Content deleted Content added
→top: {{use dmy dates|date=September 2023}} |
Added some visuals and some more content to the paragraphs. |
||
| (47 intermediate revisions by 19 users not shown) | |||
Line 1:
{{Short description|Right to enjoy one's sexuality without discrimination}}
[[File:02021 0494 (2) Far-Right protesters recording LGBT Rights Activists Face in Bielsko-Biała during the demonstration and pride parade.jpg|thumb|Protestors recording LGBT Rights Activist at Pride Parade.]]
{{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}}}}{{LGBTQ sidebar}}{{Rights}}
▲
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]].
Line 9 ⟶ 13:
The concept of the right to sexuality is difficult to define, as it comprises various rights from within the framework of international human rights law.
Sexual orientation is defined in the Cambridge dictionary is described as "The fact of someone being sexually or romantically attracted to people of a particular gender, or more than one gender".<ref>https://dictionary.cambridge.org/us/dictionary/english/sexual-orientation</ref>
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,
</blockquote>
Line 22 ⟶ 26:
In the ICCPR, Article 2 sets out a similar provision for non-discrimination:
<blockquote>
"Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race,
</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 of psychological 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 orientations are perpetrated by the victim's own family. In the case of [[Zimbabwe]], 18 yr. old Tina Machida was raped multiple times as a lesbian which was organized by her own family in an attempt to "normalize" her from 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>
[[File:Lesbian Pride Flag 2019.svg|thumb|Lesbian pride flag]]
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.
==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 several 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
==Freedom of expression, assembly and association==
{{Main| Freedom of Speech| Freedom of Assembly}}
Every person, by
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
[[File:Cologne Germany Cologne-Gay-Pride-2016 Parade-045.jpg|thumb|Germany Pride Parade]]
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">
The Principles can be broadly
* Principles 1 to 3 set out the universality of human rights and their application to all persons.
* Principles 4 to 11 address fundamental rights to life, freedom from violence and torture, privacy, access to justice and freedom from arbitrary detention.
* Principles 12 to 18 set out non-discrimination in relation of economic, social and cultural rights, including employment, accommodation, social security, education and health.
* Principles 19 to 21
* Principles 22 and 23 set out the right to seek asylum from persecution of based on sexual orientation.
* Principles 24 to 26 set out the right to participate in family and cultural life and public affairs.
* Principle 27 sets out the right to promote and defend human rights without discrimination based on sexual orientation.
* Principles 28 and 29
The Yogyakarta Principles is an instrument of [[soft law]] and is therefore not binding. But it does provide an important standard for States in their obligation to protect the rights of individuals of diverse sexual
==The United Nations==
{{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
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.
* 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.
* Repeal laws that criminalize homosexuality, same-sex sexual conduct, other criminal laws that detain people based on their sexuality and abolish the death penalty for
* Enact comprehensive anti-discrimination legislation, ensuring that combating discrimination based on sexual orientation is in the mandates of national human rights bodies.
* Ensure that freedom of expression, association and peaceful assembly can be exercised safely without discrimination on sexual orientation or gender identity.
* Implement appropriate training
* Facilitate legal recognition of the preferred gender of transgender persons.
Further action is yet to be taken by the United Nations, although a proposed declaration on sexual orientation and gender identity was brought before the [[United Nations General Assembly]] in 2008. However, that declaration has not been officially adopted by the General Assembly and remains open for signatories.
==See also==
{{div col}}
* [[Antisexualism]]
* [[Bodily integrity]]
* [[Decriminalization of sex work]]
* [[Disability and sexuality]]
* [[Homophobia]]
Line 110 ⟶ 119:
* [[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==
Line 126 ⟶ 140:
[[Category:Human rights]]
[[Category:Human sexuality]]
[[Category:
| |||