UN declaration on sexual orientation and gender identityPresident Bush sided with the Arab states in opposing the statement based on religious grounds.
Presented to the United Nations General Assembly on 18 December 2008.
We have the honour to make this statement on human rights, sexual orientation and gender identity on behalf of Albania, Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Cape Verde, Central African Republic, Chile, Colombia, Croatia, Cuba, Guinea-Bissau Cyprus, Czech Republic, Denmark, Ecuador, Estonia, Finland, France, Gabon, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mauritius, Mexico, Montenegro, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Paraguay, Poland, Portugal, Romania, San Marino, Sao Tome et Principe, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, The Former Yugoslav Republic of Macedonia, Timor-Leste, United Kingdom, Uruguay and Venezuela.
We reaffirm the principle of universality of human rights, as enshrined in the Universal Declaration of Human Rights whose 60th anniversary is celebrated this year, Article 1 of which proclaims that "all human beings are born free and equal in dignity and rights";
We reaffirm that everyone is entitled to the enjoyment of human rights without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, as set out in Article 2 of the Universal Declaration of Human Rights and Article 2 of the International Covenants on Civil and Political, Economic, Social and Cultural Rights, as well as in article 26 of the International Covenant on Civil and Political Rights;
1. We reaffirm the principle of non-discrimination which requires that human rights apply equally to every human being regardless of sexual orientation or gender identity;
2. We are deeply concerned by violations of human rights and fundamental freedoms based on sexual orientation or gender identity;
3. We are also disturbed that violence, harassment, discrimination, exclusion, stigmatisation and prejudice are directed against persons in all countries in the world because of sexual orientation or gender identity, and that these practices undermine the integrity and dignity of those subjected to these abuses;
4. We condemn the human rights violations based on sexual orientation or gender identity wherever they occur, in particular the use of the death penalty on this ground, extrajudicial, summary or arbitrary executions, the practice of torture and other cruel, inhuman and degrading treatment or punishment, arbitrary arrest or detention and deprivation of economic, social and cultural rights, including the right to health;
5. We recall the statement in 2006 before the Human Rights Council by fifty four countries requesting the President of the Council to provide an opportunity, at an appropriate future session of the Council, for discussing these violations;
6. We commend the attention paid to these issues by special procedures of the Human Rights Council and treaty bodies and encourage them to continue to integrate consideration of human rights violations based on sexual orientation or gender identity within their relevant mandates;
7. We welcome the adoption of Resolution AG/RES. 2435 (XXXVIII-O/08) on "Human Rights, Sexual Orientation, and Gender Identity" by the General Assembly of the Organization of American States during its 38th session in 3 June 2008;
8. We call upon all States and relevant international human rights mechanisms to commit to promote and protect human rights of all persons, regardless of sexual orientation and gender identity;
9. We urge States to take all the necessary measures, in particular legislative or administrative, to ensure that sexual orientation or gender identity may under no circumstances be the basis for criminal penalties, in particular executions, arrests or detention.
10. We urge States to ensure that human rights violations based on sexual orientation or gender identity are investigated and perpetrators held accountable and brought to justice;
11. We urge States to ensure adequate protection of human rights defenders, and remove obstacles which prevent them from carrying out their work on issues of human rights and sexual orientation and gender identity.
Then in 2009 the UN Committee on Economic, Social and Cultural Rights (CESCR) (which is the body of independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its States parties) issued General Comment #20.
Sexual orientation and gender identityThen finally last Friday the Human Rights Council voted 23 in favor 19 against and abstentions for the Resolution.
32. “Other status” as recognized in article 2, paragraph 2, includes sexual orientation.24 States parties should ensure that a person’s sexual orientation is not a barrier to realizing Covenant rights, for example, in accessing survivor’s pension rights. In addition, gender identity is recognized as among the prohibited grounds of discrimination; for example, persons who are transgender, transsexual or intersex often face serious human rights violations, such as harassment in schools or in the workplace.
Human rights, sexual orientation and gender identitySo what does this mean? It will study and convenes a panel to report back to the Human Rights Council on discrimination against the LGBT community by the end of the year. In other words they are going to study the issue some more.
The Human Rights Council,
Recalling the universality, interdependence, indivisibility and interrelatedness of human rights as enshrined in the Universal Declaration of Human Rights and consequently elaborated in other human rights instruments such as the international Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and other relevant core human rights instruments;
Recalling also that the Universal Declaration of Human Rights affirms that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in that Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status;
Recalling further GA resolution 60/251, which states that the Human Rights Council shall be responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in fair and equal manner; Expressing grave concern at acts of violence and discrimination, in all regions of the world, committed against individuals because of their sexual orientation and gender identity.
1. Requests the High Commissioner for Human Rights to commission a study to be finalised by December 2011, to document discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, in all regions of the world, and how international human rights law can be used to end violence and related human rights violations based on sexual orientation and gender identity;
2. Decides to convene a panel discussion during the 19th session of the Human Rights Council, informed by the facts contained in the study commissioned by High Commissioner and to have constructive, informed and transparent dialogue on the issue of discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity;
3. Decides also that the panel will also discuss the appropriate follow‐up to the recommendations of the study commissioned by the High Commissioner;
4. Decides to remain seized with this priority issue.
So the UN General Assemblies 2009 statement actuals is more powerful than the Human Rights Council vote last week because 85 nations signed the statement where they promised to work to “commit to promote and protect”, “take all the necessary measures, in particular legislative or administrative”, “ensure that human rights violations based on sexual orientation or gender identity are investigated and perpetrators held accountable and brought to justice”, and “adequate protection of human rights defenders, and remove obstacles which prevent them from carrying out their work on issues of human rights and sexual orientation and gender identity.” Not to conduct another study.
If the full General Assembly votes to adopt a resolution by the Human Rights Council what will it mean? Will the UN send in investigators to Russia over the violence at the last weeks Pride parade? Will it mean that we in the US LGBT community will be protected from discrimination? No, there will be not investigators sent to Russia. A Rapporteur can only go to a country that they are invited to inspect for human rights violations. The United States has signed Human Rights resolution saying the housing, food and health insurance are Human Rights. If the US invited a Rapporteur to come here to investigate us, we would flunk horribly.
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