Advancing Gender Identity & Expression Rights Internationally

1. Making the UN work for you:Advancing human rights related to gender identity & expression internationally www.arc-international.net

2. “First they ignore you, then they laugh at you, then they fight you, then you win.” - Mohandas (Mahatma) Gandhi

3. Some relevant Special Procedures: violence against women racism torture extrajudicial executions (unlawful killings) arbitrary detention health housing education freedom of expression human rights defenders

4. International Women’s Decade: 1975-1985 1975: first UN World Conference on Women, Mexico City “What are the lesbians doing here? What can they ask for? Do they want now to inscribe their pathologic irregularity in the Charter of Human Rights? Are they claiming the pathetic ‘right’ to boast about their sexual aberration? This unawareness of their illness just proves how severe these clinical cases are ... They have discredited this Conference and distorted the true purposes of women’s emancipation.” - article in Excelsior, the largest circulation newspaper in Mexico

5. International Women’s Decade: 1975-1985 1975: first UN World Conference on Women, Mexico City “What are the lesbians doing here? What can they ask for? Do they want now to inscribe their pathologic irregularity in the Charter of Human Rights? Are they claiming the pathetic ‘right’ to boast about their sexual aberration? This unawareness of their illness just proves how severe these clinical cases are ... They have discredited this Conference and distorted the true purposes of women’s emancipation.” - article in Excelsior, the largest circulation newspaper in Mexico

6. 1980 mid-decade Women’s Conference, Copenhagen Six lesbian workshops as part of the NGO Forum. 1985 end-of-decade Women’s Conference, Nairobi NGO Forum workshops on lesbians in relationship to employment, health, racism, education and international lesbian networking ; produced a “Third World lesbian statement” challenged the notion that this was a “white, western” issue; statement of support for lesbian rights by the Dutch government delegation - marking the first mention of lesbians, and of sexual orientation issues, in a United Nations governmental forum.

7. World Conference on Human Rights, Vienna (1993) accreditation of three LGBT NGOs; six statements made by LGBT activists in the plenary; five States made positive interventions on sexual orientation issues; Canada proposed adding "sexual orientation" to the listed grounds of discrimination in the draft conference Declaration. International Conference on Population and Development, Cairo (1994) The ICPD brought the issue of sexuality clearly onto the agenda in the context of women’s reproductive health. The Cairo Declaration and Programme of Action refers to “sexual health”, including the ability to have a satisfying and safe sex life, as an integral part of reproductive health.

8. Beijing: 4th World Conference on Women (1995) eleven explicitly lesbian or gay organisations accredited to the Conference ; activists set up a lesbian tent at the NGO Forum ; standing-room only workshop titled “Lesbianism for the Curious”; organisation of a lesbian march ; statement to the Main Committee plenary ; two lesbian activists detained for unfurling a banner in the plenary room : “Lesbian Rights are Human Rights”; Although four references to sexual orientation in the draft Beijing Platform for Action were ultimately dropped, the document affirmed the right of women “to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence”.

9. Tools for Advancing Trans Rights Internationally : • UN Joint Statement/Resolution • UN Special Procedures • Universal Periodic Review (UPR) • Treaty Bodies • Yogyakarta Principles

10. Towards a UN SOGI resolution: 2000-2010: Extrajudicial executions resolution condemns killings based on sexual orientation 2003-2004: Brazilian resolution on sexual orientation & human rights, Commission on Human Rights, withdrawn 2005: Joint statement on sexual orientation and human rights, Commission on Human Rights, delivered by New Zealand on behalf of 32 States 2006: Joint statement on sexual orientation, genderidentityand human rights, Human Rights Council, delivered by Norway on behalf of 54 States 2008: Joint statement on sexual orientation, gender identity and human rights, UN General Assembly, delivered by Argentina on behalf of 67 States 2008-2015: Resolutions on sexual orientation, gender identity and human rights, Organisation of American States (OAS), Adopted by consensus March, 2011: Joint statement on sexual orientation, gender identity and human rights, Human Rights Council, delivered by Colombia on behalf of 85 States June, 2011: Adoption of first ever UN resolution on human rights, sexual orientation & gender identity, Human Rights Council, presented by South Africa Nov, 2012: Inclusion of “Gender Identity” for first time in General Assembly resolution on extrajudicial executions, presented by Sweden

