Topic Area: The Protection and Promotion of LGBTI Rights and Their
Treatment thereof
Introduction
Every human being should be able to enjoy their human rights no matter what; but
people get judged every day because of the way they dress, they look, they feel and
what they believe in. Mostly, LGBTI people get discriminated of their relationships
-either emotional or sexual- and who they are. LGBTI community faces discrimination,
inequality and violence every day, even sometimes torture or execution because of their
orientation or gender.
Hate crimes against LGBTI individuals are motivated by morals, ethics and bias based
on sexual orientation or gender identity. In some countries, there is high tolerance for
LGBTI individuals. There are laws, organizations and equality, apparently. But, under
some circumstances, the other side of the medallion is way different from we are
actually seeing currently. These rights, such as marriage and adoption, have been won
through great efforts. However, LGBTI rights are not being seen as human rights
completely. And unfortunately, LGBTI individuals are not being treated like individuals.
There are so many incidents and documents based on violence, hate crime because of
the bias based on sexual orientation and gender identity, including torture, killing,
execution, unequal treatment, censorship, medical abuses, discrimination, domestic
violence, abuses against children and denial of family rights and recognition.
Despite remarkable advances for the rights of LGBTI community, there are still many
countries in which consensual, same sex relations are criminalized and punishments
include prison sentences, flogging and even the death penalty; where people with a
gender expression anything other than ideal become prey to hate crimes; where
intersex babies are either aborted before birth or killed right after.
According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association,
78 countries prosecute people because of their sexual orientation. Contrarily, only 53
countries have anti-discrimination laws.
Topic History
Documented forms of homosexuality date back to ancient Egyptian and Greek
societies, and attitudes towards homosexuality have always been controversial. The
rise of Christianity in the early First Century led to greater condemnation of
homosexuality, followed by alternating attitudes throughout the later centuries. By the
18th century homosexuality was largely frowned upon, so much so that many
governments took initiatives to prevent individuals from engaging in homosexual acts
and to prohibit mass media publications of anything indicative of homosexuality. Under
King Henry VIII, England passed the Statute of 1533 that made sodomy a capital
offence. This legislation remained until 1828, although interpretations of the UK’s
Criminal Law Amendment Act furthered the criminalization of sodomy until its
legalization in 1967.
It was not until after WWII that institutions were created on behalf of the LGBT
community. LGBT movements during this time took place primarily in the United States
and Europe. Greater awareness of homosexuality as a product of post-WWII
globalization brought to light “political demands for fair treatment in mental health, public
policy, and employment”. The 1960s Civil Rights Movement in the US marks a turning
point with its Stonewall Revolution, during which queer people resisted police raids in
New York City. This period was followed by the 1970s gay liberation movement, during
which groups organized advocacy organizations and planned public demonstrations.
The movement impacted all aspects of society: media, music, religion, politics, and
education. Finally, the surfacing of HIV/AIDS in the 1980s prompted greater demand for
medical and other support for the LGBT community, led by several prominent public
figures.
In the 1900s and 2000s overall yielded the greatest advancement for LGBT people, but
inequality between groups based upon sexual orientation continues. The issue of LGBT
rights has never been addressed by the UN until December 2008, when a
Dutch/French-initiated, European Union-backed statement supporting LGBT rights was
presented to the United Nations General Assembly (UN GA). That statement was
sponsored by 96 UN Member States and prompted an Arab League-backed statement
opposing it. Until today, none of the statements have been officially adopted by the UN
GA and both are still open for signature.
In 2003, numerous European countries put forward the Brazilian Resolution within the
UNHRC, stating the intention that lesbian and gay rights should be considered as
fundamentals the rights of all human beings. Following the steps of the European
countries, all 34 member countries of the Organization of American States unanimously
approved a declaration affirming that human rights protection also extends to sexual
orientation and gender identity.
On December 15th, 2011, the UN HRC passed its first report on the human rights of
LGBT people, describing how people around the world are killed or endure hate-
motivated violence, torture, detention, criminalization and discrimination in employment,
health care and education because of their real or perceived sexual orientation or
gender identity. Three years later, in 2014, it was announced that as an employer, the
UN would extend equal benefits to its employees who have entered into same-sex
unions in jurisdictions where they are legal. Under this new policy, staff who is married
to a same-sex partner in a jurisdiction has the right to receive the exact same benefits
and recognition as those in heterosexual marriages, regardless of whether same-sex
marriage is legal or illegal in their country of citizenship. UN Secretary-General Ban Ki-
moon has supported a move towards greater respect for LGBT rights over recent years.
