U.S. Department of Justice

Born Free and Equal: Sexual Orientation and Gender Identity in International Human Rights Law

Publication year: 2012 | Cataloged on: Sep. 20, 2012

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  • Born Free and Equal: Sexual Orientation and Gender Identity in International Human Rights Law

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Thumbnail preview ANNOTATION: “The purpose of this booklet is to set out the core obligations that States have towards LGBT [lesbian, gay, bisexual, and transgender] persons, and describe how United Nations mechanisms have applied international law in this context. For the past eighteen years, United Nations human rights treaty bodies and special procedures have documented violations of the human rights of LGBT people and analysed State compliance with international human rights law. They have accumulated a body of evidence that shows how individuals are targeted on the basis of their sexual orientation or gender identity, and have issued specific guidance to States. The sections that follow summarize their findings and advice to help States take the necessary steps to meet their fundamental human rights obligations. The booklet is also intended to assist human rights defenders and rights-holders generally to call States to account for breaches of international human rights law” (p. 10). The five legal obligations needed to ensure the human rights of LGBT people are explained. These are: protect individuals from homophobic and transphobic violence; prevent torture and cruel, inhuman, and degrading treatment of LGBT persons; decriminalize homosexuality; prohibit discrimination based on sexual orientation and gender identity; and respect freedom of expression, association, and peaceful assembly.
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