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{{Short description|Right to enjoy one's sexuality without discrimination}}
{{use dmy dates|date=September 2023}}
{{Multiple issues|{{Update|date=January 2024|reason=Most sources are from 2008–2012}}
<!-- EDIT BELOW THIS LINE -->{{Rights}}The '''right to sexuality''' incorporates the right to express one's [[sexuality]] and to be free from discrimination on the grounds of [[sexual orientation]]. Specifically, it relates to the [[human rights]] of people of diverse sexual orientations, including [[lesbian]], [[gay]], [[bisexual]] and [[transgender]] ([[LGBT]]) people, and the protection of those rights, although it is equally applicable to [[heterosexuality]]. The right to sexuality and freedom from discrimination on the grounds of sexual orientation is based on the universality of human rights and the inalienable nature of rights belonging to every person by virtue of being [[human]].▼
{{Essay|date=February 2024}}
{{Duplication|date=February 2024|dupe=LGBT rights|dupe2=Sexual and reproductive health and rights}}}}{{LGBT sidebar}}{{Rights}}
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No right to sexuality exists explicitly in [[international human rights law]]; rather, it is found in a number of [[international human rights instruments]] including the [[Universal Declaration of Human Rights]], the [[International Covenant on Civil and Political Rights]] and the [[International Covenant on Economic, Social and Cultural Rights]].
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Freedom from discrimination on the grounds of sexual orientation is found in the [[Universal Declaration of Human Rights]] (UDHR) and the [[International Covenant on Civil and Political Rights]] (ICCPR).
The UDHR provides for non-discrimination in Article 2, which states that:
<blockquote>
Everyone is entitled to all the rights and freedoms set forth in this Declaration, 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. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
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</blockquote>
In ''[[Toonen v Australia]]'' the [[United Nations Human Rights Committee]] (UNHRC) found that the reference to "sex" in Article 2 of the ICCPR included sexual orientation, thereby making sexual orientation prohibited grounds of distinction in respect of the enjoyment of rights under the ICCPR.<ref
The right to be free from discrimination is the basis of the right to sexuality, but it is closely related to the exercise and protection of other fundamental human rights.
==Background==
Individuals of diverse sexual orientations have been discriminated against historically and continue to be a "vulnerable" group in society today. Forms of discrimination experienced by people of diverse sexual orientations include the denial of the [[right to life]], the [[right to work]] and the [[right to privacy]], non-recognition of personal and family relationships, interference with human [[dignity]], interference with [[security of the person]], violations of the right to be free from [[torture]], discrimination in access to economic, social and cultural rights, including housing, health and education, and pressure to remain silent and invisible.<ref
67 countries maintain laws that make same-sex consensual sex between adults a criminal offence, and seven countries (or parts thereof) impose the death penalty for same-sex consensual sex. They are Iran, Saudi Arabia, Yemen, Mauritania, the twelve northern states of Nigeria, and the southern parts of Somalia.
