Essay on Uprooting Discrimination: Governments Combatting Victimization of LGBT+ Individuals

Introduction

Recently, there has been an upsurge in cases of discrimination and victimization against individuals due to their sexuality or gender identity. Governments have increased efforts to address discrimination and victimization on the basis of gender identity or sexual orientation. Since 2010, numerous developments have taken place with states adopting or strengthening laws against hate crime and discrimination, increasing protection of individuals on the basis of gender identity or sexual preference, and adopting legal practices to support intersex individuals. To help eradicate sexual and gender-based discrimination and violence, several countries have lifted criminal sanctions on homosexuals, permitted civil unions or marriages of same-sex persons and instituted reforms recognizing transgender individuals legally for their gender identities. Numerous states have also taken steps to promote sexuality and gender sensitivity through anti-bullying programs that aim to bring awareness of these concerns. These advances, however, can often be overshadowed by increasing cases of human rights violations perpetrated with impunity against persons based on their sexuality and gender identity. Thus, this essay seeks to explore recent developments in fighting sexual and gender-based discrimination and victimization.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Save 25%

General Background

Since 2010, hundreds of persons have been killed or seriously injured in violent and brutal attacks, and multiple documented instances of human rights violations such as torture, detention, or the unlawful denial of assembly and expression rights. Others have reported being targeted with discriminatory treatment in healthcare facilities, educational institutions, housing and employment environments. All levels of government, national and regional human rights organizations, civil societies and UN human rights treaty bodies must come together to respond effectively to cases of discrimination and related abuses. United Nations bodies such as the Human Rights Council have repeatedly voiced their concern over discrimination and victimization towards individuals based on their sexual preferences and gender identities. Indeed, the Office of the High Commissioner (OHCHR) has taken an initiative to publish various guidance and information materials that aim to engage countries in constructive discourse regarding measures that will better safeguard intersex and LGBT individuals' rights. In July 2013, the Office of the High Commissioner (OHCHR) unveiled its global education campaign known as UN Free & Equal. Since its introduction, this global campaign has reached over one billion people via events, traditional media outlets and social platforms.

The rights of intersex and LGBT individuals have been a subject of intense focus of the various works being undertaken across the United Nations. In his address to the 'Human Rights, Sexual Orientation and Gender Identity' conference held in Oslo, the United Nation's Secretary-General noted that the fight against discrimination and victimization of individuals based on their sexual preferences and gender identity was "one of the great, neglected human rights challenges of our time." In his message, the Secretary-General further pledged to increase efforts to end criminalization and combat prejudice and violence. United Nations agencies have integrated sexual preference and gender identity issues into their programs to tackle discrimination and victimization, including in spheres of development, labor rights, child rights, education, gender equality, public health, and refugee protection.

In addition, issues regarding human rights, sexuality, and gender identity have been addressed at regional levels in Africa, America, and Europe. In the recent past, the African Commission on Human and People's Rights has resolved to condemn discrimination and violations of human rights on the ground of real or imputed gender identity and sexual preference. The Organization of American States has ratified the 'Convention against all forms of Discrimination and Intolerance', a resolution that addresses these concerns. Other regional institutions such as the Inter-American Court of Human Rights, the European Parliament, the Parliamentary Assembly of the Council of Europe, and the European Court of Human Rights have passed judgments and issued guidelines affirming the rights and freedoms of intersex and LGBT individuals as well as calling for equal treatment and legal protection of all persons regardless of their gender identity and sexual preference.

Relevant International Standards

Several international standards guide the application of human rights. The fundamental principles of applying human rights include equality, universality, and non-discrimination. Regardless of sexual preference and gender identity, the human rights law entitles all persons to various rights and freedoms. These entitlements include right to life, right to security and privacy, freedom from discrimination, torture, and ill-treatment, freedom from arbitrary arrest and unlawful detention, freedom of association, expression, and assembly, among others. Besides, the international standards of human rights law entitle individuals to all other rights such as social, cultural, economic, political, and civil rights. The international standards of application of human rights law require states to respect and protect the rights of all individuals within their jurisdiction irrespective of their sexual nature and gender identity. As such, states are obligated to safeguard and fulfill the rights and freedoms of intersex and LGBT persons within their boundaries. Additionally, in accordance with the international standards of equality, universality, and non-discrimination, all states are required to refrain from interfering with the enjoyment of human rights and prevent the abuse of these rights by third parties. Also, states are required to actively institute initiatives and policies to tackle the eminent barriers that hinder the enjoyment of human rights. Such barriers include discriminatory attitudes and actions toward intersex and LGBT persons.

