MMUN 2018 | UNHRC Issue #02
United Nations Human Rights Council
- Background Guide - Topic B
Student Officer: Abigail Reyes La Ceiba, Honduras
MMUNS 2018 | UNHRC
Table of Content
Introduction ➢ Welcoming………………………………………………………………………..2 ➢ Committee Background………………………………………………………....3 ➢ Mission Statement……………………………………………………………….3 ➢ Topic Overviews………………………………………………………………....4
Topic B: Balancing religious liberty and LGBTQ+ rights ➢ Background Information……………………………………………………….5 ➢ Background Information……………………………………………………….6 ➢ Timeline of Events………………………………………………………………7 ➢ Current Situation……………………………………………………………….8 ➢ Countries Involved……………………………………………………………...9 ➢ Focus Questions………………………………………………………………...10 ➢ Important Research Links……………………………………………………..11 ➢ References……………………………………………………………………….12
Background Guide | Page 1 of 11
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Greetings delegates,
It is a pleasure for us to receive you as the 2018 MMUNS’s new members of the Human Rights Council Committee. From this point on, it’s your duty to deliberate about certain issues concerning human rights worldwide with the help of other delegates in order to come up with virtuous solutions for such problems. We are more than pleased to see you all debate and get to live such an amazing experience here at Mazapan Model United Nations Simulation. I hope you’re all able to put in practice your different skills in order to make this event even more thrilling. Hello, fellow delegates and welcome to MMUNS 2018! My name is Denisse Sandoval, I’m 16 years old, currently a Junior, here at Mazapan School and I’m beyond excited to be taking the role of your chair in this year’s UNHCR Committee. I’ve been involved in MUN for three years now and I can assure it’s definitely an amazing experience. I’d have to say that each conference has successfully allowed me to become better at public speaking and at understanding problems that have an international impact. I encourage you all to participate as much as possible, since it allows debating to become a much more memorable experience. May you all enjoy this conference and make the best of it! Welcome delegates to Mazapan Model United Nations Simulation 2018! It’s a pleasure for me to introduce myself. My name is Abigail Reyes, I’m 16 years old, and I’m a junior at Mazapan School. I’m more than excited to be one of your chairs this year. I have attended four MUNs now and I’m thrilled to get to know each one of you this year. I expect participation from all delegates to propose solutions and discuss the global situation in order to make this conference successful. Prepare delegates, we’re about to make a difference!
Denisse Sandoval ➢ [email protected] Abigail Reyes ➢ [email protected]
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Committee Background
The Human Rights Committee is the successor to the United Nations Commission on the Human Rights. This committee works closely with the Office of the High Commissioner for Human Rights (OHCHR) and the General Assembly. UNHRC addresses every important topic that endangers or violates any human right. Currently the UNHRC holds 47 members that are elected for a term of three years.
UNHRC was established on March 2006, after the General Assembly decided to replace the previous Council for Human Rights, which was criticised for allowing countries with poor human rights records to be members. Since then, it has been involved in strengthening its ability to protect and promote human rights and be respond to the needs of victims of rights violations around the globe.
Mission Statement
“The mission of the Office of the United Nations High Commissioner for Human Rights (OHCHR) is to work for the protection of all human rights for all people; to help empower people to realize their rights; and to assist those responsible for upholding such rights in ensuring that they are implemented.” - United Nations High Commissioner for Human Rights
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Topic B Overview: ➢ Balancing religious liberty and LGBTQ+ rights
In this political climate, we observe the different boundaries between religious freedom values and LGBTQ+ rights which have been constantly in conflict. Since same-sex marriage has been declared, there have been many opposing religious groups. Throughout many years there have been a serious discrimination against LGBT people, there is not an adequate legal protection that ensures their safety. Statics state that in 77 countries they have inculcated laws against transgenders for their dressing code and many of this discriminatory laws expose the individual to the risk of being persecuted or imprisonment. In other countries death penalty has been legalize. Since the problem keeps spreading, there have been many concerns for the Human Rights Council. In order to protect the individual, from homophobic and transphobic violence, prevent torture or degrading treatment, repeal laws criminalizing homosexually and transgender people; Prohibit discrimination based on sexual orientation and the right of freedom of speech of the individual.
Focus questions ➢ Should religious groups, such as Christians Conservative argue against the “special” rights that are granted to the LGBT community? ➢ What means can be taken in order to reduce counter effects on either side of the issue?