11. South African resolution at the UN (June 2011):

14. High Commissioner’s report (Dec 2011): Gender recognition and related issues 71. In many countries, transgender persons are unable to obtain legal recognition of their preferred gender, including a change in recorded sex and first name on State-issued identity documents. As a result, they encounter many practical difficulties, including when applying for employment, housing, bank credit or State benefits, or when travelling abroad. 72. Regulations in countries that recognize changes in gender often require, implicitly or explicitly, that applicants undergo sterilization surgery as a condition of recognition. Some States also require that those seeking legal recognition of a change in gender be unmarried, implying mandatory divorce in cases where the individual is married. 73. The Human Rights Committee has expressed concern regarding lack of arrangements for granting legal recognition of transgender people’s identities. It has urged States to recognize the right of transgender persons to change their gender by permitting the issuance of new birth certificates and has noted with approval legislation facilitating legal recognition of a change of gender.

15. SOGI resolution at the HRC (Sep 2014):

19. High Commissioner’s report to HRC (June 2015):

21. What are the UN Special Procedures ? • independent experts • tasked to monitor and report on human rights violations • receive urgent appeals, communicate concerns to States, seek their response • report to UN Human Rights Council and General Assembly • can also raise awareness through public statements, country visits, participation in panels and expert seminars (eg Yogyakarta Principles)

22. Working Group on People of African Descent Working Group on Arbitrary Detention Special Rapporteur on cultural rights Special Rapporteur on rights of persons with disabilities Working Group on Enforced or Involuntary Disappearances Special Rapporteur on the right to education Special Rapporteur on extrajudicial, summary or arbitrary executions Special Rapporteur on freedom of expression Special Rapporteur on the rights to freedom of peaceful assembly and association Special Rapporteur on the right to health Special Rapporteur on the right to adequate housing Special Rapporteur on human rights defenders Independent Expert on the rights of older persons Special Rapporteur on the right to privacy Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Special Rapporteur on violence against women, its causes and consequences Working Group on discrimination against women, in law and in practice

23. Some Relevant Special Procedures: Special Rapporteur on extrajudicial, summary or arbitrary executions: During the past 18 months, 31 transgender persons have been murdered in one country alone. On December 22, 2010, a 23 year old transgender person was reportedly found dead in a ditch. Her body was beaten and burned. Blows to her face caused by stoning have been so severe that her remains had been virtually unrecognizable. There were also indications that she had been raped. That same day, another transgender person was found at her home. Her body had been incinerated and showed numerous stab wounds.   On January 2, 2011, another young transgender person had been found murdered in the main street of her town. According to information received, her body had stab wounds in the chest. Special Rapporteur on Torture Metis in Nepal were beaten by police with batons, gun butts and sticks, burnt with cigarettes and forced to perform oral sex. Special Rapporteur on the human right to safe drinking water and sanitation “The use of public bathrooms, which are often sex- segregated, has been associated with exclusion, denial of access, verbal harassment, physical abuse and sometimes even the arrest of transgender and intersex individuals.“

24. Excerpts from Special Procedures reports: Extrajudicial, summary or arbitrary executions: During the past 18 months, 31 lesbian, gay, bisexual and transgender persons have been murdered in one country alone. On December 22, 2010, a 23 year old transgender person was reportedly found dead in a ditch. Her body was beaten and burned. Blows to her face caused by stoning have been so severe that her remains had been virtually unrecognizable. There were also indications that she had been raped. That same day, another transgender person was found at her home. Her body had been incinerated and showed numerous stab wounds.   On January 2, 2011, another young transgender person had been found murdered in the main street of her town. According to information received, her body had stab wounds in the chest. Death threats: LGBT activists had received numerous death threats in connection with their work, and especially following the publication of an article entitled “Hang them” in Rolling Stone, a local newspaper. The article provided names, addresses and photos of members and perceived members of the LGBT community, including on the front cover. Torture Metis (people born as men who identify as women) in Nepal were beaten by police with batons, gun butts and sticks, burnt with cigarettes and forced to perform oral sex.

