What International Human Rights Law Says About LGBTQIA+ Rights

Addressing the rights that are most frequently violated is a major key to understanding what rights are protected regarding LGBTQIA+ individuals. One of the most frequently violated rights against the LGBTQIA+ community includes the right to recognition under the law. When countries become parties to international treaties, countries assume duties and obligations in order to fulfill, protect and respect the positive facilitation of the enjoyment of human rights. For example, the right to freedom of expression, association and assembly is protected by existing human rights standards, however it is not always positively facilitated for the enjoyment of LGBTQIA+ individuals due to oppressive practices. In order to protect these rights, oppressive practices need to be explicitly prohibited. LGBTQIA+ individuals are entitled to the fulfillment of their human rights just as heterosexual and cisgender individuals are fulfilled in their human rights in this regard.

The rights of LGBTQIA+ people are frequently violated as a result of states or countries neglecting to implement laws and policies that prohibit discrimination based on sexuality and gender identity. Negative media portrayals of LGBTQIA+ people contribute to human rights violations. When social institutions or elected officials demonize a particular demographic group through rhetoric or policy, it normalizes and institutionalizes social discrimination. People on an individual level can contribute to human rights violations when they tolerate them and refuse to speak out against them when they witness them.

No. There is no treaty that has been written with the focus of protecting the rights of LGBTQIA+ individuals.The United Nations Human Rights Council became the first UN intergovernmental body to implement a broad resolution on human rights encapsulating sexual orientation and gender identity in June 2011. The United Nations General Assembly has passed a series of resolutions that call upon states to specifically ensure the protection of the right to live in order to assuage unjust killings motivated by hate for different sexual orientations and identities and investigate those that have taken place.

Existing human rights standards that protect the rights of LGBTQIA+ people also protect the rights of transgender individuals. Vulnerable groups are more susceptible to being unjustly targeted and their rights require additional protections. The needs of trans people and individuals who express their gender identity that does not fit the binary standard are highly complex and multi-faceted as different states have different requirements for transgender people in terms of transitioning. Transgender people have the right to undergo or not undergo any kind of gender-affirming care based on their human rights entitled to from birth, however some states require trans individuals to undergo highly invasive surgery in order to be recognized as the gender they identify as. Additionally, many countries still classify being transgender as a mental illness leading to extreme human rights violations in healthcare, education, housing and the workplace.

The Office of the United Nations High Commissioner for Human Rights (OHCHR) launched the United Nations’ Free and Equal Campaign in July 2013. The UN’s Free and Equal Campaign is an unprecedented globally operated general information campaign promoting the fair treatment and equal rights of LGBTQIA+ people.This campaign was created to alleviate the lack of legal protections combined with hostile attitudes of other individuals that ultimately contributes widespread discrimination that results in human rights violations.

Two international human rights organizations that have directly laid out their support for LGBTQIA+ individuals and their basic human rights include Human Rights Watch and Amnesty International. These organizations take the lead in documenting and reporting human rights violations against LGBTQIA+ people. Both Amnesty International and the Human Rights Watch have actively worked through researching, advocacy, lobbying and campaigning in order to rally support for the LGBTQIA+ community in the face of discrimination, injustice and violence. For example, the Human Rights Watch reported on a new restrictive and arbitrary set of global regulations regarding the testosterone levels in female athletes, women will have to alter their natural hormone levels to be able to compete in female athletics. According to the report, these regulations were not based on any scientific studies and have no apparent objective basis. Amnesty International also works to provide governments and influential officials with policy recommendations on improving the lives of citizens. A global Amnesty International campaign was a major catalyst in the high courts during the time in which Taiwan declared same-sex marriage unconstitutional. After working with Amnesty International, in 2019, Taiwan became the first country in Asia to recognize same-sex marriage as legal.

Support the implementation of hate crime laws that safeguard the physical safety of LGBTQIA+ people. Advocate for the repeal of laws that criminalize being LGBTQIA+ and limit the safety and general welfare of LGBTQIA+ individuals. Prohibiting discrimination and providing education regarding sexual orientation and gender identity is also important. Work to safeguard the freedom of expression, association, and peaceful assembly which also promotes a culture that respects the rights of LGBTQIA+ people.

The following is a brief list of national and international organizations that do specific work to protect the human rights of the LGBTQIA+ community.

• The Human Rights Campaign is a national organization that works to organize and ensure legal protections for LGBTQIA+ people through policy and legislation.
• Human Rights Watch is an international organization which researches and reports on various forms of human rights violations, including human rights violations against the LGBTQIA+ community. Report on 132 countries
• The American Civil Liberties Union (ACLU) is a nationwide organization that works to ensure that LGBTQIA+ people can live openly without discrimination and enjoy equal rights, personal autonomy, and freedom of expression and association through legal action and helping to create policy.
• Amnesty International mobilizes its members to influence governments and policy makers on an international level to produce protective policies for LGBTQIA+ individuals.