BREAKING NEWS: Historic Decision: UN Human Rights Council Passes First-Ever Resolution on Sexual Orientation and Gender Identity
Geneva, June 17, 2011 — In a groundbreaking achievement for upholding the principles of the Universal Declaration of Human Rights (UDHR), the United Nationsan international organisation comprising 193 member States. It has the mission of maintaining peace and security, protecting human rights, providing humanitarian aid and ensuring economic and social development across the globe. It is a network of many different bodies and agencies, each of which has a particular role and responsibility. More Human Rights Councilan inter-governmental body within the United Nations which has the responsibility to promote and protect human rights. It is comprised of 47 member States, each elected to 3-year terms by the 193 member States of the United Nations. More has passed a resolution on human rights violations based on sexual orientationrefers to a person’s capacity for profound emotional, affectional and sexual attraction to - and intimate and sexual relations with - individuals of a different gender or the same gender or more than one gender. More and genderrefers to a social construct which places cultural and social expectations on individuals based on their assigned sex. More identity (L9/rev1).
The resolution, presented by South Africa along with Brasil and 39 additional co-sponsors from all regions of the world, was passed by a vote of 23 in favour, 19 against, and 3 abstentions. A list of how States voted is attached. In its presentation to Council, South Africa recalled the UDHR noting that “everyone is entitled to all rights and freedoms without distinction of any kind” and Brasil called on the Council to “open the long closed doors of dialogue”.
Today’s resolution is the first UN resolution ever to bring specific focus to human rights violations based on sexual orientation and gender identityrefers to a person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth. More, and follows a joint statement on these issues delivered at the March session of the council. It affirms the universality of human rights, and notes concern about acts of violence and discriminationunequal or unfair treatment which can be based on a range of grounds - such as age, ethnic background, disability, and diverse sexual orientations, gender identities and expressions or sex characteristics, amongst others. More based on sexual orientation and gender identity. This commitment of the Human Rights Council sends an important signal of support to human rights defenders working on these issues, and recognizes the legitimacy of their work.
“The South African government has now offered progressive leadership, after years of troubling and inconsistent positions on the issue of sexual orientation and gender identity. Simultaneously, the government has set a standard for themselves in international spaces. We look forward to contributing to and supporting sustained progressive leadership by this government and seeing the end of the violations we face daily”, said Dawn Cavanagh, of the Coalition of African Lesbians
The resolution requests the High Commissioner for Human Rights to prepare a study on violence and discrimination on the basis of sexual orientation and gender identity, and calls for a panel discussion to be held at the Human Rights Council to discuss the findings of the study in a constructive and transparent manner, and to consider appropriate follow-up.
“That we are celebrating the passage of a UN resolution about human rights violations on the basis of sexual orientation is remarkable, however the fact that gender identity is explicitly named truly makes this pivotal moment one to rejoice in,” added Justus Eisfeld, Co-Director of GATE. “The Human Rights Council has taken a step forward in history by acknowledging that both sexual and gender non-conformity make lesbianadjective/noun to describe a woman whose enduring physical, romantic, and/or emotional attraction is to other women. Women and non-binary people may use this term to describe themselves. More, gayadjective to describe people whose enduring physical, romantic, and/ or emotional
attractions are to people of the same gender. Men, women and non-binary people may use this
term to describe themselves. More, transadjective/umbrella term to describe a person whose gender identity does not match the sex they were assigned at birth. More* and bi people among those most vulnerable and indicated decisively that states have an obligation to protect us from violence.”
“As treaty bodies, UN special proceduresindependent human rights experts within the UN Human Rights Council with mandates to report and advise on human rights from a thematic or country-specific perspective. They are non-paid and elected for 3-year mandates that can be re-conducted for another three years. Special procedures can undertake country visits, and act on individual cases of reported violations by sending communications to States and others. They also engage in advocacy, raise public awareness, provide advice for technical cooperation, and contribute to the development of international human rights standards.
More, and national courts have repeatedly recognized, international human rights lawa legal system laying down obligations which States are bound to respect. By becoming parties to international treaties, States assume obligations and duties under international law to respect, protect and fulfil human rights – including by putting into place domestic measures and legislation. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual complaints or communications are available at the regional and international levels to help ensure that international human rights standards are respected. More prohibits discrimination on the grounds of sexual orientation and gender identity.”, declared Alli Jernow, of the International Commission of Jurists.
The resolution is consistent with other regional and national jurisprudence, and just this week, the 2011 United Nations Political Declaration on HIV and AIDS recognised the need to address the human rights of men who have sexrefers to the classification of a person as male, female, or other - usually made at birth, written on a birth certificate, and usually based on the appearance of their external anatomy. A person’s sex, however, is actually a combination of bodily characteristics, including chromosomes, hormones, internal and external reproductive organs, and secondary sex characteristics. More with men, and the Organization of American States adopted by consensus a resolution condemning violence and discrimination on the basis of sexual orientation and gender identity.
