FORUM: General Assembly 3. Social, humanitarian and cultural.
ISSUE: Eliminating discrimination based on sexual orientation
STUDENT OFFICERS: Martina Ruiz, Belén Ciocca
Summary
The elimination of discrimination based on sexual orientation is, and has been for several
decades now, a multifaceted struggle involving diverse parties all across the globe. LGBTQ+
individuals, advocacy organizations, and governments in several countries pursue equality
and social justice for these groups who, simply because of their identities, oftentimes
struggle to access employment, education, healthcare, or housing the same way a
heterosexual peer would, with bigger differences being seen more often in rural areas than
in urbanized regions. The conversation surrounding this issue remains crucial as societies
evolve towards greater inclusivity and equity.
Definition of Key Terms
Discrimination
Unjust or prejudicial treatment of a person or group, esp. on the grounds of race, gender,
sexual orientation, etc.1
Sexual orientation
A person's identity in relation to the gender or genders to which they are sexually attracted.2
Homophobia
The fear, hatred, discomfort with, mistrust, or mistreatment of people who are lesbian, gay,
bisexual, or other sexual orientations different from heterosexual; to those who don’t align
with heteronormativity.3
LGBTQIA+
Acronym referring to the non-heterosexual, non-cisgender community. Meaning “lesbian,
gay, bisexual, transgender, queer, intersex, asexual/aromantic, others”.
Heteronormativity
The belief that heterosexuality is the human default sexual orientation. Heteronormativity
implies a view of sexuality as strictly procreative and responding to a gender binary that
aligns biological sex, gender identity, gender expression, gender roles, and sexual
orientation, within a rigid, dichotomic, complementary, male-female gender schema.4
Hate crime
A crime, usually violent, motivated by prejudice, hatred or intolerance of a particular social
group on the basis of ethnicity, religious beliefs, sexual orientation, or similar grounds.5
1
Oxford English Dictionary. (n.d.) Discrimination. Retrieved September 22, 2023, from
https://www.oed.com/search/dictionary/?scope=Entries&q=discrimination
2
Oxford English Dictionary. (n.d.) Sexual Orientation. Retrieved September 22, 2023, from
https://www.oed.com/search/dictionary/?scope=Entries&q=sexual+orientation
3
Planned Parenthood. (n.d.) What is homophobia?. Retrieved September 22, 2023, from
https://www.plannedparenthood.org/learn/sexual-orientation/sexual-orientation/what-homophobia
4
Imperato, C., others. (2021) Heteronormativity and the Justification of Gender Hierarchy:
Investigating the Archival Data From 16 European Countries. Retrieved September 22, 2023, from
https://www.frontiersin.org/articles/10.3389/fpsyg.2021.686974/full
5
Oxford English Dictionary. (n.d.) Hate crime. Retrieved September 22, 2023, from
https://www.oed.com/search/dictionary/?scope=Entries&q=hate+crime
Issue Overview
The problem of eliminating discrimination based on sexual orientation is a form of ensuring
the fundamental human rights principles “universality, indivisibility, equality and
non-discrimination, participation, accountability”6, and also building more solid communities.
All around the globe, and especially in some countries, the LGBTQ+ community faces
significant challenges that make their pursuit of equality, acceptance, and non-discrimination
a continuous struggle. Moreover, the lack of legal production for homosexual individuals
results in minimizing self-esteem and the ability to open up, or commonly known as “coming
out”7.
There should be a focus on this problem as these challenges have been manifested in
various negative forms, including discrimination, violence, hate crimes, legal inequalities,
social exclusion and much more. All together is creating a hostile, belligerent and
unwelcoming environment for the LGBTQ+ people.
Historical Background
The historical background of the issue remotes to the very beginnings of society where there
was huge inequalities because of sexual orientation and discrimination characterized
society, and nowadays, still does.
Moreover, it has been found that the elimination of historical references to lesbianism and
homosexuality have contributes to its segregation. The enforced invisibility of homosexuality
have contributed to the normalization of heterosexuality, causing the oppresion of
homosexuals and spreading a message that they are not normal and should not “come out”8.
The beginnings of the fight for LGBTQ+ Rights is credited to the New York’s Stonewall
Uprising in 1969. During that period of time, all American states, except one, criminalized
same-sex sexual intimacy, also no state recognized homosexual relationships and prohibited
6
UNSDG | Human Rights-Based Approach. (n.d.). United Nations Sustainable Development Group.
Retrieved September 23, 2023, from
https://unsdg.un.org/2030-agenda/universal-values/human-rights-based-approach
7
History of Discrimination Against Gays and Lesbians - Egale. (1995, January 1). Egale Canada.
