LGBTQ Rights

Sexual Orientation, Gender
Identity, Sex Characteristics

 LGBTQ stands for lesbian, gay, bisexual, transgender, and queer
 Refers to people who fall outside of traditional heterosexual and
cisgender norms
 UN uses the abbreviation LGBTI, with I standing for intersex
 UN document “Born Free and Equal” (2019) provides definitions on
pp. 5-6

Does International Bill of Rights
Guaranty LGBTQ Rights?

Universal Declaration of Human Rights
 Article 1: All human beings are born free and equal in dignity and rights
 Article 2: 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.
 Article 7: All are equal before the law and are entitled without any discrimination to equal protection
ICCPR
 Article 26: all persons are equal before the law and are entitled without any discrimination to the equal
protection of the law. In this respect the law shall prohibit any discrimination . . . on any grounds such as
race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or
other status
 Similar protection in ICESCR

1994 Toonen v. Australia:

UN HR Committee that oversees ICCPR
ruled that Tasmanian law that criminalized consensual sexual
conduct between adults violated the ICCPR

Next Steps from “Born Free and
Equal

Core legal obligations of states in regard to LGBTI persons
 Protect individuals from violence
 Prevent torture and cruel, inhuman, and degrading treatment and
punishment
 Repeal discriminatory laws
 Prohibit and address discrimination
 Respect freedom of expression, peaceful assembly, and association