LGBTI rights | UN experts push for better protection across a range of topics

This analysis stems from an update of a series of factsheets prepared by ILGA World and ISHR, which list the references and recommendations made regarding LGBTIacronym for lesbian, gay, bisexual, trans and intersex people. Although this is not the acronym available to describe people of diverse sexual orientations, gender identities and expressions, and sex characteristics, it is the most commonly used in United Nations spaces and advocacy. More persons and SOGIESCabbreviation standing for sexual orientation and gender identity & expression, and sex characteristics. More in communications, thematic reports and country visitsmissions carried out by UN Special Procedure mandate holders to assess the situation of human rights in a specific country. During their missions, they will meet with national and local authorities, national human rights institutions, as well as with NGOs, civil society, and survivors of human rights violations. Findings, conclusions and recommendations of such missions are published in reports to the Human Rights Council. More by mandate holders.

Overall, in relation to LGBTI topics, the thematic Special Proceduresindependent human rights experts within the UN Human Rights Council with mandates to report and advise on human rights from a thematic or country-specific perspective. They are non-paid and elected for 3-year mandates that can be re-conducted for another three years. Special procedures can undertake country visits, and act on individual cases of reported violations by sending communications to States and others. They also engage in advocacy, raise public awareness, provide advice for technical cooperation, and contribute to the development of international human rights standards.
More sent 19 new communications, issued 28 reports on country visits and published 39 thematic reports.

We welcome the ongoing attention these experts are paying to SOGIESC human rights issues, including particular attention to the situation of transadjective/umbrella term to describe a person whose gender identity does not match the sex they were assigned at birth. More people. For example, one communication concerned the dismissal of a soldier following her genderrefers to a social construct which places cultural and social expectations on individuals based on their assigned sex. More reassignment surgery, and another one was about a bill making it impossible for trans and gender diverse people to legally change their gender. We also commend the strong LGBTI focus adopted by the Special Rapporteur on truth, justice and reparation, as well as good reference to LGBTQI2S indigenous people by the Special Rapporteur on Indigenous peoples. We encourage mandate holders to further strengthen their analysis of specific populations within LGBTI communities, such as LBQ women, trans or intersexan umbrella term for the spectrum of variations of sex characteristics that naturally occur within the human species. Intersex people are born with variations of sex characteristics (such as genitals, reproductive organs, hormonal and chromosomal patterns) that are more diverse than stereotypical definitions of male or female bodies. Up to 1.7% of the global population are born with such traits; yet, because their bodies are seen as different, intersex children and adults are often stigmatised and subject to harmful practices – including in medical settings - and discriminated against. More persons and LGBTI persons with disabilities, and to look into the situation of LGBTI persons who are not necessarily activists.

Find out more about the trends in 2020 below! You can find the updated factsheets here.

Which experts include LGBTI issues most regularly?

The mandates that made the most regular references to SOGIESC issues were:

• the Independent Expert on violence and discriminationunequal or unfair treatment which can be based on a range of grounds - such as age, ethnic background, disability, and diverse sexual orientations, gender identities and expressions or sex characteristics, amongst others. More on the basis of SOGIabbreviation standing for sexual orientation and gender identity More (22 items: 2 SOGIESC-inclusive thematic reports, 1 country report and 19 communications on LGBTI relevant topics);
• the Special Rapporteur on human rights defenders (13 items);
• the Special Rapporteur on health (11 items);
• the Special Rapporteur on freedom of expression (10 items);
• the Working Group on discrimination against women (10 items);
• the Special Rapporteur on torture (10 items);
• the Special Rapporteur on violence against women (10 items).

2020 SOGIESC thematic reports, country visits and communications by mandates

Communications

19 new communications on SOGIESC – letters concerning allegations of human rights violations – were sent by thematic mandates for the period from 17 December 2019 to 20 November 2020.

All 19 communications were made with the Independent expert on SOGI. The other top mandates were the Special Rapporteur on human rights defenders and the Special Rapporteur on freedom of expression (9 communications each), the Working Group on discrimination against women and the Special Rapporteur on health (8 communications each). In a welcome advance, four mandates (disappearance, minority issues, older persons and mercenaries) made their first communications covering LGBTI topics.

Communications covering SOGIESC issues were sent to 17 states from all UN geographical clusters: Bangladesh, Bulgaria, Cambodia, Egypt, Honduras, Hungary, Nepal, Netherlands, Republic of Korea, Romania, Saudi Arabia, Tunisia, Turkey, Uganda, United Republic of Tanzania, United States of America, and Zambia.

Countries that received communications

Country visits

Due to the Covid-19 pandemic, the number of country visits has declined this year. However, because reports on country visits are usually published a year after the visit, in 2020 Special Procedures still presented 28 reports on country visits with references to SOGIESC. This covers 22 countries in all five UN geographical clusters.

Country visit reports published

The countries include: Bulgaria, Canada, Colombia, Comoros, Ecuador, France, Gambia, Georgia, Greece, Honduras, Kazakhstan, Malaysia, Mongolia, Netherlands, Nigeria, Peru, Qatar, South Africa, Spain, Sri Lanka, Ukraine, and Zimbabwe.

Some of the mandates, particularly, the Special Rapporteur on the rights of persons with disabilities, and the Special Rapporteur on terrorism, presented their first SOGIESC-inclusive country reports in 2020.

Thematic reports

Special Procedures also included SOGIESC elements in their thematic reports to the Human Rights Councilan inter-governmental body within the United Nations which has the responsibility to promote and protect human rights. It is comprised of 47 member States, each elected to 3-year terms by the 193 member States of the United Nations. More and General Assemblythe main deliberative and policy-making organ of the United Nations which makes decisions on international issues such as development and peace and security. All 193 member States are represented, and each has one vote. More. In 2020, 39 reports (more than 50% of all thematic reports) mentioned some LGBTI related topics, with 12 of these reports – set out in the table below – including good or strong references to LGBTI populations.

2020 Thematic reports with good or strong SOGIESC references