The Yogyakarta Principles is a document about
human rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
in the areas of
sexual orientation
Sexual orientation is an enduring personal pattern of romantic attraction or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. Patterns ar ...
and
gender identity
Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent and consistent with the in ...
that was published as the outcome of an international meeting of human rights groups in
Yogyakarta
Yogyakarta is the capital city of the Special Region of Yogyakarta in Indonesia, in the south-central part of the island of Java. As the only Indonesian royal city still ruled by Hamengkubuwono, a monarchy, Yogyakarta is regarded as an importan ...
,
Indonesia
Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania, between the Indian Ocean, Indian and Pacific Ocean, Pacific oceans. Comprising over List of islands of Indonesia, 17,000 islands, including Sumatra, ...
, in November 2006. The principles were supplemented and expanded in 2017 to include new grounds of
gender expression
Gender expression (or gender presentation) is a person's behavior, mannerisms, interests, and appearance that are associated with gender in a particular cultural context, typically understood in terms of masculinity and femininity. Gender expr ...
and
sex characteristics and a number of new principles. However, the Principles have never been accepted by the
United Nations
The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
(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 and the supplement contain a set of precepts intended to apply the standards of
international human rights law
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, ag ...
to address the abuse of human rights of
lesbian
A lesbian is a homosexual woman or girl. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate nouns with female homosexu ...
,
gay,
bisexual
Bisexuality is romantic attraction, sexual attraction, or sexual behavior toward both males and females. It may also be defined as the attraction to more than one gender, to people of both the same and different gender, or the attraction t ...
,
transgender
A transgender (often shortened to trans) person has a gender identity different from that typically associated with the sex they were sex assignment, assigned at birth.
The opposite of ''transgender'' is ''cisgender'', which describes perso ...
, and
intersex
Intersex people are those born with any of several sex characteristics, including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical binar ...
(
LGBTI) people.
Versions
Original 2006 Principles
The Principles themselves are a lengthy document addressing legal matters. A website that was established to hold the principles and to make them accessible has an overview of the principles,
reproduced here in full:
* Preamble: The
Preamble
A preamble () is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the su ...
acknowledges human rights violations based on sexual orientation and gender identity, which undermine the
integrity
Integrity is the quality of being honest and having a consistent and uncompromising adherence to strong moral and ethical principles and values.
In ethics, integrity is regarded as the honesty and Honesty, truthfulness or of one's actions. Integr ...
and
dignity
Dignity is a human's contentment attained by satisfying physiological needs and a need in development. The content of contemporary dignity is derived in the new natural law theory as a distinct human good.
As an extension of the Enlightenment- ...
, establishes the relevant legal framework, and provides definitions of key terms.
* Rights to Universal Enjoyment of Human Rights, Non-Discrimination and Recognition before the Law: Principles 1 to 3 set out the principles of the universality of human rights and their application to all persons without
discrimination
Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...
, as well as the right of all people to recognition as a
person
A person (: people or persons, depending on context) is a being who has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations suc ...
before the law.
** ''Example:''
***Laws criminalising homosexuality violate the international right to non-discrimination (decision of the UN Human Rights Committee).
* Rights to Human and Personal Security: Principles 4 to 11 address fundamental rights to life, freedom from violence and
torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
,
privacy
Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively.
The domain of privacy partially overlaps with security, which can include the concepts of a ...
, access to justice and freedom from arbitrary
detention, and
human trafficking
Human trafficking is the act of recruiting, transporting, transferring, harboring, or receiving individuals through force, fraud, or coercion for the purpose of exploitation. This exploitation may include forced labor, sexual slavery, or oth ...
.
** ''Examples:''
*** Some nations still have laws imposing the
death penalty for homosexual sex between consenting adults, despite UN resolutions specifically opposing such laws.
*** Eleven men were arrested in a gay bar and held in custody for over a year. The UN Working Group on Arbitrary Detention concluded that the men were detained in violation of international law, noting with concern that "one of the prisoners died as a result of his arbitrary detention".