Earlier in this 17th session of the Human Rights Council, the UN Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo, reported to the Council that:
“Contributory factors for risk of violence include individual aspects of women’s bodily attributes such as race, skin colour, intellectual and physical abilities, age, language skills and fluency, ethnic identity and sexual orientation.”
The report also detailed a number of violations committed against lesbian, bisexualadjective used to describe a person who has the capacity to form enduring physical, romantic, and/ or emotional attractions to those of the same gender or to those of other genders. More and trans women, including cases of rape, attacks and murders. It is therefore regrettable that a reference to “women who face sexuality-related violence” was removed from the final version of another resolution focused on the elimination of violence against women during the same session.
“Despite this inconsistency, we trust the UN resolution on sexual orientation and gender identity will facilitate the integration of the full range of sexual rights throughout the work of the UN.”, said Meghan Doherty, of the Sexual Rights Initiative.
A powerful civil society statement was delivered at the end of the session, welcoming the resolution and affirming civil society’s commitment to continuing to engage with the United Nations with a view to ensuring that all persons are treated as free and equal in dignity and rights, including on the grounds of sexual orientation and gender identity.
“Now, our work is just beginning”, said Kim Vance of ARC International. “We look forward to the High Commissioner’s report and the plenary panel next March, as well as to further dialogue with, and support from, those States which did not yet feel able to support the resolution, but which share the concern of the international community at these systemic human rights abuses.”
ARC International, John Fisher (Geneva) +
Amnesty International, Peter Splinter (Geneva) or Emily Gray (London)
CAL – Coalition of African Lesbians, Dawn Cavanagh (South Africa)
COC Nederland, Björn van Roozendaal?(Netherlands)
Council for Global Equality, Mark Bromley (Washington)
GATE – Global Action for Trans* Equality, Justus Eisfeld (New York) or Mauro Cabral (Argentina)
Heartland Alliance for Human Needs & Human Rights, Stefano Fabeni (Washington)
Human Rights Watch, Siphokazi Mthathi (South Africa) 0 or Juliette De Rivero (Geneva) +
IDAHO – International Day Against Homophobiafear, unreasonable anger, intolerance or/and hatred directed towards people attracted to others of the same gender. More and Transphobiarefers to negative cultural and personal beliefs, opinions, attitudes and behaviours based on prejudice, disgust, fear and/or hatred of trans people or against variations of gender identity and gender expression. More, Joel Bedos (France)
IGLHRC – International Gay and Lesbian Human Rights Commission,
ILGA- the International Lesbian, Gay, Bisexual, Trans and Intersexan umbrella term for the spectrum of variations of sex characteristics that naturally occur within the human species. Intersex people are born with variations of sex characteristics (such as genitals, reproductive organs, hormonal and chromosomal patterns) that are more diverse than stereotypical definitions of male or female bodies. Up to 1.7% of the global population are born with such traits; yet, because their bodies are seen as different, intersex children and adults are often stigmatised and subject to harmful practices – including in medical settings - and discriminated against. More Association, Renato Sabbadini
International Campaign Stop Trans Pathologization STP 2012,
International Commission of Jurists, Alli Jernow
International Service for Human Rights (ISHR), Bjorn Pettersson (Geneva),
Sexual Rights Initiative, Meghan Doherty, Sexual Rights Initiative,
Thailand’s Sexual Diversity Network, Paisarn Likhitpreechakul
Transgender Europe (TGEU), Carla LaGata (Germany)
Records of Vote and Co-Sponsorship
Council member States supporting the resolution: Argentina, Belgium, Brazil, Chile, Cuba, Ecuador, France, Guatemala, Hungary, Japan, Mauritius, Mexico, Norway, Poland, Republic of Korea, Slovakia, Spain, Switzerland, Ukraine, Thailand, UK, USA, Uruguay
Council member States against the resolution: Angola, Bahrain, Bangladesh, Cameroon, Djibouti, Gabon, Ghana, Jordan, Malaysia, Maldives, Mauritania, Nigeria, Pakistan, Qatar, Moldova, Russian Federation, Saudi Arabia, Senegal, Uganda.
Abstentions: Burkina Faso, China, Zambia
Absent: Kyrgyzstan, Libya (suspended)
Co-Sponsors of the resolution: Albania, Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Canada, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Honduras, Iceland, Ireland, Israel, Italy, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Serbia, Slovenia, South Africa, Spain, Sweden, Switzerland, Timor-Leste, United Kingdom of Great Britain and Northern Ireland, United States of America, and Uruguay.
