United Nations Free & Equal

Fact sheet INTERNATIONAL HUMAN AND SEXUAL ORIENTATION & GENDER IDENTITY

What are ?

Human rights are rights inherent Declaration of Human Rights (1948) respect means that States must to all human beings. We are all as a response to the atrocities of refrain from interfering with or equally entitled to our human rights World War II. Universal human curtailing the enjoyment of human without , whatever rights are often expressed and rights. The obligation to protect our nationality, place of residence, guaranteed by law, in the forms of requires States to protect sex, national or ethnic origin, color, treaties, customary international and groups against human rights , language, or any other law, general principles and other abuses by third parties. The status, such as age, disability, health sources of international law. obligation to fulfil means that States status, sexual orientation or gender International human rights law lays must take positive action to facilitate identity. These rights, whether they down obligations of Governments the enjoyment of basic human are civil and political rights (such to act in certain ways or to refrain rights. as the , equality before from certain acts, in order to the law and freedom of expression) promote and protect human rights or economic, social and cultural and fundamental freedoms of rights (such as the rights to work, individuals or groups. social security and education) are indivisible, universal, interrelated By becoming parties to international and interdependent. treaties, States assume obligations and duties under international law Human rights were developed to respect, to protect and to fulfil and articulated in the Universal human rights. The obligation to

What is international human rights law? Domestic International human rights law human rights standards are Government lays down obligations that States indeed respected, implemented, are bound to respect. Through and enforced at the local level. ratification of international human At the international level these rights treaties, Governments mechanisms include treaty bodies, undertake to put into place expert committees established by domestic measures and legislation treaty and tasked with monitoring compatible with their treaty implementation of treaty obligations and duties. Where obligations, and special rapporteurs domestic legal proceedings fail and other independent experts to address human rights abuses, appointed by the United Nations mechanisms and procedures Human Rights Council to investigate International Level Regional Level for complaints or and report on pressing human communications are available at rights challenges. the regional and international levels to help ensure that international United Nations Free & Equal

Is it ever legal to discriminate against lesbian, gay, bisexual, transgender or intersex people?

No. The right to equality and non- fine print, no hidden exemption transgender (LGBT), just as it is discrimination are core principles clause, in any of our human rights unlawful to do so based on skin of human rights, enshrined in treaties that might allow a State color, race, sex, religion or any the United Nations Charter, The to guarantee full rights to some other status. This position has Universal Declaration of Human but withhold them from others been confirmed repeatedly in Rights (UDHR) and human rights purely on the basis of sexual decisions and general guidance treaties. The opening words of the orientation and gender identity. issued by several treaty bodies, Universal Declaration of Human such as the United Nations Rights are unequivocal: “All human Moreover, United Nations Human Rights Committee, beings are born free and equal in human rights treaty bodies the Committee on Economic, dignity and rights.” have confirmed that sexual Social and Cultural Rights, the orientation and gender identity Committee on the Rights of the The equality and non- are included among prohibited Child, the Committee against discrimination guarantee grounds of discrimination under , and the Committee on provided by international international human rights law. the Elimination of Discrimination human rights law applies to all This means that it is unlawful to against Women. people, regardless of sex, sexual make any distinction of people’s orientation and gender identity rights based on the fact that or “other status.” There is no they are lesbian, gay, bisexual or

What are some of the most common forms of human rights violations affecting LGBT people?

The UN human rights office has documented a wide range of human rights violations committed against individuals on the basis of their sexual orientation and gender identity.

These include:

Violent attacks, ranging from aggressive verbal Discriminatory treatment, which can take abuse and psychological bullying to physical place in a range of everyday settings, including assault, beatings, torture, kidnapping and workplaces, schools, family homes and 1 targeted killings. 4 hospitals. Without national prohibiting discrimination by third parties on grounds of sexual orientation and gender identity, Discriminatory criminal laws, often used to such discriminatory treatment continues harass and punish LGBT people, including unchecked, leaving little recourse to those laws criminalizing consensual same-sex affected. In this context, lack of legal 2 relationships, which violate rights to recognition of same-sex relationships or and to freedom from discrimination. of a person’s gender identity can also have a discriminatory impact on many LGBT individuals. Discriminatory curbs on free speech and related restrictions on the exercise of rights to freedom of association and assembly, 3 including laws banning dissemination of information on same-sex sexuality under the guise of restricting the spread of so-called LGBT “propaganda.” United Nations Free & Equal

What have the UN General Assembly and Human Rights Council said on this subject?

The United Nations General body to adopt a wide-ranging Commissioner for Human Rights, Assembly, in a series of resolutions, resolution on human rights, sexual was released in December 2011. has called on States to ensure the orientation and gender identity. It pointed to a pattern of protection of the right to life of all Resolution 17/19 expressed and discrimination directed at persons under their jurisdiction the Council’s “grave concern” at individuals because of their sexual and to investigate promptly and violence and discrimination against orientation and gender identity. thoroughly all killings including individuals based on their sexual Its findings and recommendations those motivated by the victim’s orientation and gender identity, and formed the basis of a panel sexual orientation and gender commissioned a study on the scope discussion that took place at the identity (see, for example, resolution and extent of these violations and Council in March 2012 – the first A/RES/67/168). the measures needed to address time a formal intergovernmental them. debate on the subject had been In June 2011, the United Nations taken place at the United Nations. Human Rights Council became The requested study, prepared the first UN intergovernmental by the Office of the High

What practical steps does international law require States to take in order to safeguard the rights of LGBT people?

The core legal obligations of States with respect to protecting the human rights of LGBT people include obligations to:

Protect individuals from homophobic Prohibit discrimination based on sexual and transphobic violence and prevent orientation and gender identity. Enact torture and cruel, inhuman and degrading legislation that prohibits discrimination 1 treatment. Enact hate crime laws that 3 on the grounds of sexual orientation and discourage violence against individuals gender identity. Provide education and based on sexual orientation, and set training to prevent discrimination and up effective systems for reporting hate stigmatization of LGBT and intersex people. motivated acts of violence, including effectively investigating, and prosecuting Safeguard freedom of expression, perpetrators, bringing those responsible to association and peaceful assembly for . Provide training to law enforcement all LGBT people and ensure that any officers and monitor places of detention, 4 restrictions on these rights – even where and provide a system for victims to seek such restrictions purport to serve a remedies. Additionally, asylum laws and legitimate purpose and are reasonable policies should recognize that persecution and proportionate in scope – are not based on sexual orientation may be a valid discriminatory on grounds of sexual basis for an asylum claim. orientation and gender identity. Promote a culture of equality and diversity that Repeal laws criminalizing homosexuality encompasses respect for the rights of LGBT 2 including all legislation that criminalizes people. private sexual conduct between consenting adults. Ensure that individuals are not arrested or detained on the basis of their sexual orientation or gender identity and are not subjected to any degrading physical examinations intended to determine their sexual orientation.