Laws concerning homosexuals & bisexuals
Organization of American States &
United Nations declarations: 2008
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2008-JUN-03: Organization of American States' declaration passed:
The 34 countries of the Organization of American States (OAS) reached a
consensus on homophobia and transphobia by approving a resolution titled: "Human
rights, sexual orientation and gender identity." The document, presented by
the Brazillian delegation, states:
THE GENERAL ASSEMBLY,
REAFFIRMING:
That the Universal Declaration of Human Rights affirms that all human beings are
born free and equal in dignity and rights and that everyone is entitled to all
the rights and freedoms set forth in that Declaration, without distinction of
any kind, such as race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth, or other status;
That the American Declaration of the Rights and Duties of Man establishes that
every human being has the right to life, liberty, and the security of the
person;
CONSIDERING that the OAS Charter proclaims that the historic mission of America
is to offer to man a land of liberty and a favorable environment for the
development of his personality and the realization of his just aspirations;
REAFFIRMING the principles of universality, indivisibility, and interdependence
of human rights; and
TAKING NOTE with concern acts of violence and related human rights violations
perpetrated against individuals because of their sexual orientation and gender
identity,
RESOLVES:
1. To express concern about acts of violence and related human rights violations
committed against individuals because of their sexual orientation and gender
identity.
2. To request that the Committee on Juridical and Political Affairs (CAJP)
include on its agenda, before the thirty-ninth regular session of the General
Assembly, the topic of Human rights, sexual orientation, and gender identity.
3. To request the Permanent Council to report to the General Assembly at its
thirty-ninth regular session on the implementation of this resolution, the
execution of which shall be subject to the resources allocated in the
program-budget of the Organization and other resources.
1
The consensus reached by the OAS is particularly remarkable because some of
its 34 countries are in the Caribbean and of English heritage. They still
criminalize sexual activity between persons of the same sex.
2008-DEC-18: U.N. declaration discussed:
Louis-Georges Tin, is the founder of the International Day Against Homophobia
(IDAHO). He lobbied the French government to take the lead in
tabling a declaration at the UN. Member organizations of the global
IDAHO network, and other groups then petitioned their individual governments to support it.
On 2008-DEC-18, the Declaration on Human Rights, Sexual
Orientation and Gender Identity, was presented to the United Nations
General Assembly. France chose to use a declaration because there was
insufficient support for a resolution.
The Vatican, as a city state and member of the UN, criticized
major parts of the declaration. They did favor the decriminalization of
homosexual behavior. However, like Muslim states in the past, they objected to
the inclusion in the declaration of the terms sexual orientation and
gender
identity. The Vatican's main concern appears to be that
recognition of these terms might eventually lead to an ending of all forms of
discrimination against gays, lesbians, bisexuals and transsexuals. The Vatican
promotes decriminalization, and calls for an end to "unjust discrimination" and
violence against such persons. However they continue to promote other types of
discrimination, so that homosexuals and transgender persons
continue to receive of less than full human rights. For example, they advocate and
enforce their exclusion from seminaries and the prohibition of
same-sex marriage.
Rama Yade, the French state secretary for human rights, noting
that homosexuality is criminalized in almost 80 countries and subject to the
death penalty in at least six, said: "How can we tolerate the fact that people
are stoned, hanged, decapitated and tortured only because of their sexual
orientation?" 2
The representative of the Vatican testified before the Council:
"The Holy See appreciates the attempts made in the
'Declaration on human rights, sexual orientation and gender identity' -
presented at the UN General Assembly on 18 December 2008 -- to condemn all
forms of violence against homosexual persons as well as urge States to take
necessary measures to put an end to all criminal penalties against them."
"At the same time, the Holy See notes that the wording of this
Declaration goes well beyond the abovementioned and shared intent."
"In particular, the categories sexual orientation and
gender identity, used in the text, find no recognition or clear and agreed
definition in international law. If they had to be taken into consideration in
the proclaiming and implementing of fundamental rights, these would create
serious uncertainty in the law as well as undermine the ability of States to
enter into and enforce new and existing human rights conventions and
standards."
"Despite the Declaration's rightful condemnation of and
protection from all forms of violence against homosexual persons, the
document, when considered in its entirety, goes beyond this goal and instead
gives rise to uncertainty in the law and challenges existing human rights
norms."
"The Holy See continues to advocate that every sign of unjust
discrimination towards homosexual persons should be avoided and urges States
to do away with criminal penalties against them."
3
The official Vatican newspaper, L'Osservatore Romano stated that the use of the terms
sexual orientation and gender identity "... imply that sexual identity is defined only by
culture." The newspaper suggested that their use in the declaration is
part of an attempt to "... equate same-sex unions with marriage and to give
homosexual couples the chance to adopt or 'procreate' children."
4
The paper expressed concern that the declaration would endanger "other
human rights," such as "liberty of expression ... thought, conscience and
religion." They suggest that it might limit the freedom of speech of
religious groups who want to teach that homosexual behavior is morally wrong.
4
References used:
The following information source was used to prepare and update the above
essay. The hyperlink is not necessarily still active today.
- "AG/RES. 2435 (XXXVIII-O/08): Human rights,
sexual orientation and gender identity," Organization of American
States, 2008-JUN-3, at:
http://www.ilga.org/
- "In a first, gay rights are pressed at the UN,"
WorldPress.com, 2008-DEC-19, at:
http://kickingalion.wordpress.com/
- "Holy See on UN declaration on homosexuality," Zenit, 2008-DEC-18,
at:
http://www.zenit.org/
- "Vatican calls for homosexuality to be decriminalized," National Catholic
Reporter, 2009-JAN-09, at:
http://findarticles.com/
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Copyright © 2009 to 2011 by Ontario Consultants on
Religious Tolerance
Original posting: 2009-FEB-13
Latest update: 2011-JUN-18
Author: B.A. Robinson
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