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Throughout 2010, airs of social and political change swept through the Americas from the north to the south. Many activists are aware, though, that the gains to date are small steps towards living and fully enjoying their rights, and they know that they must continue to pressure the States to promote and protect the human rights of all people, no matter what their sexual orientation and gender identity.
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The legal status of lesbians, gays, bisexual and transgender (LGBT) people varies widely around the world, but nowhere do they enjoy equality of rights with heterosexuals.
Leading the vanguard, South Africa, Fiji and Ecuador include sexual orientation as a category protected from discrimination in their Constitutions. However, many other countries maintain laws that prohibit or regulate sexual activity between consenting adults of the same sex. Often called 'sodomy' laws, some statutes regulate specific sexual acts (for example anal sex) regardless of gender or sexual orientation while others prohibit a range of same-sex sexual activities. Many laws are quite broad in their scope, for example prohibiting any 'unnatural' or 'indecent' sexual act. In some countries, in particular Moslem nations where very conservative forms of Sharia law are followed, such as Saudi Arabia and Iran, homosexual acts are illegal, and subject to a maximum penalty of death. In other countries -and more often the case with lesbian relationships- national laws make no mention regarding either their criminalization or legality.
In 1994 the United Nations Human Rights Committee, ruling in a case brought by an Australian against a law criminalizing consensual sex between adult men in the state of Tasmania, Australia, found that such laws violate the right to privacy and to freedom from discrimination and added that the reference to 'sex' in the non-discrimination clauses of the International Covenant on Civil and Political Rights (ICCPR) (Articles 2(1) and 26) should be taken as including 'sexual orientation'. In other words, the rights set out in the ICCPR cannot be denied to any individual because of their sexual orientation.
Both the criminalization and the legal invisibility of homosexual relations affects the rights of lesbians and gays to equal treatment, opportunities and access in areas such as employment, housing, public services, pensions, health benefits, etc.
While profound socio-cultural changes are necessary for LGBT people to be able to enjoy and exercise their full rights as equal citizens in society, campaigning for legal reforms to eliminate existing discriminatory legislation and introduce new laws that explicitly defend freedom of sexual orientation is an important step towards achieving those changes. Many national and international LGBT organizations dedicate at least part of their energies to lobbying for such reforms, and in some cases to defending gains already made against conservative backlash.
This survey from the International Lesbian and Gay Association (ILGA) covers all the main areas of law of concern to LGBT people: sexual offences law, freedom of association and expression, anti-discrimination legislation, employment protection, partnership, parenting, laws affecting transgendered people, and the human rights aspects of HIV/AIDS.
This 2008 version of the map created by the International Lesbian and Gay Association (ILGA) shows the legal status of lesbian, gay, bisexual, trans and intersex (LGBTI) people in the world. It is release on occasion of the association’s 30th anniversary. Founded in 1978, ILGA is now a federation of over 600 groups in over 90 countries campaigning for LGBTI rights. April 2008.
While state after state in the U.S. closes its doors to the prospect of same-sex marriage, lesbian and gay relationships have been gaining acceptance in the rest of the world. Last month, South Africa joined the Netherlands, Belgium, Canada and Spain in opening civil marriage to same-sex couples, allowing them equal economic benefits, legal rights and social status as families. Despite the backlash, one fact is self-evident. The trend toward recognizing the dignity and love of two people of the same sex will not disappear. As barriers to same-sex couples fall, courts, legislatures, religious denominations and businesses everywhere will need to respond. December 2006.
Based on the rights to freedom, non-discrimination and human dignity, consistent with the principles of universality, integrality and indivisibility enshrined in the Universal Declaration of Human Rights and recognizing that rights are interrelated and interdependent, it can be affirmed that the sexual rights of women and men of all ethnic groups, sexual orientations, gender identities, political opinion, religions and social, economic, cultural and other conditions are human rights. By Ana Elena Obando.
Last week, the United Nations General Assembly’s Third Committee on Social, Humanitarian and Cultural issues voted to remove - 79 to 70 (17 abstentions and 26 absent) - “sexual orientation” from a resolution protecting persons from extrajudicial, summary or arbitrary executions.
In a powerful victory for the principles of the Universal Declaration of Human Rights, 66 nations at the UN General Assembly supported a groundbreaking statement confirming that international human rights protections include sexual orientation and gender identity. It is the first time that a statement condemning rights abuses against lesbian, gay, bisexual, and transgender people has been presented in the General Assembly. December 2008.
The United Nations is a large and complex set of institutions. It has three great mandates: peace and security, development and human rights. On the human rights of lesbian, gay, bisexual, transgender and intersex people (LGBTI) the UN is divided. In the political bodies many States oppose recognition, but the ground is shifting, if slowly, underneath their feet. In the meantime progress has been occurring in two other parts of the UN system – the treaty bodies and the special procedures. The meeting in Yogyakarta in November, 2006, brought these three groups together – academics, UN experts and representatives of NGOs. But was this a UN meeting? No. Was it an academic meeting? No. Was it an NGO meeting? No. None of the above and all of the above. June 2008.
