2025-01-13

Sexual Orientation & Gender Identity

I. Introduction

“The notion that there is a gender norm, from which identities and expressions vary or depart, is based on a series of preconceptions that must be challenged if all humankind is to enjoy human rights.

Among these misconceptions is the idea that it is a legitimate societal objective that persons adopt roles, forms of expression and behaviours that are considered entitlements or burdens according to their sex assigned at birth.

Only by acknowledging the stereotypes, power asymmetries, inequality and fundamental violence that lies at the foundation of this system does the State comply with its obligation to address the violence and discrimination that it fuels, with its harrowing impact on women and girls in every corner of the world, including lesbian, bisexual and trans women; on gay, bisexual and trans persons; on other gender-diverse persons; and on intersex persons.”

‘The Law of Inclusion’ – Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Victor Madrigal-Borloz*

Gender equality is at the very heart of human rights and United Nations values. Equality and non-discrimination are fundamental principles of the United Nations Charter, adopted by world leaders in 1945.

Yet millions of women and LGBTI persons around the world continue to experience discrimination in the enjoyment of civil, cultural, economic, political and social rights.

Moreover, many women, including transgender, gender diverse and intersex women, face compounded forms of discrimination—due to factors such as their age, race, ethnicity, disability, or socio-economic status—in addition to gender-based discrimination.

Effectively ensuring full enjoyment of human rights by women, girls, men, boys and people of diverse gender identities requires, first, a comprehensive understanding of the social structures, social norms and stereotyping, and power relations that frame not only laws and politics but also the economy, social dynamics, family life and community life.1

II. How we support individuals and communities, victims and witnesses, defenders and practiconers:

gva4HR is committed to working with States, national human rights institutions (NHRIs), national mechanisms for implementation, reporting and follow-up (NMIRF) civil society, and other stakeholders worldwide to:

  • Reform discriminatory laws and policies which allow gender-based discrimination and bring them in line with the international human rights law;
  • Transform discriminatory social norms and harmful gender stereotypes into more equal social structures and power relations for all genders;
  • Eliminate gender-based violence;
  • Guarantee theenjoyment of sexual and reproductive health and rights by all;
  • Protect and expand the civic space of women human rights defenders and feminist movements;
  • Facilitate equal participation of women, men and people of diverse gender identities in civil, political, economic, social and cultural life; and
  • Ensure gender equality within the UN Human Rights Office and the United Nations.

III. Why a gender persective is important?

Awareness of specific norms related to gender-based discrimination and adequate gender analysis can prevent the overlooking of critical human rights violations or abuses.

For example, a lack of knowledge of standards applying to women in detention or male victims of sexual violence could result in overlooking specific obligations of duty bearers 2and making invisible violations suffered by segments of society.

A gender perspective, frameowrk and analysis can strengthen monitoring, investigations and reports by contributing to an analysis that addresses the adverse human rights impact that certain human rights situations or crises can have on different people, including women, men, girls and boys, elderly, youth, migrants, minorities, indigenous peoples, as well as LGBTI persons or persons with non-binary gender identities.

This gender-sensitive analysis can therefore contribute to the better tailoring of recommendations and the response to violations.

Analysis of pre-existing gender-based discrimination can contribute to making visible ensuing violations or the compounded impact of violations on certain populations.

For example, discrimination in matters related to nationality can disproportionately result in statelessness for women and their children, and discriminatory access to natural or income-generating resources can compound the effects of displacement and armed hostilities on women and girls.

A lack of gender analysis often results in the experiences of women orLGBTI persons being made invisible or reduced to instances of victimization, perpetuating a narrative that downplays the agency of women and girls or LGBTI persons.3

  1. https://www.ohchr.org/en/women ↩︎
  2. The term “duty bearer” refers to those actors who have international human rights obligations or have
    the responsibility to respect, protect, and fulfil human rights. It usually refers to state actors, but non-stateactors can also be considered duty bearers
    ↩︎
  3. https://documents.un.org/doc/undoc/gen/g21/123/16/pdf/g2112316.pdf ↩︎

2016-gva4HR-DOC_GAP-SOGI-Gender-as-a-Socially-Constructed-Phenomenon_by-Jamie-SMITH
2020-gva4HR-DOC_GAP-SOGI-PP-Gender-Equality-and-Gender-Backlash 2011-gva4HR-DOC_GAP-SOGI-UN-TM-Manual-on-Monitoring-Chapter15-Integrating-Gender 2008-03-06-gva4HR-GAP_DOC-VaWG-Project-mechanism-on-laws-that-discrimnate-women