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The primary target audience for the Yogyakarta Principles are States, however there are also a number of important recommendations ... for different stakeholders in charge of promoting and protecting human rights. The Principles address how LGBTI people have experienced or are likely to experience unequal treatment in society when accessing State services or when participating in society in general.
Photo: Danielle Villasana
Human rights principles, norms and standards lie at the heart of efforts to end discrimination against LGBTI people. This does not mean that new ‘LGBTI rights’ are being established that will apply only to LGBTI people. On the contrary, international human rights law makes it clear all people, including LGBTI people, must be protected against discrimination.
An international human rights framework has developed over time which includes human rights declarations, treaties, bodies and mechanisms. While non-discrimination on the basis of sexual orientation, gender identity or sex characteristics is not explicitly referred to in any international human rights treaty, this is not at all required in order for it to be clear that discrimination on these grounds is prohibited. States are required to protect LGBTI people from being discriminated against and to take specific steps in response if it does happen. Indeed, there is an ever-growing body of international human rights law in this area.
Many of the treaty bodies responsible for interpreting human rights treaties and monitoring their implementation have found that violations of the rights of LGBTI people have taken place and have held States accountable for these violations. When Member States have had their human rights records reviewed (by other Member States) through the Universal Periodic Review process established by the UN Human Rights Council, recommendations have been issued to them about the ways in which States must change their laws or take other steps to protect the human rights of LGBTI people (more information about this here).
It will be useful for you to be familiar with the relevant regional human rights declarations, mechanisms and bodies that have been established and that may apply to your respective country. Read more about relevant regional human rights frameworks.
Of particular relevance are the Yogyakarta Principles, an important human rights instrument. These are a set of principles that apply international human rights law standards to issues that affect LGBTI people. The Yogyakarta Principles identify specific rights and the related duties and obligations required of States in order to ensure that LGBTI people are able to exercise and enjoy those rights. A summary of the Yogyakarta Principles can be found here.
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Further recommendations from human rights declarations, agreements, bodies and mechanisms.