonable and proportionate in scope are not
discriminatory on grounds of sexual orientation and
The requested study, prepared by the Office of the High
gender identity. Promote a culture of equality and diversity
Commissioner for Human Rights, was released in December
that encompasses respect for the rights of LGBT people.
2011. It pointed to a pattern of violence and discrimination
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