Document - United Nations: General assembly to address sexual orientation and gender identity - Statement affirms promise of Universal Declaration of Human Rights Amnesty International:
"The draft statement condemns violence, harassment, discrimination, exclusion, stigmatization, and prejudice based on sexual orientation and gender identity. It also condemns killings and executions, torture, arbitrary arrest, and deprivation of economic, social, and cultural rights on those grounds."
The statement proposed for adoption in the UN General Assembly, supported by ALL EU countries:
1 - We reaffirm the principle of universality of human rights, as enshrined in the Universal Declaration of Human Rights whose 60th anniversary is celebrated this year, Article 1 of which proclaims that “all human beings are born free and equal in dignity and rights”;
2 - We reaffirm that everyone is entitled to the enjoyment of human rights without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, as set out in Article 2 of the Universal Declaration of Human Rights and Article 2 of the International Covenants on Civil and Political, Economic, Social and Cultural Rights, as well as in article 26 of the International Covenant on Civil and Political Rights;
3 - We reaffirm the principle of non-discrimination which requires that human rights apply equally to every human being regardless of sexual orientation or gender identity;
4 - We are deeply concerned by violations of human rights and fundamental freedoms based on sexual orientation or gender identity;
5 - We are also disturbed that violence, harassment, discrimination, exclusion, stigmatisation and prejudice are directed against persons in all countries in the world because of sexual orientation or gender identity, and that these practices undermine the integrity and dignity of those subjected to these abuses;
6 - We condemn the human rights violations based on sexual orientation or gender identity wherever they occur, in particular the use of the death penalty on this ground, extrajudicial, summary or arbitrary executions, the practice of torture and other cruel, inhuman and degrading treatment or punishment, arbitrary arrest or detention and deprivation of economic, social and cultural rights, including the right to health;
7 - We recall the statement in 2006 before the Human Rights Council by fifty four countries requesting the President of the Council to provide an opportunity, at an appropriate future session of the Council, for discussing these violations;
8 - We commend the attention paid to these issues by special procedures of the Human Rights Council and treaty bodies and encourage them to continue to integrate consideration of human rights violations based on sexual orientation or gender identity within their relevant mandates;
9 - We welcome the adoption of Resolution AG/RES. 2435 (XXXVIII-O/08) on “Human Rights, Sexual Orientation, and Gender Identity” by the General Assembly of the Organization of American States during its 38th session in 3 June 2008 *;
10 - We call upon all States and relevant international human rights mechanisms to commit to promote and protect human rights of all persons, regardless of sexual orientation and gender identity;
11 - We urge States to take all the necessary measures, in particular legislative or administrative, to ensure that sexual orientation or gender identity may under no circumstances be the basis for criminal penalties, in particular executions, arrests or detention.
12 - We urge States to ensure that human rights violations based on sexual orientation or gender identity are investigated and perpetrators held accountable and brought to justice;
13 - We urge States to ensure adequate protection of human rights defenders, and remove obstacles which prevent them from carrying out their work on issues of human rights and sexual orientation and gender identity.
*OASAG/RES. 2435 (XXXVIII-O/08) HUMAN RIGHTS, SEXUAL ORIENTATION, AND GENDER IDENTITY (Adopted at the fourth plenary session, held on June 3, 2008)
THE GENERAL ASSEMBLY, REAFFIRMING: That the Universal Declaration of Human Rights affirms that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in that Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status; That the American Declaration of the Rights and Duties of Man establishes that every human being has the right to life, liberty, and the security of the person; CONSIDERING that the OAS Charter proclaims that the historic mission of America is to offer to man a land of liberty and a favorable environment for the development of his personality and the realization of his just aspirations; REAFFIRMING the principles of universality, indivisibility, and interdependence of human rights; and TAKING NOTE with concern acts of violence and related human rights violations perpetrated against individuals because of their sexual orientation and gender identity,
RESOLVES:
1. To express concern about acts of violence and related human rights violations committed against individuals because of their sexual orientation and gender identity.
2. To request that the Committee on Juridical and Political Affairs (CAJP) include on its agenda, before the thirty-ninth regular session of the General Assembly, the topic of “Human rights, sexual orientation, and gender identity.”
3. To request the Permanent Council to report to the General Assembly at its thirty-ninth regular session on the implementation of this resolution, the execution of which shall be subject to the resources allocated in the program-budget of the Organization and other resources.
