Yogyakarta Principles

However, the Principles have never been accepted by the United Nations (UN) and the attempt to make gender identity and sexual orientation new categories of non-discrimination has been repeatedly rejected by the General Assembly, the UN Human Rights Council and other UN bodies.

The Principles aim to provide a consistent understanding about application of international human rights law in relation to sexual orientation and gender identity.

[11] Among the 29 signatories of the principles were Mary Robinson, Manfred Nowak, Martin Scheinin, Mauro Cabral, Sonia Corrêa, Elizabeth Evatt, Philip Alston, Edwin Cameron, Asma Jahangir, Paul Hunt, Sanji Mmasenono Monageng, Sunil Babu Pant, Stephen Whittle and Wan Yanhai.

[10] In alignment with the movement towards establishing basic human rights for all people, the Yogyakarta Principles specifically address sexual orientation and gender identity.

These included examples of sexual assault and rape, torture and ill-treatment, extrajudicial executions, honour killing,[4] invasion of privacy, arbitrary arrest and imprisonment, medical abuse, denial of free speech and assembly and discrimination, prejudice and stigmatization[12] in work, health, education, housing, family law, access to justice and immigration.

[13] The finalised Yogyakarta Principles was launched as a global charter on 26 March 2007 at a public event in Geneva, timed to coincide with the main session of the United Nations Human Rights Council.

[14][15] Michael O'Flaherty, spoke at the International Lesbian and Gay Association (ILGA) Conference in Lithuania on 27 October 2007; he explained that "all human rights belong to all of us.

[16][17][18][19] The update was drafted by a committee of Mauro Cabral Grinspan, Morgan Carpenter, Julia Ehrt, Sheherezade Kara, Arvind Narrain, Pooja Patel, Chris Sidoti and Monica Tabengwa.

Signatories additionally include Philip Alston, Edwin Cameron, Kamala Chandrakirana, Sonia Onufer Corrêa, David Kaye, Maina Kiai, Victor Madrigal-Borloz, Sanji Mmasenono Monageng, Vitit Muntarbhorn, Sunil Pant, Dainius Puras, Ajit Prakash Shah, Sylvia Tamale, Frans Viljoen, and Kimberly Zieselman.

The Principles have never been accepted by the United Nations and the attempt to make gender identity and sexual orientation new categories of non-discrimination has been repeatedly rejected by the General Assembly, the UN Human Rights Council and other UN bodies.

[22] The Representative of Malawi, speaking on behalf of all African States argued that the report: Reflected an attempt to introduce controversial notions and a disregard to the Code of Conduct for Special Procedures Mandate-holders as outlined in Human Rights Council resolution 8/4.

They recommend that member states "abolish sterilisation and other compulsory medical treatment as a necessary legal requirement to recognise a person's gender identity in laws regulating the process for name and sex change," (V.4) as well as to "make gender reassignment procedures, such as hormone treatment, surgery and psychological support, accessible for transgender persons, and ensure that they are reimbursed by public health insurance schemes."

The document argued that the belief that "homosexuality is worsening the demographic crisis and threatening the future of the nation" is "illogical," and that "granting legal recognition to same-sex couples has no influence on whether heterosexuals marry or have children.

In a unanimous decision on May 5, 2011, the Brazilian Supreme Federal Court became the first supreme court in the world to recognize same-sex civil unions as a family entity equal in rights to a heterosexual one, as certified by UNESCO,[31] expressly citing the Yogyakarta Principles as a significant legal guideline:[32] It is important to point out, for relevant, that this examination is in line with the Yogyakarta Principles, that translates recommendations addressed to the national States, as a result of a conference held in Indonesia, in November 2006, under the coordination of the International Commission of Jurists and the International Service for Human Rights.

A very important contribution to thinking in this area was made by the 2006 Yogyakarta Principles on the application of international human rights law in relation to sexual orientation and gender identity.