The right to sexuality has only relatively recently become the subject of international concern, with the regulation of sexuality traditionally falling within the jurisdiction of the [[nation state]].<ref name="Sexuality and Human Rights ichrp.org 2009">{{
==Acts of violence==
Acts of violence against LGBT people are often especially vicious compared to other [[hate crime|bias-motivated crime]]s
Examples of violent acts against people of diverse sexual orientation are too numerous to account here, and they occur in all parts of the world. A particularly distressing example is the sexual assault and murder of fifteen lesbians in [[Thailand]] in March 2012. In that example, two lesbian couples were killed by men who objected to their relationship and who were embarrassed when they were unable to convince the women into heterosexual relationships with themselves.<ref name="iglhrc.org 2012 e134">
In another disturbing case which took place in 2017 in a church located in [[Brazil]], a 13-year-old lesbian girl fell victim to sexual abuse after confessing to her bishop her sexual orientation. The bishop then proceeded to anoint the girl with an oil under the pretext of “gay healing” to which the young girl was left traumatized and in need for phycological care.<ref>{{Cite web |date=2020-09-18 |title=Bispo evangélico que estuprou adolescente é condenado a 20 anos de prisão |url=https://www.pragmatismopolitico.com.br/2020/09/bispo-evangelico-que-estuprou-adolescente-e-condenado-a-20-anos-de-prisao.html |access-date=2023-10-07 |website=Pragmatismo Político |language=pt-BR}}</ref>
Often acts of violence against people of diverse sexual orientation are perpetrated by the victim's own family. In a case in [[Zimbabwe]], the multiple rape of a lesbian was organised by her own family in an attempt to "cure" her of homosexuality.<ref name="Coomaraswamy 2002">{{cite web |last=Coomaraswamy |first=Radhika |author-link=Radhika Coomaraswamy |title=Report of the Special Rapporteur on Violence against Women, Its Causes and Consequences, Radhika Coomaraswamy, submitted in accordance with Commission on Human Rights resolution 2001/49 |publisher=United Nations Commission on Human Rights |date=2002-01-31 |url=https://digitallibrary.un.org/record/459009?ln=en |access-date=2023-09-17 |id=E/CN.4/2002/83 |oclc=50549496 |page=102 |archive-date=12 May 2023 |archive-url=https://web.archive.org/web/20230512045101/https://digitallibrary.un.org/record/459009?ln=en |url-status=live }}</ref>
In those cases, as in many other cases of violence against people of diverse sexual orientation, State law enforcement authorities are complicit in human rights abuses for failing to persecute violators of rights.
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==Breach of the right to privacy==
{{Main| Right to Privacy}}
The [[right to privacy]] is a protected freedom under the UDHR,
It has been successfully argued in a number of cases that criminalization of homosexual relationships is an interference with the right to privacy, including decisions in the [[European Court of Human Rights]] and the UNHRC.<ref name="HUDOC 001-57473">{{cite web |title=DUDGEON v. THE UNITED KINGDOM |author=European Court of Human Rights |author-link=European Court of Human Rights |date=22 October 1981 |website=HUDOC |url=https://hudoc.echr.coe.int/#%7B%22docname%22:%5B%22Dudgeon%22%5D,%22documentcollectionid2%22:%5B%22GRANDCHAMBER%22,%22CHAMBER%22%5D,%22itemid%22:%5B%22001-57473%22%5D%7D |id=001-57473 |access-date=2023-09-18 |archive-date=17 September 2023 |archive-url=https://web.archive.org/web/20230917232404/https://hudoc.echr.coe.int/#%7B%22docname%22:%5B%22Dudgeon%22%5D,%22documentcollectionid2%22:%5B%22GRANDCHAMBER%22,%22CHAMBER%22%5D,%22itemid%22:%5B%22001-57473%22%5D%7D |url-status=live }}</ref><ref name="HUDOC 001-575476">{{cite web |title=NORRIS v. IRELAND |author=European Court of Human Rights |date=26 October 1988 |website=HUDOC |url=https://hudoc.echr.coe.int/#%7B%22docname%22:%5B%22Norris%20v.%20Ireland%22%5D,%22documentcollectionid2%22:%5B%22GRANDCHAMBER%22,%22CHAMBER%22%5D,%22itemid%22:%5B%22001-57547%22%5D%7D |id=001-57547 |access-date=2023-09-18 |archive-date=17 September 2023 |archive-url=https://web.archive.org/web/20230917232404/https://hudoc.echr.coe.int/#%7B%22docname%22:%5B%22Norris%20v.%20Ireland%22%5D,%22documentcollectionid2%22:%5B%22GRANDCHAMBER%22,%22CHAMBER%22%5D,%22itemid%22:%5B%22001-57547%22%5D%7D |url-status=live }}</ref><ref name="Toonen v Australia 1992"/>
The freedom to decide on one's own consensual adult relationships, including the gender of that person, without the interference of the State is a fundamental human right. To prohibit the relationships of people of diverse sexual orientation is a breach of the right to sexuality and the right to privacy.
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Every person, by virtue of their [[individual autonomy]], is free to express themselves, assemble and join in association with others. [[Freedom of expression]] is a protected human right under Article 19 of the UDHR and Article 19 of the ICCPR, as is the right to [[freedom of assembly]] under Article 20 of the UDHR and Article 21 of the ICCPR.
