Global InformationLGBT rights at the United Nations information
 | This article's lead section may be too long. (April 2022) |
| | Neither | States which did not support either declaration |
| | Non-member states | States that are not voting members of the United Nations |
| | Oppose | States which supported an opposing declaration in 2008 and continued their opposition in 2011 |
| | Subsequent member | South Sudan, which was not a member of the United Nations in 2008 |
| | Support | States which supported the LGBT rights declaration in the General Assembly or on the Human Rights Council in 2008 or 2011 |
Discussions of LGBT rights at the United Nations have included resolutions and joint statements in the United Nations General Assembly and the United Nations Human Rights Council (UNHRC), attention to the expert-led human rights mechanisms (such as the United Nations Treaty Bodies and Special Procedures), as well as by the UN Agencies.
Since its founding in 1945, the United Nations political bodies had not discussed LGBT rights (regarding equality regardless of sexual orientation or gender identity) until 1994 through the favorable resolution of the Toonen v. Australia case by the UN Human Rights Committee.[1]
In April 2003, Brazil presented a resolution prohibiting discrimination on the basis of sexual orientation to the United Nations Commission on Human Rights. However, in the ensuing debates the Commission voted to postpone discussions on the resolution until 2004.[2]
In December 2006, the discussions expanded to include gender identity, when Norway presented a joint statement on human rights violations based on sexual orientation and gender identity at the Commission on Human Rights on behalf of 54 states. This was followed by a joint statement presented at the General Assembly by Argentina on behalf of 66 states in December 2008. The 2008 statement in support of LGBT rights in the General Assembly prompted a statement backed by the Arab League and the Organisation of Islamic Cooperation in opposition to LGBT rights. Both statements remain open for signature, and neither has been officially adopted by the General Assembly.
On 17 June 2011, South Africa led a resolution at the UNHRC requesting that the United Nations High Commissioner for Human Rights (OHCHR) draft a report "documenting discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity" to follow-up and implementation of the Vienna Declaration and Programme of Action.[3] The resolution passed with 23 votes in favour to 19 against, with 3 abstentions. It was the first such resolution and was hailed as "historic".[4]
The report, which came out in December 2011, documented human rights violations based on sexual orientation and gender identity, including hate crimes, criminalization of homosexuality, and discrimination. High Commissioner Navi Pillay called for equitable ages of consent; comprehensive laws against discrimination based on sexual orientation; prompt investigation and recording of hate crime incidents; the repeal of laws criminalizing homosexuality; and other measures to ensure the protection of the rights of LGBT persons.[5] The text of the report from the UNHRC is dated on 17 November 2011.[6]
In July 2014, the United Nations (as an employer) announced it would extend equal benefits to employees in same-sex unions entered into in jurisdictions where they are legal.
In September 2014, Brazil, Chile, Colombia and Uruguay led on a follow-up resolution at the UNHRC. This second resolution on "human rights, sexual orientation and gender identity"[7] passed with an increased vote margin (25 to 14, 7 abstentions), reflecting the trend for increased support by member states to address these issues at the international level.[8] It requested the UN High Commissioner for Human Rights to update the 2011 report "with a view to sharing good practices and ways to overcome violence and discrimination, in application of existing international human rights law and standards". The update was presented to the Human Rights Council in June 2015.
In 2016, the UNHRC passed a resolution to appoint an Independent Expert to find the causes of violence and discrimination against people due to their gender identity and sexual orientation, and discuss with governments about how to protect those people. This long-term OHCHR-based mandate has been seen as the UN's "most overt expression of gay rights as human rights".[9]
Also in 2016, the UN Security Council condemned the Orlando nightclub shooting; this statement marked the first time the U.N. Security Council used language recognizing violence targeting the LGBT community.[10]
As of 2024, same-sex marriage is legally performed and recognized in 36 UN member states.[11]
- ^ Toonen v. Australia, Communication No. 488/1992, U.N. Doc CCPR/C/50/D/488/1992 (1994).
- ^ IGLHRC (2003). "Resolution on Sexual Orientation and Human Rights - United Nations Commission on Human Rights - IGLHRC Campaign Dossier" (PDF). IGLHRC. Retrieved 20 November 2017.
- ^ "Follow-up and implementation of the Vienna Declaration and Programme of Action". United Nations General Assembly. 14 July 2011. A/HRC/RES/17/19. Retrieved 8 March 2024.
- ^ Jordans, Frank (June 17, 2011). "UN passes historic resolution in support of LGBT equality". Associated Press.
- ^ "UN issues first report on human rights of gay and lesbian people". United Nations. 15 December 2011.
- ^ Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, A.HRC/19/41
- ^ "HRC resolution 27/32 on "human rights & SOGI"". ap.ohchr.org. Retrieved 2016-05-31.
- ^ "Norms, case law and practices relevant to sexual orientation, gender identity and intersex status in the United Nations system (Annex 6)" (PDF).
- ^ Morello, Carol. "U.N. council creates watchdog for LGBT rights". The Washington Post. Retrieved 2016-07-05.
- ^ "UN Acknowledges Human Rights Violation Against LGBT Community". M.voanews.com. 2016-06-14. Retrieved 2016-07-05.
- ^ "The Dutch went first in 2001; who has same-sex marriage now?". Associated Press. 28 April 2021.