Kieron Andrew
03-20-2007, 12:34 PM
This may just be of interest to some of you, Copied in full from Press for Change
Subject: Launch of Yogyakarta Principles on Sexual Orientation & Gender
Identity!
Stephen Whittle
Press for Change
(Feel free to forward this message to others)
We are excited to let you know about the upcoming launch of the
Yogyakarta Principles on the application of international human rights
law in relation to sexual orientation and gender identity.
These Principles were developed at a meeting of international human
rights experts in Yogyakarta, Indonesia last November, co-hosted by the
International Commission of Jurists and the International Service for
Human Rights, on behalf of a coalition of human rights organisations.
The Principles identify binding human rights standards with which
governments must comply, and have been adopted by judges, academics,
a former UN High Commissioner for Human Rights, UN Special Procedures,
members of treaty bodies, NGOs and others.
The Yogyakarta Principles address a broad range of human rights issues
relevant to sexual orientation and gender identity issues around the
world - whether it's a challenge to colonial criminal laws in India,
proposed discriminatory legislation in Nigeria, the murder of a
transgender activist in Argentina, responding to police abuses in the
US, addressing violence against métis in Nepal, the banning of a Pride
march in Russia, exclusion of sexual orientation and gender identity
issues from European school curricula, so-called "corrective" rape and
punitive violence directed against lesbians in countries around the
world, with impunity for the perpetrators - the Principles make clear
that these are human rights abuses in violation of international law and
that the international community must respond.
The Principles will be formally launched on Monday, March 26,
immediately following a session of the United Nations Human Rights
Council. In addition, parallel events held during the Council will
enable discussion and analysis of the Principles and their application
to issues of sexual orientation and gender identity around the world.
You may wish to consider organising a local or regional media event
highlighting the application of the Principles to issues of particular
concern in your country or region - either timed to coincide with the
launch, or in the weeks or months to come. We can provide a template
for a press release that you can adapt to your local needs, and some
material resources may be available to assist groups interested in
planning a local or regional event.
If you are interested in issuing a local press release, organising a
press conference or otherwise raising awareness of the Principles in
your region, please feel free to contact us at
[email protected] ([email protected]).
A full copy of the Principles will be available on-line within the next
few days. In the meantime, you'll find below two backgrounders - one
provides more information about how the Yogyakarta Principles came
about; the other provides a brief overview of the range of human rights
issues addressed by the Principles.
Thanks, best wishes, and we greatly appreciate your support in raising
awareness of these important human rights concerns.
International Commission of Jurists & International Service for Human
Rights, on behalf of the Yogyakarta Secretariat
[email protected] ([email protected])
BACKGROUNDER #1:
About the Yogyakarta Principles
This document provides brief background information to the Yogyakarta
Principles. Please refer to the Principles themselves for a detailed awareness of the text.
Q. What are the Yogyakarta Principles?
The Yogyakarta Principles are a set of principles on the application of
international human rights law in relation to sexual orientation and
gender identity. The Principles affirm binding international legal
standards with which all States must comply. They promise a different
future where all people born free and equal in dignity and rights can
fulfil that precious birthright.
Q. Why are they needed?
Human rights violations targeted toward persons because of their actual
or perceived sexual orientation or gender identity constitute an
entrenched global pattern of serious concern. They include
extra-judicial killings, torture and ill-treatment, sexual assault and
rape, invasions of privacy, arbitrary detention, denial of employment
and education opportunities, and serious discrimination in relation to
the enjoyment of other human rights.
Key human rights mechanisms of the United Nations have affirmed States'
obligation to ensure effective protection of all persons from
discrimination based on sexual orientation or gender identity. However,
the international response has been fragmented and inconsistent,
creating the need for a consistent understanding of the comprehensive
regime of international human rights law and its application to issues
of sexual orientation and gender identity. The Yogyakarta Principles do
this.
Q. How did the Principles come about?
The Principles were developed and unanimously adopted by a distinguished
group of human rights experts, from diverse regions and backgrounds,
including judges, academics, a former UN High Commissioner for Human
Rights, UN Special Procedures, members of treaty bodies, NGOs and
others. The Rapporteur of the process, Professor Michael O'Flaherty, has
made immense contributions to the drafting and revision of the
Yogyakarta Principles.
