Gender diversity is an important aspect of human society that has been present since ancient times. People who identify themselves differently from their assigned sex at birth have always existed, but it was only recently that they started to be recognized legally and socially. According to the International Organization for Standardization (ISO), "gender identity refers to each person's internal sense of self as male, female, a blend of both or neither." It also includes transgender individuals who may transition into another gender later in life.
International law addresses multiple vulnerabilities among gender-diverse individuals through different means. One way is by protecting them against discrimination based on gender identity or expression. This includes prohibiting harassment, violence, denial of access to healthcare services, and employment discrimination. Another way is by recognizing their rights to privacy, dignity, autonomy, freedom from torture, and non-discrimination.
International law provides for protection against forced marriage and family-based violence, which are often used to coerce gender-diverse individuals into adhering to traditional gender roles.
International law promotes inclusivity and equality by ensuring that gender-diverse individuals can participate fully in public life, including political and economic activities. This includes allowing them to run for office, vote, serve in the military, work in any profession, and access education opportunities without restriction. The United Nations Convention on the Rights of Persons with Disabilities recognizes this right by providing for reasonable accommodations for disability-related needs.
International law supports gender-diverse individuals in accessing justice and legal remedies when faced with human rights violations.
The Inter-American Court of Human Rights has recognized gender identity as a protected category under its jurisdiction and granted protection to LGBTQ+ persons facing discrimination and persecution. Similarly, the European Court of Human Rights has recognized the need for gender-diverse individuals to have equal access to public spaces and private areas such as bathrooms and locker rooms.
International law plays an essential role in protecting the rights of gender-diverse individuals through various means, including prohibiting discrimination based on gender identity or expression, promoting inclusivity and equality, and supporting access to justice and legal remedies.
There is still much room for improvement, particularly in developing countries where homophobia and transphobia remain rampant.
How does international law address multiple vulnerabilities among gender-diverse individuals?
International law generally addresses gender diversity through human rights conventions such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). These laws recognize that all individuals should be free from discrimination based on their sex, sexual orientation, gender identity, and expression, regardless of nationality, religion, race, ethnicity, or socioeconomic status.