Under the second cycle of the Universal Periodic Review (UPR) mechanism, the UN Human Rights Council Working Group on the UPR will be undertaking a review of Israel during its 15th session in January 2013.
During the 19th session of the Human Rights Council, a plenary Panel discussion was convened on discrimination and violence based on sexual orientation and gender identity – the first of its kind.
In a joint oral statement with Human Rights Watch and Amnesty International, the ICJ welcomed the study by the Office of the High Commissioner for Human Rights and addressed concerns about the serious mischaracterization of international human rights law by some delegations at the Human Rights Council.
oral statement-analysis brief-2012 (full text in English, PDF)
The ICJ is pleased with the decision of the Inter-American Court of Human Rights that parental sexual orientation is not a factor in child custody cases.
On 20 March the Inter-American Court of Human Rights ruled that parental sexual orientation is not a factor in child custody cases and that Chile had violated Karen Atala’s rights to equality, non-discrimination and privacy when the Supreme Court of Chile removed custody of her three daughters from her because she had begun a relationship with another woman.
In its first sexual orientation case, the Court held that sexual orientation is a protected ground, included under “other social condition” in Article 1 of the American Convention on Human Rights.
The Court further stated that the best interests of the child test could not be used as a pretext for prohibited discrimination in custody cases.
The Court also found that the Supreme Court of Chile’s reliance on stereotypes and prejudices was a violation of the State’s obligation to protect rights. Finally, the Court stated that the American Convention did not protect a specific form of traditional family and that states must recognize diverse family structures.
The International Commission of Jurists was called by the Inter-American Commission as an expert and submitted written and oral testimony on the role of parental sexual orientation as a factor in child custody cases.
Decision:
(http://www.corteidh.or.cr/docs/casos/articulos/seriec_239_esp.pdf)
(https://www.icj.org/dwn/database/Jernow%20Written%20Submission.pdf)
The ICJ today condemned the misrepresentation of international human rights law by some member States of the UN Human Rights Council.
The ICJ welcomes the first-ever UN Human Rights Council resolution on sexual orientation and gender identity.
The resolution, introduced by South Africa and Brasil with 39 additional co-sponsors, expresses concern about violence and discrimination based on sexual orientation and gender identity and calls for the Office of the High Commissioner on Human Rights to prepare a study to document discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, in all regions of the world, and how international human rights law can be used to end violence and related human rights violations based on sexual orientation and gender identity.
The study will be followed by a panel discussion at the Human Rights Council at its 19th Session. The ICJ congratulates South Africa and Brasil on this historic achievement.
HRC Resolution Sexual Orientation Gender Identity-web story-2011 (Full text, PDF)
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