Retrieved September 23, 2023, from
https://egale.ca/egale-in-action/history-of-discrimination-against-gays-and-lesbians/
8
Ibid.
the discimination based on sexual orientation9. Over the years this has changed and
nowadays the LGBTQ+ community embrace a jurisdiction that recognizes them and
provides protections against sexual orientation discrimination.
Latest Events
Uganda and “anti-gay laws”
In Uganda, the “Anti-Homosexuality Act” was signed into law last May. This act
penalizes acts related to homosexuality and same-sex marriage with life imprisonment, and
encourages the death penalty for “aggravated homosexuality” – this being having sex with a
minor or another vulnerable person, while HIV positive or incest. This act is overall harmful
and has brought international criticism, reinforcing stereotypes and homophobic thoughts
conservatives use as arguments to defend their “anti-homosexuality”.
Brazil and homophobic slurs
The Brazilian Supreme Court voted last month to make homophobic slurs punishable
by up to 5 years in prison. Brazil is nowadays the deadliest country in the world for LGBTQ+,
more specifically, transgender people.
Hong Kong and the recognition of same-sex couples
In Hong Kong, the top court asked the government to create ‘legal recognition’ for
same-sex partnerships “to provide them with a sense of legitimacy, dispelling any sense that
they belong to an inferior class of persons whose relationship is undeserving of recognition.”.
Canada and travel warnings
After record-high anti-LGBTQ+ action and rise in violence towards queer individuals
in the United States, Canada issued travel warnings for its LGBTQ+ citizens planning trips to
the American country.
9
Davidson, J. W. (2022, July 5). A Brief History of the Path to Securing LGBTQ Rights. American Bar
Association. Retrieved September 23, 2023, from
https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/intersection-of-l
gbtq-rights-and-religious-freedom/a-brief-history-of-the-path-to-securing-lgbtq-rights/
Major Countries and Organizations Involved
United States of America
A significant player in the global LGBTQ+ rights movement, with key historical events such
as the Stonewal Riots in 1969 —event that shaped the modern LGBTQ+ rights movement—,
and the legalization of same-sex marriage in 2015.
Canada
With official documents such as the Charter of Rights and Freedoms, and other actions like
the legalization of same-sex marriage in 2005, Canada remains at the forefront of the fight
for equality for LGBTQ+ people.
Netherlands
As the first country in the world to legalize same-sex marriage in 2001, the Netherlands set a
crucial precedent for other nations.
United Kingdom
Home to key activist organizations, the United Kingdom stands strong in the struggle, with
strong anti-discrimination policies and intentions of educating the British population and
spreading awareness.
Human Rights Campaign (HRC)
Based in the United States, present globally, the HRC works on the issue through its multiple
aspects, like the workplace, healthcare, and anti-discrimination legislation.
ILGA World
The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) is a global
federation of LGBTQ+ organizations. It plays a crucial role in advocating for LGBTQ+ rights
at an international level.
Stonewall
UK-based, known worldwide for its work in education, campaigning and advocacy for
equality for queer people in the United Kingdom and all around the world.
GLAAD
American non-profit organization focused on media advocacy, aiming to ensure accurate
representation of queer identities in the media.
Timeline of Events
Date Description of Event
June 28th, 1969 Stonewall Uprising: six days of clashes between
LGBTQ+ protesters and the police. It is a turning point the
LGBTQ+ movements and presents a new era of
activism10.
1978 The International Lesbian, Gay, Bisexual, Trans and
Intersex Association is established. It currently has a
consultative status in the United Nations Economic and
Social Council11.
1979 Homosexuality is removed from the Diagnostic and
Statistical Manual of Mental Disorders12.
1989 Denmark becomes the first country to legally recognize
homosexual couples13.
2001 Netherlands becomes the first country to legalize
homosexual marriage14.
2010 Argentina is the first country in Latin America that
legalizes same-sex marriage15.
July, 2013 The UN launched a campaign to promote equal rights and
fair treatment of LGBTQ+ people16.
10
Research Guides: LGBTQIA+ Studies: A Resource Guide: 1969: The Stonewall Uprising. (n.d.). Library of
Congress Research Guides. Retrieved September 22, 2023, from
https://guides.loc.gov/lgbtq-studies/stonewall-era
11
ILGA website. (n.d.). ILGA World. Retrieved September 22, 2023, from https://ilga.org/about-us
12
Homosexuality is not a disease. (n.d.). World Association for Sexual Health (WAS). Retrieved September 22,
2023, from https://worldsexualhealth.net/homosexuality-is-not-a-disease/
13
Same-sex marriage. (n.d.). Wikipedia. Retrieved September 22, 2023, from
https://en.wikipedia.org/wiki/Same-sex_marriage
14
Gay Marriage Around the World. (2023, June 9). Pew Research Center. Retrieved September 22, 2023, from
https://www.pewresearch.org/religion/fact-sheet/gay-marriage-around-the-world/
15
Ibid.
