Human rights: the principle of universality tested in resolution on sexual orientation

In 2003, at the 59th session of the United Nations’ Human Rights Commission, Brazil presented a resolution on “Human Rights and Sexual Orientation”, calling on States to protect the rights of all persons, independently of their sexual orientation. On that occasion pressures brought by Islamic countries and the Vatican led to the vote being delayed until the 60th session, to run from 15 March to 23 April 2004.

The coming meeting of the Commission in April is regarded as an opportunity for those groups working for sexual and reproductive rights to push for adoption of the Brazilian resolution and to draft a common platform based on respect for all sexualities. It will also provide an opportunity to make visible denunciations of human rights violations suffered on the basis of sexual orientation and to take a further step towards the universalization of human rights.

Amnesty International has pointed out that this is the first time that a resolution focusing specifically on sexual orientation has been presented to the Commission and that its adoption is the only way to bring an end to the intolerable exclusion from the full protection by the UN system suffered by lesbians, gays, bisexuals and transsexuals.

The Chilean Foreign Office expressed its willingness to analyze the position to be adopted by Chile at the up-coming 60th period of sessions of the Human Rights Commission, although at this time there is no information on how Chile will vote. In December 2003 the Argentinean Chamber of Deputies passed a bill (which now goes to the Upper Chamber for discussion) modifying the Anti-discrimination Law.

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