.
THE YOGYAKARTA PRINCIPLES
on the Application of International Human Rights Law in relation to
Sexual Orientation and Gender Identity
Official version in PDF format
Preamble. 5
PRINCIPLE 1. The Right to the Universal Enjoyment of Human Rights. 6
PRINCIPLE 2. The Rights to Equality and Non-discrimination.. 6
PRINCIPLE 3. The Right to recognition before the law... 7
PRINCIPLE 4. The Right to Life. 7
PRINCIPLE 5. The Right to Security of the Person.. 8
PRINCIPLE 6. The Right to Privacy.. 8
PRINCIPLE 7. The Right to Freedom from Arbitrary deprivation of liberty.. 9
PRINCIPLE 8. The Right to a Fair Trial. 9
PRINCIPLE 9. The Right to Treatment with Humanity while in Detention.. 10
PRINCIPLE 10. The Right to Freedom from Torture and Cruel, Inhuman or Degrading Treatment or Punishment. 10
PRINCIPLE 11. The Right to Protection from all forms of exploitation, sale and trafficking of human beings. 11
PRINCIPLE 12. The right to Work. 11
PRINCIPLE 13. The right to social security and to other social protection measures 11
PRINCIPLE 14. The right to an adequate standard of living.. 12
PRINCIPLE 15. The Right to Adequate Housing.. 12
PRINCIPLE 16. The Right to Education.. 13
PRINCIPLE 17. The Right to the Highest Attainable Standard of Health.. 13
PRINCIPLE 18. Protection from Medical Abuses. 14
PRINCIPLE 19. The Right to Freedom of Opinion and Expression.. 14
PRINCIPLE 20. The Right to Freedom of Peaceful Assembly and Association.. 15
PRINCIPLE 21. The Right to Freedom of Thought, Conscience and Religion.. 15
PRINCIPLE 22. The Right to Freedom of Movement. 16
PRINCIPLE 23. The Right to seek Asylum.. 16
PRINCIPLE 24. The Right to Found a Family.. 16
PRINCIPLE 25. The Right to participate in public life. 17
PRINCIPLE 26. The Right to Participate in Cultural Life. 17
PRINCIPLE 27. The Right to Promote Human Rights. 18
PRINCIPLE 28. The Right to Effective Remedies and Redress. 18
PRINCIPLE 29. Accountability.. 19
Additional Recommendations. 19
Signatories to the Yogyakarta Principles. 21
Introduction to the Yogyakarta Principles
All human beings are born free and equal in dignity and rights. All human rights are universal, interdependent, indivisible and interrelated. Sexual orientation and gender identity are integral to every person’s dignity and humanity and must not be the basis for discrimination or abuse.
Many advances have been made toward ensuring that people of all sexual orientations and gender identities can live with the equal dignity and respect to which all persons are entitled. Many States now have laws and constitutions that guarantee the rights of equality and non-discrimination without distinction on the basis of sex, sexual orientation or gender identity.
Nevertheless, human rights violations targeted toward persons because of their actual or perceived sexual orientation or gender identity constitute a global and entrenched 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. These violations are often compounded by experiences of other forms of violence, hatred, discrimination and exclusion, such as those based on race, age, religion, disability, or economic, social or other status.
Many States and societies impose gender and sexual orientation norms on individuals through custom, law and violence and seek to control how they experience personal relationships and how they identify themselves. The policing of sexuality remains a major force behind continuing gender-based violence and gender inequality.
The international system has seen great strides toward gender equality and protections against violence in society, community and in the family. In addition, 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 to human rights violations based on sexual orientation and gender identity has been fragmented and inconsistent.
To address these deficiencies a consistent understanding of the comprehensive regime of international human rights law and its application to issues of sexual orientation and gender identity is necessary. It is critical to collate and clarify State obligations under existing international human rights law, in order to promote and protect all human rights for all persons on the basis of equality and without discrimination.
The International Commission of Jurists and the International Service for Human Rights, on behalf of a coalition of human rights organisations, have undertaken a project to develop a set of international legal principles on the application of international law to human rights violations based on sexual orientation and gender identity to bring greater clarity and coherence to States’ human rights obligations.
