1994
Toonen v. Australia
Nicholas Toonen brought a complaint to the Human Rights Committee of the United Nations, ultimately ending the last sodomy laws in Australia.
Toonen lived in Tasmania, Australia, where he worked as general manager of the Tasmanian AIDS Council. At this time, consensual sex between adult males in private was still criminalized by law, and Toonen argued to the Human Rights Committee that this was a violation of Article 17 and Article 26 of the International Covenant on Civil and Political Rights (ICCPR). He argued that based on these articles the ICCPR should respectively protect his right to privacy and his right to not be discriminated against, on the basis of his homosexuality. Even though the case resulted in Toonen losing his job, the Human Rights Committee eventually agreed that because of this Tasmanian law, the Australian government was in breach of the ICCPR. In response, the last remaining sodomy law in Australia was lifted.
1995
Bev Ditsie Speech at the Fourth Conference on Women in Beijing
Beverly Palesa Ditsie was the first openly lesbian woman to address the UN on LGBT rights.
On September 13, 1995, Beverly Palesa Ditsie, a South African activist, made a statement at the Fourth Conference on Women in Beijing, stressing that lesbian rights are women’s rights and women’s rights are human rights.
“No woman can determine the direction of her own life without the ability to determine her sexuality. Sexuality is an integral, deeply ingrained part of every human being’s life and should not be subject to debate or coercion. Anyone who is truly committed to women’s human rights must recognize that every woman has the right to determine her sexuality free of discrimination and oppression. I urge you to make this a conference for all women, regardless of their sexual orientation, and to recognize in the Platform for Action that lesbian rights are women’s rights and that women’s rights are universal, inalienable, and indivisible human rights”.
In her statement to the UN, Ditsie commented that she did not know that she was making history. Nevertheless, this was surely a historical moment for the LGBTI-community and the UN.
2000
Sexual orientation added for the first time ever to a General Assembly Resolution
In 2000 the first reference ever to sexual orientation made its way into the General Assembly Resolution on Extrajudicial, Summary or Arbitrary Executions (EJE).
This resolution calls upon States to ensure the effective protection of the right to life of all persons under their jurisdiction, and to investigate promptly and thoroughly all killings, including those based on sexual orientation. The reference to sexual orientation cannot be taken for granted, however. The resolution has been introduced to the General Assembly every two years, and in 2010 an amendment removing sexual orientation from the resolution was proposed. Only after an extensive mobilization effort by civil society and those member states opposing the amendment, the reference to sexual orientation was restored in the resolution.
2005
First joint statement mentioning sexual orientation at the Commission on Human Rights
On behalf of 32 states, New Zealand presents the first joint statement mentioning sexual orientation to the Commission on Human Rights.
The statement condemned the continuing threats and discrimination on the basis of sexual orientation, stating that it goes against human dignity. It also called for all states to exercise due dilligence to prevent, investigate, prosecute and punish the perpretrators of violence committed based on sexual orientation. The full statement can be found here.
2006
First joint statement on human rights violations based on SOGI at Human Rights Council
On December 1, 2006 Norway presented the first joint statement on human rights violations based on sexual orientation and gender identity (SOGI) at the Third Session of the Human Rights Council on behalf of 54 states.
The statement reaffirmed that extensive evidence had been brought to the Human Rights Council of human rights violations based on sexual orientation and gender identity. It also commended the role of the Special Procedures, treaty bodies and civil society, and urged the Human Rights Council to keep paying due attention to such human rights violations.
2008
Joint statement on human rights, sexual orientation and gender identity at the General Assembly
On December 18, 2008 Argentina presented a joint statement on human rights violations based on sexual orientation and gender identity (SOGI) at the General Assembly on behalf of 66 states.
In this extensive statement, 66 states reaffirmed the principles of universality of human rights and non-discrimination, including on the basis of sexual orientation and gender identity, expressed their deep concerns for ongoing violations of human rights and fundamental freedoms and urged states to take legislative or administrative measures to ensure that SOGI may under no circumstances be the basis for criminal penalties, in particular, executions, arrests or detention. The full statement can be found here.
2008
UN LGBTI Core Group established
In 2008 the UN LGBTI Core Group was established to focus on LGBTI-rights in an intergovernmental context. The main goals of the group are to raise awareness about LGBTI issues, to contribute to multilateral work and negotiations at the UN, and to seek common ground and dialogue with non-members and other stakeholders. Almost 15 years after its establishment, the LGBTI Core Group now is made up of 42 member states from both the global south and north, the European Union, the OHCHR, Human Rights Watch, and Outright International. Currently, the group is co-chaired by Argentina and the Netherlands.
2011
First resolution mentioning SOGI adopted at Human Rights Council
On June 17, 2011 the first resolution on human rights, sexual orientation and gender identity (SOGI), A/HRC/RES/17/19, was adopted by the Human Rights Council.