25. Special Rapporteur on Torture: 77. Children who are born with atypical sex characteristics are often subject to irreversible sex assignment, involuntary sterilization, involuntary genital normalizing surgery, performed without their informed consent, or that of their parents, “in an attempt to fix their sex”, leaving them with permanent, irreversible infertility and causing severe mental suffering. 78. In many countries transgender persons are required to undergo often unwanted sterilization surgeries as a prerequisite to enjoy legal recognition of their preferred gender. In Europe, 29 States require sterilization procedures to recognize the legal gender of transgender persons. In 11 States where there is no legislation regulating legal recognition of gender, enforced sterilization is still practised … Some domestic courts have found that not only does enforced surgery result in permanent sterility and irreversible changes to the body, and interfere in family and reproductive life, it also amounts to a severe and irreversible intrusion into a person’s physical integrity. In 2009, the former Commissioner for Human Rights of the Council of Europe observed that “[the involuntary sterilization] requirements clearly run counter to the respect for the physical integrity of the person”. The mandate has noted that “members of sexual minorities are disproportionately subjected to torture and other forms of ill-treatment because they fail to conform to socially constructed gender expectations.

27. To contact Special Procedures: urgent-action@ohchr.org www.ohchr.org/SP/HRBodies/Pages/HumanRightsBodies.aspx

28. Treaty Bodies • General Comments • Individual Complaints • Conclusions and Recommendations • Shadow Reports

29. UN Treaties & Treaty-monitoring bodies:

30. UN Committee on the Elimination of Discrimination against Women: General Recommendation on Non-Discrimination 18.Intersectionality is a basic concept for understanding the scope of the general obligations of States parties contained in article 2. The discrimination of women based on sex and gender is inextricably linked with other factors that affect women, such as race, ethnicity, religion or belief , health, status, age, class, caste, and sexual orientation and gender identity.

31. UN Human Rights Committee Review of Turkey (2012) • The Committee is concerned about the discrimination and alleged acts of violence against people on the basis of their gender identity and sexual orientation, and about the social stigmatization and social exclusion of LGBT persons in terms of their access to health services, education, or to their treatment in the context of the regulations concerning compulsory military service and while serving in the military. • While acknowledging the diversity of morality and cultures internationally, the Committee recalls that all cultures are always subject to the principles of universality of human rights and non-discrimination. The State party should therefore state clearly and officially that it does not tolerate any form of social stigmatization of homosexuality, bisexuality or transsexuality, or harassment of or discrimination or violence against persons because of their sexual orientation or gender identity. It should ensure the investigation, prosecution and punishment of any act of discrimination or violence motivated by the victim’s sexual orientation or gender identity.

32. UN Human Rights Committee Review of the Philippines (2012) • The Committee noted “overwhelming” evidence about homophobic and transphobic attitudes within the military and police. One Committee member asked, “What are you doing to combat these prejudices in society which constitute de facto impediments to the full enjoyment of the rights of the LGBT community – the full enjoyment of their right to their full identity?” • The Committee noted with concern that the decriminalization of all vagrancy with the exception of vagrancy involving prostitution has the effect of “singling out sex workers.”

