HRC - EU Intervention: Public consultation by the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Mr. Vitit Muntarbhorn

The Human Rights Council adopted resolution 32/2 establishing the first ever mandate of a United Nations Independent Expert on "Protection against violence and discrimination based on sexual orientation and gender identity". At the time of the adoption, the European Union commended the core group (Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico and Uruguay) for its leadership and invitation to dialogue as illustrated throughout the process.

The EU believes that this resolution is an important step in line with the pledge made by the international community in the 2030 Agenda for Sustainable Development that no one will be left behind.

The EU upholds the independence of all mandate holders, and supports their free and unhindered interaction with individuals and civil society organisations. Cooperation with UN Special Procedures and mechanisms is a tangible means to better protect and promote human rights.

In this context, we would like to share our experience in the European Union where we have a standing invitation to all Special Procedures. Recent visits to EU institutions and to EU Member States confirm that we cooperate with all Special Procedures, whether we supported or not the establishment of the mandate. We praise States from across regions that cooperate with and grant access to Special Procedures, irrespective of their position on the mandate itself.

Unfortunately, in all regions of the world, discrimination and violence on the grounds of sexual orientation and gender identity are a daily reality for many. The EU is committed to protecting the full range of human rights of all people, wherever they are.

Protecting LGBTI persons from violence and discrimination does not mean creating a new set of LGBTI-specific rights, nor does it require the establishment of new international human rights standards. It simply requires the application of the universal principles of human rights, protection of equality and human dignity, non-discrimination and privacy to all individuals.

The EU is committed to effectively promote and protect the human rights of all people, including LGBTI persons. In line with its LGBTI Guidelines, the European Union focuses on the following priority areas of action:

1. Decriminalisation and combatting discriminatory laws and policies;

2. Promoting equality and non-discrimination

3. Combatting LGBTI-phobic violence;

4. Supporting and protecting human rights defenders.

1. Decriminalisation and combatting discriminatory laws and policies

The EU is particularly concerned that in some countries, sexual relations between consenting adults of the same sex are criminalised and are liable to be punished with imprisonment or with the death penalty. In other countries, governments actively seek to limit freedom of assembly, association and expression of LGBTI persons. Such criminalisation is contrary to international human rights law and is in violation of the human rights of LGBTI persons, including the right to life, privacy, liberty, security and to health, as well as freedom of association, assembly and expression.

2. Promoting equality and non-discrimination

Discrimination on the basis of real or perceived sexual orientation or gender identity occurs around the world when LGBTI persons try to access jobs, health care or education. Consequently, discrimination may also lead to increased poverty among LGBTI persons. The EU supports the introduction of national legislation and policies – including awareness-raising – that promote equality and non-discrimination in the work place, health sector and in education.

3. Combatting LGBTI-phobic violence

Legislative frameworks protecting LGBTI persons from discrimination and hate crimes are absent in many countries. The EU encourages all states to acknowledge LGBTI-phobic violence and develop, in conjunction with civil society, legal and other measures to prevent, monitor and effectively prosecute perpetrators of LGBTI-phobic violence, and ensure redress for victims of such violence. 

4. Supporting and protecting human rights defenders

Persons working to advance the human rights of LGBTI persons are human rights defenders. All states should respect the work of human rights defenders as stated in the International Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms. The EU encourages all countries to adopt a culture of general respect towards and recognition of the work carried out by defenders of human rights, including those of LGBTI persons.

We take this first public consultation as a confirmation that the Independent Expert is committed to dialogue and we hope that such dialogue will contribute for the much needed progress in law and in practice across regions.