16
LGBTQI+ | United Nations. (n.d.). the United Nations. Retrieved September 22, 2023, from
https://www.un.org/en/fight-racism/vulnerable-groups/lgbtqi-plus
February, 2018 In Afghanistan a new Penal Code came into force that
criminalized same-sex sexual conducts17.
April, 2020 As Saudi Arabia criminalizes LGBTQ+ people, in April the
police arrested a blogger fighting for LGBTQ+ rights and
equality. While being imprisoned 10 months he was
beaten and tortured, then he was deported18.
May, 2020 The Hungarian parliament passed a law that stops the
legal recognition for transgender and intersex people,
therefore, they can not legally change their gender19.
2022 The Russian Federation established a law that penalizes
any distribution of materials that support non-traditional
sexual relationships20.
17
Bruce, E., & Paoli, L. (2020, December 6). ENG-CovArtboard 1. ILGA World. Retrieved September 22, 2023,
from
https://ilga.org/downloads/ILGA_World_State_Sponsored_Homophobia_report_global_legislation_overview_upd
ate_December_2020.pdf
18
Saudi Arabia. (n.d.). Human Dignity Trust. Retrieved September 22, 2023, from
https://www.humandignitytrust.org/country-profile/saudi-arabia/
19
Hungary Ends Legal Recognition for Transgender and Intersex People. (2020, May 21). Human Rights Watch.
Retrieved September 22, 2023, from
https://www.hrw.org/news/2020/05/21/hungary-ends-legal-recognition-transgender-and-intersex-people
20
LGBT rights in Russia. (n.d.). Wikipedia. Retrieved September 22, 2023, from
https://en.wikipedia.org/wiki/LGBT_rights_in_Russia
Relevant UN Treaties and Events
A/HRC/RES/41/18
On July 19th 2019, the Human Right Council adopted a resolution in regards to the
“Mandate of the Independent Expert on protection against violence and discrimination based
on sexual orientation and gender identity”. This resolution extends the mandate to three
years, it also requests the Secretary-General and the United Nations High Commissioner for
Human Rights to provide the Independent Expert with resources in order to comply with its
duties.
A/HRC/RES/40/5
On March 21st 2019, the Human Rights Council adopted a resolution addressing the
“elimination of discrimination against women and girls in sport”. It expresses concerns about
rules requiring female athletes with differences of sex development, androgen sensitivity and
levels of testosterone to lower their testosterone levels, which can potentially be violating
several human rights. It recognizes that sport discrimination against women because of their
race, gender and more, are reinforcing stereotypes, racism, sexism and more. It calls upon
States to ensure their sporting associations adhere to human rights norms, policies and
standards.
A/HRC/RES/32/2
On June 30th 2016, the Human Rights Council adopted a resolution about the “protection
against violence and discrimination based on sexual orientation and gender identity”. It
reaffirms that all human beings are born free and equal in dignity and rights, no matter any
distinctions (sex, race, color, religion, etc.). Moreover, it strongly disapproves of acts of
violence and discrimination because of sexual orientation or gender identity. It states the
appointment of an Independent Expert.
Past Action
UN Free & Equal
In July 2013, the Office of the United Nations High Commissioner for Human Rights
launched a campaign called UN Free & Equal, so as to promote public information about
equal rights and fair treatment of LGBTQ+ people21. Some examples are promoting a
Bollywood music video that depicts the believe that everyone should be welcomed despite of
their sexual preferences22.
UN Resolutions and Independent Expert
The UN Human Rights Council has taken a step forward in regards to the issue and decided
to adopt several treaties in order to tackle the issue. Moreover, it has appointed an
Independent Expert on protection against violence and discrimination based on sexual
orientation and gender identity, so as to develop researches, reports and raise awareness to
the different states of the current situation and future measurements of the LGBTQ+ rights.
Inter-governmental level and National Action Plans
Due to the constant awareness of the UN General Assembly, the UN Human Rights Council
and the Office for the High Commissioner for Human Rights about the protection of LGBTQ+
rights, the issue is receiving attention at an inter-governmental level23. Moreover, the Council
of Europe has stated that National Action Plans are extremely important in order to create
effective tools to protect and improve not only the rights, but also the conditions of the
LGBTQ+ community.
21
LGBTQI+ | United Nations. (n.d.). Op. cit.
22
The Welcome - United Nations Free & Equal. (2014, April 30). YouTube. Retrieved September 22, 2023, from
https://youtu.be/lihVCIFamb0
23
LGBTQI+ | United Nations. (n.d.). Op. cit.
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https://www.oed.com/search/dictionary/?scope=Entries&q=hate+crime
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https://www.oed.com/search/dictionary/?scope=Entries&q=sexual+orientation
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homophobia
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