Professional Documents
Culture Documents
The Universal Declaration of Human Rights includes the right of every person
to life, privacy, health and equality before the law, as well as the right to free-
dom of expression and freedom from discrimination and violence, including
torture. Lesbian, gay, bisexual and transgender (LGBT) persons are constant-
ly at risk of persecution and gross violations of their fundamental human
rights in a number of countries. Many LGBT persons fear or face imprison-
ment, torture, abuse and even murder, solely because they live in a context
that does not tolerate their sexual orientation, gender identity or gender
expression.
in national health plans, and most acts incur harsh penalties. Laws of this
countries fail to report on MSM (men kind legitimise state sanctioned harass-
who have sex with men) indicators. ment of LGBT persons, and function
Almost universally, MSM and MTF as an excuse to deny them custody of
(male to female) transgender persons their children, the right to form an
are more affected by HIV than the organization, etc. The laws also
general population. Marginalisation, restrict the opportunities for HIV pre-
stigma, discrimination, and fear vention in the countries in question,
of self-exposure make it more difficult and the scope for obtaining redress as
for MSM and MTF transgender per- a victim of crime. The countries that
sons to protect themselves from trans- have attracted the most international
mission, as these groups are less likely attention in recent years for applying
to access appropriate services. these laws include Iran, Cameroon,
The health of lesbian and bisexual Nigeria and Saudi Arabia, but there
women also tends to be overlooked in have also been less publicized cases in
research and medical practice. Wom- other countries. For more details see the
en who have sex with women (WSW) collection of land reports on rfsl.se/www.rfsl.
are still considered a low risk group se/?p=2517 (in Swedish).
in terms of HIV vulnerability. How- LGBT persons all over the world
ever, the fact that HIV has low trans- face abuse, rape and murder. The root
mission in WSW practice has proven of hate-motivated violence lies not
to be an inadequate reason to assume in the victim’s gender identity
that the group is not at risk. Some or expression or sexual orientation
women who have sex with women also or practice. Instead, it lies in the cul-
practice sex with men by choice, while tural norms of the context in which
others are at risk because of sexual they live. The State plays an instru-
violence, forced marriage etc. Ill- mental role in either perpetrating the
health is both a consequence of and violence itself, legitimising violence
a strong contributory factor to mate- perpetrated by individuals, or prevent-
rial poverty and powerlessness, lack ing it through protective legislation.
of influence and disfranchisement. Criminalising legislation gives reason
In dialogue with health ministries, to assume that violence and harass-
advocate for the inclusion of LGBT ment occur also outside of the legisla-
groups in national health plans and tive system, since these laws have the
other national surveys. Are the groups effect that violence against LGBT per-
MTF (Male identifying himself/her- sons is legitimised and it provides
self as female) and MSM (men who a ground for extortion.
have sex with men) included In countries where LGBT persons
in National Health Strategic Plans are not mentioned in the penal code,
(NHSPs) or other prevalence studies? ‘morality laws’ may be used
Lack of reporting on HIV prevalence as grounds for arrests, such as ‘causing
among these groups may indicate una- a public nuisance’ or ‘acts that are
wareness of their vulnerability and contrary to good morals’. Criminalis-
even denial of this existence. ing legislation is sometimes used
by politicians as a reason to oppose
Decriminalisation LGBT persons’ human rights.
More than 85 countries and territories Embassies could work actively for
worldwide have made homosexual decriminalisation within the frame-
acts a criminal offence. In such coun- work of on-going human rights dia-
tries, a romantic relationship between logue and legal reform programmes.
two people of the same sex may lead An embassy should argue for decrimi-
to a long prison sentence, lashing or, nalisation when the issue is on the
at worst, the death penalty. In the agenda. What is the official stand
United Arab Emirates, Iran, Sudan, on LGBT rights on behalf of the gov-
Yemen and 12 Nigerian states, engag- ernment? Have politicians made any
ing voluntarily in homosexual prac- public statements? Is there state sanc-
tices is a capital offence. In Bangla- tioned violence against LGBT per-
desh, Kenya, Namibia, Tanzania, sons, such as imprisonments, arrests
Uganda and Zimbabwe, homosexual or executions?