He has stated: "Human rights are at the core of the mission of the United Nations. I am
proud to stand for greater equality for all staff, and I call on all members of our UN
family to unite in rejecting homophobia as discrimination that can never be tolerated at
our workplace.
Homophobia
In order to discuss a legal framework for the protection of the LGBT community, we
must first understand the root of the problem. Homophobia can be defined as the
dislike, hatred, or fear of homosexual people. Likewise, transphobia can be defined as
the dislike, hatred, or fear of transgender people. One explanation of these conditions is
that perceived behavior of LGBT people undermines social norms by challenging
traditional gender roles. This means that men behaving in a way that could be
interpreted as feminine such as dressing or speaking in a certain way may make these
individuals targets for violence or discrimination. The same goes for women who
behave in what could be considered a masculine role. Resulting from these non-
traditional gender roles is a change in power dynamic from the male-female dichotomy
to something completely different. Essentially, those considered to be homophobic tend
to feel threatened by homosexuality because they feel uncomfortable by the perceived
shift away from a society dominated by “masculine” males.
Furthermore, the Journal of Abnormal Psychology conducted a study of men who
consider themselves homophobic. The results suggest that homophobic men harbor
repressed homosexual tendencies, and they behave in aggressive ways particularly
towards homosexuals to further deny their sexuality. The Gay and Lesbian Medical
Association explains that “homophobia operates on two levels: internally and externally.
Internal homophobia represents prejudices individuals learn (internalize) from their
families, friends, teachers, religious institutions [etc.]…External homophobia is the over
expression of those biases, ranging from social avoidance, to legal and religious
proscription, to violence…”
Other explanations, likely rooted within the gender roles explanation, include lack of
education on this topic and moralistic and religious beliefs. For instance, the idea that
being homosexual or transgender is a choice is false, as is the belief that homosexual
couples only obtain children to “corrupt” them into being homosexual. Many moralistic
people discount homosexuality on the basis that it undermines existing value systems
and damages the concept of a family.
All of these misconceptions affect and are affected by harmful stereotypes about LGBT
people. Perhaps the most widespread myth is that gay men are feminine and
alternatively lesbian women are masculine. Another disrespect to LGB people is the
stereotype that they are attracted to all members of their own sex and “can’t control their
desires”16 and finally that LGBT people are not equipped to be “good” parents by virtue
of their defying traditional family responsibilities. Stereotypes specifically about gay men
include that this population is plagued by HIV/AIDS more so than anyone else, and that
they are pedophiles and therefore cannot be trusted near children. Not only are these
stereotypes false, but they also reinforce the “otherness” of the LGBT community, which
ultimately discourages tolerance.
A study conducted by the World Bank examines the economic loss suffered by India as
a result of its homophobic attitudes and its criminalization of homosexuality. India lost
an estimated $30.8 billion in 2012 due to the absence of LGBT people from the
workforce combined with the mental and physical health of LGBT people affecting the
quality of their work. This research speaks to the financial cost of excluding the LGBT
population from reaching its potential to contribute to the country’s economy. The 75
other MS that criminalize same-sex relationships likely suffer similar losses.
Discrimination
Based upon this analysis it is clear that existing legal frameworks aimed at the
protection of LGBT people is ineffective, nor are all MS equal in their commitment to
fight this injustice. Equally severe are the negative attitudes towards the LGBT
community that shape discrimination at an institutionally social level. That is to say that
this systematic yet social discrimination pervades all nations, regardless of its hostile or
protective legislation of LBGTs. Discrimination in the workplace is prominent throughout
all regions of the world. Treatment of transgender employees in the workplace is of
particular concern, since a 2011 survey in the US shows that the transgender
community experiences greater harassment than the LGBT community in the
professional environment. Aspects of workplace mistreatment include pay, hiring, or
promotion inequality as well as harassment.
While many companies and MS have legislation in place to prevent such harassment
and discrimination from taking place, much of it remains ineffective. Furthermore, many
other MS have no antidiscrimination legislation in place at all. For instance, the
Philippines abide by a constitution that “guarantees full respect for human rights and
every person has the right to equal protection…but sexual orientation and gender
identity are not explicitly mentioned…A number of government agencies have …policies
that protect sexual orientation, and alternatively, other agencies have expressed
policies that are discriminatory”. Such inconsistency occurs in other MS, thus clarity is
important when considering this topic.