The Yogyakarta Principles are the outcome of a long and difficult historical process through which the diversity of bodies, identities, sexualities and genders has been progressively infused in the overarching framework of the international human rights principles. December 2007.
Looking back at the Beijing Platform for Action and Brazil’s abandoned resolution on discrimination on the basis of sexual orientation, Françoise Girard identifies critical points in the efforts to include sexual orientation in UN discourse.
The Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity, released by a group of 29 international human rights experts on 26 March 2007, is a collection of groundbreaking international legal principles on sexual orientation, gender identity, and international law that charts a way forward for both the United Nations and governments to ensure the universal reach of human rights protections. March 2007.
The statement delivered by Norway this Friday December 1 is but a step, a glorious and historic one with the greatest government support ever, in a process started in 1992 with the first speech on gay rights ever given at the United Nations. An arduous process which fortunately and unexpectedly went through an acceleration in 2003 when Brazil presented the first resolution banning discrimination on sexual orientation and gender identity. December 2006.
In April 2003, Brazil presented a resolution on sexual orientation at the United Nations Commission on Human Rights in Geneva (UNCHR). The text banned all discrimination on the grounds of sexual orientation and simply asserted that sexual diversity is an integral part of Universal Human Rights. In 2005, for the third year in a row, the UN Commission did not discuss nor vote the Brazilian initiative. The Brazilian resolution finally dropped off the official agenda of the UNCHR this year. But the topic of sexual orientation was quite present in Geneva throughout the Commission. May 2005.
The resolution presented by Brazil to the United Nations Commission on Human Rights (UNCHR) gathered 45.000 signatures in 2004 but is still open in order to be presented again this year at the UNCHR. This text basically claims that sexual orientation is a basic universal human right. February 2005.
On the same day that Brazil announced the postponement of a resolution on human rights and sexual orientation that would condemn discrimination at a meeting of the U.N. Human Rights Commission in Geneva, a roundtable originally planned to support the Brazilian initiative took place, exemplifying the need for such initiatives.
The UN Human Rights Commission vote on a resolution presented by Brazil calling on States to protect the rights of all persons, independently of their sexual orientation. The adoption of this resolution would put an end to sexual minorities’ exclusion from the full protection of the UN system.
In December 2002, the Buenos Aires City Legislature passed a civil unions bill, which creates a Civil Union Register -open to couples without gender restrictions- and grants registered couples the same rights that the city grants to spouses and family members. In the same month, the Rio Negro Province Legislature passed a law granting same-sex couples the same rights enjoyed at state levels by de-facto unions, except the possibility to marry and adopt children.
Article on the Constitutional Court ruling that same-sex couples may jointly adopt children, and the announcement by South African insurance giant Sanlam that it would offer same-sex couples specially adapted services.
The local council of Tecate, Baja California, Mexico, has passed an amendment penalizing 'men who dress as women and move around public places, causing perturbation' with arrest and a fine equal to 40 days' salary at the minimum wage.
A statement from the Equality Project on the Pretoria High Court ruling against the applicants in a case brought by a same sex couple seeking to have their relationship recognised in law.
A group of organisations and individuals from South Africa appeal to President Museveni and leaders of the National Resistance Movement, the majority party in the Ugandan parliament, to urge that the NRM campaigns for the proposed Bill be withdrawn and that consensual same-sex relations be decriminalised in the Republic of Uganda. January 2010.
Nigerian lesbians, gay men, bisexuals and transgenders speak out against a proposed law in a new report by the International Gay and Lesbian Human Rights Commission (IGLHRC). The report, “Voices from Nigeria” provides personal accounts of homophobic attacks, arbitrary arrests and detentions, and increased levels of homophobia that have already begun as a result of the introduction of the legislation, referred to as the Same-Sex Marriage Prohibition Act. November 2006 (pdf version).
Vatican has launched a special document: "Considerations on unions between homosexual persons", directing the clergy to pressure on Catholic politicians. In this report we provide opinions, the official Vatican document, and Bush Administration and Muslim States statements.
In this comprehensive review the authors describe developments affecting the lesbian and gay movement in each of the main international human rights bodies.
A number of inter-governmental organizations, international conferences, and non-governmental organizations working in the context of international and regional human rights protections have recognized the duty of governments to protect persons against discrimination based on sexual orientation or sexual identity (pdf version).
International human rights law and the lesbian and gay rights movement have grown up together in the post-war period. Both are evolving from their western origins to a world-wide presence. 2005.
On August 7, 2007, the first significant step in promoting region-wide sexual and gender rights in Latin America was taken when the human rights committee of the Southern Common Market issued a declaration to recognize and promote an end to discrimination against sexual and gender minorities by member countries. Should the entire Southern Common Market pass the resolution, it will result in sweeping changes to the rights and policies affecting lesbian, gay, bisexual and transgender people in Latin America, according to the International Gay and Lesbian Human Rights Commission (IGLHRC).