LGBT people are discriminated against in respect of their ability to defend and promote their rights. Gay pride marches, peaceful demonstrations and other events promoting LGBT rights are often banned by State governments.<ref
In 2011 gay pride marches were banned in Serbia<ref name="BBC News 2011 e881">
==Yogyakarta principles==
In 2005, twenty-nine experts undertook the drafting of the [[Yogyakarta Principles]] on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity.<ref name="Yogyakarta Principles plus 10 2017">{{cite web |title=Yogyakarta Principles plus 10 |website=yogyakartaprinciples.org |date=2017-11-30 |url=https://yogyakartaprinciples.org/principles-en/yp10/ |archive-url=https://web.archive.org/web/20230722124004/https://yogyakartaprinciples.org/principles-en/yp10/ |archive-date=2023-07-22 |url-status=live |access-date=2023-09-16}}</ref
The Principles can be broadly categorised into the following:
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{{Main| Sexual Orientation and Gender Identity at the United Nations}}
On June 17, 2011 the [[United Nations Human Rights Council]] in a Resolution on Human Rights, Sexual Orientation and Gender Identity, adopted by a vote of 23 in favour, 19 against, and 3 abstentions, requested the commission of a study to document discriminatory laws and acts of violence against people based on their sexual orientation and gender identity.<ref>[http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11167&LangID=E UN Human Rights Council] {{webarchive|url=https://web.archive.org/web/20110624081557/http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11167&LangID=E |date=2011-06-24 }}, June 17, 2011; see also [https://www.un.org/apps/news/story.asp?NewsID=38762 UN rights body hits out against violence based on sexual orientation] {{Webarchive|url=https://web.archive.org/web/20120219025059/http://www.un.org/apps/news/story.asp?NewsID=38762 |date=19 February 2012 }}, (2011) UN News Centre.</ref>
The 2011 Resolution was intended to shed light on how international human rights could be used to prevent acts of violence and discrimination against people of diverse sexual orientation.
On 15 December 2011 the first Report on human rights of LGBT people was released by the [[Office of the United Nations High Commissioner for Human Rights]].
The Report made the following recommendations. In order to prevent such acts of violence occurring, [[United Nations Member States]] are recommended to:
* Promptly investigate all reported killings and serious incidents of violence against LGBT people, regardless of whether carried out privately or publicly, by State or non-State actors, ensuring accountability for such violations and the establishment of reporting mechanisms for such incidents.
* Take measures to prevent torture and other forms of cruel, [[inhuman or degrading treatment]], ensure accountability for such violations and establish reporting mechanisms.
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==See also==
{{div col}}
* [[Antisexualism]]
* [[Bodily integrity]]
* [[Decriminalization of sex work]]
* [[Disability and sexuality]]
* [[Homophobia]]
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* [[Sexual and reproductive health and rights]]
* [[Sexual Freedom Awards]]
{{div col end}}
==References==
{{Reflist|32em}}
===Sources===
*{{cite web |author=Human Rights Council |author-link=United Nations Human Rights Council |title=Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity |series=Report of the United Nations High Commissioner for Human Rights |date=17 November 2011 |publisher=United Nations |id=A/HRC/19/41 |url=https://www2.ohchr.org/english/bodies/hrcouncil/docs/19session/A.HRC.19.41_English.pdf |ref={{sfnref|UN Human Rights Council|2011}} |oclc=769808039 |archive-url=https://web.archive.org/web/20230826022115/https://www2.ohchr.org/english/bodies/hrcouncil/docs/19session/A.HRC.19.41_English.pdf |archive-date=2023-08-26}}
*{{cite web |title=Universal Declaration of Human Rights |publisher=United Nations |year=1948 |url=https://www.un.org/en/about-us/universal-declaration-of-human-rights |ref={{sfnref|Universal Declaration of Human Rights|1948}} |oclc=1194848956 |archive-url=https://web.archive.org/web/20230915042433/https://www.un.org/en/about-us/universal-declaration-of-human-rights |archive-date=2023-09-15}}
==External links==
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[[Category:Human rights]]
[[Category:Human sexuality]]
[[Category:
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