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Report of the Working Group on Arbitrary Detention: “V. Regarding the Arbitrary Nature on the Ground of Discrimination – of Detention Motivated by Sexual Orientation”, E/CN.4/2003/8, December 16, 2002

68. Having received a communication concerning 55 persons prosecuted and detained on account of their homosexuality, the Working Group took the view that their detention was arbitrary because it violated articles 2, paragraph 1, and 26 of the International Covenant on Civil and Political Rights, which guarantee equality before the law and the right to equal legal protection against all forms of discrimination, including “sex”.

69. The Working Group based its opinion on that of the Committee on Human Rights, according to which the reference to “sex” in articles 2, paragraph 1, and 26 is to be taken as including sexual orientation (CCPR/C/50/D/488/1992, para. 8.7).

76. The Working Group considered in an Opinion issued in 2002 that articles 2, paragraph 1, and 26 of the International Covenant on Civil and Political Rights guaranteed that all persons are equal before the law and are entitled without discrimination to equal protection of the law. The Group took the view that the reference to “sex” should be considered as covering sexual orientation.[35]

link to the full text of the Report: http://www.unhchr.ch/Huridocda/Huridoca.nsf/(Symbol)/E.CN.4.2003.8.En

Footnotes    (↵ returns to text)

  1. Please note that the Working Group on arbitrary detention has also addressed this case in its Opinion No 7/2002 (Egypt), E/CN.4/2003/8/Add.1, January 24, 2003 and in its annual report of 2004, E/CN.4/2004/3, December 15, 2003. This case is also mentioned in the report of the Special Rapporteur on the question of torture and other cruel, inhuman or degrading treatment or punishment, E/CN.4/2002/76/Add.1, March 14, 2002, para. 507 and in the report of the Special Rapporteur  on the independence  of judges and lawyers, E/CN.4/2002/72,  February 11, 2003, para. 57.↵