BMCC MUN 2.
2 𝑛𝑑 | 3rd February 2024
UNITED NATIONS HUMAN RIGHTS
COUNCIL
Agenda - “Deliberation on rights of LGBTQ+
Community”
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Table of Content
S. no Content Pg no.
1 About UNHRC 3
2 Researching Tips 3
3 Proofs accepted in the committee 4
4 Information on the agenda 6
5 Key terms 7
6 Key issues 9
7 Major Decisions by countries on the LGBTQ+ 11
community
8 Questions to consider 13
9 List of participating countries 14
10 Bibliography 15
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About the UNHRC
The Human Rights Council is the main intergovernmental body within the United
Nations responsible for human rights. The United Nations Human Rights Council
(UNHRC) is a subsidiary body of the UN General Assembly and was established
in 2006 to replace the UN Commission on Human Rights, which operated from
1946 to 2006. It is responsible for strengthening the promotion and protection of
human rights around the globe.
The Council, composed of 47 Member States, provides a multilateral forum to
address human rights violations and country situations. It responds to human rights
emergencies and makes recommendations on how to better implement human
rights on the ground. The Human Rights Council holds no fewer than three regular
sessions a year, for a total of at least ten weeks. They take place in
February-March, June-July, and September-October. Sessions can be three, four, or
five weeks long, depending on the program of work. If one-third of the Member
States request it, the Human Rights Council can decide at any time to hold a
special session to address human rights violations and emergencies.
Researching Tips:
● Read the Background Guide very carefully. Every word has some importance.
This should be done as the first step while researching.
● After going through the Background guide, delegates should prepare a research
binder (a file containing relevant facts) on the agenda. Important information
should be backed by UN reports, government reports or other proofs mentioned on
the next page.
● After thoroughly going through relevant articles on the agenda, try to understand
your country’s stance on the particular topic. This is known as foreign policy. Any
word you speak on the committee should be in accordance with your country’s
foreign policy.
● Further, the delegate should begin lobbying and try to come up with topics that
can be taken up in the committee.
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● Your speeches will mainly be evaluated on 3 aspects i.e. Research, Analysis, and
Impact. Make sure to focus on each of them to deliver a perfect speech.
○ Research: You need to be well-versed with the agenda and your country’s
policies.
○ Analysis: Your research needs to be backed up by a unique analysis. This will
help you figure out solutions as well.
○ Impact: The effect your statements have on the committee is also an integral part
of your marking. This also includes your lobbying and guidance to the committee.
● Do not hesitate to ask any doubts you may have regarding the proceedings of the
committee. We would be more than happy to resolve your queries.
Proofs accepted by the committee:
News Sources- Any Reuters' article which clearly makes mention of the
fact stated or is in contradiction of the fact being stated by another delegate in
council can be used to substantiate arguments in the committee.
News Agencies - These reports can be used in the support of or against the
State that owns the News Agency. These reports, if credible or substantial
enough, can be used in support of or against any country as such but in that
situation, they can be denied by any other country in the council. Some
examples are The Guardian, BBC (United Kingdom), Al Jazeera (Qatar),Wall
Street Journal, WION,CRUX,Vice.
Government Reports - These reports can be used in a similar way as the
State Operated News Agencies reports and can, in all circumstances, be
denied by another country. However, a nuance is that a report that is being
denied by a certain country can still be accepted by the Executive Board as
credible information. Some examples are 1. Government Websites like the
State Department of the United States of America. 2. Permanent
Representatives to the United Nations Reports. 3. Multilateral Organizations
like NATO, ASEAN and others.
United Nations Report - All UN Reports are considered credible
information or evidence. 1. UN Bodies like the UNSC 2. UN Affiliated
Bodies like the International Atomic Energy Agency, World Bank,
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International Monetary Fund, International Committee of the Red Cross etc.
3. Treaty-Based Bodies like the Antarctic Treaty System, the International
Criminal Court.
Sources like Wikipedia, Amnesty International, Human Rights
Watch or newspapers like the Times of India,Times now etc. will
strictly not be accepted as PROOF/EVIDENCE. However, we are
by no means stopping any delegate to use these sources for better
understanding of any issue.