A key event in the development of the Principles was an international
seminar of many of these legal experts that took place in Yogyakarta,
Indonesia at Gadjah Mada University from 6 to 9 November 2006. That
seminar clarified the nature, scope and implementation of States' human
rights obligations in relation to sexual orientation and gender identity
under existing human rights treaties and law.
Q. What do they cover?
The Yogyakarta Principles address the broad range of human rights
standards and their application to issues of sexual orientation and
gender identity.
These include extrajudicial executions, violence and torture, access to
justice, privacy, non-discrimination, rights to freedom of expression
and assembly, employment, health, education, immigration and refugee
issues, public participation, and a variety of other rights.
Q. How can these rights be implemented?
The Principles affirm the primary obligation of States to implement
human rights. Each Principle is accompanied by detailed recommendations
to States. The Principles also emphasise, however, that all actors have
responsibilities to promote and protect human rights. Additional
recommendations are therefore addressed to the UN human rights system,
national human rights institutions, the media, non-governmental
organisations, and others.
BACKGROUNDER #2:
The Yogyakarta Principles - an Overview
The Yogyakarta Principles address a broad range of international human
rights standards and their application to issues of sexual orientation
and gender identity. This Overview provides a short outline of the
Principles, and some examples of their application.
Preamble: The Preamble acknowledges human rights violations based on
sexual orientation and gender identity, establishes the relevant legal
framework, and provides definitions of key terms.
Rights to Universal Enjoyment of Human Rights, Non-Discrimination and
Recognition before the Law: Principles 1 to 3 set out the principles of
the universality of human rights and their application to all persons
without discrimination, as well as the right of all people to
recognition before the law.
Example:
* Laws criminalising homosexuality violate the international right to
non-discrimination (decision of the UN Human Rights Committee).
Rights to Human and Personal Security: Principles 4 to 11 address
fundamental rights to life, freedom from violence and torture, privacy,
access to justice and freedom from arbitrary detention.
Examples:
* The death penalty continues to be applied for consensual adult sexual
activity between persons of the same sex, despite UN resolutions
emphasizing that the death penalty may not be imposed for "sexual
relations between consenting adults."
* Eleven men were arrested in a gay bar and held in custody for over a
year. The UN Working Group on Arbitrary Detention concluded that the men
were detained in violation of international law, noting with concern that
"one of the prisoners died as a result of his arbitrary detention".
Economic, Social and Cultural Rights: Principles 12 to 18 set out the
importance of non-discrimination in the enjoyment of economic, social
and cultural rights, including employment, accommodation, social
security, education and health.
Examples:
* Lesbian and transgender women are at increased risk of discrimination,
homelessness and violence (report of UN Special Rapporteur on adequate
housing).
* Girls who display same-sex affection face discrimination and expulsion
from educational institutions (report of UN Special Rapporteur on the
right to education).
* The UN High Commissioner for Human Rights has expressed concern about
laws which "prohibit gender reassignment surgery for transsexuals or
require intersex persons to undergo such surgery against their will".
Rights to Expression, Opinion and Association: Principles 19 to 21
emphasise the importance of the freedom to express oneself, one's
identity and one's sexuality, without State interference based on sexual
orientation or gender identity, including the rights to participate
peaceably in public assemblies and events and otherwise associate in
community with others.
Example:
* A peaceful gathering to promote equality on the grounds of sexual
orientation and gender identity was banned by authorities, and
participants were harassed and intimidated by police and extremist
nationalists shouting slogans such as "Let's get the fags" and "We'll do
to you what Hitler did with Jews" (report of the UN Special Rapporteur
on contemporary forms of racism, racial discrimination, xenophobia &
related intolerance).
Freedom of Movement and Asylum: Principles 22 and 23 highlight the
rights of persons to seek asylum from persecution based on sexual
orientation or gender identity.
Example:
* Refugee protection should be accorded to persons facing a well-founded
fear of persecution based on sexual orientation (Guidelines of the
United Nations High Commissioner for Refugees).
Rights of Participation in Cultural and Family Life: Principles 24 to 26
address the rights of persons to participate in family life, public
affairs and the cultural life of their community, without discrimination
based on sexual orientation or gender identity.