33. What is the UPR ? • Review of human rights situation in each country • Universal: all 193 UN Member States get reviewed • Periodic: each State is reviewed on a repeating 4-year cycle

34. Advocacy cycle

35. Threereports are submitted: the State’s National Report a compilation of UN Information a compilation of NGO information

36. up to 5 pages • concrete recommendations to improve human rights situation • e-mailed to: uprsubmissions@ohchr.org NGO reports:

37. The State is reviewed over a 3.5-hour period • Based on the three reports, other countries make recommendations • The State must indicate which recommendations it accepts before the final report is adopted. Working Group review :

38. UPR - Examples of trans recommendations : Costa Rica accepted a recommendation from Spain to : “facilitate documentation for transsexual people in line with their identity and to guarantee access to public services without discrimination” Germany accepted a recommendation from New Zealand to “modify promptly the law on transexuality to facilitate registration of a change of gender on official documents, without requiring transsexuals to divorce, in line with the decision of the Constitutional Court” Greece accepted a recommendation from Spain to “Incorporate in the legislation the combat against discrimination based on gender identity or expression”

39. Yogyakarta Principles:www.yogyakartaprinciples.orgwww.ypinaction.org

41. UN Special Rapporteur on Education “Sexual education is a basic tool for ending discrimination against persons of diverse sexual orientations. A very important contribution to thinking in this area was made by the Yogyakarta Principles on the application of international human rights law in relation to sexual orientation and gender identity. The Special Rapporteur fully endorses the precepts of Principle 16, referring specifically to the right to education.”

42. “The Yogyakarta Principles reflect binding international legal standards with regard to sexual orientation which are derived from key human rights instruments.” - 2008 Guidance on Refugee policy

43. “A distinguished group of human rights experts has drafted, developed, discussed and reformed the principles in a meeting held at Gadjah Mada University in Yogyakarta, Indonesia from 6 to 9 November, 2006, which is unanimously adopted the Yogyakarta Principles on the application of International Human Rights Law in relation to Sexual Orientation and Gender Identity. The Yogyakarta Principles address a broad range of human rights standards and their application to issues of sexual orientation gender identity. Principle 3 of the Yogyakarta Principles: THE RIGHT TO RECOGNITION BEFORE THE LAW Everyone has the right to recognition everywhere as a person before the law. Persons of diverse sexual orientations and gender identities shall enjoy legal capacity in all aspects of life. Each person’s self-defined sexual orientation and gender identity is integral to their personality and is one of the most basic aspects of self-determination, dignity and freedom.” IN THE SUPREME COURT OF INDIA J U D G M E N T – April 15, 2014, K.S. Radhakrishnan, J.

44. “States shall: B. Take all necessary legislative, administrative and other measures to fully respect and legally recognise each person’s self-defined gender identity; C. Take all necessary legislative, administrative and other measures to ensure that procedures exist whereby all State-issued identity papers which indicate a person’s gender/sex — including birth certificates, passports, electoral records and other documents — reflect the person’s profound self-defined gender identity; D. Ensure that such procedures are efficient, fair and non-discriminatory, and respect the dignity and privacy of the person concerned; F. Undertake targeted programmes to provide social support for all persons experiencing gender transitioning or reassignment.” IN THE SUPREME COURT OF INDIA

45. Yogyakarta Principles:The story continues …

46. Former UN High Commissioner for Human Rights “Our message is loud and clear: trans and gender-variant people are entitled to no more and no less than the same rights as everyone else. We will never accept any form of violence or discrimination based on people’s gender identity or gender expression … Those who are transgender, transsexual or intersex are full and equal members of the human family, and are entitled to be treated as such.”

47. UN Secretary-GeneralBan Ki-moon “Human Rights Day commemorates the Universal Declaration of Human Rights.  It is not called the ‘partial’ declaration of human rights.  It is not the ‘sometimes’ declaration of human rights.  It is the Universal Declaration, guaranteeing all human beings their basic human rights, without exception. When our fellow humans are persecuted because of their sexual orientation or gender identity, we must speak out. Human rights are human rights everywhere, for everyone.”

48. arc@arc-international.net www.arc-international.net