This resolution specifically asked the High Commissioner for Human Rights to document discriminatory laws and practices and acts of violence against individuals based on SOGI. It was adopted with support from 23 countries from all around the world. The call led to an extensive report on human rights violations and discriminatory laws based on SOGI, which were now unequivocally documented in the UN context.
2012
“Gender Identity” added to General Assembly Resolution
‘Gender identity’ is added to the General Assembly Resolution on Extrajudicial, Summary or Arbitrary Executions (EJE), ten years after the same resolution first mentioned sexual orientation. The resolution text can be found online here.
2013
UN Free & Equal campaign launched by OHCHR
Launch of the United Nations global campaign against homophobia and transphobia, the UN Free & Equal Campaign.
The campaign was initiated by the United Nations Human Rights Office, with support from UN member states and stakeholders outside the UN. It is an unprecedented global UN public information campaign aimed at promoting equal rights and fair treatment of LGBTI persons. It reaches people all over the world through social media, videos, impactful graphics and plain-language fact sheets. Over the years it has also included the participation of several celebrities and impactful people, including U.S. singer Ricky Martin, South African musician Yvonne Chaka Chaka and Bollywood actress Celina Jaitly. Since 2013, dozens of campaigns have been launched under the Free & Equal Campaign, ranging from personal stories of inspirational LGBTI-persons to education about human rights.
2015
First meeting focusing on LGBT rights at Security Council
The first Security Council Arria Formula Meeting focusing on LGBT rights was held in 2015, cohosted by Chile and the United States.
The meeting was held particularly to discuss the situation of LGBT persons in conflict settings in the Middle East. This historic meeting was a signal that violence based on sexual orientation or gender identity is deemed unacceptable and that discussions regarding the protection of LGBT persons from violence have a place in the Security Council.
2016
Independent Expert on SOGI mandate is created
In June 2016 the resolution A/HRC/RES/32/2 creating the mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity was adopted by the Human Rights Council.
The Independent Expert on SOGI has a broad mandate, and some examples include assessing the implementation of human rights standards, addressing the root causes of violence based on SOGI, and identifying best practices. These are captured in thematic reports that are presented to the Human Rights Council and General Assembly.
The position was first held by Vitit Muntarbhorn (Thailand), and is currently held by Victor Madrigal-Borloz (Costa Rica).
2019
First time intersex issues are addressed in Human Rights Council resolution
In March 2019, the Human Rights Council passed resolution A/HRC/RES/40/5 on discrimination of women and girls in sports, including women born with variations of sex characteristics.
The resolution expresses concern about discriminatory rules and regulations in sports, including those that require women and girls to reduce their hormone levels if they are considered to be too high, by undergoing humiliating and sometimes harmful medical procedures. It specifically addressed the eligibility regulations for female classification in sports, published by the International Association of Athletics Federations in 2018. The resolution presented by South Africa, also calls upon States to ensure that sporting associations and bodies implement policies and practices in accordance with international human rights norms and standards, and refrain from developing and enforcing policies and practices that force, coerce or otherwise pressure women and girl athletes into undergoing unnecessary, humiliating and harmful medical procedures in order to participate in women’s events in competitive sports, and to repeal rules, policies and practices that negate their rights to bodily integrity and autonomy.
2021
SOGI explicitly mentioned in second-ever GA resolution
In December 2021, the General Assembly adopted resolution A/RES/76/176, becoming the second resolution of the General Assembly that explicitly mentions sexual orientation and gender identity.
The resolution “Strengthening the role of the United Nations in the promotion of democratization and enhancing periodic and genuine elections”, introduced by the United States, urged member states to take measures to eliminate laws, regulations and practices that discriminate against citizens in their right to participate in public affairs, based (amongst others) on SOGI. The resolution was cosponsored by 87 states.
2022
Rosanna Flamer-Caldera v Sri Lanka
The UN Committee on the Elimination of Discrimination against Women (CEDAW) found that Sri Lanka breached the rights of Rosanna Flamer-Caldera, the founder and Executive Director of Equal Ground, an organisation defending the rights of LGBTI community in that country.
The case was brought to CEDAW, targeting a Sri Lankan law that criminalizes same sex sexual activity. Flamer-Caldera claimed that the criminalization of female same-sex sexual activity and the concomitant potential for arrest and prosecution amount to discrimination on the grounds of gender and sexual orientation, violating her right to non-discrimination.
CEDAW found that Flamer-Caldera had been subject to gender-based discrimination and violence.
In this landmark decision, CEDAW recommended the decriminalization of same sex sexual activity in Sri Lanka, considering it a breach of the Convention on the Elimination of All Forms of Discrimination against Women.