* Economic, Social and Cultural Rights: Principles 12 to 18 set out the importance of non-discrimination in the enjoyment of economic, social and cultural rights, including employment, accommodation, social security, education, sexual and
reproductive health
Sexual and reproductive health (SRH) is a field of research, health care, and social activism that explores the health of an individual's Human reproductive system, reproductive system and sexual well-being during all stages of their life. Se ...
including the right for
informed consent
Informed consent is an applied ethics principle that a person must have sufficient information and understanding before making decisions about accepting risk. Pertinent information may include risks and benefits of treatments, alternative treatme ...
and
sex reassignment therapy.
**''Examples:''
*** Lesbian and transgender women are at increased risk of discrimination, homelessness and violence (report of
United Nations Special Rapporteur on adequate housing).
*** Girls who display same-sex affection face discrimination and expulsion from educational institutions (report of UN Special Rapporteur on the right to
education
Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
).
*** The
United Nations High Commissioner for Human Rights has expressed concern about laws which "prohibit gender reassignment surgery for
transsexuals or require
intersex
Intersex people are those born with any of several sex characteristics, including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical binar ...
persons to undergo such surgery against their will".
* Rights to Expression, Opinion and Association: Principles 19 to 21 emphasise the importance of the freedom to express oneself, one's identity and one's
sexuality
Human sexuality is the way people experience and express themselves sexually. This involves biological, psychological, physical, erotic, emotional, social, or spiritual feelings and behaviors. Because it is a broad term, which has varied ...
, without State interference based on sexual orientation or gender identity, including the rights to participate peaceably in public assemblies and events and otherwise associate in community with others.
** ''Example:''
*** A peaceful gathering to promote equality on the grounds of sexual orientation and gender identity was banned by authorities, and participants were harassed and intimidated by police and extremist nationalists shouting slogans such as "Let's get the fags" and "We'll do to you what Hitler did with Jews" (report of the UN Special Rapporteur on contemporary forms of
racism
Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one Race (human categorization), race or ethnicity over another. It may also me ...
,
racial discrimination
Racial discrimination is any discrimination against any individual on the basis of their Race (human categorization), race, ancestry, ethnicity, ethnic or national origin, and/or Human skin color, skin color and Hair, hair texture. Individuals ...
,
xenophobia
Xenophobia (from (), 'strange, foreign, or alien', and (), 'fear') is the fear or dislike of anything that is perceived as being foreign or strange. It is an expression that is based on the perception that a conflict exists between an in-gr ...
& related
intolerance
Intolerance may refer to:
* Hypersensitivity or intolerance, undesirable reactions produced by the immune system
* ''Intolerance'' (film), a 1916 film by D. W. Griffith
* ''Intolerance'' (album), the first solo album from Grant Hart, formerly ...
).
* Freedom of Movement and Asylum: Principles 22 and 23 highlight the rights of persons to seek
asylum from persecution based on sexual orientation or gender identity.
** ''Example:''
*** Refugee protection should be accorded to persons facing a well-founded fear of persecution based on sexual orientation (Guidelines of the
United Nations High Commissioner for Refugees
The Office of the United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency mandated to aid and protect refugees, forcibly displaced communities, and stateless people, and to assist in their voluntary repatriation, l ...
).
* Rights of Participation in Cultural and Family Life: Principles 24 to 26 address the rights of persons to participate in family life, public affairs and the cultural life of their community, without discrimination based on sexual orientation or gender identity.
** ''Example:''
*** States have an obligation not to discriminate between different-sex and same-sex relationships in allocating partnership benefits such as survivors' pensions (decision of the UN Human Rights Committee).
* Rights of Human Rights Defenders: Principle 27 recognises the right to defend and promote human rights without discrimination based on sexual orientation and gender identity, and the obligation of States to ensure the protection of
human rights defenders working in these areas.
