Sexual Orientation, Gender Identity, and International Human Rights Law: A Comprehensive Guide for Advocates and Policymakers

The human rights of lesbian, gay, bisexual, transgender, intersex, and queer (LGBTIQ+) persons are protected under international law. This comprehensive guide provides an overview of the international legal framework protecting LGBTIQ+ rights, including key legal concepts, landmark cases, and best practices for advocating for LGBTIQ+ rights.

The following are key legal concepts that are relevant to the protection of LGBTIQ+ rights under international law:

• Sexual orientation: Refers to a person's enduring physical, romantic, and/or emotional attraction to another person.
• Gender identity: Refers to a person's deeply felt internal and individual experience of gender, which may or may not correspond to the sex assigned at birth.
• Discrimination: Any distinction, exclusion, or restriction based on sexual orientation or gender identity that has the purpose or effect of impairing the recognition, enjoyment, or exercise of human rights and fundamental freedoms.
• Violence: Any act of physical, sexual, or psychological harm or suffering inflicted on a person because of their sexual orientation or gender identity.

There have been a number of landmark cases that have advanced the human rights of LGBTIQ+ persons under international law. Some of the most important cases include:

Sexual Orientation, Gender Identity and International Human Rights Law: Common Law Perspectives (Human Rights and International Law)

by Kerry O'Halloran

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• Toonen v. Australia (2010): The United Nations Human Rights Committee found that Australia violated the rights of a transgender woman by denying her legal recognition of her gender identity.
• Oliari and Others v. Italy (2015): The European Court of Human Rights found that Italy violated the rights of a same-sex couple by refusing to recognize their marriage.
• Ortega v. Peru (2021): The Inter-American Court of Human Rights found that Peru violated the rights of a lesbian woman by subjecting her to violence and discrimination.

There are a number of best practices that advocates can follow to promote and protect the human rights of LGBTIQ+ persons under international law. These include:

• Documenting violations: It is important to document violations of LGBTIQ+ rights, such as discrimination, violence, and hate speech. This documentation can be used to hold governments accountable and to advocate for change.
• Educating policymakers: Advocates can educate policymakers about the human rights of LGBTIQ+ persons and the need for laws and policies that protect these rights.
• Building coalitions: Advocates can build coalitions with other organizations and individuals who are working to promote LGBTIQ+ rights. This can help to amplify the voices of LGBTIQ+ persons and to increase the impact of advocacy efforts.

The international legal framework protecting the human rights of LGBTIQ+ persons is constantly evolving. This guide provides an overview of the current state of the law and offers best practices for advocates and policymakers who are working to promote and protect LGBTIQ+ rights.

• International Lesbian, Gay, Bisexual, Trans and Intersex Association
• Human Rights Watch: LGBT Rights
• Amnesty International: Sexual Orientation and Gender Identity

Sexual Orientation, Gender Identity and International Human Rights Law: Common Law Perspectives (Human Rights and International Law)

by Kerry O'Halloran

5 out of 5

FREE