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International Diplomatic Conference 2016

THE UNITED NATIONS HUMAN RIGHTS COUNCIL


Agenda: Safeguarding the rights of sexual minorities
HUMAN RIGHTS
Human rights are rights inherent to all human beings, whatever our nationality, place
of residence, sex, national or ethnic origin, colour, religion, language, or any other
status. We are all equally entitled to our human rights without discrimination. These
rights are all interrelated, interdependent and indivisible. The founding document on
which most human rights organizations base their advocacy is the Universal
Declaration on Human Rights. From this initial document has emerged a whole series
of human rights declarations, conventions and treaties pertaining to the rights of
various marginalized groups and communities such as children, women, indigenous
people, disabled people, prisoners, religious and ethnic minorities, refugees, etc.
SEXUAL MINORITIES
Sexual minorities are a group whose sexual identity, orientation or practices differ
from the majority of the surrounding society. Usually, Sexual minorities primarily
comprise of LGBT individuals. Male-female dichotomy in hetero-normative societies
has created havoc in the life of sexual minorities thus obscuring the fact that they are
also human beings.
(The term LGBT stands for Lesbian, Gay, Bisexual and Transgender. However the term
LGBTQ+ is a more generalised term used to refer to sexual minorities.)
Sexual orientation refers to an enduring pattern of emotional, romantic, and,or sexual
attractions to men, women, or both sexes. Sexual orientation also refers to a persons
sense of identity based on those attractions, related behaviors, and membership in a
community of others who share those attractions. Sexual orientation is closely tied to
the intimate personal relationships that meet deeply felt needs for love, attachment,
and intimacy. In addition to sexual behaviors, these bonds include nonsexual physical
affection between partners, shared goals and values, mutual support, and ongoing

commitment.
Therefore, sexual orientation is not merely a personal characteristic within an
individual. Rather, ones sexual orientation defines the group of people in which one is
likely to find the satisfying and fulfilling romantic relationships that are an essential
component of personal identity for many people. Gender identity refers to the
complex relationship between sex and gender, referring to a person's experience of
self expression in relation to social categories of masculinity or femininity. A person's
subjectively felt gender identity may be at variance with their sex or physiological
characteristics. Gender identity reflects a deeply felt and experienced sense of ones
own gender. A persons gender identity is typically consistent with the sex assigned to
them at birth. For transgender people, there is an inconsistency between their sense of
their own gender and the sex they were assigned at birth. In some cases, their
appearance and mannerisms and other outwards characteristics may conflict with
societys expectations of gender-normative behavior.
We all have a sexual orientation and a gender identity, and this shared fact means that
discrimination against members of the lesbian, gay, bisexual and transgender
community, based on sexual orientation or gender identity, is a grave issue that the
world today faces.
Transgender is a term used to describe a wide range of identities including transsexual
people, cross-dressers, people who identify as third gender, and others whose
appearance and characteristics are perceived as gender atypical. Trans-women identify
as women who were born as males. Likewise, trans-men identify as men but were
classified female when they were born. Some transgender people seek surgery or take
hormones to bring their body into alignment with their gender identity; others do not.
Amnesty International believes that all people, regardless of their sexual orientation or
gender identity, should be able to enjoy their human rights. Although the UNDHR does
not explicitly mention sexual orientation or gender identity, evolving conceptions of

international human rights law include a broad interpretation to include the rights and
the protection of the rights of LGBT people around the world.
Some say that sexual orientation and gender identity are sensitive issues. I understand.
Like many of my generation, I did not grow up talking about these issues. But I learned to
speak out because lives are at stake, and because it is our duty under the United Nations
Charter and the Universal Declaration of Human Rights to protect the rights of everyone,
everywhere.
UN Secretary-General Ban Ki-moon to the Human Rights Council, 7 March 2012

HOMOPHOBIA
At the very heart of discrimination on the basis of sexual orientation, lies the
preconception we know as homophobia.
Homophobia is the hatred or fear of homosexuals which sometimes leads to acts of
violence and expressions of hostility. Homophobia is not confined to any one segment
of society, and can be found in people from all walks of life. Hate groups viciously
attack homosexuals and have especially used violent language in attempting to
persecute and intimidate these members of the LGBT community.

THE OBLIGATIONS OF MEMBER STATES OF THE HUMAN RIGHTS COUNCIL TO


FIGHT DISCRIMINATION AGAINST THE LGBT COMMUNITY
The Human Rights Council believes the obligations of Member States with respect
to protecting the human rights of LGBT people include obligations to:

Protect individuals from homophobic and transphobic violence.