** ''Examples:''
*** Human rights defenders working on sexual orientation and gender identity issues in countries and regions around the world "have been threatened, had their houses and offices raided, they have been attacked, tortured, sexually abused, tormented by regular death threats and even killed. A major concern in this regard is an almost complete lack of seriousness with which such cases are treated by the concerned authorities." (report of the Special Representative of the UN Secretary-General on Human Rights Defenders).
* Rights of Redress and Accountability: Principles 28 and 29 affirm the importance of holding rights violators accountable, and ensuring appropriate redress for those who face rights violations.
** ''Example:''
*** The UN High Commissioner for Human Rights has expressed concern about "impunity for crimes of violence against LGBT persons" and "the responsibility of the State to extend effective protection. The High Commissioner notes that "excluding LGBT individuals from these protections clearly violates international human rights law as well as the common standards of humanity that define us all."
* Additional Recommendations: The Principles set out 16 additional recommendations to national human rights institutions, professional bodies, funders,
NGOs, the High Commissioner for Human Rights, UN agencies, treaty bodies, Special Procedures, and others.
** ''Example:''
*** The Principles conclude by recognising the responsibility of a range of actors to promote and protect human rights and to integrate these standards into their work. A joint statement delivered at the
United Nations Human Rights Council
The United Nations Human Rights Council (UNHRC) is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a United Nations Regional Gro ...
by 54 States from four of the five UN regions on 1 December 2006, for example, urges the Human Rights Council to "pay due attention to human rights violations based on sexual orientation and gender identity" and commends the work of civil society in this area, and calls upon "all Special Procedures and treaty bodies to continue to integrate consideration of human rights violations based on sexual orientation and gender identity within their relevant mandates." As this statement recognises, and the Yogyakarta Principles affirm, effective human rights protection truly is the responsibility of all.
2017 Yogyakarta Principles plus 10
* Preamble: The
Preamble
A preamble () is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the su ...
recalls developments in international human rights law, and an intention to regularly update the Principles. It defines gender expression and sex characteristics, applies these grounds to the original Principles, recognizes the
intersectionality of the grounds adopted in the Principles, and their intersectionality with other grounds.
* The Rights to State Protection: Principle 30 recognises the right to State protection from violence, discrimination and harm, including the exercise of due diligence in prevention, investigation, prosecution and remedies.
* The Right to Legal Recognition: Principle 31 calls for a right to legal recognition without reference to sex, gender, sexual orientation, gender identity, gender expression or sex characteristics, ending the superfluous inclusion of such information in identification documents.
* The Right to Bodily and Mental Integrity: Principle 32 recognizes a right to bodily and mental integrity, autonomy and self-determination, including a freedom from torture and ill-treatment. It calls for no-one to be subjected to invasive or irreversible medical procedures to modify sex characteristics without their consent unless necessary to prevent urgent and serious harm.
* The Right to Freedom from Criminalization and Sanction: Principle 33 recognizes a right to freedom from indirect or direct criminalization or sanction, including in customary, religious, public decency, vagrancy, sodomy and propaganda laws.
* The Right to Protection from Poverty: Principle 34 calls for the right to protection from poverty and social exclusion.
* The Right to Sanitation: Principle 35 calls on a right to safe and equitable access to sanitation and hygiene facilities.
* The Right to the Enjoyment of Human Rights in Relation to Information and Communication Technologies: Principle 36 calls for the same protection of rights online as offline.
* The Right to Truth: Principle 37 calls for the right to know the truth about human rights violations, including investigation and reparation unlimited by statutes of limitations, and including access to medical records.
* The Right to Practise, Protect, Preserve and Revive Cultural Diversity: Principle 38 calls on the right to practise and manifest cultural diversity.
* Additional State Obligations: the YP Plus 10 set out a range of additional obligations for States, including in relation to HIV status, access to sport, combating discrimination in prenatal selection and genetic modification technologies, detention and asylum, education, the
right to health
The right to health is the economic, social and cultural economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international a ...
, and freedom of peaceful assembly and association.
