United Nations Declarations and Resolutions on Sexual Orientation and Gender Identity

States that have signed the Declaration on Sexual Orientation and Gender Identity of December 18, 2008

Signatory of the counter-declaration

States that are signatories to the Joint Declaration on the Ending of Acts of Violence and Similar Human Rights Violations Based on Sexual Orientation and Gender Identity of March 23, 2011

The sexual orientation and gender identity have been the subject of several initiatives of Member States of the United Nations , the termination of state discrimination against sexual minorities and the decriminalization of homosexual had actions to the goal. In 2008 there was a declaration before the General Assembly of the United Nations , but it did not reach the required majority. Another declaration followed in March 2011, this time in the UN Human Rights Council . In June 2011, the Human Rights Council finally passed a corresponding UN resolution .

The United Nations Declaration on Sexual Orientation and Gender Identity (Engl. United Nations Declaration on Sexual Orientation and Gender Identity ) was on 18 December 2008 at the initiative of France and the Netherlands submitted to the General Assembly of the United Nations and condemned the government of discrimination and criminal Persecuting people based on their sexual orientation or gender identity. It is the first declaration on LGBT rights that has ever been read out before the UN General Assembly and was signed by 67 of the 192 UN member states, including all 27 member states of the European Union , the USA , Japan and several others, mainly European ones and Latin American countries. The majority in the General Assembly required for the adoption as a UN resolution was not achieved, however, and even then it would only be of a recommendatory nature. There is also a counter-declaration, which was supported by most Islamic and some African countries.

23 March 2011 leaving Colombia before the UN Human Rights Council on behalf of 85 UN member states one of the 2008 Declaration comparable " Joint Declaration on the termination of acts of violence and related human rights violations based on sexual orientation and gender identity " (English. Joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity ).

On June 17, 2011, the UN Human Rights Council passed resolution A / HRC / 17 / L.9 / Rev.1 for the first time to end state discrimination against sexual minorities.

2008 Declaration (UN General Assembly)

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The declaration invokes the universality of human rights as enshrined in the Universal Declaration of Human Rights and condemns discrimination against people based on their sexual orientation or gender identity. In particular, Article 6 condemns the use of the death penalty, executions, torture, use of force, arbitrary arrests and prison terms, and the deprivation of economic, social and cultural rights, including the right to health. Article 10 calls on the global community of states and human rights organizations to promote and respect the human rights of all persons, regardless of their sexual orientation and gender identity. Article 11 contains a call to all states to prevent the criminal prosecution of sexual minorities through appropriate legislative and administrative measures.

background

At the time of the declaration, homosexual acts were criminalized in nearly 80 countries around the world, with the death penalty in at least six countries. This was also pointed out by the State Secretary for Human Rights in the French Foreign Ministry, Rama Yade , at the meeting of the UN General Assembly on December 18, 2008.

As early as March 31, 1994, the UN Human Rights Commission had ruled in the Toonen v. Australia case because of the prohibition of homosexual acts in the state of Tasmania that the criminalization of consensual homosexual acts among adults violates the right to privacy under Article 17 of the International Covenant on Civil and political rights (IPbpR) as well as the prohibition of discrimination according to Article 26 of the IpbpR.

On December 1, 2006, 54 states condemned human rights violations against sexual minorities in a joint declaration before the UN Human Rights Council and called on the United Nations to take appropriate action. On June 3, 2008, the General Assembly of the Organization of American States (OAS), resolution 2435 condemned acts of violence and human rights violations based on sexual orientation and gender identity.

