OUTfront! Lesbian, Gay, Bisexual and Transgender Human Rights


Human Rights and the Rights of Lesbian, Gay, Bisexual and Transgendered People

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In 1948 the United Nations adopted the Universal Declaration of Human Rights (UDHR) which proclaims the "inherent dignity and... the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world."

Human rights are the inalienable rights that a person has simply because he or she is a human being. This means that you cannot lose these rights any more than you can cease being human. Human rights are indivisible which means that you cannot be denied a right because it is "less important" than another right. Human rights are also interdependent. This means that all human rights complement each other and depend upon one another. For example, the right to participate in government is directly affected by the right to free expression, to get an education, and even to obtain the necessities of life.



Human rights are also defined as those basic standards that people need to live in dignity. To violate someone's human rights is to treat that person as less than a human being. To advocate for human rights is to demand that the human dignity of all people be respected. In claiming these rights, everyone also accepts the responsibility not to infringe on the rights of others and to support those whose rights are abused or denied.

Since the adoption of the UDHR, the concept of human rights has entered international law and popular consciousness in much of the world. At the same time, lesbian, gay, bisexual, and transgender (LGBT) people are subject to human rights abuses in countries in every region of the world. The violations LGBT people face include killing, imprisonment, harassment, torture, and abuses such as practices aimed at forcibly "changing" their sexual orientation. In many countries, the refusal of governments to address violence committed against LGBT people creates a culture of impunity where such abuses can continue and escalate unmitigated. Often, such abuses are committed by the state authorities themselves, with or without legal sanction.

While the UDHR and subsequent international human rights documents do not explicitly mention sexual orientation or gender identity, evolving conceptions of international human rights law include a broad interpretation to include the rights and the protection of the rights of LGBT people around the world. These include successful legal arguments based on the rights to privacy (UDHR, Article 12; ICCPR2 #17), equality (UDHR, Article 7; ICCPR #26), and freedom from discrimination (UDHR 7, ICCPR #2). And given the nature and range of human rights violations against LGBT people documented worldwide, other UDHR articles such as Freedom from Arbitrary Arrest (Article 9), Right to Asylum (Article 14), Right to Life, Liberty and the Security of Person (Article 3), Right to Freedom from Torture and Degrading Treatment (Article 5), and Right of Peaceful Assembly and Association (Article 20) have also been successfully referenced in human rights caseworks involving LGBT people.

While homosexual relationships continues to be criminalized in many countries (where punishment can include the death penalty), and real or perceived homosexuality often constitute the basis of a violent act against a person, there is a growing global movement to recognize the rights of LGBT people and the need to combat these human rights violations. One of the most powerful ways to promote the continued evolution of LGBT human rights and to interrupt the cycle of violence against LGBT people is through education. Learning about human rights and learning how to respect others and defend their human rights is fundamental to creating a culture that supports the human rights of all.

1Based primarily on Donahue, David M. Lesbian, Gay, Bisexual and Transgender Rights: A Human Rights Perspective, a curriculum designed for Middle to High School students and educators and co-published by Amnesty International OUTfront, GLSEN and the University of Minnesota Human Rights Center. Minnesota: Human Rights Resource Center, 2000.
2The International Covenant on Civil and Political Rights. For this and other human rights documents, visit the University of Minnesota Human Rights Center.