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Background Information
The dilemma between otorgating the protectionist rights to LGBT people is contradicting the moral values of the church and how men and women should be united. Nowadays in various countries same sex marriage have been legalized and the opinion of the public is highly diverse causing controversials between them. Getting into Religious freedoms protections such as housing, Churches and other religiously affiliated organizations that own noncommercial housing units can give preferences to those of their own faith. Religious schools may establish values-based regulations for students housing. For employment Churches and religious schools may make employment decisions based on religious principles. All employees may express their religious convictions about matters of faith, marriage, family and sexuality outside the workplace, non-disruptive ways. All employers are free to establish reasonable employment regulations that are consistent with their values, including those in use of private facilities. In marriage religious officials and religiously affiliated organizations cannot be required to solemnize any marriage that is contrary to their religious beliefs, or provide goods,services, facilities or grounds for activities connected with a marriage that is contrary to their religious beliefs. Non religious schools have boundaries regarding sexuality or gender identity of the individual. Many committees such as UNHRC are responsible for the protections of human rights. Recently many states have determined an efforts to reinforce LGBT rights including laws banning discrimination, penalizing homophobic and transphobic hate crimes, grating recognition of the same sex relationships and making it comfortable for transgenders to obtain their official documents that portrays the gender of their choosing. Also various training programs have been developed for police, prison staff, teachers, and social workers. Since discrimination is one of the main root of the conflicts institutions have implemented anti-bullying in many schools. Since 2003 the General Assembly has called attention to the violations to different sexual oriented people. Several deaths have occured in the LGBT community. By 2011 the Human Rights Council adopted a resolution 17/19 that declared that the first United Nations on sexual
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MMUNS 2018 | UNHRC orientation and gender identity- expressing the concern at violence and discrimination against the individuals based on their gender identity.
One of the main reasons behind this daily conflict is the fact that the constitutions does not includes competing values. The requirements of the free exercise and the establishments of certain clauses, freedom of association and the anti-discrimination on the basis of their “faith”. For example Conservative Christians are increasingly positioning themselves as a threatened minority group in need of special rights. Many of the religious groups views it as if LGBT people are granted special rights, which makes them argue for the difference of treatment.
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Timeline of Events
1885 Offence of "gross indecency" created, making all sexual acts between men illegal. Previously the only law on gay sex was the prohibition of sodomy (which applied equally to heterosexuals).
1895 Oscar Wilde prosecuted for gross indecency and sentenced to two years in prison.
1957 Wolfenden committee recommends the decriminalisation of gay sex between consenting adults over 21, except in the armed forces.
1967 Gay sex decriminalised, with new privacy clause - no act may take place where a third party is likely to be present. Age of consent set at 21 (compared to 16 for heterosexuals and lesbians).
June 1969 Police raid on the gay Stonewall Inn in New York sparks five days of rioting. Widely regarded as the single most important event in history of gay rights. Gay Liberation Front (GLF) formed in New York.
July 1972 London GLF (founded 1970) organises first UK Gay Pride march, with 700 people marching through the capital. By 2002, Gay Pride has grown to 10 regional events with more than 250,000 participants.
1980 Gay sex decriminalised in Scotland on similar terms to 1967 act.
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1982 Decriminalisation extended to Northern Ireland following European Court of Human Rights decision.
May 1998 "Clause 28" of local government bill bans the "promotion" of gay relationships in schools as a "pretend" family relationship. Provokes outrage among gay groups and many teachers.
1994 Age of consent for gay men reduced to 18.
1997 Labour elected to office. Culture secretary Chris Smith becomes the first openly gay cabinet minister.
August 1998 Journalist Matthew Parris accidentally "outs" trade and industry secretary Peter Mandelson on Newsnight. Mr Mandelson complains and a BBC memo subsequently bans any repetition of the claim.
September 1999 Leading Tory Michael Portillo, ousted at 1997 election, admits to gay "experiments" as a student. He returns to parliament as MP for Kensington and Chelsea.
June 2000 The Scottish parliament votes 99 to 17 with two abstentions to abolish Clause 28.
July 2000 The Commons passes legislation to repeal Clause 28 in England and Wales; under a three-line whip, Conservative MPs oppose the bill. The move is defeated by bishops and Tories in the Lords. Background Guide | Page 8 of 11
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January 2001 After three defeats in the Lords, Labour government forces through law lowering age of consent for gay men to 16. The Scottish parliament votes to adopt legislation north of the border.
January 2001 A ban on gays serving in the armed forces is overturned. Same-sex couples are given the right to adopt children jointly.
July 2002 Tory frontbench spokesman Alan Duncan announces his homosexuality, becoming first openly gay Conservative MP.
November 2002 After a hardline approach on gay adoption rights, which provokes a disastrous rebellion, Iain Duncan Smith pledges not to force Tory MPs to defend Clause 28.
January 2003 Labour backs another attempt to repeal Clause 28. Tory leadership contender Michael Portillo sides ostentatiously with party modernisers.