A distinguished group of human rights experts has drafted, developed, discussed and refined these Principles. Following an experts’ meeting held at Gadjah Mada University in Yogyakarta, Indonesia from 6 to 9 November 2006, 29 distinguished experts from 25 countries with diverse backgrounds and expertise relevant to issues of human rights law unanimously adopted the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity.
The rapporteur of the meeting, Professor Michael O’Flaherty, has made immense contributions to the drafting and revision of the Yogyakarta Principles. His commitment and tireless efforts have been critical to the successful outcome of the process.
The Yogyakarta Principles address a broad range of human rights standards and their application to issues of sexual orientation and gender identity. The Principles affirm the primary obligation of States to implement human rights. Each Principle is accompanied by detailed recommendations to States. The experts also emphasise, though, that all actors have responsibilities to promote and protect human rights. Additional recommendations are addressed to other actors, including the UN human rights system, national human rights institutions, the media, non-governmental organisations, and funders.
The experts agree that the Yogyakarta Principles reflect the existing state of international human rights law in relation to issues of sexual orientation and gender identity. They also recognise that States may incur additional obligations as human rights law continues to evolve.
The Yogyakarta 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.
Sonia Onufer Corrêa ..............Vitit Muntarbhorn
Co-Chairperson .......................Co-Chairperson
on the Application of International Human Rights Law in relation to
Sexual Orientation and Gender Identity
Official version in PDF format
Preamble. 5
PRINCIPLE 1. The Right to the Universal Enjoyment of Human Rights. 6
PRINCIPLE 2. The Rights to Equality and Non-discrimination.. 6
PRINCIPLE 3. The Right to recognition before the law... 7
PRINCIPLE 4. The Right to Life. 7
PRINCIPLE 5. The Right to Security of the Person.. 8
PRINCIPLE 6. The Right to Privacy.. 8
PRINCIPLE 7. The Right to Freedom from Arbitrary deprivation of liberty.. 9
PRINCIPLE 8. The Right to a Fair Trial. 9
PRINCIPLE 9. The Right to Treatment with Humanity while in Detention.. 10
PRINCIPLE 10. The Right to Freedom from Torture and Cruel, Inhuman or Degrading Treatment or Punishment. 10
PRINCIPLE 11. The Right to Protection from all forms of exploitation, sale and trafficking of human beings. 11
PRINCIPLE 12. The right to Work. 11
PRINCIPLE 13. The right to social security and to other social protection measures 11
PRINCIPLE 14. The right to an adequate standard of living.. 12
PRINCIPLE 15. The Right to Adequate Housing.. 12
PRINCIPLE 16. The Right to Education.. 13
PRINCIPLE 17. The Right to the Highest Attainable Standard of Health.. 13
PRINCIPLE 18. Protection from Medical Abuses. 14
PRINCIPLE 19. The Right to Freedom of Opinion and Expression.. 14
PRINCIPLE 20. The Right to Freedom of Peaceful Assembly and Association.. 15
PRINCIPLE 21. The Right to Freedom of Thought, Conscience and Religion.. 15
PRINCIPLE 22. The Right to Freedom of Movement. 16
PRINCIPLE 23. The Right to seek Asylum.. 16
PRINCIPLE 24. The Right to Found a Family.. 16
PRINCIPLE 25. The Right to participate in public life. 17
PRINCIPLE 26. The Right to Participate in Cultural Life. 17
PRINCIPLE 27. The Right to Promote Human Rights. 18
PRINCIPLE 28. The Right to Effective Remedies and Redress. 18
PRINCIPLE 29. Accountability.. 19
Additional Recommendations. 19
Signatories to the Yogyakarta Principles. 21
Introduction to the Yogyakarta Principles
All human beings are born free and equal in dignity and rights. All human rights are universal, interdependent, indivisible and interrelated. Sexual orientation and gender identity are integral to every person’s dignity and humanity and must not be the basis for discrimination or abuse.