Example:
* States have an obligation not to discriminate between different-sex
and same-sex relationships in allocating partnership benefits such as
survivors' pensions (decision of the UN Human Rights Committee).
Rights of Human Rights Defenders: Principle 27 recognises the right to
defend and promote human rights without discrimination based on sexual
orientation and gender identity, and the obligation of States to ensure
the protection of human rights defenders working in these areas.
Examples:
* Human rights defenders working on sexual orientation and gender
identity issues in countries and regions around the world "have been
threatened, had their houses and offices raided, they have been
attacked, tortured, sexually abused, tormented by regular death threats
and even killed. A major concern in this regard is an almost complete
lack of seriousness with which such cases are treated by the concerned
authorities." (report of the Special Representative of the UN
Secretary-General on Human Rights Defenders).
Rights of Redress and Accountability: Principles 28 and 29 affirm the
importance of holding rights violators accountable, and ensuring
appropriate redress for those who face rights violations.
Example:
* The UN High Commissioner for Human Rights has expressed concern about
"impunity for crimes of violence against LGBT persons" and "the
responsibility of the State to extend effective protection." The High
Commissioner notes that "excluding LGBT individuals from these
protections clearly violates international human rights law as well as
the common standards of humanity that define us all."
Additional Recommendations: The Principles set out 16 additional
recommendations to national human rights institutions, professional
bodies, funders, NGOs, the High Commissioner for Human Rights, UN
agencies, treaty bodies, Special Procedures, and others.
Example:
* The Principles conclude by recognising the responsibility of a range
of actors to promote and protect human rights and to integrate these
standards into their work. A joint statement delivered at the UN Human
Rights Council by 54 States from four of the five UN regions on 1
December 2006, for example, urges the Human Rights Council to "pay due
attention to human rights violations based on sexual orientation and
gender identity" and commends the work of civil society in this area,
and calls upon "all Special Procedures and treaty bodies to continue to
integrate consideration of human rights violations based on sexual
orientation and gender identity within their relevant mandates." As this
statement recognises, and the Yogyakarta Principles affirm, effective
human rights protection truly is the responsibility of all.
Subject: Launch of Yogyakarta Principles on Sexual Orientation & Gender
Identity!
Stephen Whittle
Press for Change
(Feel free to forward this message to others)
We are excited to let you know about the upcoming launch of the
Yogyakarta Principles on the application of international human rights
law in relation to sexual orientation and gender identity.
These Principles were developed at a meeting of international human
rights experts in Yogyakarta, Indonesia last November, co-hosted by the
International Commission of Jurists and the International Service for
Human Rights, on behalf of a coalition of human rights organisations.
The Principles identify binding human rights standards with which
governments must comply, and have been adopted by judges, academics,
a former UN High Commissioner for Human Rights, UN Special Procedures,
members of treaty bodies, NGOs and others.
The Yogyakarta Principles address a broad range of human rights issues
relevant to sexual orientation and gender identity issues around the
world - whether it's a challenge to colonial criminal laws in India,
proposed discriminatory legislation in Nigeria, the murder of a
transgender activist in Argentina, responding to police abuses in the
US, addressing violence against métis in Nepal, the banning of a Pride
march in Russia, exclusion of sexual orientation and gender identity
issues from European school curricula, so-called "corrective" rape and
punitive violence directed against lesbians in countries around the
world, with impunity for the perpetrators - the Principles make clear
that these are human rights abuses in violation of international law and
that the international community must respond.
The Principles will be formally launched on Monday, March 26,
immediately following a session of the United Nations Human Rights
Council. In addition, parallel events held during the Council will
enable discussion and analysis of the Principles and their application
to issues of sexual orientation and gender identity around the world.
You may wish to consider organising a local or regional media event
highlighting the application of the Principles to issues of particular
concern in your country or region - either timed to coincide with the
launch, or in the weeks or months to come. We can provide a template
for a press release that you can adapt to your local needs, and some
material resources may be available to assist groups interested in
planning a local or regional event.
If you are interested in issuing a local press release, organising a
press conference or otherwise raising awareness of the Principles in
your region, please feel free to contact us at
[email protected] ([email protected]).