June 2003 Gene Robinson becomes first openly gay bishop in US. The appointment of the first openly gay bishop in Britain sparks row that threatens to split Church of England.
June 2003 Government publishes proposals to give gay couples legal status that will see them "married in all but name".
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Current Situation
Including same-sex unions poses significant threats to the religious liberties of people who continue to believe that marriage is a relationship between a man and a woman. These threats have grown for several years. Society has traditionally considered marriage to be an exclusive relationship between a man and a woman based on the understanding that marriage is a fundamental social institution ordered to the common good through the bearing and raising of children. But advocates of same-sex marriage consider it as a irrational prejudice against homosexuals because it prevents them from marrying someone of the same sex and qualifying for the government benefits of the stereotypes of society. The idea that marriage is a relationship between a man and a woman is the nucleus of the problems today. But the freedom to express this and other beliefs about marriage, Family, and sexual values will come under growing pressure as courts, public officials, and private institutions. Arguments between the two burdens relates to the religious individual in society and the idea that marriage shall not be change of what we’re used to.On the other hand law is one of the major factors that intervenes between this two ideologies. Civil marriage is a legal concept that regulates the laws, and policies of the federal, state, and local governments. Which tremendously affects the rights of married individuals. However, religious individuals and institutions participate in all areas of public life, including contractors and public employees,public school students and also in the private sector as professionals and professionals of small businesses. This is where same sex marriage individuals start commanding for equality. This people in favor of same-sex marriage will expose religious individuals and institutions by assuring their support, in order to increased liability under civil rights laws that protect sexual orientation, marital status, and gender. Because these types of laws directly regulate the conduct of private individuals. Since there are different treatments between the same traditionalist marriage and the others who a different sexual orientation. So, it becomes a daily conflict balancing human rights and their lifestyle choices.
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Countries Involved
➢ China: For decades homosexuality has been treated as a mental disorder instead as different sexual orientation. Usually public hospitals or private clinics offer to these patients a conversation-therapy clearly based to change that individual sexual choice. Some of the methods of this “therapy” are including coercion and threats, physical abduction, arbitrary confinement, forced medication and injection, and use of electroshocks. Many of these cases have been government-run and even monitored, while the “experts” are violating the patients’ rights-involuntary confinement; verbal harassment and intimidation; lack of informed consent in writing or orally; and forced psychiatric intervention -violate domestic.China does not have a law protecting individuals from discrimination due to sexual orientation or gender identity. ○ However by 2001 homosesuality have been deleted by the Mental Disorder list. Which is just a 10% of progress for lesbians,bisexual, gays etc.. ○ Certain Movements that are in favor of homosexuality still faces considerable social and legal challenges. While violent and extreme hostility against LGBT, the government has significantly limited activism on behalf of LGBT rights.
➢ Nigeria: Since January 7, 2014, Nigeria’s former president, Goodluck Jonathan, signed the Same-Sex Marriage Prohibition Bill (SSMPA) into law. The law strictly explains the prohibition marriage between persons of the same sex. The law forbids any cohabitation between same-sex sexual partners and bans any “public show of same sex amorous relationship.” Major consequences such as a 10-year prison sentence on anyone who “registers or that participates in gay clubs, societies and organization” or “supports” the activities of such organizations could pass through severe punishments, ranging from 10 to 14 years in prison. One of the major scandals in Nigeria was on February 2014 in Gishiri village, approximately a group of 50 people were armed with machetes, clubs, whips, and metal wires dragged people from their homes and severely beat at least 14 men whom they suspected of being gay.
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➢ Russia: Russia legacy of homophobia continues to put the LGBT community in grave danger. The government has stated that the homosexuality is becoming a threat to Russia’s population. In Russia, the attitude of politicians and many ordinary citizens towards LGBT people is often based on ignorance, widespread prejudice and hatred. The country’s law, passed in 2013, against distributing propaganda about “non-traditional sexual orientations” to minors is one such result. Since experts stated that some children tend to have a different sexual orientation by certain articles or LGBT propaganda.Lately the situation for gay men and transgender people has only deteriorated each year since. ○ By 2016, for example, 70 gay men and eight transgender people were assaulted. Over these six years, the media published information on at least 393 victims of homophobic attacks. ○ Social Media and press has been in absolute control of the government where not all information about LGBT people attacks have been informed to the rest of the world.
➢ Afghanistan: People living in Afghanistan usually face certain unique legal and social challenges. Since homosexuality and cross-dressing are considered serious crimes in Afghanistan, possible punishment may include the death penalty. Seen to the eye of the public, homosexuality is often related with prostitution and pedophilia and the level of awareness about sexual orientation or gender identity is limited to the public. Male relationships are legal such as both females.Punishments such as imprisonment for 10 years between homosexuals. ○ The Afghanistan Law of Marriages stipulates that a legal marriage must be two Muslim adults of the opposite sex. ○ Legal incidents such as Male Adults buying little boys in exchange of objects for sexual favors is not perceived by the Afghanistan culture since they do not considered such actions as LGBT violations.
