States must tackle racism and stigma against LGBT persons

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GENEVA (16 May 2023) – On the occasion of the International Day against Homophobia, Biphobia, and Transphobia, a group of UN and regional human rights experts called on States to address racism and stigma against LGBT persons. The experts issued the following joint statement:

“We call on States to uphold the inherent dignity of all persons, without any distinction, by adopting measures to eradicate racial discrimination, exclusion, intolerance, hatred, bigotry, violence, and stigmatisation of lesbian, gay, bisexual, transgender and gender diverse (LGBT) persons.

Racialization, ethnicity, age, colour, disability, national and residential and socio-economic status expose LGBT persons to different forms of discrimination that affect their ability to enjoy their human rights and fundamental freedoms without distinction of any kind. To adequately analyse how structural inequalities lead to violence and exposure to risk, it is a must to adopt an intersectional approach. While some people are privileged, most face discrimination and violence, including arbitrary displacement, because of their multiple intersecting identities.

In the few contexts in which systematic data collection exists, it strongly suggests that the intersection of anti-Blackness and LGBT-phobia creates additional barriers to the full inclusion of Black LGBT persons in society. Similar dynamics affect other discriminated or racialized groups, such as Arab, Asian, Latin American, and Middle Eastern persons, persons of African or Pacific descent, as well as Indigenous Peoples, minorities, migrant persons, refugees, and asylum seekers. These factors are exacerbated for people who are sexually and/or gender diverse and for those defending their rights, where the lack of intersectional approaches often precludes culturally relevant engagement, public participation without fear of reprisal, necessary comprehensive medical care, and even respect for autonomy. 

The persistence of gender inequality and a lack of understanding of sexual and gender diversities drive prejudice in culture and discrimination in laws and policies in a range of country contexts. Challenging historic exclusion and more contemporary regressions by breaking stereotypes and ensuring civil society’s access to financial resources, including laws, policies and practices that impede such access is a must for the global human rights agenda. Traditional beliefs and practices must not be invoked to deny equal rights.

Businesses have also the responsibility to address intersectional harms experienced by individuals, including people with non-binary identities, and to take social justice into consideration as part of their human rights responsibilities under the UN Guiding Principles on Business and Human Rights. It is not enough to commit to equality and diversity initiatives; these must be accompanied by human rights due diligence assessments that bring non-discrimination to practice.

Disaggregated data on lesbian and bisexual women, trans men, and gender diverse individuals, based on their descent, colour or ethnic origin is virtually non-existent in all latitudes of the world, but the scarce existing evidence suggests that they experience disproportionately higher rates of discrimination, violence, and insecurity. Widespread State and non-State violence against trans women based on their colour, for example, is a powerful example of necropolitics in action. Likewise, the disproportionate representation of LGBT youths and older persons of colour and Indigenous persons in homelessness clearly exemplifies racism and age as determinants of economic, social and political social exclusion.

To achieve true equality, States must adopt an intersectional, non-binary approach that addresses the needs of the LGBT population in its full diversity and involves them in the development of policies that affect them. This includes, where data security is guaranteed, collecting disaggregated data that takes into account their declared race, ethnicity and social status, developing a broader and authentic understanding of how racism and LGBT-phobia intersect, addressing racial and ethnic disparities in access to goods, facilities and services for LGBT and gender diverse individuals, and understanding the impact and legacy of colonialism on inequalities within and between countries, nation-building and the exclusion of these populations. Businesses must also incorporate an intersectional perspective to provide equal opportunities and eliminate discrimination in their activities.

For all of these reasons, we also reiterate today our conviction that sexual orientation and gender identity remain indispensable entry points for an adequate analysis of discrimination and violence and the path to its eradication.”