Prevent torture and cruel, inhuman and degrading treatment.

Repeal laws criminalizing homosexuality and transgender people.

Prohibit discrimination based on sexual orientation and gender identity.

Safeguard freedom of expression, association and peaceful assembly for all


LGBT people.

ACCEPTING ONES ORIENTATION


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Activists and Support groups are now working towards helping people who are
uncertain about their sexual orientation and helping them accept their
homosexuality, if so is the case.
If people are to accept being part of the LGBT community, they must be proud of
themselves and must not be treated differently than the rest of the society. If
discrimination on the basis of sexual orientation continues to grow as it has, then
fewer people would accept themselves as part of the LGBT community, even if
they were- for fear of their and the safety of their loved ones.
Gay and lifestyle. Two simple words. Yet for LGBT people, those two words, put
together, are offensive and create hurt and anger. For decades anti-gay religious
conservatives have used the term "gay lifestyle" as a missile to attack LGBT people,
their community and struggle for equality. Used by others, it reveals their ignorance
of the realities of everyday LGBT lives. We dont have lifestyles, we have lives.
Anthony Venn-Brown

LAWS AND ACTIONS CONCERNING SAFEGUARDING LGBT RIGHTS


A humans sexuality is an integral part of who they are, and their sexual orientation
makes up a large part of this. It is today widely appreciated that different
individuals have different sexualities, which the law should recognise and not
criminalise. However, before 1994, international law did not expressly protect any
sexual minority. The norm was heterosexuality, i.e. a man and a woman who, in
most circumstances, had to be married before their sexual activity was sanctioned
by the law.
Article 1 of the Universal Declaration on Human Rights (UNDHR) states that: All
human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of
brotherhood. This article is the fundamental basis of human rights law. In 2008,
Article 1 of UNDHR was reaffirmed to include sexual orientation by many members
of the United Nations. But it is not only this article which outlaws the outlawing of
homosexuality. Article 2 of the UNDHR and certain articles of international
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covenants and of the European Convention on Human Rights (ECHR) also make the
prosecution of homosexuality a violation of human rights, through interpreting
protection from discrimination on the basis of other status to include sexual
orientation.
OHCHR is committed to working with member states, national human rights
institutions and civil society to achieve progress towards the worldwide repeal of
laws criminalizing LGBT persons and further measures to protect people from
violence and discrimination on grounds of their sexual orientation or gender
identity. Ongoing activities include:

Privately raising concerns and putting forward recommendations for reform


in the context of dialogue with Governments.

Monitoring and bringing to light patterns of human rights violations


affecting LGBT persons, including reporting produced by OHCHR field
presences.

Engaging in public advocacy of decriminalization and other measures


necessary to strengthen human rights protection for LGBT persons,
including through speeches and statements, newspaper articles, video
messages, fact sheets and distribution of various other materials.

Working with UN partners to implement various activities intended to


counter discrimination and violence motivated by animosity towards LGBT
persons.

Providing support for the special procedures in the context of their factfinding activities and confidential communications with Government.

Supporting the human rights treaty bodies, a number of which have


addressed the issue of discrimination linked to sexual orientation and
gender identity in previous general comments and concluding observations
and continue to highlight steps that individual States should take in order to
comply with their international treaty obligations in this respect.

Providing support for the Universal Periodic Review, which provides a forum
for concerns regarding the rights of LGBT persons to be aired and for

recommendations to be developed.
International agencies involved in emergency response have begun to narrow the
protection gap. In 2015, 12 United Nations agencies, including the UN refugee
agency (UNHCR) and the World Food Program, both major humanitarian players,
issued a joint LGBT rights statement.
It reiterated that LGBT people often face violence and discrimination when seeking
refuge from persecution and in humanitarian emergencies.
The International Organization for Migration has launched a detailed training program
for all staff involved in forced displacement and humanitarian crisis settings.

