UN Issues Official Report on Discrimination and Violence on the basis of SOGIE
2 June 2015 -- The UN High Commissioner for Human Rights recently issued a report to the UN Human Rights Council covering the issues of discrimination and violence based a person’s sexual orientation and gender identity (SOGIE).
The report noted some recent advances in the protection of the rights of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) persons. Since 2011, 14 states have adopted or strengthened anti-discrimination laws; 3 states have abolished criminal sanctions against homosexuality; and 10 have introduced reforms that facilitates transgender persons to obtain legal recognition of their gender identity. The report also noted that in all regions LGBTIQ human rights defenders have been more vocal and visible in raising awareness and challenging domestic court decisions. Despite some advances, the report presents evidence of “continuing, pervasive, violent abuse, harassment and discrimination affecting LGBT and intersex persons in all regions”. Persons perceived to be LGBTIQ’s remain targets of organized violence perpetrated by religious extremists, paramilitary groups and extreme nationalists.
Human rights defenders working to uphold the rights of LGBTIQ persons have also been subjected to violence. Laws that criminalize LGBTIQ persons remain to be in force in 76 countries; some prescribe death as a form of punishment. Discriminatory medical practices such as “conversion” therapy, forced sterilization, and unnecessary medical surgeries performed against intersex children were reported to be unaddressed by governments. Oftentimes, human rights violations committed against LGBTIQ persons were perpetrated with impunity. The report contains 20 recommendations directed at governments. These include the following:
- Repeal laws used to punish individuals based on their sexual orientation and gender identity, including laws that criminalize consensual same-sex relationships cross-dressing, and those that impose discriminatory restrictions on the freedom of expression, association and assembly;
- Prohibit discrimination and incitement to hatred and violence against LGBTIQ persons, and enact hate crime laws that punish those who target individuals based on their sexual orientation and gender identity;
- Ensuring that public services are responsive to the human rights of LGBTIQ persons by developing national standards on non-discrimination in education; developing anti-bullying programmes and other services to support LGBT and gender-non-conforming youth; sensitizing health-care workers to the health needs of LGBTIQ persons; and eradicating SOGIE-based discrimination in housing policies and providing shelters for homeless LGBTIQ persons;
- Legally recognize same-sex relationships;
- Ensure access to legal identity documents that reflect an individual's self-identified gender, without imposing abusive pre-conditions; and
- End abusive therapies and treatments to which LGBTIQ people are often subjected such as so-called "conversion" therapy, forced sterilization of transgender persons and certain medical procedures on intersex children.
Furthermore, the report made recommendations to specific UN bodies. It encourages the Human Rights Council to "keep itself regularly informed" on patterns of violence and discrimination linked to SOGIE. On the other hand it encourages UN special procedures to continue to report on related violations of the human rights of LGBTIQ persons within their respective mandates. Meanwhile, national human rights institutions are also called to address violence and discrimination against LGBTIQ persons in undertaking their mandates to monitor human rights situation at the national level. The report is second official UN report on the issue of violence and discrimination against LGBTIQ persons. It was an outcome of the Human Rights Council Resolution 27/32, adopted in September 2014 and was supported by selected Asian member states – Japan, Philippines, South Korea and Viet Nam. Download the full copy of the report here.