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However, the agenda setting should and bisexual women and FTM trans-
be the prerogative of the persons gender persons – are sanctioned,
affected. It must be the decision of the or even carried out by, the victim’s
persons affected when and how own relatives. Women who do not
to bring up decriminalisation, because marry may end up being dependent
of the risk of backlash. As such, it is on their family, while not having any
of strategic importance that civil soci- influence over their own life.
ety and LGBT organisations are Violence and threats of violence
strengthened, so that they can take against family members may also
active part in bringing decriminalisa- restrict LGBT persons’ freedom and
tion up on the agenda. be an obstacle in participating openly
in activism for LGBT rights.
Non-discrimination The absence of a legal framework
Discrimination within the labour mar- for same-sex families creates uncer-
ket affects LGBT persons’ chances tainty for children living in families
of finding and keeping a job. Access that are considered unconventional.
to employment is particularly limited Certain LGBT issues can be
for transgender persons. brought up under the heading of gen-
Heteronormativity and discrimina- der mainstreaming. Gender-related
tion also create unequal access to edu- violence, for instance, is a concept that Every person, regardless of sexual
cation. LGBT persons may lack the covers both men’s violence against orientation, gender identity and
support from their family and thus the women and hate-motivated violence gender expression are entitled
opportunity for further studies. School against LGBT persons. Dialogues to their rights. LGBT rights are not
can be a rough environment and between the authorities and civil soci- special rights, but the same
going to school may become impos- ety organisations, LGBT organisations human rights that should
sible for those who have suffered har- if they exist or women’s organisations be afforded to all individuals.
assment because of their sexuality that are LGBT inclusive, can be useful
or gender expression. fora to bring up such issues.
It can be useful to bring up the
question of legislation and to promote FAQ
protective legislation, based on the
human rights argument, and to bring Below some FAQ and statements are
up hate-crime and hate-speech legisla- listed.
tion. Is there non-discrimination legis-
lation that gives protection on the “Why should we allow homosexuality here?”
labour market and within the school
system, on basis of sexual orientation Homosexuality exists among all
and gender identity or expression? people and has done so since the
Do LGBT persons feel safe to report beginning of recorded history.
assaults to the police and are their cas- It was not something invented by,
es taken seriously? nor only practised in, Western coun-
tries. The reason why it is more vis-
Social networks and family ible in Western countries is because
there generally is protective legisla-
LGBT persons often risk losing their tion that enable people to more
social networks if their sexual orienta- openly claim equal rights.
tion or gender identity is revealed.
Even people from families that are not “Our laws are based on traditional beliefs
poor may end up in poverty if their and should continue to reflect these. / Our
family turns their back on them. The religion forbids homosexuality/bisexuality/
family, for many the main source transgenderism, and our laws reflect our reli-
of security, may for LGBT persons gion.”
be the single greatest threat to their
health and security. Honour-related Governments have the responsibility
violence directed at LGBT persons to safeguard the rights and freedoms
may lead to stigmatization, exclusion of its citizens. Sometimes this means
and, at worst, death. It is not uncom- taking a proactive stand ahead of
mon that “curative” rapes – sexual public opinion. It is also the respon-
assaults intended to “convert” lesbian sibility of the government to be
6
Examples of statements regarding the Human Rights vide information about what they explicitly entail for LGBT
of LGBT persons: people. They include information on extrajudicial execu-
A number of international bodies have spoken out against tions, violence and torture, access to justice, privacy, non-
criminalisation of homosexual acts. For instance, the discrimination, rights to freedom of expression and assem-
UN Committee on Human Rights decided in the 1994 bly, employment, health, education, immigration and refu-
in the case of Toonen v. Australia that the State of Tasmania’s gee issues, public participation, and a variety of other
criminalisation of same-sex acts, contravened the interna- rights. In 2010 an Activist’s Guide that gives an introduc-
tional covenant on Civil and Political Rights. tion to the Yogyakarta Principles and their use, as well as a
The UN General Assembly Third Committee adopted report on the impact of the Principles, was released. More
a resolution in November 2006 condemning extrajudicial information and the publications can be found on
executions on the grounds of homosexuality. For its part, www.ypinaction.org.
