Forum: Human Rights Council II
Measures to Ensure
Equal Rights For LGBT
Persons
Student Officer: Bryan Tang
Position: Head Chair
Introduction
Throughout history, there have been many people prosecuted
for their gender, sexual identity, sexual orientation, and for not
fitting into the dichotomies of the simple male and female
gender roles.
LGBT people are often victims of discrimination, violence,
imprisonment, and sometimes even torture and execution. This
happens everywhere, from the everyday workplace and school
playground, to the intolerance of certain religious extremists.
Until only recently have there been glimpses of hope for the
LGBT community, where they received a large number of
support. The increasing tolerance of these minorities can be
most notably seen through the recent legalization of same-sex
marriage in America, and the overwhelming support of Bruce
Jenner’s decision to coming out as the now Caitlyn Jenner.
Definition of Key Terms
To understand the complexity of the LGBT
individuals, one must understand that these are
independent from one another:
- Sex: the biological and physical chromosomes that
determine a child as a male or a female when born
- Gender identity: what an individual identifies as
(what pronoun they would like to be called)
- Sexual orientation: what type of people an
individual is attracted to
- Sexual behaviour: what an individual does that
may or may not contradict their sexual orientation
Topic Summary / Overview
LGBT persons have always been subjects of unequal treatment and
discrimination, such is the case for these misfortunate individuals (among
the many):
The case of Robert Eads- Eads was an American transman who began
transitioning in the late 1980s. With the help of testosterone therapy and
other surgeries, he gradually gained what he wanted, a male physique. In
1996, after severe abdominal pain and vaginal bleeding, Eads realized he
had ovarian cancer. Embarrassed and seeking professional help, more than
a dozen doctors refused to treat him on the grounds it might harm their
practice, leading to Eads’ death.
The case of Tyra Hunter- Tyra was a transgender who died after being
refused emergency medical care. Emergency medical employees at the
scene of the accident uttered derogatory slurs and withdrew medical care
after discovering Hunter’s gender did not ‘fit’ his identity. The actions, or
rather, non-actions of the ER staff at the Hospital were similar, providing
inadequate medical attention, and almost neglecting a dying patient.
Major Parties Involved
The LGBT community- Most obviously, LGBT persons
are the ones put into question when their rights are being
debated upon. The LGBT’s needs are simple: equal
treatment and non-discrimination. This applies to the
workplace, medical facilities, and even marriages. These
persons are not seeking to change the view and opinions
of the world, but rather, the equal treatment in all areas of
life. Growing acceptance is not the same as
encouragement of the behaviours of these individuals.
Acceptance is understanding that LGBT persons cannot
change what they are, and that because they are human,
we must respect their rights as we would to all other
human beings.
Governments across the globe- The opinions of the
hundreds of countries, states, and territories cannot be
generalized under one governance, but most if not all have
the same legal issues regarding LGBT discrimination.
Approaching a heightening age of respect and acceptance,
governments are gradually changing laws and legislations
to fit the legal framework required to satisfy the majority
of opinions. Women’s rights, coloured-skinned rights, and
now the LGBT rights, is a slow but transitioning
phenomenon of the increasing acceptance of the
oppressed. Because governments are a reflection of what
their people want and need, laws change. Case in point:
same-sex marriage was legalized in the USA.
Religious faculties and other opposing individualsMore often than not, churches and other individuals who
oppose LGBT persons only occur in the highly
controversial debates of same-sex marriage. In most if not
all other areas, LGBT rights are supported. Opponents
argue that the legalization of gay marriage would erode
religious freedoms and traditions. Furthermore, they
believe that same sex couples raising children may be
neglecting a child the adequate raising that comes from a
biological mother and father. Others also believe such
behaviours are immoral and unnatural, inconsistent with
God’s and nature’s law.
Timeline
May 17, 2004- The first legal gay marriage in USA took place in
Cambridge
April 1, 2001- The world's first legal gay marriage ceremony took
place in the Netherlands.
October 2, 2009- New York Times estimated that same-sex couples
denied marriage benefits will incur an additional $41,196 to $467,562
in expenses over their lifetimes compared with married heterosexual
couples.
August 7, 1995- Death of Tyra Hunter, after being denied adequate
medical attention due to her sexuality.
December, 2008- The first of such discussions regarding LGBT since
the UN was founded
May 17, 2005- 24,000 individuals as well as organizations participated
in the first International Day against Homophobia, Transphobia, and
Biphobia, signing an appeal to support the "IDAHO initiative"
UN Involvement
- Human rights, sexual orientation and gender
identity:
- (A/HRC/17/L.9/Rev.1)
- (A/HRC/RES/17/19)
- (A/HRC/RES/27/32)
- Discriminatory laws and practices and acts of
violence against individuals based on their sexual
orientation and gender identity (A/HRC/19/41)
- Universal Declaration of Human Rights
- United Nations Free and Equal- campaign for
lesbian, gay, bisexual, and transgender equality
Possible Solutions
-
-
-
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A precise yet comprehensive definition must be established to set
forth legislations regarding matters such as same-sex marriage. Is it
logical, ethical, or moral to change the traditions of marriage? If perhaps
it is sacrosanct and only a civil union will be recognized, what steps must
be taken to ensure the benefits are equivalent to ensure equality in all
people?
Steps must be taken to ensure that LGBT individuals can exercise
the same rights as the majority of people. This includes equal
opportunity and receiving of benefits in areas such as education, health
care, and in the workplace.
A clear legal framework to ensure no restrictions are imposed on
LGBT couples will alleviate the many troubles that come from social
benefits, joint tax return, hospital visitation, family health coverage,
residency, inheritance, child custody, child support, and family
reunification.
Prosecution due to sexual identity cannot be left unseen, repealing
laws that criminalize LGBT persons is essential in safeguarding the
rights of all people.
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