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Information On the Agenda
Introduction:
The human rights situation of lesbian, gay, bisexual, transgender (LGBT),
and intersex persons remains a matter of grave concern worldwide, with
continuing, serious, and widespread violations perpetrated against individuals
based on their sexual orientation, gender identity, and sex characteristics.
These violations, which are too often met with impunity, include killings,
violent attacks, torture, arbitrary detention, denial of rights to assembly and
expression, and discrimination in accessing health care, education,
employment, and housing.
Discriminatory criminal laws are often used to harass and punish LGBT
people, including laws criminalizing consensual same-sex relationships,
which violate rights to privacy and freedom from discrimination.
Discriminatory treatment can take place in a range of everyday settings,
including workplaces, schools, family homes, and hospitals. Without national
laws prohibiting discrimination by third parties on grounds of sexual
orientation and gender identity, such discriminatory treatment continues
unchecked, leaving little recourse to those affected. In this context, a lack of
legal recognition of same-sex relationships or a person’s gender identity can
also have a discriminatory impact on many LGBT individuals.
Historical Context:
The historical context of the LGBTQ+ rights movement is marked by a complex
and multifaceted struggle for equality, recognition, and fundamental human rights.
The roots of the movement can be traced back to the mid-20th century when
individuals began to openly challenge societal norms and discrimination based on
sexual orientation and gender identity. One pivotal event was the Stonewall Riots
of 1969 in New York City, a series of spontaneous, violent demonstrations by the
LGBTQ+ community against police harassment and discrimination. The riots are
often considered a catalyst for the modern LGBTQ+ rights movement, sparking
activism and advocacy for equal rights worldwide.
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Throughout the following decades, the LGBTQ+ rights movement gained
momentum, with activists fighting against discriminatory laws, advocating for
decriminalization, and promoting societal acceptance. Milestones include the
declassification of homosexuality as a mental illness by the American Psychiatric
Association in 1973 and the gradual decriminalization of same-sex relationships in
various countries. The late 20th and early 21st centuries witnessed significant
progress, with many countries legalizing same-sex marriage, adopting
anti-discrimination laws, and recognizing the rights of transgender individuals.
However, challenges persist, and the struggle for LGBTQ+ rights remains an
ongoing global endeavor. The historical context of the LGBTQ+ rights movement
reflects a continuous journey toward inclusivity, equality, and the acknowledgment
of diverse identities.
Progress:
Over the past few decades, significant strides have been made globally in
advancing LGBTQ+ rights. One notable achievement is the legalization of
same-sex marriage in numerous countries, reflecting a growing acceptance of
diverse relationships. Many nations have also implemented anti-discrimination
laws and policies, providing legal protections for LGBTQ+ individuals in various
aspects of life, including employment, housing, and public services. The increasing
visibility and representation of LGBTQ+ individuals in media, politics, and other
sectors contribute to fostering inclusivity and challenging stereotypes.
Furthermore, the efforts of advocacy groups and grassroots movements have led to
greater awareness and acceptance, promoting a shift in societal attitudes toward
greater tolerance and understanding.
Key Terms:-
Gender Identity :
Gender identity reflects a deeply felt and experienced sense of one’s gender.
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LGBTQ+ Community :
LGBTQ is an acronym meaning lesbian, gay, bisexual, transgender, and
queer or questioning. The term sometimes is extended to LGBTQIA, to
include intersex and asexual groups.
Gay/Lesbian Community:
The adjective describes people whose enduring physical, romantic, and/or
emotional attractions are to people of the same gender. Sometimes lesbian is
the preferred term for women.
Bisexual Community:
Individuals who are romantically, emotionally, and/or physically attracted to
multiple sexes/genders.
Transgender Community:
Transgender is an umbrella term used to describe people with a wide range of
identities – including transsexual people, cross-dressers (sometimes referred
to as “transvestites”), people who identify as third gender, and others whose
appearance and characteristics are perceived as gender atypical and whose
sense of their gender is different to the sex that they were assigned at birth.
Queer Community:
An adjective used by some people whose sexual orientation is not exclusively
heterosexual or straight. This umbrella term includes people who have
nonbinary, gender-fluid, or gender-nonconforming identities.