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Focus Questions
➢ What means can be taken in order to balance Religious Liberty and LGBTQ+ rights?
➢ What other rights violations apart from LGBT rights are in your country? If not, propose solutions for discrimination or human abuse in other countries.
➢ How can there be a control to reduce the counter effects from religious groups and LGBTQ+ rights supporters?
➢ What steps should be taken in order to assure every humans safety not taking in account their sexual orientation or religious believes?
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Useful Links https://www.hrw.org/report/2016/10/20/tell-me-where-i-can-be-safe/impact-nigerias-same-sex-m arriage-prohibition-act http://www.heritage.org/marriage-and-family/report/same-sex-marriage-and-the-threat-religious- liberty https://www.mormonnewsroom.org/article/explaining-religious-freedom-and-lgbt-rights http://www.pewresearch.org/fact-tank/2015/06/26/how-a-supreme-court-decision-for-gay-marria ge-would-affect-religious-institutions/ http://www.ohchr.org/EN/Issues/Discrimination/Pages/LGBT.aspx
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Reference
“LGBT Discrimination.” OHCHR | Combating discrimination based on sexual orientation and gender identity, www.ohchr.org/EN/Issues/Discrimination/Pages/LGBT.aspx http://www.ohchr.org/EN/Issues/Discrimination/Pages/LGBT.aspx
“Explaining Religious Freedom and LGBT Rights.” Www.mormonnewsroom.org, 12 Mar. 2015, www.mormonnewsroom.org/article/explaining-religious-freedom-and-lgbt-rights http://www.pewresearch.org/fact-tank/2015/06/26/how-a-supreme-court-decision-for-gay-marria ge-would-affect-religious-institutions/. https://www.mormonnewsroom.org/article/explaining-religious-freedom-and-lgbt-rights http://www.pewresearch.org/fact-tank/2015/06/26/how-a-supreme-court-decision-for-gay-marria ge-would-affect-religious-institutions/
“Timeline: gay rights.” The Guardian, Guardian News and Media, 30 June 2003, www.theguardian.com/politics/2003/jun/30/immigrationpolicy.gayrights1https://www.theguardi an.com/politics/2003/jun/30/immigrationpolicy.gayrights1
“American Psychological Association.” American Psychological Association, American Psychological Association, 2017, www.apa.org/pi/lgbt/resources/history.aspxhttp://www.apa.org/pi/lgbt/resources/history.aspx
Liu, Joseph. “A Clash of Rights? Gay Marriage and the Free Exercise of Religion.” Pew Research Center's Religion & Public Life Project, 20 May 2009, www.pewforum.org/2009/05/21/a-clash-of-rights-gay-marriage-and-the-free-exercise-of-religion /http://www.pewforum.org/2009/05/21/a-clash-of-rights-gay-marriage-and-the-free-exercise-of-r eligion/
Dost, Meredith. “Section 2: Knowing Gays and Lesbians, Religious Conflicts, Beliefs about Homosexuality.” Pew Research Center for the People and the Press, 8 June 2015, www.people-press.org/2015/06/08/section-2-knowing-gays-and-lesbians-religious-conflicts-beli efs-about-homosexuality/.http://www.people-press.org/2015/06/08/section-2-knowing-gays-and- lesbians-religious-conflicts-beliefs-about-homosexuality/ Background Guide | Page 15 of 11
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Messner, Thomas. “Same-Sex Marriage and the Threat to Religious Liberty.” The Heritage Foundation, 30 Oct. 2008, www.heritage.org/marriage-and-family/report/same-sex-marriage-and-the-threat-religious-libert y.http://www.heritage.org/marriage-and-family/report/same-sex-marriage-and-the-threat-religiou s-liberty
“Conversion Therapy Against LGBT People in China.” Human Rights Watch, 21 Nov. 2017, www.hrw.org/report/2017/11/15/have-you-considered-your-parents-happiness/conversion-therap y-against-lgbt-peoplehttps://www.hrw.org/report/2017/11/15/have-you-considered-your-parents- happiness/conversion-therapy-against-lgbt-people
“The Impact of Nigeria's Same Sex Marriage (Prohibition) Act.” Human Rights Watch, 6 June 2017, www.hrw.org/report/2016/10/20/tell-me-where-i-can-be-safe/impact-nigerias-same-sex-marriage -prohibition-act.https://www.hrw.org/report/2016/10/20/tell-me-where-i-can-be-safe/impact-nige rias-same-sex-marriage-prohibition-act
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