The United Nations provides a mechanism that establishes the obligations that bind states to the application of human rights in accordance with applicable and relevant international standards. The following are the provisions of the UN human rights mechanism;

Protection from violence

States are obligated to apply due diligence so as to prevent the abuse of human rights and other acts of deprivation of life and violence towards all persons within their jurisdictions. Additionally, in cases of abuse of human rights, deprivation of life, and violence towards any person, the State has an obligation to investigate the matter, punish the offender and offer redress to the victim. Further, the United Nations mechanisms call upon countries to fulfil their mandate by instituting legislative and other relevant measures to hinder all acts of incitement and targeted violence towards intersex and LGBT persons. Also, in fulfilment of their obligation, states should provide an appropriate remedy to the victims and offer protection against any reprisals. The United Nations mechanisms seeks to ensure that any acts of incitement and targeted violence are publicly condemned so as to deter future reoccurrence. Besides publically condemning such actions, state officials are obligated to record such crimes, the results of investigations, the prosecutions, and the redress measures. Essentially, the application of any punitive penalties on the grounds of sexual preferences and gender identity is in complete violation of the fundamental state obligations to safeguard the rights and freedoms of all persons within their jurisdiction.

Protection from ill-treatment and torture

States are obligated to protect all persons from ill-treatment and torture irrespective of their sexuality and gender identity. Ill-treatment or punishment may refer to any cruel, degrading, and inhumane actions that may occur in medical, custodial, and other settings. The United Nations mechanism extends this obligation, calling on exercise control to prohibit, prevent, investigate, and provide redress to victims of ill-treatment and torture in all contexts. Besides, States are required to align their domestic criminal laws with applicable international standards to ensure that acts of ill-treatment and torture are classified as punishable offenses under local laws within their jurisdiction. According to the United Nations mechanisms and guidelines, the State negates its responsibility if public officials are directly involved or are complicit in committing, instigating, inciting, or encouraging acts of ill-treatment and torture on the grounds of a person's sexual preference and gender identity. Besides, the State is liable for acts of ill-treatment and torture if the public officials abscond their obligation of preventing, investigating, prosecuting, and punishing such acts.

Decriminalize homosexuality

States are required to safeguard the rights and freedoms of all persons irrespective of their sexuality and gender identity. As such, States are obligated to ensure that the right to privacy, security, and liberty of all persons are protected. In this regard, the United Nations mechanisms call upon States to exercise this obligation by putting in place measures such as repealing punitive laws that tend to punish and discriminate persons on the grounds of their sexual preference and gender identity. These repressive laws include ones that criminalize cross-dressing and homosexuality and thus discriminate against intersex and LGBT persons. In addition, the United Nations mechanisms and guidelines are opposed to any attempt by the State to justify such punitive and discriminatory laws on the guise of protecting public morals. The applicable international standards of equality, universality, and non-discrimination seeks to ensure that States refrain from arbitrarily arresting and detaining individuals on a discriminatory basis, including on the grounds of their sexuality and gender identity.

Protection from Discrimination

States have a fundamental obligation under international law to protect individuals from any form of discrimination. As such, States are required to ensure that all persons are subjected to equality before domestic and international statues. Besides, as a fundamental obligation, the State is required to ensure that all persons are entitled to freedom from any form of discrimination within their jurisdictions. Thus, to this extent, States are obligated to enact anti-discrimination laws that, among other provisions, regards the sexuality and gender identity of persons as protected grounds. Besides, States are required to address discrimination against intersex and LGBT persons by reviewing and repealing discriminatory laws that curtail the enjoyment of fundamental rights to education, health, housing, social security, and work. Also, in a bid to prevent any form of discrimination, the United Nations mechanism calls upon States to recognize the preferred gender of transgender persons without any abusive intrusions such as sterilization and forced medical requirements.