Can international law hold states accountable for failing to protect LGBT communities?
The question of whether international law can be used to hold states responsible for failing to protect LGBT communities is a complex one. On the one hand, there are some clear ways in which international human rights laws apply to this situation, but on the other hand, enforcement of these laws has been difficult and inconsistent. In general, however, it seems that international law does offer some potential tools for holding states accountable in this area, though much more work needs to be done.
International law and LGBT communities
International human rights law includes protections against discrimination based on sexual orientation and gender identity.
Article 2 of the Universal Declaration of Human Rights prohibits any form of discrimination "in the exercise of his rights and freedoms." This includes discrimination based on sex, race, language, religion, political opinion, national origin, or social status. This broad category could potentially include sexual orientation and gender identity as well.
There are specific treaties dedicated to combating discrimination based on sexual orientation and gender identity. The most notable of these is the Yogyakarta Principles, which were adopted by experts at a 2006 conference in Indonesia. These principles outline how international law should apply to issues such as freedom from violence, employment, health care, education, and family life for members of LGBT communities. They also address the need for legal recognition of same-sex relationships and the right to change gender.
Another important tool for holding states accountable under international law is the UN Special Rapporteur on the Right to Freedom from Discrimination based on Sexual Orientation and Gender Identity. This special rapporteur was established by the UN General Assembly in 2016 with the aim of examining violations of human rights related to sexuality and gender around the world.
Challenges and opportunities
Despite these tools, however, enforcing international law in this area has been difficult. One challenge is that many countries have not signed onto the relevant treaties or conventions. Another challenge is that even when they do sign onto them, some countries may be reluctant to fully implement their provisions.
Some countries may try to argue that certain laws or policies are necessary to protect traditional values or morals, despite evidence to the contrary.
There are also opportunities for international law to hold states accountable in this area.
The European Court of Human Rights has ruled against Russia's ban on "propaganda" promoting homosexuality, finding it to be discriminatory. And other courts and tribunals could potentially rule similarly in cases involving other countries.
Economic sanctions could be used as a means of pressuring countries to comply with international norms.
While much work remains to be done to ensure full protection for LGBT communities, international law does offer some ways to hold states accountable for failing to provide such protections.
Can international law hold states accountable for failing to protect LGBT communities?
The International Covenant on Civil and Political Rights (ICCPR) protects individuals from discrimination based on their sexual orientation. This is reinforced by the Human Rights Committee's General Comment 21 and 36, which outline how discrimination against LGBT people violates human rights and that criminalization of homosexuality is unjustifiable. The Yogyakarta Principles provide guidance to protect the rights of LGBT persons.