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Yogyakarta Principles

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Yogyakarta Principles are a set of principles on the application of International Human Rights Law in relation to sexual orientation and gender identity, developed by a group of human rights experts, including Michael O'Flaherty, Asma Jahangir, and Mary Robinson, in Yogyakarta, Indonesia, with the support of the International Commission of Jurists, Human Rights Watch, and the International Service for Human Rights. The principles were launched at the United Nations Palais des Nations in Geneva, Switzerland, and have been endorsed by Amnesty International, the International Lesbian, Gay, Bisexual, Trans and Intersex Association, and the Asian Forum for Human Rights and Development. The development of the principles was influenced by the work of Louis Henkin, Philip Alston, and Manfred Nowak, and has been recognized by the European Court of Human Rights, the Inter-American Commission on Human Rights, and the African Commission on Human and Peoples' Rights.

Introduction

The Yogyakarta Principles provide a framework for understanding the obligations of United Nations member states to protect the human rights of lesbian, gay, bisexual, and transgender (LGBT) individuals, as well as those of intersex persons, and have been widely recognized by human rights organizations, including the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights, and the United Nations Development Programme. The principles are based on the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and other international human rights instruments, such as the Convention against Torture and the Convention on the Elimination of All Forms of Discrimination against Women. The principles have been endorsed by Kofi Annan, Ban Ki-moon, and Michelle Bachelet, and have been recognized by the European Union, the Council of Europe, and the Organization of American States.

Background

The development of the Yogyakarta Principles was a response to the lack of clear guidance on the application of International Human Rights Law to issues of sexual orientation and gender identity, and was influenced by the work of Sonia Corrêa, Richard Goldstein, and Alice Miller, as well as the International Conference on Population and Development, the World Conference on Human Rights, and the Fourth World Conference on Women. The principles were developed through a process of consultation with human rights experts, LGBT organizations, and intersex organizations, including the International Gay and Lesbian Human Rights Commission, the Global Alliance Against Traffic in Women, and the Asian-Pacific Resource and Research Centre for Women. The principles have been recognized by the Supreme Court of India, the High Court of South Africa, and the Federal Court of Australia, and have been cited in cases before the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights.

Principles

The Yogyakarta Principles consist of 29 principles, which provide guidance on the application of International Human Rights Law to issues of sexual orientation and gender identity, and have been recognized by the United Nations General Assembly, the United Nations Security Council, and the United Nations Economic and Social Council. The principles cover a range of issues, including the right to non-discrimination, the right to equality, the right to life, the right to security of person, and the right to freedom from torture, and have been endorsed by Navi Pillay, Zeid Ra'ad Al Hussein, and Michelle Bachelet. The principles also address issues related to LGBT persons, such as the right to marriage and family, the right to health, and the right to education, and have been recognized by the World Health Organization, the United Nations Children's Fund, and the United Nations Educational, Scientific and Cultural Organization.

Implementation

The implementation of the Yogyakarta Principles requires the cooperation of United Nations member states, human rights organizations, and LGBT organizations, including the International Lesbian, Gay, Bisexual, Trans and Intersex Association, the Global Equality Fund, and the Astraea Lesbian Foundation for Justice. The principles have been recognized by the European Union, the Council of Europe, and the Organization of American States, and have been cited in cases before the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights. The implementation of the principles also requires the development of national laws and policies that protect the human rights of LGBT individuals, and has been supported by the United Nations Development Programme, the United Nations Population Fund, and the World Bank.

Impact and Reception

The Yogyakarta Principles have had a significant impact on the development of International Human Rights Law and have been recognized by human rights organizations and LGBT organizations around the world, including the Human Rights Campaign, the Stonewall, and the Trevor Project. The principles have been cited in cases before the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights, and have been recognized by the Supreme Court of India, the High Court of South Africa, and the Federal Court of Australia. The principles have also been endorsed by Kofi Annan, Ban Ki-moon, and Michelle Bachelet, and have been recognized by the European Union, the Council of Europe, and the Organization of American States.

Criticisms and Challenges

Despite the significant impact of the Yogyakarta Principles, there have been criticisms and challenges to their implementation, including from some United Nations member states, such as Russia, China, and Saudi Arabia, which have expressed concerns about the principles' compatibility with national laws and cultural values. The principles have also been criticized by some human rights organizations, such as the Catholic Church, which have expressed concerns about the principles' impact on family values and traditional marriage. However, the principles have been widely recognized by human rights organizations and LGBT organizations, including the International Gay and Lesbian Human Rights Commission, the Global Alliance Against Traffic in Women, and the Asian-Pacific Resource and Research Centre for Women, and have been cited in cases before the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights.

Category:Human rights