Outing:
Involuntary disclosure of someone's LGBTQ identity without their consent
can lead to social, emotional, or physical consequences.
Microaggressions:
Subtle, often unintentional, verbal or behavioral expressions of
discrimination or bias that contribute to a hostile environment.
Hate Crime:
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Criminal acts committed against individuals or groups because of their
perceived sexual orientation or gender identity
Intimate Partner Violence (IPV):
Abuse or violence within a romantic or intimate relationship can affect
LGBTQ individuals as well.
Stigmatization:
The process of marking individuals or groups as different or deviant,
contributes to social discrimination
Key Issues:-
Persistent Challenges:
Despite the progress, persistent challenges continue to impede the full realization
of LGBTQ+ rights globally. Discrimination and violence against LGBTQ+
individuals remain prevalent in numerous regions, with reports of hate crimes,
harassment, and even state-sanctioned persecution.
Many countries still uphold discriminatory laws criminalizing same-sex
relationships or restricting gender expression, posing serious threats to the safety
and well-being of LGBTQ+ communities. Transgender individuals face particular
challenges, including barriers to healthcare, legal recognition, and high rates of
violence. Additionally, societal stigma and cultural norms in some areas perpetuate
discrimination, hindering the ability of LGBTQ+ individuals to live authentically
and without fear. The global struggle for LGBTQ+ rights underscores the ongoing
need for advocacy, education, and policy changes to address these persistent
challenges and ensure equal rights for all.
Current Challenges:
1. LGBTQ+ community exposed to violence.
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Criminalization, discriminatory attitudes, harassment by police,
stigma, ill-treatment in detention and medical settings, lack of
protective legislation, absence of complaints mechanisms, lack of trust
in law enforcement officials and awareness by judicial operators still
result in impunity for perpetrators and make it difficult for victims of
human rights violations to access effective remedies and support.
2. Ill-treatment and torture are enforced upon the LGBTQ+
community.
Physical examinations, so-called “conversion” therapy, forced or
coerced sterilization of transgender persons, and medically
unnecessary procedures performed on intersex children and adults
without their consent.
3. Criminalization against LGBTQ+ Identification.
Consensual same-sex relationships remain a crime in 73 countries,
which exposes individuals to the risk of arrest, blackmail, and
extortion, and feeds stigma, discrimination, and violence.
4. Discrimination on the basis of sexual orientation, gender identity,
and sex characteristics.
LGBTI people are more likely to be unemployed and to live in poverty
than the general population. Many in the LGBTI community work in
the informal sector and lack access to paid sick leave, unemployment
compensation, and coverage.
5. Safeguarding International Human Rights for the LGBTQ+
Community.
6. Inaccessibility of quality health services and de-prioritization.
7. Domestic violence and abuse.
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Major Decisions by Countries on the
LGBTQ Community
1. The Republic of India
The recent past has been turbulent for Lesbian Gay Bisexual and Transgender
(LGBT) people and Gay Rights in India. The Delhi High Court's landmark
judgment in July 2009, which read down Section 377 of the Indian Penal
Code, was a major victory. It held that Section 377 was violative of Articles
21, 14, and 15 of the constitution, as it criminalized consensual sexual acts of
adults in private. The judgment struck down a 19th-century law that the
police used to threaten and blackmail LGBT people. Violation of the law is
punishable by a fine and imprisonment.
2. The United States of America
The promotion of human rights, including the human rights of LGBTQI+
persons, remains central to U.S. foreign policy. Every day, the U.S.
Government is working to advance the human rights of LGBTQI+ persons in
furtherance of President Biden’s Presidential Memorandum on Advancing
the Human Rights of LGBTQ+Persons Around the World.
3. The Commonwealth of Australia
In Australia, there is no separate human rights treaty focusing on sexuality
and gender rights but LGBTI people have the right to enjoy all human rights
available to other members of the community. In particular, people who are
LGBTI enjoy the fundamental rights of non-discrimination and equality
before the law. The United Nations Human Rights Committee has been very
clear that the principle of non-discrimination and equality before the law
protects LGBTI people under international law.