Discrimination outside the workplace can range from denied access to public goods and
services to arbitrarily raised prices and social exclusion. In the US, the LGBT
community may struggle to find (affordable) housing and be subject to discrimination by
landlords. Refusal from service at restaurants, public transportation, medical attention,
and other things is also common for LGBT people in the US and elsewhere. It is difficult
to ratify and subsequently enforce legislation protecting the LGBT community from all
forms of discrimination, as much of it occurs at the individual level to ratify and
subsequently enforce legislation protecting the LGBT community from all forms of
discrimination, as much of it occurs at the individual level.
Social Ostracism
An additional and equally damaging product of homophobia and transphobia is social
ostracism of LGBT people. This ostracism, which can begin at an early age, pervades
all aspects of a community including school, social media, and entertainment and news
outlets, and impacts young people’s physical and psychological development. Research
conducted by Concordia University suggests that “the stress of being rejected of
victimized because of sexual orientation may disrupt hormonal responses in lesbians,
gays and bisexuals.” These hormone imbalances in conjunction with bullying and other
forms of social abuse contribute to the high suicide and depression rates in young LGB
people.
Cyberbullying, the harassment of individuals via online resources such as Facebook, is
of particular concern given its frequency and the difficulty of its regulation. While not
going into too much detail, cyberbullying is a worldwide issue that many MS have
addressed through independent or application of existing legislation. In the US, online
harassment and stalking laws are introduced on a state-by-state basis. Other regions in
which governments have passed cyberbullying legislation include Europe and Asia.
Hate Crime
Not only do LGBTs face social ostracism and employment discrimination, among other
things, but they also suffer violence based upon perceived sexual orientation and
gender identity known as “hate crime”.25 Hate crimes occur with alarming frequency in
all regions of the world. Crimes include harassment, assault, and even “grievous bodily
harm”.26 Also important in this discussion is the fact that hate crimes against the LGBT
community are grossly underreported for reasons including fear of not being taken
seriously or they don’t think they’ll be protected in the future. The UK Government
expresses its commitment to preventing hate crime in its report “Challenge It, Report It,
Stop It.” The report states that sexual orientation-based violence accounts for the
greatest percentage of hate crimes. It also outlines an approach that addresses
preventive measures, increased reporting and availability of support services, and more
effective management of cases.
Despite these measures taken by the UK government, the UK’s police forces reported
“more transphobic hate crimes between January and November [2014] than the whole
of 2013” with a 44% rise in crime against the transgender community in 2014 states that
the legislation has been ineffective thus far, it marks an important step towards LGBT
equality beginning in the government.
Military Service
LGBTQ+ people serving as military personnel has always been an issue. Today, In
some Western Countries such as Australia, Belgium, Brazil, Canada, Finland, France,
Germany, Italy, Netherlands, Russia, Spain, Switzerland, the United Kingdom and also
in and Israel LGBTQ+ individuals are allowed to serve as a personnel in the military.
However, that does not mean a total acceptance for the individuals, individuals may still
face discrimination and violence in the army. In 2011, United States repealed a policy
called “Do not ask, do not tell”.
Many countries neither ban nor support gay and lesbian service members.
In China, Egypt, Iran, Iraq, Jamaica, Saudi Arabia, Syria and Turkey, it is not allowed to
serve LGBTQ+ individuals in military.
Health Care
LGBT people face a common set of challenges in accessing health services. There is a
long history of anti-LGBT bias in healthcare. Until 1973, homosexuality was listed as a
disorder in the Diagnostic and Statistical Manual of Mental Disorders. Many LGBTQ+
individuals were subjected to treatments such as electroshock therapy or castration in
the past.
HIV is a great concern in some LGBTQ+ groups. In addition, body image disorders,
eating disorders and obesity are more common among gay, lesbian and bisexual men
and women than heterosexual men and women. In addition to eating disorders, alcohol
and drug usage is more common among LGBTQ+ groups due to hate, negative acts,
violence and homophobia.
Further Readings
http://www.ohchr.org/EN/pages/home.aspx
https://www.amnesty.org/en
http://www.un.org/en
http://ilga.org
https://www.cia.gov/library/publications/the-world-factbook
https://www.hrw.org
http://arc-international.net/global-advocacy/sogi-statements/2006-joint-statement
http://arc-international.net/global-advocacy/sogi-statements/2008-joint-statement
https://www.cdc.gov/lgbthealth/youth-resources.htm
http://www.equaldex.com
Legal recognition
According to UNDP, Trans people in many countries suffer from a lack of legal
recognition, equality and protection, and fundamental citizenship rights. These include
the right to a legal identity based on the gender of their choosing, and the right to
gender equality and equity, i.e. non-discrimination in all spheres of life based on their
gender identity or gender expression. In many contexts trans women are legally
identified as male and are unable to change their gender on identification cards and
passports. Trans men also face similar challenges. The violation of the fundamental
right to personhood perpetuates serious disadvantages in everyday life. The lack of
legal gender recognition can make it impossible for trans people to obtain any
identification document, let alone one that describes their correct gender. Simple
everyday activities—obtaining railway tickets, a phone line, state rations, a job, opening
a bank account or attending school or are made burdensome or even impossible. In
countries where the law states that only a person’s sex at birth can be listed on a
passport or other official identification, confusion may arise in situations where official
identification is required, causing uncomfortable scrutiny of trans persons and forcing
them to reveal their sex assigned at birth, even if they would prefer not to do so. Such
scrutiny also violates their right to privacy. Difficulties obtaining legal gender recognition
can block the access of trans people to health services, shelter, housing, steady
employment or education and contribute significantly to compromised health.
