Jul 2, 2014 | Advocacy, Position papers
The ICJ and other NGOs have issued a joint statement urging the UN Human Rights Council to ensure that a discussion of “protection of the family” in September will reflect diversity and focus on human rights.
The ICJ is concerned, due to the way the resolution to establish the Panel discussion has been pursued, that some States will seek to exploit it as a vehicle for promoting a narrow, exclusionary and patriarchal concept of “the family” that denies equal protection to the human rights of individuals who belong to the various and diverse forms of family that exist across the globe.
Previous UN resolutions on the family include language, agreed by all States, that recognized that “various forms of the family exist”. The authors of the resolution deliberately omitted this language, despite this issue being consistently raised by other States throughout the negotiations.
A wholly inappropriate procedural tactic was used by some states to block discussion of a proposed amendment that would have restored the “various forms” language.
Efforts to ensure that the resolution clearly acknowledged and addressed the fact that the family is also a setting in which human rights abuses sometimes take place were partially successful.
The Panel topic will be “on the protection of the family and its members to address the implementation of States’ obligations under relevant provisions of international human rights law and to discuss challenges and best practices in this regard” (emphasis added).
The resolution reaffirms “that States have the primary responsibility to promote and protect the human rights and fundamental freedoms of all human beings, including women, children and older persons”. Unfortunately, however, the text of the resolution still does not give enough emphasis to this important aspect.
The organizations affirm that they will continue to insist on recognition that various forms of the family exist, and that individuals should not be discriminated against as a result of the form of family to which they happen to belong.
States should not fail to promote and protect the rights of persons because they belong to particular forms of family.
The organizations will continue to insist that the promotion and protection of the human rights of individuals within all families must be of the paramount importance to the UN Human Rights Council.
The joint statement may be downloaded in PDF here: HRC26-Joint statement family resolution-Advocacy-Position paper-2014
Jun 27, 2014 | Advocacy, Non-legal submissions
The ICJ and other civil society organizations highlighted progress in relation to accountability in the field of business and human rights, together with some continuing concerns, and unacceptable procedural tactics including in relation to a resolution on “protection of the family”.
Jun 27, 2014 | Agendas, Events
The ICJ is today holding an expert roundtable on asylum claims based on sexual orientation, gender identity or expression.
Participants include asylum judges and lawyers; officials from national refugee status determination authorities, the Office of the UN High Commissioner for Refugees and the Office of the UN High Commissioner for Human Rights; asylum academics; and staff members from other NGOs, including the Organization for Refuge, Asylum & Migration (ORAM), the Human Dignity Trust (HDT), the Advice on Individual Rights in Europe (AIRE) Centre and the Belgian Refugee Council.
At the roundtable, taking place in Brussels, participants will discuss: the legal challenges and responses in the context of asylum claims based on sexual orientation, gender identity or expression and refugee law; reflections on the UNHCR’s Guidelines on International Protection No. 9: Claims to refugee status based on Sexual Orientation and/or Gender Identity; the concept of persecution and assessment of evidence in the context of those claims; and the relevance of European human rights law to asylum claims based on sexual orientation, gender identity or expression.
The programme of the expert roundtable can be downloaded here.
This roundtable forms part of a broader project of the ICJ on international protection claims based on sexual orientation, gender identity or expression. The ICJ’s commentary on the related CJEU judgment in X, Y and Z v The Netherlands can be downloaded here.
Jun 26, 2014 | Advocacy, Cases, Legal submissions, News
The ICJ expresses its disappointment today at the judgment of the European Court of Human Rights in the case of M.E. v. Sweden (Application No. 71398/12).
Jun 11, 2014 | Advocacy, Non-legal submissions
The ICJ, together with the International Lesbian and Gay Association (ILGA) and on behalf of ARC International, today delivered an oral statement to the Human Rights Council during an interactive dialogue with the UN Special Rapporteur on peaceful assembly and association.
The report of the Special Rapporteur addressed challenges faced by groups at risk, including lesbian, gay, bisexual, transgender and intersex persons.
The statement welcomed the report by the Special Rapporteur.
It referred to the Nigerian Same Sex Marriage (Prohibition) Act (which in fact criminalizes a much broader range of human rights-protected activities than its title would necessarily suggest), Uganda’s Anti-Homosexuality Act, and Ukraine’s draft law on “propaganda of homosexual relations”. All of these laws impede freedom of peaceful assembly of LGBTI persons. The Nigerian law also interferes with freedom of association, as it bans registration, funding and activities of “gay” organizations.
It also referred to Russia’s ban on “propaganda of non-traditional sexual relations”.
It emphasised the detrimental impact of such laws on the work of LGBTI human rights defenders and the activities of health care providers. It stressed that laws directly targeting the freedom of peaceful assembly or association of LGBTI individuals solely because of their sexual orientation or gender identity are inconsistent with international human rights law.
UN-HRC26-AssociationLGBTI-OralStatement-advocay-non legal submission-2014 (full text in pdf)
The report of the Special Rapporteur is available here.