* Additional Recommendations: the Principles also set out recommendations for
national human rights institutions and sporting organizations.
History
The website promoting the Principles notes that concerns have been voiced about a trend of people's human rights being violated because of their sexual orientation or gender identity. While the United Nations
human rights instruments detail obligations to ensure that people are protected from
discrimination
Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...
and
stereotypes, which includes people's expression of sexual orientation or gender identity, implementation of these rights has been fragmented and inconsistent internationally. The Principles aim to provide a consistent understanding about application of international human rights law in relation to sexual orientation and gender identity.
[
The Yogyakarta Principles were developed at a meeting of the International Commission of Jurists, the International Service for Human Rights and human rights experts from around the world at Gadjah Mada University on ]Java
Java is one of the Greater Sunda Islands in Indonesia. It is bordered by the Indian Ocean to the south and the Java Sea (a part of Pacific Ocean) to the north. With a population of 156.9 million people (including Madura) in mid 2024, proje ...
from 6 to 9 November 2006. The seminar clarified the nature, scope and implementation of states' human rights obligations under existing human rights treaties and law, in relation to sexual orientation and gender identity. The principles that developed out of this meeting were adopted by human rights experts from around the world, and included judges, academics, a former UN High Commissioner for Human Rights, NGOs and others.[ The Irish human rights expert Michael O'Flaherty was rapporteur responsible for drafting and development of the Yogyakarta Principles adopted at the meeting.][ Vitit Muntarbhorn and Sonia Onufer Corrêa were the co-chairpersons.]
The concluding document "contains 29 principles adopted unanimously by the experts, along with recommendations to governments, regional intergovernmental institutions, civil society, and the UN itself". The principles are named after Yogyakarta
Yogyakarta is the capital city of the Special Region of Yogyakarta in Indonesia, in the south-central part of the island of Java. As the only Indonesian royal city still ruled by Hamengkubuwono, a monarchy, Yogyakarta is regarded as an importan ...
, the city where the conference was held. These principles have not been adopted by States in a treaty
A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
, and are thus not by themselves a legally binding part of international human rights law. However the Principles are intended to serve as an interpretive aid to the human rights treaties.
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. The signatories intended that the Yogyakarta Principles should be adopted as a universal standard, affirming binding international legal standard with which all States must comply[Introduction to The Yogyakarta Principles] but some states have expressed reservations.[United Nations General Assembly, Official Records, Third Committee]
Summary record of the 29th meeting held in New York, on Monday, 25 October 2010, at 3 p.m
, para. 9.
In alignment with the movement towards establishing basic human rights for all people, the Yogyakarta Principles specifically address sexual orientation
Sexual orientation is an enduring personal pattern of romantic attraction or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. Patterns ar ...
and gender identity
Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent and consistent with the in ...
. The Principles were developed in response to patterns of abuse reported from around the world. These included examples of sexual assault and rape, torture and ill-treatment, extrajudicial executions, honour killing, invasion of privacy, arbitrary arrest and imprisonment, medical abuse, denial of free speech and assembly and discrimination, prejudice and stigmatization in work, health, education, housing, family law, access to justice and immigration. These are estimated to affect millions of people who are, or have been, targeted on the basis of perceived or actual sexual orientation or gender identity.
Launch
The finalised Yogyakarta Principles was launched as a global charter on 26 March 2007 at a public event in Geneva
Geneva ( , ; ) ; ; . is the List of cities in Switzerland, second-most populous city in Switzerland and the most populous in French-speaking Romandy. Situated in the southwest of the country, where the Rhône exits Lake Geneva, it is the ca ...
, timed to coincide with the main session of the United Nations Human Rights Council
The United Nations Human Rights Council (UNHRC) is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a United Nations Regional Gro ...
. 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. We have human rights because we exist – not because we are gay or straight and irrespective of our gender identities", but that in many situations these human rights are not respected or realised, and that "the Yogyakarta Principles is to redress that situation".
