Although human rights treaties emphasize the state’s duty to protect human rights,
the international community’s legal and policy response to violations related to
sexual orientation and gender identity has been piecemeal and disjointed. In order to
strengthen the consensus in international human rights law on this question, in 2006
a group of international experts issued the Yogyakarta Principles on the application
of international human rights law in relation to sexual orientation and gender identity.
The principles, endorsed by the UN, outlined a universal guide to human rights which
affirmed the binding international legal standards with which all States must comply
to ensure the universal reach of human rights protections. The Principles specifically
outlined human rights obligations for States of distinct relevance to individuals at risk of
violations due to sexual orientation or gender identity .242
Gender identity as a basic right is also being developed at a policy and normative
level through various UN mechanisms. In June 2011,The UN Human Rights Council
adopted the UN’s first resolution regarding sexual orientation and gender identity,
expressing “grave concern” over violence and discrimination against individuals based
on their sexual orientation and gender identity.243 China cast an abstaining vote on this
resolution. 244
The resolution requested the UN High Commissioner for Human Rights to prepare
a report and convene a panel to discuss the findings and recommendations. The
High Commissioner’s report, released in November 2011, examined discriminatory
laws and practices on sexual orientation and gender identity, and included broad
recommendations to States on how to apply international human rights law to
end violence and human rights violations targeting sexual orientation and gender
identity.245 In March 2012, the panel was established, marking the first time that a
UN intergovernmental body would engage in formal discussions regarding violence
and discrimination aimed at sexual orientation and gender identity.246 However, the
progress has not been uniform and, in September 2012, the Human Rights Council
passed a resolution on “promoting human rights and fundamental freedoms through
242 The Yogyakarta Principles, http://www.yogyakartaprinciples.org/principles_en.htm (accessed November 11, 2014).
243 Human Rights Council. “Human Rights, sexual orientation and gender identity.” July 14, 2011. (A/HRC/RES/17/19) http://www2.ohchr.org/english/
bodies/hrcouncil/docs/19session/A.HRC.19.41_English.pdf (accessed November 11, 2014).
244 Human Rights Watch, “Historic Decision at the United Nations. Human rights Council passes first-ever resolution on sexual orientation and gender
identity”. June 17, 2011. http://www.hrw.org/news/2011/06/17/historic-decision-united-nations (accessed November 11, 2014).
245 Report of the United Nations High Commissioner for Human Rights. “Discriminatory laws and practices and acts of violence against individuals
based on their sexual orientation and gender identity,” Human Rights Council Nineteenth session. November 17, 2011. http://www2.ohchr.org/english/
bodies/hrcouncil/docs/19session/A.HRC.19.41_English.pdf (accessed November 11, 2014).
246 “United Nations Human Rights Council Panel on Sexual Orientation and Gender Identity,” OHCHR, March 2012. http://www.ohchr.org/en/Issues/
Discrimination/Pages/PanelSexualOrientation.aspx (accessed November 11, 2014).
58