ENDS

UN Special Procedures mandate holders joining this statement includeVictor Madrigal-BorlozIndependent Expert on protection against violence and discrimination based on sexual orientation and gender identityAshwini K.P.Special Rapporteur on contemporary forms of racismBarbara G. Reynolds (Chair-Rapporteur), Bina D’Costa, Catherine S. Namakula, Dominique Day, and Miriam Ekiudoko,  Working Group of Experts on People of African DescentYvonne Mokgoro (Chair), Tracie Keesee, and Juan MéndezExpert Mechanism to Advance Racial Justice and Equality in Law EnforcementDorothy Estrada Tanck (Chair), Ivana Radačić (Vice-Chair), Elizabeth Broderick, Melissa Upreti, and Meskerem Geset TechaneWorking Group on discrimination against women and girlsPriya Gopalan (Chair-Rapporteur), Miriam Estrada-CastilloWorking Group on arbitrary detention; Ravindran Daniel (Chair-Rapporteur), Jelena Aparac, Sorcha MacLeod, Chris Kwaja, Carlos Salazar Couto, Working Group on the use of mercenariesFelipe González MoralesSpecial Rapporteur on the human rights of migrantsSiobhán MullallySpecial Rapporteur on trafficking in persons, especially women and children; Tlaleng MofokengSpecial Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental healthGerard QuinnSpecial Rapporteur on the rights of persons with disabilitiesFabián SalvioliSpecial Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrenceMargaret SatterthwaiteSpecial Rapporteur on the independence of judges and lawyersIrene KhanSpecial Rapporteur on freedom of opinion and expressionAlexandra XanthakiSpecial Rapporteur in the field of cultural rightsAlice CruzSpecial Rapporteur on the elimination of discrimination against persons affected by leprosy and their family membersBalakrishnan RajagopalSpecial Rapporteur on the right to adequate housingFarida ShaheedSpecial Rapporteur on the right to educationOlivier De SchutterUN Special Rapporteur on extreme poverty and human rightsIan FrySpecial Rapporteur on the promotion and protection of human rights in the context of climate changeSurya DevaSpecial Rapporteur on the right to developmentFionnuala Ní AoláinSpecial Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorismFernand de VarennesSpecial Rapporteur on minority issuesMary LawlorSpecial Rapporteur on the situation of human rights defendersClément Nyaletsossi VouleSpecial Rapporteur on the rights to freedom of peaceful assembly and of associationAna Brian NougrèresSpecial Rapporteur on the right to privacyObiora OkaforIndependent Expert on human rights and international solidarityClaudia MahlerIndependent Expert on the enjoyment of all human rights by older personsPedro Arrojo-AgudoSpecial Rapporteur on the human rights to safe drinking water and sanitationPichamon Yeophantong (Chairperson), Damilola Olawuyi (Vice-Chairperson), Fernanda HopenhaymElżbieta Karska, and Robert McCorquodaleWorking Group on the issue of human rights and transnational corporations and other business enterprisesPaula Gaviria BetancurSpecial Rapporteur on the human rights of internally displaced personsDavid BoydSpecial Rapporteur on human rights and the environmentTomoya ObokataSpecial Rapporteur on contemporary forms of slavery, including its causes and consequencesMorris Tidball-BinzSpecial Rapporteur on extrajudicial, summary or arbitrary executionsMichael FakhriSpecial Rapporteur on the right to foodFrancesca AlbaneseSpecial Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967José Francisco Calí TzaySpecial Rapporteur on the human rights of Indigenous Peoples; Richard Bennett, Special Rapporteur on the situation of human rights in AfghanistanVitit MuntarbhornSpecial Rapporteur on the situation of human rights in CambodiaYao AgbetseIndependent Expert on the situation of human rights in Central African RepublicJavaid RehmanSpecial Rapporteur on the situation of human rights in the Islamic Republic of IranElizabeth SalmonSpecial Rapporteur on the situation of human rights in the Democratic People's Republic of KoreaTom AndrewsSpecial Rapporteur on the situation of human rights in Myanmar; and Isha DyfanIndependent Expert on the situation of human rights in Somalia.

The Inter-American Commission on Human Rights also joins this statement.

The experts are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

For additional information and media requests please contact the mandate of the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (IE SOGI) at hrc-ie-sogi@un.org.

For media enquiries regarding other UN independent experts, please contact Maya Derouaz (maya.derouaz@un.org) and Dharisha Indraguptha (dharisha.indraguptha@un.org)

Follow news related to the UN's independent human rights experts on Twitter: @UN_SPExperts