A full copy of the Principles will be available on-line within the next
few days. In the meantime, you'll find below two backgrounders - one
provides more information about how the Yogyakarta Principles came
about; the other provides a brief overview of the range of human rights
issues addressed by the Principles.
Thanks, best wishes, and we greatly appreciate your support in raising
awareness of these important human rights concerns.
International Commission of Jurists & International Service for Human
Rights, on behalf of the Yogyakarta Secretariat
[email protected] ([email protected])
BACKGROUNDER #1:
About the Yogyakarta Principles
This document provides brief background information to the Yogyakarta
Principles. Please refer to the Principles themselves for a detailed awareness of the text.
Q. What are the Yogyakarta Principles?
The Yogyakarta Principles are a set of principles on the application of
international human rights law in relation to sexual orientation and
gender identity. The Principles affirm binding international legal
standards with which all States must comply. They promise a different
future where all people born free and equal in dignity and rights can
fulfil that precious birthright.
Q. Why are they needed?
Human rights violations targeted toward persons because of their actual
or perceived sexual orientation or gender identity constitute an
entrenched global pattern of serious concern. They include
extra-judicial killings, torture and ill-treatment, sexual assault and
rape, invasions of privacy, arbitrary detention, denial of employment
and education opportunities, and serious discrimination in relation to
the enjoyment of other human rights.
Key human rights mechanisms of the United Nations have affirmed States'
obligation to ensure effective protection of all persons from
discrimination based on sexual orientation or gender identity. However,
the international response has been fragmented and inconsistent,
creating the need for a consistent understanding of the comprehensive
regime of international human rights law and its application to issues
of sexual orientation and gender identity. The Yogyakarta Principles do
this.
Q. How did the Principles come about?
The Principles were developed and unanimously adopted by a distinguished
group of human rights experts, from diverse regions and backgrounds,
including judges, academics, a former UN High Commissioner for Human
Rights, UN Special Procedures, members of treaty bodies, NGOs and
others. The Rapporteur of the process, Professor Michael O'Flaherty, has
made immense contributions to the drafting and revision of the
Yogyakarta Principles.
A key event in the development of the Principles was an international
seminar of many of these legal experts that took place in Yogyakarta,
Indonesia at Gadjah Mada University from 6 to 9 November 2006. That
seminar clarified the nature, scope and implementation of States' human
rights obligations in relation to sexual orientation and gender identity
under existing human rights treaties and law.
Q. What do they cover?
The Yogyakarta Principles address the broad range of human rights
standards and their application to issues of sexual orientation and
gender identity.
These include extrajudicial executions, violence and torture, access to
justice, privacy, non-discrimination, rights to freedom of expression
and assembly, employment, health, education, immigration and refugee
issues, public participation, and a variety of other rights.
Q. How can these rights be implemented?
The Principles affirm the primary obligation of States to implement
human rights. Each Principle is accompanied by detailed recommendations
to States. The Principles also emphasise, however, that all actors have
responsibilities to promote and protect human rights. Additional
recommendations are therefore addressed to the UN human rights system,
national human rights institutions, the media, non-governmental
organisations, and others.
BACKGROUNDER #2:
The Yogyakarta Principles - an Overview
The Yogyakarta Principles address a broad range of international human
rights standards and their application to issues of sexual orientation
and gender identity. This Overview provides a short outline of the
Principles, and some examples of their application.
Preamble: The Preamble acknowledges human rights violations based on
sexual orientation and gender identity, establishes the relevant legal
framework, and provides definitions of key terms.
Rights to Universal Enjoyment of Human Rights, Non-Discrimination and
Recognition before the Law: Principles 1 to 3 set out the principles of
the universality of human rights and their application to all persons
without discrimination, as well as the right of all people to
recognition before the law.
Example:
* Laws criminalising homosexuality violate the international right to
non-discrimination (decision of the UN Human Rights Committee).
Rights to Human and Personal Security: Principles 4 to 11 address
fundamental rights to life, freedom from violence and torture, privacy,
access to justice and freedom from arbitrary detention.
Examples:
* The death penalty continues to be applied for consensual adult sexual
activity between persons of the same sex, despite UN resolutions
emphasizing that the death penalty may not be imposed for "sexual
relations between consenting adults."