Many advances have been made toward ensuring that people of all sexual orientations and gender identities can live with the equal dignity and respect to which all persons are entitled. Many States now have laws and constitutions that guarantee the rights of equality and non-discrimination without distinction on the basis of sex, sexual orientation or gender identity.
Nevertheless, human rights violations targeted toward persons because of their actual or perceived sexual orientation or gender identity constitute a global and entrenched 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. These violations are often compounded by experiences of other forms of violence, hatred, discrimination and exclusion, such as those based on race, age, religion, disability, or economic, social or other status.
Many States and societies impose gender and sexual orientation norms on individuals through custom, law and violence and seek to control how they experience personal relationships and how they identify themselves. The policing of sexuality remains a major force behind continuing gender-based violence and gender inequality.
The international system has seen great strides toward gender equality and protections against violence in society, community and in the family. In addition, 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 to human rights violations based on sexual orientation and gender identity has been fragmented and inconsistent.
To address these deficiencies a consistent understanding of the comprehensive regime of international human rights law and its application to issues of sexual orientation and gender identity is necessary. It is critical to collate and clarify State obligations under existing international human rights law, in order to promote and protect all human rights for all persons on the basis of equality and without discrimination.
The International Commission of Jurists and the International Service for Human Rights, on behalf of a coalition of human rights organisations, have undertaken a project to develop a set of international legal principles on the application of international law to human rights violations based on sexual orientation and gender identity to bring greater clarity and coherence to States’ human rights obligations.
A distinguished group of human rights experts has drafted, developed, discussed and refined these Principles. Following an experts’ meeting held at Gadjah Mada University in Yogyakarta, Indonesia from 6 to 9 November 2006, 29 distinguished experts from 25 countries with diverse backgrounds and expertise relevant to issues of human rights law unanimously adopted the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity.
The rapporteur of the meeting, Professor Michael O’Flaherty, has made immense contributions to the drafting and revision of the Yogyakarta Principles. His commitment and tireless efforts have been critical to the successful outcome of the process.
The Yogyakarta Principles address a broad range of human rights standards and their application to issues of sexual orientation and gender identity. The Principles affirm the primary obligation of States to implement human rights. Each Principle is accompanied by detailed recommendations to States. The experts also emphasise, though, that all actors have responsibilities to promote and protect human rights. Additional recommendations are addressed to other actors, including the UN human rights system, national human rights institutions, the media, non-governmental organisations, and funders.
The experts agree that the Yogyakarta Principles reflect the existing state of international human rights law in relation to issues of sexual orientation and gender identity. They also recognise that States may incur additional obligations as human rights law continues to evolve.
The Yogyakarta 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.
Sonia Onufer Corrêa ..............Vitit Muntarbhorn
Co-Chairperson .......................Co-Chairperson
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The Yogyakarta Principles
Comments by Michael O’Flaherty
Vilnius, 26 October 2007
All human rights belong to all of us. We have human rights because we exist – not because we are gay or straight and irrespective of our gender identities. This is evident as a matter of principle and also as a matter of international human rights law. However, discussion of the impact of international law for sexual minority groups tends to focus around a small number of issues – invasion of privacy rights; criminalisation of sexual activities; discrimination in access to services, that sort of things. Law has a considerable amount more than this to say to the plight that countless millions of people face around the world.
International courts and other monitoring bodies have found violations of human rights or otherwise spoken up regarding a very wide range of situations: for instance, regarding protection from torture, execution, hate crime and police intimidation, as well as non-discriminatory access to partner social security benefits, to education and health facilities. They have even confirmed that there is a formal legal right to live in a society that actively combats prejudice and promotes genuine equality of access and opportunity.
Unfortunately, the findings of the courts and monitoring bodies have had less impact than should be the case. The proceedings are often very obscure in terms of public impact. They usually address specific situations or countries and their broader relevance can be overlooked. As a result, we are met with a little known legal patchwork that in no way reaches it’s potential to promote social change worldwide.
The purpose of the Yogyakarta Principles is to redress that situation. They are a compendium of all of the applicable international legal standards as applied to the actual situation of people of diverse sexual orientations and gender identities worldwide. Obvious as this exercise might seem, it had never before been done. Nor was it easy – it required a careful reflection on the meaning of legal findings and their relevance to a vast range of issues and situations.