However, some countries have recognized gender identities beyond the male–female
binary and thereby extended constitutional rights to greater numbers of trans people:
• In 2007, the Supreme Court of Nepal paved the way to recognize a third gender
officially in citizenship documents.
• In 2007, the Supreme Court of Pakistan directed the National Database and
Registration Authority to add a “third gender” column to national identity cards for trans
people, thus giving them the right to register to vote
. • In 2014, India’s Supreme Court directed the government to recognize trans people as
a third gender and trans women who identify as female, and trans men who identify as
male, while guaranteeing the right to equality under the country’s constitution. It called
for special health and welfare programmes to support the needs of trans people. In
many countries, changes cannot be made to state identification documents unless the
individual has undergone gender reassignment surgery. A precondition of such surgery
may be a clinical diagnosis of gender identity disorder or gender dysphoria. In some
cases this diagnosis requires registration, mandatory psychotherapy or an extended
stay at a psychiatric hospital. Furthermore, some countries retain controversial
sterilization requirements for those who seek gender reassignment or identification in a
new gender.
Education
In many countries trans people can be stigmatized from an early age and may drop out
of education due to bullying and institutional discrimination, such as forced dress codes
(including school uniforms and hair length) or inappropriate toilet facilities. This occurs
in both secular and religiously affiliated schools and universities. The values of religious
institutions may make life particularly difficult for trans and gender non-conforming
children. The education gap caused by high rates of dropout (i.e. exclusion) causes
social marginalization and poverty among trans people. Many trans women surveyed in
South Africa had an advanced education but generally worked in positions that were
below their level of education and experience.
Sex work
Trans women and some trans men often have to resort to sex work as their only viable
option for employment after being rejected by their families and friends and faced with
systemic societal discrimination and exclusion. Some work in the sex industry because
of peer pressure, the need to have the commodities of life and also for funds to finance
costly medical transition. Sex work is illegal in most countries around the world and
criminalized in many countries. Criminalization is often compounded by “sodomy” laws
punishing sex that is not penile–vaginal. Therefore, trans sex workers are especially
vulnerable to rape as well as other forms of violence and human rights violation.
Frequently, police are the perpetrators of such violence. Many laws against rape do not
include anal sex, leaving trans people without legal protection if they are anally raped.
The general environment of criminalization both creates and enhances this lack of
safety and sometimes compromises safer sex practices such as condom use, due to
the fear of being harassed or detained by law enforcers for possessing condoms. Within
the sex worker community and sex work organizations, recognizing trans sex workers is
important in order to ensure that their particular needs are addressed. For example, the
New Zealand Prostitute’s Collective runs an outreach project that works exclusively with
trans sex workers to address their social, medical and employment needs. Since sex
work is decriminalized in New Zealand, sex workers may report workplace injustice;
however, due to stigma trans sex workers may be less empowered to do so.
Legal and political stigmatization and violence :
Trans people are excluded from society in various ways, and their marginalization
reduces their access to services and increases their risk of experiencing violence and
acquiring HIV. Some specific types of legal and political stigmatization are summarized
here.
• Criminalization: In many countries which ban same-sex sexual relationships, sex
between trans women or trans men and non-trans men, or between trans men and non-
trans women, is effectively criminalized. In some countries, prohibitions against
“homosexual propaganda” make trans people especially susceptible to police and
societal abuse, due to assumptions that trans people are homosexual. Since little
protection from the law is available to trans people in such environments, perpetrators
of violence are rarely punished and the right to due process before the judicial system is
often denied.
• Police harassment and violence: The application of laws such as those mentioned
above, the criminalization of sex work, conservative social attitudes and non-
accountability make police violence and extortion directed at trans people
commonplace. In several countries broad “public nuisance”, “vagrancy” and “public
order” laws are freely used by the police to harass or abuse trans people. Some
countries in Asia, Africa, the Caribbean and the Pacific retain laws against “cross-
dressing” that can be used to target trans people. Once they are deprived of liberty,
trans people face abuse not only from police, but also from fellow inmates, since they
are often put in cells based on their sex at birth and not on the gender with which they
identify.