The Yogyakarta Principles were presented at a United Nations event in New York City
New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
on 7 November 2007, co-sponsored by Argentina
Argentina, officially the Argentine Republic, is a country in the southern half of South America. It covers an area of , making it the List of South American countries by area, second-largest country in South America after Brazil, the fourt ...
, Brazil
Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
and Uruguay
Uruguay, officially the Oriental Republic of Uruguay, is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast, while bordering the Río de la Plata to the south and the A ...
. Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...
explain that the first step towards this would be the de-criminalisation of homosexuality in 77 countries that still carry legal penalties for people in same-sex relationships, and repeal of the death penalty in the seven countries that still have the death penalty for such sexual practice.[
]
Yogyakarta Principles plus 10
On 10 November 2017, the "Yogyakarta Principles plus 10" (The YP +10) to the supplement the Principles, formally as "Additional Principles and State Obligation on the Application of International Human Rights Law in Relation to Sexual Orientation, Gender Expression and Sex Characteristics to Complement the Yogyakarta Principles", emerged from the intersection of the developments in international human rights law with the emerging understanding of violations suffered by person on ground of sexual orientation and gender identity and the recognition of the district and intersectional grounds of gender expression and sex characteristics.
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.
Reasoning
The compilers explain that the Principles detail how international human rights law
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, ag ...
can be applied to sexual orientation and gender identity issues, in a way that affirms international law and to which all states can be bound. They maintain that wherever people are recognised as being born free and equal in dignity and rights, this should include LGBT people. They argue that human rights standards can be interpreted in terms of sexual orientation and gender identity when they touch on issues of torture and violence, extrajudicial execution, access to justice, privacy, freedom from discrimination, freedom of expression and assembly, access to employment, health-care, education, and immigration and refugee issues. The Principles aim to explain that States are obliged to ensure equal access to human rights, and each principle recommends how to achieve this, highlighting international agencies' responsibilities to promote and maintain human rights.[
The Principles are based on the recognition of the right to non-discrimination. The Committee on Economic, Social and Cultural Rights (CESCR) has dealt with these matters in its General Comments, the interpretative texts it issues to explicate the full meaning of the provisions of the International Covenant on Economic, Social and Cultural Rights. In General Comments Nos. 18 of 2005 (on the ]right to work
The right to work is the concept that people have a human right to work, or to engage in productive employment, and should not be prevented from doing so. The right to work, enshrined in the United Nations 1948 Universal Declaration of Human Ri ...
), 15 of 2002 (on the right to water) and 14 of 2000 (on the right to the highest attainable standard of health), it indicated that the Covenant proscribes any discrimination on the basis of, ''inter alia'', sex and sexual orientation "that has the intention or effect of nullifying or impairing the equal enjoyment or exercise of he right at issue.
The Committee on the Elimination of Discrimination against Women (CEDAW), notwithstanding that it has not addressed the matter in a General Comment or otherwise specified the applicable provisions of the , on a number of occasions has criticised states for discrimination on the basis of sexual orientation. For example, it addressed the situation of sexual minority women in Kyrgyzstan and recommended that, 'lesbianism be reconceptualised as a sexual orientation and that penalties for its practice be abolished'.
Reception
United Nations
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. In July 2010, Vernor Muñoz, United Nations Special Rapporteur on the Right to Education, presented to the United Nations General Assembly
The United Nations General Assembly (UNGA or GA; , AGNU or AG) is one of the six principal organs of the United Nations (UN), serving as its main deliberative, policymaking, and representative organ. Currently in its Seventy-ninth session of th ...
an interim report on the human right to comprehensive sexual education, in which he cited the Yogyakarta Principles as a Human Rights standard. In the ensuing discussion, the majority of General Assembly Third Committee members recommended against adopting the principles. The Representative of Malawi
Malawi, officially the Republic of Malawi, is a landlocked country in Southeastern Africa. It is bordered by Zambia to the west, Tanzania to the north and northeast, and Mozambique to the east, south, and southwest. Malawi spans over and ...