Signatory States

The 66 original signatory states (out of 192 UN members) of the Declaration of December 18, 2008 include 39 European, 13 American, 6 African, 6 Asian and 2 Oceanic countries:

Albania  Andorra  Argentina  Armenia  Australia  Belgium  Bolivia  Bosnia and Herzegovina  Brazil  Bulgaria  Chile  Denmark  Germany  Ecuador  Estonia  Finland  France

Gabon  Georgia  Greece  Guinea-Bissau  Ireland  Iceland  Israel  Italy  Japan  Canada  Cape Verde  Colombia  Croatia  Cuba  Latvia  Liechtenstein  Lithuania

Luxembourg  Malta  Mauritius  North Macedonia  Mexico  Montenegro  Nepal  New Zealand  Nicaragua  Netherlands  Norway  Austria  East Timor  Paraguay  Poland  Portugal  Romania

San Marino  Sao Tome and Principe  Sweden  Switzerland  Serbia  Slovakia  Slovenia  Spain  Czech Republic  Hungary  Uruguay  Venezuela  United Kingdom  Central African Republic  Cyprus

Later signatory states:

United States (March 2009)

The US administration under President George W. Bush did not initially endorse the declaration, fearing that the declaration could conflict with the laws of individual US states regarding same-sex marriages . Under President Barack Obama , the United States corrected this decision and decided on March 18, 2009 to sign the declaration as the 67th UN member.

Counter-declaration

Immediately after the declaration was presented at the session of the UN General Assembly on December 18, 2008, Syria submitted a counter-declaration, which was followed by 57 predominantly Islamic and African states. The reason for the counter-declaration was interference in the internal affairs of the member states. The Syrian representative also justified his negative stance with the fact that the declaration went beyond consensual sexual acts among adults and could thus serve to justify "many immoral acts including pedophilia ".

Signatory states of the counter-declaration:

Afghanistan  Egypt  Algeria  Ethiopia  Bahrain  Bangladesh  Benin  Burkina Faso  Djibouti  Ivory Coast  Eritrea  Fiji  Gambia  Guinea  Indonesia

Iraq  Iran  Yemen  Jordan  Cameroon  Kazakhstan  Qatar  Kenya  Comoros  Kuwait  Lebanon  Libya  Malawi  Malaysia  Maldives

Mali  Morocco  Mauritania  Niger  Nigeria  North Korea  Oman  Pakistan  Rwanda  Solomon Islands  Saudi Arabia  Senegal  Sierra Leone  Zimbabwe  Somalia

St. Lucia  Sudan  Swaziland  Syria  Tajikistan  Tanzania  Togo  Chad  Tunisia  Turkmenistan  Uganda  United Arab Emirates

2011 Declaration (UN Human Rights Council)

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The declaration submitted to the UN Human Rights Council on March 23, 2011 is similar in content to the declaration of 2008, to which reference is expressly made in it (as well as the joint declaration before the UN Human Rights Council of December 2006). It calls for an end to acts of violence, criminal prosecution and other human rights violations against sexual minorities. The High Commissioner for Human Rights is called upon to pay increased attention to such human rights violations in the future.

Signatory States

The declaration is supported by 85 of the 192 UN member states, including the vast majority of European, American and oceanic states. With the exception of five African countries (Gabon, Guinea-Bissau, Cape Verde, Mauritius, São Tomé and Príncipe), supporters include all of the countries that signed the Declaration of December 2008, as well as three countries (Fiji, Rwanda, Sierra Leone), which in 2008 had another Had supported counter-declaration. In addition, several mainly Latin American and oceanic states joined the declaration, which had remained neutral in 2008.

Albania  Andorra  Argentina  Armenia  Australia  Belgium  Bolivia  Bosnia and Herzegovina  Brazil  Bulgaria  Chile  Costa Rica  Denmark  Germany  Dominica  Dominican Republic  Ecuador  El Salvador  Estonia  Fiji  Finland  France

Georgia  Greece  Guatemala  Honduras  Ireland  Iceland  Israel  Italy  Japan  Canada  Colombia  Croatia  Cuba  Latvia  Liechtenstein  Lithuania  Luxembourg  Malta  Marshall Islands  North Macedonia  Mexico

Micronesia  Monaco  Mongolia  Montenegro  Nauru  Nepal  New Zealand  Nicaragua  Netherlands  Norway  Austria  East Timor  Palau  Panama  Paraguay  Poland  Portugal  Rwanda  Romania  Samoa  San Marino

