Brazilian Resolution

Last updated

The Brazilian resolution was presented to the Economic and Social Council of the United Nations in 2003. The resolution covered human rights and sexual orientation. E/CN.4/2003/L.92* It came under the Commission on Human Rights, fifty-ninth session, item 17 on the agenda.

Contents

Discussion of the resolution was postponed in 2004 because it was felt that it would not be passed. A formal UN declaration on sexual orientation and gender identity was discussed in the General Assembly on 18 December 2008.

The draft resolution

The draft resolution was backed by Austria, Belgium, Brazil, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden and the United Kingdom.

The resolution reaffirmed the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of the Child. It affirmed the equal and inalienable rights of all people, that the Universal Declaration of Human Rights affirms the principle of the inadmissibility of discrimination, and that human rights education is a key to changing attitudes and behaviour and to promoting respect for diversity in societies.

Resolution

The resolution featured the following six statements [1] [2]

  1. Expresses deep concern at the occurrence of violations of human rights in the world against persons on the grounds of their sexual orientation;
  2. Stresses that human rights and fundamental freedoms are the birthright of all human beings, that the universal nature of these rights and freedoms is beyond question and that the enjoyment of such rights and freedoms should not be hindered in any way on the grounds of sexual orientation;
  3. Calls upon all States to promote and protect the human rights of all persons regardless of their sexual orientation;
  4. Notes the attention given to human rights violations on the grounds of sexual orientation by the special procedures in their reports to the Commission on Human Rights, as well as by the treaty monitoring bodies, and encourages all special procedures of the Commission, within their mandates, to give due attention to the subject;
  5. Requests the United Nations High Commissioner for Human Rights to pay due attention to the violation of human rights on the grounds of sexual orientation;
  6. Decides to continue consideration of the matter at its sixtieth session under the same agenda item.

See also

Related Research Articles

International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be classified into two broad categories: declarations, adopted by bodies such as the United Nations General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law;, and often express guiding principles; and conventions that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrative guidelines that are agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific prescription or principle from any of these various international instruments can, over time, attain the status of customary international law whether it is specifically accepted by a state or not, just because it is well-recognized and followed over a sufficiently long time.

Universal Declaration of Human Rights Declaration adopted in 1948 by the United Nations General Assembly

The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. It was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstained, and two did not vote.

The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of the UN Economic and Social Council (ECOSOC), and was also assisted in its work by the Office of the United Nations High Commissioner for Human Rights (UNOHCHR). It was the UN's principal mechanism and international forum concerned with the promotion and protection of human rights.

The Vienna Declaration and Programme of Action (VDPA) is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria. The position of United Nations High Commissioner for Human Rights was recommended by this Declaration and subsequently created by General Assembly Resolution 48/121.

Human rights in Switzerland Overview of the observance of human rights in Switzerland

Human rights are largely respected in Switzerland, one of Europe's oldest democracies. Switzerland is often at or near the top in international rankings of civil liberties and political rights observance. Switzerland places human rights at the core of the nation's value system, as represented in its Federal Constitution. As described in its FDFA's Foreign Policy Strategy 2016-2019, the promotion of peace, mutual respect, equality and non-discrimination are central to the country's foreign relations.

Declaration of Montreal

The Declaration of Montreal on Lesbian, Gay, Bisexual, and Transgender Human Rights is a document adopted in Montreal, Quebec, Canada, on July 29, 2006, by the International Conference on LGBT Human Rights which formed part of the first World Outgames. The Declaration outlines a number of rights and freedoms pertaining to LGBT and intersex people that it is proposed be universally guaranteed. It encompasses all aspects of human rights, from the guarantee of fundamental freedoms to the prevention of discrimination against LGBT people in healthcare, education and immigration. The Declaration also addresses various issues that impinge on the global promotion of LGBT rights and intersex human rights. Intended as a starting point in listing the demands of the international LGBT movement, it will ultimately be submitted to the United Nations.

LGBT rights in Senegal Rights of LGBT people in Senegal

Lesbian, gay, bisexual, and transgender (LGBT) persons in Senegal face legal challenges not experienced by non-LGBT residents. Senegal specifically outlaws same-sex sexual acts and, in the past, has prosecuted men accused of homosexuality. LGBT persons face routine discrimination in society.