, 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. She expressed alarm at the reinterpretation of existing human rights instruments, principles and concepts. The report also selectively quoted general comments and country-specific recommendations made by treaty bodies and propagated controversial and unrecognized principles, including the so-called Yogyakarta Principles, to justify his personal opinion.
Trinidad and Tobago
Trinidad and Tobago, officially the Republic of Trinidad and Tobago, is the southernmost island country in the Caribbean, comprising the main islands of Trinidad and Tobago, along with several List of islands of Trinidad and Tobago, smaller i ...
, on behalf of the Caribbean States members of CARICOM, argued that the special rapporteur "had chosen to ignore his mandate, as laid down in Human Rights Council resolution 8/4, and to focus instead on the so-called 'human right to comprehensive education.' Such a right did not exist under any internationally agreed human rights instrument or law and his attempts to create one far exceeded his mandate and that of the Human Rights Council." The representative of Mauritania
Mauritania, officially the Islamic Republic of Mauritania, is a sovereign country in Maghreb, Northwest Africa. It is bordered by the Atlantic Ocean to the west, Western Sahara to Mauritania–Western Sahara border, the north and northwest, ...
, speaking on behalf of the Arab League
The Arab League (, ' ), officially the League of Arab States (, '), is a regional organization in the Arab world. The Arab League was formed in Cairo on 22 March 1945, initially with seven members: Kingdom of Egypt, Egypt, Kingdom of Iraq, ...
, said that the Arab States were "dismayed" and accused the rapporteur of attempting to promote "controversial doctrines that did not enjoy universal recognition" and to "redefine established concepts of sexual and reproductive health education, or of human rights more broadly". The Russian Federation
Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
expressed "its disappointment and fundamental disagreement with the report," writing of the rapporteur:
As justification for his conclusions, he cited numerous documents which had not been agreed to at the intergovernmental level, and which therefore could not be considered as authoritative expressions of the opinion of the international community. In particular, he referred to the Yogyarkarta Principles and also to the International Technical Guidance on Sexuality Education. Implementation of various provisions and recommendations of the latter document would result in criminal prosecution for such criminal offences as corrupting youth.
Regional institutions
The Council of Europe
The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...
states in "Human Rights and Gender Identity" that Principle 3 of the Yogyakarta Principles is "of particular relevance". 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." (V.5) Similarly, the Parliamentary Assembly of the Council of Europe adopted a document titled "Discrimination on the basis of sexual orientation and gender identity" on 23 March 2010,[Council of Europe Parliamentary Assembly, Discrimination on the basis of sexual orientation and gender identity, 23 March 2010](_blank)
describing the prejudice that "homosexuality is immoral" as a "subjective view usually based on religious dogma that, in a democratic society, cannot be a basis for limiting the rights of others." 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."
National institutions
However, the Principles have been cited by numerous national governments and court judgments. The principles influenced the proposed UN declaration on sexual orientation and gender identity in 2008.[French UN "Sexual Orientation" Push Linked to Radical Yogyakarta Principles, Piero A. Tozzi, Catholic Family and Human Rights Institute, 1st January 2009]
Human rights and LGBT-rights groups took up the principles, and discussion has featured in the gay press, as well as academic papers and text books (see bibliography).
Brazil
In a unanimous decision on May 5, 2011, the Brazilian Supreme Federal Court became the first supreme court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
in the world to recognize same-sex civil union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with ch ...
s as a family entity equal in rights to a heterosexual one, as certified by UNESCO
The United Nations Educational, Scientific and Cultural Organization (UNESCO ) is a List of specialized agencies of the United Nations, specialized agency of the United Nations (UN) with the aim of promoting world peace and International secur ...
, expressly citing the Yogyakarta Principles as a significant legal guideline:
India
The Supreme Court of India
The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
relied on the Yogyakarta Principles (200''7)'', when ruling in the case of ''NLSA v. Union of India (2014)'', which recognised the right to self-identify gender and recognized non-binary gender as "Third Gender
Third gender or third sex is an identity recognizing individuals categorized, either by themselves or by society, as neither a man nor a woman. Many gender systems around the world include three or more genders, deriving the concept either from ...