The statement:
http://www.ohchr.org/Documents/Issues/Discrimination/Joint_LGBTI_Statement_
ENG.PDF
While we have come a long way since the Stonewall riots in 1969, we still have a lot
of work to do. Too often, the issue of (LGBT) rights is exploited by those seeking to
divide us. But at its core, this issue is about who we are as Americans. Its about
whether this nation is going to live up to its founding promise of equality by treating
all its citizens with dignity and respect.
Barack Obama, President of the United States of America

RELIGION AND LGBT


Opposition to same-sex marriage and LGBT rights is often associated with
conservative religious views.
Lesbians and gay men face particular problems in conservative Islamic nations
where laws generally prohibit same-sex sexual behavior; where interpretation
of Sharia Law on male homosexuality carries the death penalty this is quite a
big problem for gay men, and this form of discrimination is seen as a breach of
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human rights by international human rights experts and human rights


organisations such as Amnesty International; with the signature of the USA in
2009, the proposed UN declaration on LGBT rights has now been signed by
every European secular state and all western nations, as well as others from
South America and other countries around the world; 67 members of the UN
have signed to date; there was an opposing statement put forward by Muslim
nations, and this has been signed by 57 member states, the majority being in
Africa and Asia. 68 out of the total 192 countries have not yet signed either
statement.
According to a 2006 survey, LGBT citizens were much more likely to not be
affiliated religious as compared to the general population
The Radical Faeries are a loose network formed around a counter-cultural movement, to
redefine queer consciousnesses spiritually. These communities are generally inspired by
aboriginal, native or traditional spiritualities, especially those that incorporate queer
sensibilities.
Christianity disregards any deviation from heterosexual orientations and LGBT statuses
are considered a sin within it. LGBT people may be barred from membership, accepted as
laity, or ordained as clergy, depending on the denomination. In the Christian magazine
Vision, David Nantais, S.J. and Scott Opperman, S.J. wrote in 2002, Sexuality is a gift from
God and thus a fundamental part of our human identity. Those who repress their sexuality
are not living as God created them to be: fully alive and well. As such, they're most likely
unhappy people with which to live.

Thou shalt not lie with mankind, as with womankind: it is abomination.


King James Bible; Leviticus 18:22
Islamic views on homosexuality are influenced by the rulings prescribed by the Qur'an
and the teachings of the prophet Muhammed. The mainstream interpretation of Qur'anic
verses and hadith condemn sexual acts between members of the same sex (along with
most forms of extramarital relations). In contrast, transsexual individuals are often more

accepted; for example, the Iranian government not only allows and recognises sex
reassignment surgery, but also subsidises the procedure for transgender citizens .

Due to the lack of mention of homosexuality and queerness in Buddhism, there is


no special stigma surrounding it. However, In 1997 the 14th Dalai Lama Tenzin Gyatso
said, "From a Buddhist point of view, men-to-men and women-to-women is generally
considered sexual misconduct."

QUESTIONS A RESOLUTION MUST ANSWER (QARMA)


1. How can the rights of the LGBT community be safeguarded and respected with
minimal conflict with religions like Christianity and Islam?
2. How can member states better ensure security of members of the LGBT
community, in economical as well as social sectors?
3. How long before all countries decide on legalization of same sex marriage?
4. How must perpetrators of hate crimes against members of the LGBT community
be punished?
5. How can health issues relevant to the rights of sexual minorities be reduced?

RESOURCES FOR INFORMATION:


https://www.womensrefugeecommission.org/gbv/resources/1272-mean-streets
http://www1.umn.edu/humanrts/edumat/studyguides/sexualorientation.html
http://www.equalrightstrust.org/ertdocumentbank/ERR8_Joshua_Hepple.pdf
http://www.amnesty.org/en/sexual-orientation-and-gender-identity
https://www.amnesty.org/en/what-we-do/sexual-and-reproductive-rights/
http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2011.
pdf
http://www.hrc.org/resources/hate-crimes-and-violence-against-lgbt-people
http://www.amnestyusa.org/our-work/issues/lgbt-rights/about-lgbt-humanrights
http://www.ohchr.org/EN/Issues/Racism/SRRacism/Pages/ReportsHRC.aspx

http://www.hrw.org/news/2011/06/17/landmark-un-vote-sexual-orientation
http://www.idahomophobia.net/IMG/pdf/Ignacio_Saiz_ http://hrc-assets.s3-website-us-east1.amazonaws.com//files/assets/resources/Hatecrimesandviolenceagainstlgbtpeo
ple_2009.pdf
https://www.hrw.org/news/2010/12/15/iran-discrimination-and-violence-againstsexual-minorities

ALSO READ ABOUT

Governing laws of individual member states

State sanctioned violence against the LGBT community

Unitarian Universalism Association

LGBTQ+ political leaders

HIV/AIDS relevance

Incidents & hate crimes against the LGBT community

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