LGBT rights at the United Nations

Discussions of LGBT rights at the United Nations have included resolutions and joint statements in the United Nations General Assembly and the United Nations Human Rights Council (UNHRC), attention to the expert-led human rights mechanisms, as well as by the UN Agencies.

First Optional Protocol to the International Covenant on Civil and Political Rights

The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights (ICCPR). It was adopted by the UN General Assembly on 16 December 1966, and entered into force on 23 March 1976. As of May 2020, it had 35 signatories and 116 states parties. Two of the ratifying states—Jamaica and Trinidad and Tobago—have denounced the protocol.

Right to housing

The right to housing is the economic, social and cultural right to adequate housing and shelter. It is recognized in some national constitutions and in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.

LGBT rights in the Maldives Rights of LGBT people in the Maldives

Lesbian, gay, bisexual, and transgender (LGBT) persons in Maldives face legal challenges not experienced by non-LGBT residents.

Yogyakarta Principles document about human rights in the areas of sexual orientation and gender identity

The Yogyakarta Principles is a document about human rights in the areas of sexual orientation and gender identity, published as the outcome of an international meeting of human rights groups in Yogyakarta, Indonesia, in November 2006. The Principles were supplemented in 2017, expanding to include new grounds of gender expression and sex characteristics, and a number of new principles.

LGBT rights in Samoa Rights of LGBT people in Samoa

Lesbian, gay, bisexual and transgender (LGBT) people in Samoa face legal challenges not faced by non-LGBT people. Same-sex sexual acts are illegal, punishable by up to 7 years imprisonment, but the law is not enforced.

Education and the LGBT community

In the recent history of the expansion of LGBT rights, the issue of teaching various aspects of lesbian, gay, bisexual and transgender life and existence to younger children has become a heated point of debate, with proponents stating that the teaching of LGBT-affirming topics to children will increase a sense of visibility for LGBT students and reduce incidences of homophobia or closeted behavior for children, while opponents to the pedagogical discussion of LGBT people to students are afraid that such discussions would encourage children to violate or question religiously or ideologically motivated rejections of non-heterosexuality in private settings. Much of the religious and/or social conservative aversion to non-heterosexuality and the broaching of the topic to juveniles tends to occur in regions with a historic demographic dominance or majority of adherents to an Abrahamic religion, particularly the majority of denominations of Christianity, Islam and Judaism, while those who were raised in those religions but advocate or take more favorable/nuanced positions on LGBT issues or are LGBT themselves may often be ostracized from more socially conservative congregations over the issue.

Human rights in Fiji

Fiji is an island nation in Melanesia in the South Pacific Ocean with a population of approximately 849,000. It is made up of Fijians, Indo-Fijians, Europeans, Chinese, other Pacific islanders, and people of mixed racial descent. Fiji has been in a state of political unrest since their independence from Britain in 1970.

The right to sexuality incorporates the right to express one's sexuality and to be free from discrimination on the grounds of sexual orientation. In specific, it relates to the human rights of people of diverse sexual orientations, including lesbian, gay, bisexual and transgender (LGBT) people, and the protection of those rights, although it is equally applicable to heterosexuality. The right to sexuality and freedom from discrimination on the grounds of sexual orientation is based on the universality of human rights and the inalienable nature of rights belonging to every person by virtue of being human.

International Convention on the Elimination of All Forms of Racial Discrimination United Nations convention and human rights instrument

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races. The Convention also requires its parties to outlaw hate speech and criminalize membership in racist organizations.

This article is about human rights in Kiribati.

Human Rights in Portugal Human right laws in Portugal

Portugal is generally considered as successful in upholding the civil liberties and protecting the human rights of its citizens. Portugal has proved to be determined in promoting and respecting human rights at an international and national level. The countries minister of Justice as of September 2018, Francisca Van Dunem, said that Portugal has had "a good track record" on human rights but violations still do persist.

The Declaration on the Rights of Peasants (UNDROP), officially United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, is an UNGA resolution on Human rights with "universal understanding", adopted by the United Nations in 2018.

References

  1. "UN Brazilian resolution". ILGA. Archived from the original on 2009-10-30.
  2. "UN language versions Brazilian resolution".