." The court held that Yogyakarta Principles must be recognised and followed as long as they are consistent with the fundamental rights enshrined in the Constitution of India
The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ...
.
The Constitutional Bench of the Supreme Court of India
The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
held that the Yogyakarta Principles (2007) conform to the constitutional view of fundamental rights, when decriminalizing homosexuality in the case of ''Navtej Singh Johar v. Union of India'' ''(2018)''. In his concurring opinion, Justice R.F. Nariman said,
Essentially, the Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
read the Yogyakarta Principles (2007) into the Fundamental Rights of the Indian Constitution.
Intersex people
The Yogyakarta Principles mention intersex people only briefly. In a manual on ''Promoting and Protecting Human Rights in relation to Sexual Orientation
Sexual orientation is an enduring personal pattern of romantic attraction or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. Patterns ar ...
, Gender Identity
Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent and consistent with the in ...
and Sex Characteristics'' the Asia Pacific Forum of National Human Rights Institutions (APF) states, "The Principles do not deal appropriately or adequately with the application of international human rights law in relation to intersex people. They do not specifically distinguish sex characteristics."
Those issues were addressed in the Yogyakarta Principles plus 10 update. Boris Dittrich of Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...
comments that the new update "protects intersex children from involuntary modification of their sex characteristics".
See also
* Brazilian resolution
* Compulsory sterilization
* Declaration of Montreal
* Gender role
A gender role, or sex role, is a social norm deemed appropriate or desirable for individuals based on their gender or sex.
Gender roles are usually centered on conceptions of masculinity and femininity. The specifics regarding these gendered ...
* International human rights law
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, ag ...
* Intersex human rights
* LGBT history
* LGBT people in prison – prison rape
Prison rape or jail rape is sexual assault of people while they are incarcerated. The phrase is commonly used to describe rape of inmates by other inmates. It is a significant, if controversial, part of what is studied under the wider concept ...
* LGBT rights at the United Nations
* LGBT rights by country or territory
* LGBT stereotypes
* LGBT topics in medicine
* Minority rights
* Reproductive rights
Reproductive rights are legal rights and freedoms relating to human reproduction, reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights:
Reproductive rights ...
* Right to sexuality
* Social exclusion
Social exclusion or social marginalisation is the social disadvantage and relegation to the fringe of society. It is a term that has been used widely in Europe and was first used in France in the late 20th century. In the EU context, the Euro ...
– social vulnerability
* Violence against LGBT people
* World Association for Sexual Health
The World Association for Sexual Health (WAS) is an international umbrella organization representing sexological societies and sexologists worldwide. Founded in 1978 in Rome, Italy, the WAS main goal is to promote sexual health for all through ...
References
Bibliography
The Yogyakarta Principles
Yogyakarta Principles plus 10
(Official site of UNHCR
The Office of the United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency mandated to aid and Humanitarian protection, protect refugees, Internally displaced person, forcibly displaced communities, and Statelessness, s ...
)
Yogyakarta Principles in Action
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* Dittrich, Boris, Yogyakarta Principles: applying existing human rights norms to sexual orientation and gender identity, HIV AIDS Policy Law Rev. 2008 Dec;13(2–3):92-3.
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* S. Farrior, Human Rights Advocacy on Gender Issues: Challenges and Opportunities, J Human Rights Practice, March 1, 2009; 1(1): 83–100.
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* Michael O'Flaherty and John Fisher, Sexual Orientation, Gender Identity and International Human Rights Law: Contextualising the Yogyakarta Principles, Human Rights Law Review 2008 8(2):207–248;
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External links
The Yogyakarta Principles
{{Authority control
Anti-discrimination law
History of human rights
LGBTQ rights
Intersex rights
Human rights instruments
Transgender law
2006 in international relations
2006 in Indonesia
2006 in LGBTQ history