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4. Luxembourg
Legal LGBTI inclusivity in Luxembourg has more than doubled over the past
two decades. As of 2019, Luxembourg performs better than the OECD
average concerning laws protecting LGBTI individuals against
discrimination. Since 2015, Luxembourg same-sex couples have been treated
on an equal footing relative to different-sex couples concerning access to
civil marriage and adoption, although they are not fully entitled to the same
rights regarding access to assisted reproductive technology. LGBTI-inclusive
laws should come along with significant efforts to make LGBTI individuals
better represented and visible in national statistics.
5. Germany
For the first time in the country's history, Germany has appointed a commissioner
for the acceptance of sexual and gender diversity. Green Party lawmaker Sven
Lehmann will oversee an LGBTQ+ national action plan.
6. Canada
The 2SLGBTQI+ Action Plan will advance rights and equality for LGBTQ+
gender-diverse people in Canada. Guided by this approach, the Action Plan focuses
on the following priority areas over the next five years:
a) Prioritize and sustain 2SLGBTQI+ community action.
b) Continue to advance and strengthen 2SLGBTQI+ rights at home and abroad.
c) Support Indigenous 2SLGBTQI+ resilience and resurgence.
d) Engage everyone in Canada in fostering a 2SLGBTQI+ inclusive future.
e) Strengthen 2SLGBTQI+ data and evidence-based policy-making.
f) Embed 2SLGBTQI+ issues in the work of the Government of Canada.
In 2022 Act to Amend the Criminal Code (Conversion Therapy) became a law.
7. Iran
Iran is one of only six countries that impose the death penalty for same-sex relations. The
death penalty can and has been applied to juvenile LGBTQ individuals. Flogging and
imprisonment are also imposed for many same-sex acts and cross-dressing.
Iceland, Norway, the Netherlands, Sweden, and Canada are the top five most accepting
countries, and acceptance has increased over time.
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Questions to Consider:-
1. How to protect the LGBTQ+ community from violence?
2. How to prevent ill-treatment regarding physical examinations,
conversion therapy, and forced or coerced sterilization of
transgender persons?
3. Decriminalization of the LGBTQ+ community in your country.
4. How to prohibit discrimination based on sexual orientation and
gender identity?
5. How to safeguard the rights of the community internationally as
well as locally?
6. How will the government look into official recording of
criminalized cases related to the community?
7. What are the ways to provide fair treatment and equal access to
health services to the LGBTQ+ community?
8. In what ways can employment be generated for the LGBTQ+
community without discrimination?
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List of participating countries:-
1. The Republic of India
2. The United States of America
3. The United Kingdom
4. Russian Federation
5. Canada
6. South Africa
7. Iran
8. Luxembourg
9. Mexico
10.Brazil
11.Syria
12.Saudi Arabia
13.Malaysia
14.Spain
15.Nepal
16.Republic of Panama
17.Japan
18. Australia
19. Philippines
20.The French Republic
21.Germany
22.Netherlands
23.El Salvador
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Bibliography:-
● https://www.ohchr.org/sites/default/files/Documents/Publications/LivingFreeAndEqual.p
df
● https://www.ohchr.org/sites/default/files/Documents/Issues/Discrimination/LGBT/FactSh
eets/unfe-11-UN_Fact_Sheets_GenderIdentity_English.pdf
● https://www.ohchr.org/sites/default/files/Documents/Publications/Born_Free_and_Equal_
WEB.pdf
● https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/int
ersection-of-lgbtq-rights-and-religious-freedom/a-brief-history-of-the-path-to-securing-lg
btq-rights/#:~:text=The%20modern%2Dday%20movement%20for,fought%20back%20a
gainst%20police%20harassment.
● https://www.cfr.org/article/changing-landscape-global-lgbtq-rights
● https://women-gender-equality.canada.ca/en/free-to-be-me/federal-2slgbtqi-plus-action-pl
an/federal-2slgbtqi-plus-action-plan-2022.html
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● https://humanrights.gov.au/our-work/lgbti/projects/lesbian-gay-bisexual-trans-and-interse
x-equality#drelevanthumanrightstandards
● https://www.ohchr.org/en/press-releases/2023/05/uk-keep-calm-and-respect-diversity-say
s-un-expert
● https://luxembourg.public.lu/en/emoxies/gay-pride.html
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