Sweden  Switzerland  Serbia  Seychelles  Sierra Leone  Slovakia  Slovenia  Spain  South Africa  Thailand  Czech Republic  Tuvalu  Ukraine  Hungary  Uruguay  Vanuatu  Venezuela  United States  United Kingdom  Central African Republic  Cyprus

UN Human Rights Council resolution of June 17, 2011

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On June 17, 2011, the UN Human Rights Council passed resolution A / HRC / 17 / L.9 / Rev.1 with a narrow majority of 23 votes in favor, 19 against and three abstentions. It called on the High Commissioner for Human Rights , Navanethem Pillay , to commission a study by December 2011 to document discriminatory laws, practices and acts of violence against people based on their sexual orientation or gender identity. The study should also provide information on how such human rights violations can be stopped. A panel discussion should take place at the 19th session of the Human Rights Council. The resolution was the first resolution by a United Nations body to combat discrimination against sexual minorities.

Voting behavior

The voting behavior of the 45 member states of the UN Human Rights Council was as follows:

• Yes-votes (23):

Argentina  Belgium  Brazil  Chile  Ecuador  France

Guatemala  Japan  Cuba  Mauritius  Mexico  Norway

Poland  Switzerland  Slovakia  Spain  South Korea  Thailand

Ukraine  Hungary  Uruguay  United Kingdom  United States

• Against (19):

Angola  Bahrain  Bangladesh  Djibouti  Gabon

Ghana  Jordan  Cameroon  Qatar  Malaysia

Maldives  Mauritania  Moldova  Nigeria  Pakistan

Russia  Saudi Arabia  Senegal  Uganda

• Abstentions (3):

Burkina Faso  People's Republic of China  Zambia

UNHCHR report of November 17, 2011

On November 17, 2011, at the 19th session of the Human Rights Council, as decided in June 2011, the High Commissioner for Human Rights presented report A / HRC / 19/41 on discrimination and use of violence against sexual minorities. The report found human rights violations against homosexuals and transsexuals in all regions, including hate crimes such as murder, assault, kidnapping, rape and sexual assault on the street, domestic ostracism and violence up to honor killings , violent attacks in prisons, police torture and arbitrary arrests. Various forms of discrimination in the world of work and in health and education as well as restrictions on freedom of expression, assembly and association were also found, including censorship measures and bans on street marches or state and non-state attacks on such events. Discriminatory laws exist in 76 countries, most of which are directed against certain consensual private sexual acts such as anal sex or against sexual acts between people of the same sex across the board. At least five states provide for the death penalty for consensual same-sex acts between adults; in 14 states the age of consent for homosexual and heterosexual acts is inconsistent. The report also criticizes the lack of asylum opportunities for those affected in many countries and the arbitrary or inconsistent application of asylum law provisions in the countries that provide this possibility. At least 42 states recognize persecution based on sexual orientation as a reason for asylum. The UN Human Rights Commission does not regard the lack of recognition of same-sex marriages as discrimination, but criticizes the unequal treatment of homosexual and heterosexual unmarried couples, for example with regard to pension or inheritance claims. In many countries transsexuals are refused to change their gender identity.

literature

• Wolf von der Wense: The UN Human Rights Committee and its contribution to the universal protection of human rights. u. a. in: S. 17 Springer Book 1999. Taschenbuch, XVI, 212 S. Paperback Springer-Verlag Berlin Heidelberg, ISBN 978-3-540-66418-5