The Principles were developed and unanimously adopted by a group of 30 human rights experts, from diverse regions and backgrounds, including judges, academics, a former UN High Commissioner for Human Rights, UN “Special Procedures”, members of international human rights monitoring bodies, NGOs and others. A central event in the development of the Principles was a seminar of many of the 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 law.
There are 29 Principles, with 16 recommendations addressed to others. I will not run through all of them now, but a few key points can be made:
• The Principles contain a definition of “gender identity” and of “sexual orientation”. This is a first in an international legal document and it has the great merit of focussing attention around an agreed meaning to the terms. As has happened in other contexts, for instance regarding human trafficking, the clarification of meaning can be a firm basis for action.
• You can describe the Principles has been located on a map of suffering and discrimination. The map is very wide ranging, from the obvious issues to those that have received much less attention. However, no one would claim that the mapping exercise is complete – we will continue to discover or become sensitised to aspects of discrimination, prejudice or persecution that people face because of their sexual orientation or gender identity.
• The Principles unite economic, social, cultural, civil and political rights. This is the so-called human rights notion of indivisibility: is no point in civil rights, like free speech and protection from physical attack, if, at the same time, you can be discriminated against in housing or health care. The Yogyakarta Principles recognise these connections and draw together the relevant legal standards in a way that genuinely reflects how we all live our lives.
• You can describe the Principles as being constructed around four additional legal concepts:
• The first of these is that of non-discrimination. Obviously, equal treatment is fundamental to protecting the rights of people of diverse sexual orientations and gender identities.
• Combating discrimination is not enough: the next concept then is that of protection from persecution. . In countless countries it is essential to recall the legal prohibition on attacks such as torture, degrading treatment, sexual abuse and forced medical procedures.
• The fourth concept is that of empowerment. Human Rights are not just about preventing bad things. They are also about giving people the space and the supports in order for them to flourish and play a full part in their communities. This explains the detailed recommendations to States regarding such matters as education, public information, social supports and redress for past violations
• The final underlying legal notion is that of accountability. Every human right involved the imposition on the State and its agents of a human rights duty. Their duty extends beyond their own acts and they have a responsibility to ensure that all of society respects the rights of everyone. The Principles make this clear in a very specific and applied manner.
Of course the Yogyakarta Principles are not perfect. In the first place they do not include reference many people would want to see in international law, for instance regarding same-sex marriage. This is because of the cautious approach of just expressing what the law now is rather than where we might like to see it go.
A second limitation is that the Principles can only address the situation as best it is understood in this moment of history. We are sure that there are examples of discrimination or of persecution that have been overlooked – this is perhaps more likely with regard to issues of gender identity that have received much less attention in international law debate than is the case for sexual orientation.
A third limitation is that it is never obvious where to set the limits on the level of detail entered into. For instance, some people think that a specific medical issue – that of access to medicines in Africa - should have been specifically mentioned. It has also been suggested that the gender neutrality of the text – something we worked hard to achieve – has the effect of rendering invisible some of the very serious human rights concerns of women.
Another aspect of the Principles might, at first sight, be seen as a limitation. That is the way in which they primarily address governments. However we do not regret this choice. Government are the bodies that have the solemn responsibility in law to promote and protect human rights. They have to be the primary audience for the principles. We want to confront with their duties. We also want to help them with sensible and law-based suggestions as they face up to the responsibilities.
In any case, as you will see from the text, the Principles also speak to many actors beyond governments. They contain recommendations to the UN, to regional organisations, to courts and human rights monitoring bodies, to national and international NGOs, even to individuals. A major challenge now will be to bring them to the attention of all these groups and to hold them accountable also.
Ultimately, the strength, reach and impact of the Yogyakarta Principles, will, in large part, depend on the quality and the vigour of the advocacy work that will be done on their behalf. That brings the issue right back to all of you here today – we rely on you to take the next steps with the Principles – to take them to heart and to use them in national and international lobbying and awareness raising. That is a major and extended task for which I wish you well.
Thank you.
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