International human rights norms play an important role in shaping the protection of lesbian, gay, bisexual, transgender (LGBT) individuals in armed forces around the world. These standards are established through various international treaties and conventions that aim to protect individuals from discrimination based on their gender identity and sexual orientation.
The Universal Declaration of Human Rights, which was adopted by the United Nations in 1948, recognizes the right of every individual to live free from discrimination without distinction based on race, color, religion, or national origin. This includes LGBT individuals who serve in the military. The International Covenant on Civil and Political Rights (ICCPR), which entered into force in 1976, also prohibits discrimination against any person on grounds of sex, language, religion, political or other opinion, national or social origin, property, birth, or other status. It specifically states that everyone has the right to freedom of thought, conscience, and religion, as well as the right to take part in public affairs. Moreover, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), ratified in 1984, defines torture as any act by which severe pain or suffering is inflicted upon a person for such purposes as obtaining information or a confession, punishing them for an act they have committed or are suspected of committing, or intimidating or coercing them or someone else. Accordingly, any form of discrimination against LGBT individuals, including physical abuse, harassment, or humiliation within armed forces, would be considered a violation of these international treaties.
In addition to these international norms, some countries have developed their own policies regarding the protection of LGBT individuals in armed forces.
Canada has implemented a policy of non-discrimination against sexual orientation since 1992, while France adopted a similar measure in 2005. Similarly, Australia introduced a ban on discrimination based on gender identity in 2013. These policies aim to ensure that LGBT individuals can serve openly without fear of reprisal or discrimination, which is essential for their safety and well-being.
Not all countries have taken steps towards recognizing the rights of LGBT individuals in this context. Some states still criminalize same-sex relationships and transgenderism, making it difficult for members of those communities to serve openly in the military. This creates a hostile environment where they may face harassment, assault, or even expulsion from service.
The United Nations has also taken action to address the issue of LGBT rights in armed forces. In 2018, it established the Independent Expert on Protection Against Violence and Discrimination Based on Sexual Orientation and Gender Identity (SOGI), who serves as a special rapporteur to promote and protect the human rights of people who identify as LGBT. The SOGI expert provides guidance to governments, conducts research, and engages with civil society organizations to raise awareness about the rights of LGBT individuals. They have also collaborated with international organizations such as NATO and the Organization for Security and Cooperation in Europe (OSCE) to develop standards for promoting equality within their respective institutions. These efforts are important because they provide a platform for dialogue between countries and advocacy groups, helping to promote change at both the national and international level.
International human rights norms play an integral role in shaping the protection of LGBT individuals in armed forces around the world. Governments must ensure that their policies align with these standards, while international bodies continue to work towards creating a more inclusive environment for all individuals regardless of sexual orientation or gender identity. By doing so, we can create a safer and more equitable environment for everyone involved in military operations, including LGBT personnel.
How do international human rights norms shape the protection of LGBT individuals in armed forces?
The protection of Lesbian, Gay, Bisexual, and Transgender (LGBT) individuals in armed forces is shaped by international human rights norms which are set forth in a variety of instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Yogyakarta Principles.