the European Court of human rights, in three cases dating
from 1981, 1988 and 1993, stated that “sodomy laws” con- EU Toolkit to Promote the Enjoyment of all Human
travened the European Convention on Human Rights. Rights by LGBT People
The UN Special Rapporteurs have increasingly This toolkit was published in 2010 and has the purpose
included specific reference to the Human Rights of LGBT of providing staff in the EU Headquarters, EU Delegations,
persons in their reports. In 1999, the Special Rapporteur Representations and Embassies with an operational set
on Extrajudicial, Summary and Arbitrary Executions, of tools to be used in dialogue with third countries, as well
Asma Jahangir, was the first to include individual cases as with international and civil society organisations, in order
of severe persecution of sexual minorities in her reports to promote and protect the human rights of LGBT persons
to the UN Commission on Human Rights. In consequence, within its external action.
some members of the Commission accused her of going
beyond her mandate. 2. Monitoring and evaluation
In a report from April 2010, the Special Rapporteur
on the right of everyone to the enjoyment of the The EU Toolkit entails a number of indicators for tracking
highest attainable standard of physical and men- and monitoring the human rights situation for LGBT per-
tal health, examines the relationship between the right sons in a country as well as for discovering progress or set-
to the highest attainable standard of health and the crimi- backs. It is quite comprehensive and covers 10 basic human
nalization of three forms of private, adult, consensual sexu- rights principles: Right to Life; Right to freedom from torture
al behaviour among which same-sex conduct and sexual or cruel, inhumane or degrading treatment; Right to equality
orientation is one. The Special Rapporteur suggests that before the law and non-discrimination; Right to privacy;
decriminalization is necessary as part of a comprehensive Right to association; Freedom of assembly, Freedom of infor-
right-to-health approach. Such measures include human mation and expression, Right to work, Right to health, Rights
rights education, the participation and inclusion of vulner- of children.
able groups, and efforts to reduce stigma and discrimination These indicators can provide a fair picture of the human
in respect of these groups. rights situation for LGBT persons in a country or region.
In Europe, in applying the ‘reasonable and objective’ The analysis and strategic planning must always be context
test, the European Court of Human Rights has con- specific. If there is an LGBT movement, it should be
demned discrimination on the grounds of sexual orienta- involved in political dialogue. If there is no such movement,
tion, in considering the right to respect for private life, but this may indicate the severeness of the situation for LGBT
not when considering the right to respect for family life. persons. However, there may be other ways of supporting
Within the European Union, there is a general prohibi- the LGBT community on their terms, i e through health
tion on discrimination on the grounds of sexual orientation outreach programs, HIV/AIDS prevention programs, etc.
in employment. Article 21 of the 2000 Charter of Fun- In terms of the accountability of the governments human
damental Rights of the European Union calls for the rights commitments, active measures must be taken to ensure
prohibition of any discrimination, on the basis of sexual that the human rights of LGBT persons are respected. Are
orientation. there anti-discrimination legislation, policies, and action
plans? Are there research reports on homophobic and
The Yogyakarta Principles transphobic violence? Are MSM and MTF transgender per-
The Yogyakarta Principles are a set of legal principles sons included in national HIV/AIDS prevention strategies?
on how international law should apply to human rights viola- For participation in democratic processes as equal actors
tions based on sexual orientation and gender identity/expres- in society, LGBT organisations must have the legitimacy
sion. A group of human rights experts from 25 countries for- and ability to give a voice to the LGBT community, e.g.