* Eleven men were arrested in a gay bar and held in custody for over a
year. The UN Working Group on Arbitrary Detention concluded that the men
were detained in violation of international law, noting with concern that
"one of the prisoners died as a result of his arbitrary detention".
Economic, Social and Cultural Rights: Principles 12 to 18 set out the
importance of non-discrimination in the enjoyment of economic, social
and cultural rights, including employment, accommodation, social
security, education and health.
Examples:
* Lesbian and transgender women are at increased risk of discrimination,
homelessness and violence (report of UN Special Rapporteur on adequate
housing).
* Girls who display same-sex affection face discrimination and expulsion
from educational institutions (report of UN Special Rapporteur on the
right to education).
* The UN High Commissioner for Human Rights has expressed concern about
laws which "prohibit gender reassignment surgery for transsexuals or
require intersex persons to undergo such surgery against their will".
Rights to Expression, Opinion and Association: Principles 19 to 21
emphasise the importance of the freedom to express oneself, one's
identity and one's sexuality, without State interference based on sexual
orientation or gender identity, including the rights to participate
peaceably in public assemblies and events and otherwise associate in
community with others.
Example:
* A peaceful gathering to promote equality on the grounds of sexual
orientation and gender identity was banned by authorities, and
participants were harassed and intimidated by police and extremist
nationalists shouting slogans such as "Let's get the fags" and "We'll do
to you what Hitler did with Jews" (report of the UN Special Rapporteur
on contemporary forms of racism, racial discrimination, xenophobia &
related intolerance).
Freedom of Movement and Asylum: Principles 22 and 23 highlight the
rights of persons to seek asylum from persecution based on sexual
orientation or gender identity.
Example:
* Refugee protection should be accorded to persons facing a well-founded
fear of persecution based on sexual orientation (Guidelines of the
United Nations High Commissioner for Refugees).
Rights of Participation in Cultural and Family Life: Principles 24 to 26
address the rights of persons to participate in family life, public
affairs and the cultural life of their community, without discrimination
based on sexual orientation or gender identity.
Example:
* States have an obligation not to discriminate between different-sex
and same-sex relationships in allocating partnership benefits such as
survivors' pensions (decision of the UN Human Rights Committee).
Rights of Human Rights Defenders: Principle 27 recognises the right to
defend and promote human rights without discrimination based on sexual
orientation and gender identity, and the obligation of States to ensure
the protection of human rights defenders working in these areas.
Examples:
* Human rights defenders working on sexual orientation and gender
identity issues in countries and regions around the world "have been
threatened, had their houses and offices raided, they have been
attacked, tortured, sexually abused, tormented by regular death threats
and even killed. A major concern in this regard is an almost complete
lack of seriousness with which such cases are treated by the concerned
authorities." (report of the Special Representative of the UN
Secretary-General on Human Rights Defenders).
Rights of Redress and Accountability: Principles 28 and 29 affirm the
importance of holding rights violators accountable, and ensuring
appropriate redress for those who face rights violations.
Example:
* The UN High Commissioner for Human Rights has expressed concern about
"impunity for crimes of violence against LGBT persons" and "the
responsibility of the State to extend effective protection." The High
Commissioner notes that "excluding LGBT individuals from these
protections clearly violates international human rights law as well as
the common standards of humanity that define us all."
Additional Recommendations: The Principles set out 16 additional
recommendations to national human rights institutions, professional
bodies, funders, NGOs, the High Commissioner for Human Rights, UN
agencies, treaty bodies, Special Procedures, and others.
Example:
* The Principles conclude by recognising the responsibility of a range
of actors to promote and protect human rights and to integrate these
standards into their work. A joint statement delivered at the UN Human
Rights Council by 54 States from four of the five UN regions on 1
December 2006, for example, urges the Human Rights Council to "pay due
attention to human rights violations based on sexual orientation and
gender identity" and commends the work of civil society in this area,
and calls upon "all Special Procedures and treaty bodies to continue to
integrate consideration of human rights violations based on sexual
orientation and gender identity within their relevant mandates." As this
statement recognises, and the Yogyakarta Principles affirm, effective
human rights protection truly is the responsibility of all.