Jul 22, 2009 | News
The ICJ releases the electronic version of Practitioners’ Guide No. 4: Sexual Orientation, Gender Identity and International Human Rights Law.
Around the world, people of diverse sexual orientations and gender identities are singled out for abuse. In states with laws that criminalize same-sex sexual conduct, LGBT people are arrested, detained, tortured, and, in some cases, executed.
Even in states with no official penal sanctions, LGBT people are the target of violent hate crimes, harassment, and ostracism. They live in fear of losing their jobs, their housing, and their families, all because of how they live and whom they love.
For the past five years, ICJ has worked on promoting the applicability of human rights law to violations based on sexual orientation and gender identity. Together with the International Service for Human Rights, ICJ facilitated the development of the Yogyakarta Principles.
This document, drafted by a distinguished group of human rights experts, articulates the human rights principles that apply to sexual orientation and gender identity, and identifies the legal sources of States’ obligations to protect, promote and fulfil rights.
Drawing on the Yogyakarta Principles, the ICJ wrote the Practitioners’ Guide to provide judges, lawyers, and activists a detailed understanding of the legal foundations for the protection of people victimized on the basis of their sexual orientation or gender identity.
The Practitioners’ Guide offers a comprehensive review of the principles of non-discrimination, equality, and privacy. It then analyzes the scope and nature of the legal prohibition against some of the most severe violations – torture, deprivation of liberty, extrajudicial and arbitrary executions, and denial of the rights to freedom of expression, association, and assembly.
Through the Practitioners’ Guide, the ICJ hopes to increase awareness of human rights principles that protect people of all sexual orientations and gender identities, as well as to encourage legal advocacy.
For the text of this Practitioners guide, see Sexual orientation, gender identity and international human rights law – Practitioners’ guide, no. 4
Nov 6, 2006 | Advocacy, Non-legal submissions
The submission was co-authored by Global Rights, the International Gay and Lesbian Human Rights Commission ( IGLHRC), the ICJ, Mullabi – Espacio Latinamericano de Sexualidades y Derechos and others.
The authors suggest that in the text, the words “gender identity and expression” are added after the word “gender”.
The text of the submission is available in both Spanish and English and it is the last contribution in this document.
Americas-OAS Convention against Racism-non-judicial submission-2006
Sep 20, 2006 | Advocacy, Legal submissions
The ICJ is submitting the following contribution to an Amicus Curiae brief of the Equal Opportunities Commission (EOC) in the case of Secretary for Justice v William Roy Leung – CACV 317/2005.
Sep 20, 2006 | News
The ICJ welcomes today’s decision of the Hong Kong Court of Appeal in the case of William Roy Leung vs Secretary for Justice.
The Hong Kong Court of Appeal upheld the decision of a lower court that a provision of the Hong Kong Crimes Ordinance (section 118C) was discriminatory based on sexual orientation, as it prohibits consensual male homosexual sex until both parties are above 21 years old. The Court also affirmed that this provision constitutes an arbitrary interference on the right to privacy.
“The decision is a vindication of the right to equality before the law and non discrimination and is consistent with Hong Kong’s obligations under the International Covenant of Civil and Political Rights, ” said Philip Dayle, Legal Officer at the ICJ.
The Crimes Ordinance criminalizes parties to consensual male homosexual sex even if both participants are over 16 years of age, but one party is under the age of 21. Consensual sex between heterosexual persons who are above the age of 16 is not similarly outlawed. The Court reasoned that, “…section 118C of the Crimes Ordinance significantly affects homosexual men in an adverse way compared with heterosexuals.”
The ICJ offered an exposition of the international human rights and comparative public law analysis in relation to sexual orientation in this matter. This intervention was incorporated in the amicus brief of the Equal Opportunities Commission of Hong Kong and was presented to the court.
Both the decision of the court of appeal and the ICJ arguments in this matter are available on the ICJ website
Hong Kong-Roy court appeal-Press releases-2006 (full text, PDF)
Aug 15, 2006 | News, Non-legal submissions
The ICJ today welcomed the consideration of a bill by the Philippines’ Senate that would prohibit discrimination on the basis of sexual orientation and gender identity.
