China is both a member state of the United Nations and signatory to numerous human
rights treaties.253 As such, China has binding treaty obligations to ensure the promotion
and protection of human rights for all, particularly on enforcing non-discrimination in all
spheres and ensuring access to an adequate standard of health. As the Office for the
High Commissioner of Human Rights argues, “The protection of people on the basis
of sexual orientation and gender identity does not require the creation of new rights
or special rights for LGBT people. Rather, it requires enforcement of the universally
applicable guarantee of nondiscrimination in the enjoyment of all rights.”254
On 22 October 2013, the UN Human Rights Council conducted China’s second
Universal Periodic Review. The issues of sexual orientation and gender identity
were raised and discussed before and during the review and China did accept the
recommendations to: “Establish anti-discrimination laws and regulations to ensure
that lesbian, gay, bisexual and transgender persons enjoy equal treatment, including at
schools and in the workplace (Ireland)”; and to “Include a prohibition of discrimination
of any kind, including discrimination based on sexual orientation and gender identity,
ethnicity, religion and infection with HIV, in labour and employment law in line with
international standards (Netherlands)”. 255
253 China has ratified the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of
Discrimination against Women, the Convention on the Rights of the Child, the Convention against Torture and Other Cruel Inhuman or Degrading
Treatment or Punishment. China has also signed the International Covenant on Civil and Political Rights.
254 United Nation Human Rights Office of The High Commissioner, “Born Free and Equal: Sexual Orientation and Gender Identity in International
Human Rights Law,” HR/PUB/12/06 (2012). http://www.ohchr.org/documents/publications/bornfreeandequallowres.pdf (accessed November 11,
2014).
255 Human Rights Council, Twenty-fifth session. “Report of the Working Group on the Universal Periodic Review China (including Hong Kong, China
and Macao, China),” A/HRC/25/5, December 4, 2013. http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G13/188/55/PDF/G1318855.pdf?OpenElement
(accessed December 13, 2014).
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