Individual evidence

1. ↑ Ed .: Information platform Humanrights UN declaration for sexual self-determination  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.   , accessed March 2, 2011.
2. ↑ ^{a b} General Assembly of the United Nations: Resolution A / HRC / 17 / L.9 / Rev.1 ( Memento of the original of July 8, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 31 kB) , accessed on December 21, 2011.  
3. ↑ ^{a b c d} Joint Statement on Sexual Orientation and Gender Identity ( Memento of the original from April 22, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF), accessed on March 2, 2011.  
4. ^ In a First, Gay Rights Are Pressed at the UN In: New York Times, December 18, 2008, accessed March 2, 2011.
5. ↑ Human Rights Commission of the United Nations: Toonen v. Australia, Communication No. 488/1992, UN Doc CCPR / C / 50 / D / 488/1992 (1994) , accessed March 2, 2011.
6. ↑ Center for Gay History Cologne: International human rights references to non-discrimination based on sexual orientation, A. Human Rights Committee ( Memento of the original from March 4, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed March 2, 2011.  
7. ↑ Hans-Joachim Mengel (Federal Agency for Civic Education): Homosexuality and international human rights protection , accessed on March 2, 2011.
8. ↑ International Service for Human Rights: NGOs from around the World Celebrate Historic UN Statement on Sexual Orientation and Gender Identity (PDF; 6 kB) dated December 5, 2006, accessed on March 2, 2011.
9. ^ General Assembly of the Organization of American States (OAS): AG / RES. 2435 (XXXVIII-O / 08) Human Rights, Sexual Orientation, and Gender Identity ( MS Word ; 28 kB) .
10. ↑ ^{a b} U.S. Department of State: UN Statement on "Human Rights, Sexual Orientation, and Gender Identity" ( Memento of the original from March 3, 2011 in the Internet Archive ) Info: The  archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. dated March 18, 2009, accessed March 2, 2011.
11. ↑ Sexual self-determination: UN fight for homos . In: taz of December 20, 2008, accessed on March 2, 2011.
12. ↑ ^{a b} International Service for Human Rights: Response to SOGI Human Rights Statement ( Memento of the original of April 24, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (Speech by the Syrian representative before the United Nations on December 18, 2008), accessed on March 2, 2011.  
13. ^ "[...] the said statement delves into matters which fall essentially within the domestic jurisdiction of States [...] (from the speech of the Syrian representative before the United Nations on December 18, 2008)."
14. ^ " Many deplorable acts including pedophilia " (from the speech of the Syrian representative to the United Nations on December 18, 2008).
15. ↑ See Articles 1 and 3 of the declaration of March 23, 2011 , accessed on March 28, 2011.
16. ↑ See Art. 10 of the declaration of March 23, 2011 , accessed on March 28, 2011.
17. ↑ See Art. 8 of the declaration of March 23, 2011 , accessed on March 28, 2011.
18. ↑ ^{a b} UNHCHR : Council establishes mandate on Côte d'Ivoire, adopts protocol to child rights treaty, requests study on discrimination and sexual orientation ( Memento of the original of June 24, 2011 in the Internet Archive ) Info: The archive link was automatically inserted and still Not checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed June 17, 2011.  
19. ↑ UN backs gay rights for first time ever ( Memento of the original dated August 6, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . In: The Times of India , June 18, 2011. Retrieved September 6, 2012. 
20. ↑ UNHCHR: Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity (PDF; 723 kB) (Report A / HRC / 19/41), accessed on March 7, 2012.
21. ↑ UNHCHR: Report A / HRC / 19/41, page 20f.
22. ↑ UNHCHR: Report A / HRC / 19/41, page 13f.
23. ↑ UNHCHR: Report A / HRC / 19/41, page 15
24. ↑ UNHCHR: Report A / HRC / 19/41, page 13
25. ↑ UNHCHR: Report A / HRC / 19/41, page 22

Web links

• Original English text of the Declaration on Sexual Orientation and Gender Identity of December 18, 2008 (PDF; on the website of the International Service for Human Rights, ISHR).
• Original English text of the Joint Declaration on the Ending of Acts of Violence and Similar Human Rights Abuses Based on Sexual Orientation and Gender Identity of March 22, 2011 (on the website of the US Mission to the United Nations).
• Original English text of UN Human Rights Council resolution A / HRC / 17 / L.9 / Rev.1 on human rights, sexual orientation and gender identity of June 17, 2011.
• Report of the United Nations High Commissioner for Human Rights on discriminatory laws and practices and the use of force against people based on their sexual orientation or gender identity (A / HRC / 19/41) of November 17, 2011. (PDF; 723 kB)