The case of Marta Alvarez, a lesbian in prison in Colombia, who fought to obtain visitation rights for her partner - a right that heterosexuals enjoy in Colombian prisons. Her case was presented by several national and international LGBT and human rights NGOs to the Inter-American Human Rights Commission in 1999. It was the first time that the IHRC agreed to mediate a case involving discrimination based on sexual orientation.
This statute criminalizes homosexual acts and is based on the British Offences Against the Person Act (1861) which was subsequently instituted in all colonized countries, including India and Ireland.
It is not actually illegal to be homosexual in Jamaica; however, the law makes certain 'homosexual acts' illegal, and it is these laws which are used to persecute gay men.
Article 31 of the National Human Rights Committee Law states that "no individual is to be discriminated against on the basis of his or her sexual orientation", however, the government continues to discriminate against sexual minorities.
Throughout 2010, airs of social and political change swept through the Americas from the north to the south. Many activists are aware, though, that the gains to date are small steps towards living and fully enjoying their rights, and they know that they must continue to pressure the States to promote and protect the human rights of all people, no matter what their sexual orientation and gender identity.
In the last two weeks, Mexico's Supreme Court has taken two fundamental steps in recognising the rights of gays and lesbians. On Monday, it voted to uphold a Mexico City law that allows same-sex couples to adopt.
In June 2008, the media brought the existence of transgender toilets in a Thai school to the attention of the local public. Shortly afterwards, the news reached the gaze of an international audience. The media’s focus was on the toilets in Kampaeng High School, a secondary school in North East Thailand. According to reports, the toilets were constructed after a survey of the school’s 2,600 students revealed that approximately 200 of them identified as transgender. Media reports indicated that the facilities were built to alleviate their students’ discomfort—showcasing Thailand as a country with a unique tolerance for diversity that extends to gender identity issues. November 2008.
Decriminalization is one of the main goals of the International Gay and Lesbian Human Rights Commission (IGLHRC). The impact of criminalizing non-heteronormative behavior and sexual relationships has far-reaching consequences—violence and discrimination against LGBT people; vulnerability to abuse and extortion; living conditions that are at best isolating and at worst lethal. This regional update is written by IGLHRC’s Regional Coordinator for Asia and the Pacific Islands, Grace Poore in an effort to unpack the impact of anti-sodomy laws like 377, which in this instance, has been used during political rivalries to engage in criminal and legal persecution of opponents. July 2008.
Turkey should urgently change law and policy to protect lesbian, gay, bisexual, and transgender (LGBT) people from extensive harassment and brutality on the streets, in homes, and in state-run institutions, Human Rights Watch said in this report. Human Rights Watch also called on the European Union to make Turkey’s membership aspirations contingent on ending endemic abuses and guaranteeing equal rights and protection for LGBT people. May 2008.
On November 21, 2007, the Supreme Court of Nepal heard a writ petition submitted by Blue Diamond Society (BDS) and three other Nepali LGBTI groups demanding protection of their legal rights. Their demands were threefold: to recognize the civil rights of transgender people without requiring them to renounce one gender identity for another; to create a new law preventing discrimination and violence against LGBT communities; and to require the state to make reparations to LGBT victims of state violence and/or discrimination. In response to a request by BDS for legal observers to be present at the hearing, the International Gay and Lesbian Human Rights Commission (IGLHRC) commissioned a team of lawyers from India, Vivek Divan and Arvind Narrain, to serve as court observers and share legal strategy with BDS legal counsel. December 2007 (pdf version).
Section 377 of India's Penal Code states that "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." The law appears to be neutral, penalizing all sexual acts "against the order of nature" or non-procreative sex such as anal sex and masturbation, among both homosexuals and heterosexuals. However, in its interpretation and implementation, only certain populations get stigmatized and criminalized. These groups are same sex desiring people, including those who identify as lesbian, gay, bisexual and transgender (LGBT). An interview with Sunita Kujur of Creating Resources for Empowerment in Action (CREA). November 2007.
Sodomy laws make it a crime to engage in non-procreative sex. Crimes against nature, deviant sexual conduct, and homosexual conduct are among the many terms used within criminal codes around the world. Frequently, in the context of arrests and imprisonment, an actual act of sodomy has not been committed. Rather, the law is used to target those whose sexuality is believed to defy social norms and preferences for heterosexual relationships and to justify state action in removing the "offenders" from the community. July 2007.
'An act to amend the constitution of Jamaica to provide for a charter of rights and for connected matters', presented by the Jamaica Forum for Lesbians, All-Sexuals and Gays (J-FLAG).
The International Council on Human Rights Policy announced the publication of 'Sexuality and Human Rights', the first in a new series of discussion papers to be published by the International Council. The paper, written by leading academic Alice M. Miller, examines the content of sexual rights and the evolution of their discussion, and identifies a number of problematic issues for further discussion. July 2009 (pdf).
SexPolitics - Reports from the Front Lines is the outcome of a project launched by Sexuality Policy Watch (SPW) in 2004: a transnational, cross-cultural research initiative to capture some dynamics of sexual politics in our time. Research was performed in eight countries - Brazil, Egypt, India, Peru, Poland, South Africa, Turkey, and Vietnam - and in relation to two global institution, the United Nations and the World Bank.
