Embrace diversity and energize humanity 2017, para. 32

Paragraph
Paragraph text
The criminalization of consensual same-sex relations between adults of the same sex violates States’ obligations under international law, including the obligation to protect privacy and to guarantee non-discrimination. Such violations occur even when the law is not enforced. As such, arrests and detentions on the basis of sexual orientation, gender identity or expression are to be considered arbitrary. The imposition of the death penalty for offences related to homosexuality violates the right to life as it does not pass the qualification criteria of “most serious crimes”, as provided for in article 6 of the International Covenant on Civil and Political Rights. Criminalization of same-sex relations also fuels stigma, legitimizes prejudice and exposes people to family and institutional violence and further human rights abuses such as hate crimes, death threats and torture. All such provisions should be repealed.
Legal status
Non-negotiated soft law
Body
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
  • Equality & Inclusion
  • Gender
  • Governance & Rule of Law
Person(s) affected
  • Families
  • LGBTQI+
Year
2017
Paragraph type
Other
Paragraph focus
Decriminalization of consensual same-sex relations and gender identity (covering also gender expression)
Paragraph number
32