“All human beings are born free and equal in dignity and rights.” This affirmation in the Universal Declaration of Human Rights is the cornerstone of international human rights law, and at the heart of the mission of the United Nations.
Simply put, human rights are for everyone, without exception: lesbian, gay, bisexual, trans and intersex (LGBTI) people are just as entitled to protection, respect and fulfilment of their human rights as everyone else, including protection from discrimination, violence and torture.
Despite these universal standards, for more than twenty-five years the United Nations, and regional and national human rights bodies, have documented widespread violations and abuses targeting LGBTI people in all regions of the world. Such instances include brutal beatings, sexual violence and killings, incitement to hatred, criminalization, arbitrary detention and imprisonment, abuses in detention and medical settings, widespread stigma, harassment, bullying and discrimination at work and at home, as well as in education, health, housing, and accessing public services.
These horrific human rights violations must end. All United Nations Member States have committed to upholding universal human rights standards, including through ratifying legally binding treaties. The United Nations Human Rights Council has expressed concern over violence and discrimination based on sexual orientation and gender identity multiple times and in 2016 appointed an Independent Expert to investigate and report on the issue. A sizeable majority of Member States have also made specific commitments to combat violence and discrimination against LGBTI people as part of the Universal Periodic Review.
Recent years have seen uneven progress – advances for lesbian, gay and bisexual persons in a growing number of countries, more limited progress on the rights of trans people, increased awareness but few concrete measures to protect the rights of intersex people. In some countries there have been worrying setbacks, including increases in hate speech, expanded discriminatory legislation, and an expansion of arbitrary arrests, violence and discrimination.
The first edition of this publication was issued in 2012, at a time of growing awareness across the United Nations and among its Member States of human rights violations against LGBT persons. This revised and updated edition takes into account developments since 2012, including decisions by the United Nations, and regional and national human rights bodies. It sets out the source and scope of the legal obligations of Member States in respect of the rights of LGBTI people, with reference to international human rights standards and guidance issued by authoritative bodies. It also integrates, for the first time, recommendations in respect of the rights of intersex persons.
I am confident that this revised edition will assist States, as well as national human rights institutions, civil society organizations and other stakeholders in joining forces to end violence and discrimination based on sexual orientation, gender identity and sex characteristics.
Michelle Bachelet United Nations High Commissioner for Human Rights
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