• Migration: Barriers to mobility can limit important life activities of trans people.
Countries where same-sex relations and/or gender reassignment are criminalized may
prevent trans people from entering or seeking asylum even when fleeing persecution
due to transphobia in their home country. HIV positive status can be another factor
leading to infringement of trans people’s fundamental right to leave or enter a country.
• Religious stigma: Conservative religious attitudes can influence laws and policies in
ways that affect trans people negatively. For example, religious groups have taken
issue with laws on domestic violence that did not have rigid definitions of the gender of
the parties involved and that could otherwise have served to protect trans people.
Further readings
(delegates must be thoroughly researched on the trans experience and trans rights in
the subcontinent)
https://www.theguardian.com/global-development-professionals-
network/2017/mar/01/where-are-the-most-difficult-places-in-the-world-to-be-gay-or-
transgender-lgbt
https://www.ilga-
europe.org/sites/default/files/transphobic_hate_crime_in_the_european_union_0.pdf
https://www.justice.org/what-we-do/enhance-practice-law/publications/trial-
magazine/many-faces-transgender-discrimination
https://transequality.org/blog/transgender-people-share-stories-of-prejudice-and-stigma-
in-health-care
https://www.refworld.org/pdfid/4d01f6f42.pdf
Additional Information:
a. History:
https://salient.org.nz/2018/07/the-elusive-history-of-intersex/
b. Normalization surgeries:
https://www.hrw.org/report/2017/07/25/i-want-be-nature-made-me/medically-
unnecessary-surgeries-intersex-children-us
https://link.springer.com/article/10.1007/s11673-018-9855-8
https://www.abc.net.au/news/2019-06-26/tasmania-could-ban-gender-normalisation-
surgeries/11245512
https://www.asiatimes.com/2019/04/opinion/court-bans-normalization-of-intersex-
children/
c. Genetic diagnosis:
https://rewire.news/article/2015/03/11/im-disturbed-screening-intersex-traits-utero/
https://onlinelibrary.wiley.com/doi/full/10.1111/1467-9566.12812
https://www.theguardian.com/commentisfree/2015/jul/10/intersex-babies-genetic-
embryo-testing
d. Suicide and mental health:
https://isna.org/faq/healthy/
e. Intersex people and sports:
https://ihra.org.au/sport/
https://isreview.org/issue/72/are-men-really-better-athletes
f. Employment:
http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?
article=1160&context=nulr
https://www.humanrights.gov.au/quick-guide/12095
https://www.humanrights.gov.au/quick-guide/12095
Relevant Resolutions
Finally, the General Assembly affirms the obligations of the state in its legal framework.
Gender recognition and acceptance of non-traditional genders is essential in furthering
the equality of LGBT people. Recognition of non-traditional relationships is another
asset, such that those in homosexual relationships can enjoy the same rights and
benefits from the state as those in heterosexual relationships. This document is the
most comprehensive of all documents produced by the UN on LGBT issues. Although it
provides few explanations of how to reform and strengthen legislation, it identifies and
provides in-depth analysis of existing issues that must be addressed. Resolution 27/32:
Human rights, sexual orientation and gender Resolution 27/32 was passed in
September 2014 as a follow-up to Resolution 17/19 and subsequent report. The
Resolution “requests the High Commissioner to update the [previous] report with a view
to sharing good practices and ways to overcome violence and discrimination”44 to be
presented at a future occasion.
Measures Taken
In addition to the actions taken by the High Commissioner and the Human Rights
Council, the United Nations is currently sponsoring “Free & Equal,” a campaign started
in 2013 dedicated to public education for LGBT equality. The Campaign “works to
inform individuals of their human rights, identify and address human rights challenges,
and assist government in fulfilling their human rights obligations” and is aimed at
challenging attitudes underpinning LGBT discrimination. Celebrities work with the
Campaign to spread awareness through social media. Additionally, the Free & Equal
Global Film Series encourages education about LGBT topics through “documentaries
and narrative films that explore the lives of lesbian, gay, bisexual, transgender and
intersex people in different parts of the world”. This collection of films is a valuable tool
to promote United Nations ideals, and screenings are available at UN offices around the
world.
Finally, the UN Human Rights Council engages with governments and civil society
independent of the Free & Equal Campaign through public events, media presence, and
dialogue with world leaders, and creation of educational tools.