mulated these principles, which were adopted at a meeting by participating in public dialogues, without fear of perse-
in 2006 in Yogyakarta, Indonesia. www.yogyakartaprinciples.org. cution. Are there laws that constrain the freedom of infor-
The Yogyakarta Principles are very helpful guidelines mation and expression? Are there limitations in the Free-
in applying the principles of human rights to issues of sexu- dom of Assembly and Right to Association? (If there is leg-
al orientation and gender identity and expression, as they islation against pornography, can this be use to prevent dis-
make the human rights principles more tangible and pro- tribution of LGBT friendly materials or educational
materials about sexuality, depending on the legal definition • Transvestism: Originating in a sense that the role of one’s
of pornography.) Freedom of Assembly and Right to Asso- own gender is too narrow, transvestism is a way of coun-
ciation are usually constrained for LGBT communities, terbalancing the gender role to which one has been
with reference to a criminalising legislation, meaning that acclimatized, by using attributes and symbols culturally
the organisations can be outlawed or denied registration, defined as “female” or “male”.
because their agenda is contrary to a legislation that crimi- • Drag: Using appearance and behaviour to exaggerate
nalises homosexual acts. typical characteristics of conventional gender roles.
A male role is often called a drag king, and the female
3. List of common LGBT concepts counterpart a drag queen.
LGBT
Intersexualism
LGBT – lesbian, gay, bisexual and transgender, is an Intersexualism is a general term used for a variety of con-
umbrella term for sexual orientation, gender identity and ditions in which a person is born with a reproductive
gender expression. The term has been developed in a West- or sexual anatomy that doesn’t seem to fit the typical defi-
ern, 20th-century context and in many parts of the world, nitions of female or male. Intersex anatomy doesn’t always
other terms are used. However, LGBT has come to be show up at birth, and sometimes a person is found to have
an internationally valid term, even if its implications vary intersex anatomy when she or he reaches the age
in different contexts. Some organizations have added the of puberty.
letters Q and I (queer and/or intersex).
The Heteronorm
Homosexuality Heteronormativity is the institutionalisation of the idea that
The ability to love and/or be sexually attracted to a mem- only heterosexuality is normal, and only particular kinds of
ber of the same sex. heterosexual relations are normal.
In English, the term “gay” is often used to describe
a homosexual man, and “lesbian” is used for a homosexual Identity vs. behaviour
woman. People who have sex with others of the same sex do not
necessarily identify themselves as gay, lesbian (homosexual)
Bisexuality or bisexual. The term LGBT is a way of describing sexual-
Art.no.: SIDA61258en. Department for Empowerment (Democracy, Human Rights and Gender Equality)
The ability to be sexually attracted to and/or love someone ity and gender expression in relation to human rights in the
irrespective of sex. social, civil, political, cultural and economic spheres. The
There may be a distinction between how a person feels term LGBT covers both identity and expression, but peo-
(what identity they have) and how they live (with a man or ple’s sexual practices are not always reflected in their iden-
a woman). Living with a person of the opposite sex doesn’t tity. Two terms sometimes used are MSM (men who have
automatically mean that a person is heterosexual. sex with men) and WSW (women who have sex with wom-
en). This avoids mentioning what are perceived as set iden-
Transgender tities. Men who have sex with men and women who have
Since transgender is an umbrella term, it’s important to be sex with women do not necessarily define themselves
aware that there are many different ways in which a person as homosexual or bisexual, or feel any solidarity with oth-
can be transgender. Transgenderism is all about gender ers who identify themselves as LGBT.
identity and expression, rather than primarily about sexual- It’s important to bear in mind that the identities
ity. Transgender people may be homosexual, bisexual embraced by the term do not manifest themselves in the
or heterosexual. same way worldwide, and that categories change with time
• Transgender or intergender: A term describing people who and place.
see their gender identity as transcending the simple Local contexts, with their specific cultural codes and
male–female divide. practices, are all different and must always be considered
• Transsexualism: A deeply rooted sense of not belonging when dealing with LGBT issues internationally.
in the body you were born with and the identity you
have been legally assigned.
References