Inter-American Commission on Human Rights (IACHR) has, for the first time, referred a case involving an alleged extrajudicial killing of a transgender woman to the Inter-American Court of Human Rights (IACtHR). The IACHR’s referral, filed on April 30, 2019, indicates that trans activist Vicky Hernández was killed – likely by State agents – during a government-imposed curfew in 2009, amid a broader context of attacks against LGBT persons in Honduras, and that the State subsequently failed to adequately investigate her death. [IACHR Press Release] The IACHR describes the case as an opportunity for the Court to “develop jurisprudence on violence against LGBT people, particularly trans women” and to again consider the human rights implications of the 2009 coup d’état in Honduras. [IACHR Press Release] The IACHR referred the case to the Court after determining that Honduras failed to comply with the recommendations set out in its merits report, which was recently made available in English on the IACHR’s website along with the letter of submission to the Court.
Category Archives: LGBTI rights
In another effort to both curtail international human rights oversight and advance a regressive view of reproductive rights, the United States Department of State indicated in late March 2019 that it would reduce its financial support for the region’s human rights bodies, which have urged States to repeal laws that criminalize abortion without any exceptions. [Washington Post; PAI] U.S. Secretary of State Michael Pompeo announced that the U.S. would reduce its regular contribution to the Organization of American States (OAS), a regional intergovernmental organization with 35 Member States, in an effort to target the Inter-American Commission on Human Rights (IACHR) and the Inter-American Commission of Women (CIM). See U.S. Department of State, Remarks to the Press (Michael R. Pompeo, 26 March 2019); Letter from Lankford et al., U.S. Senators, to Michael Pompeo, U.S. Secretary of State, United States Senate (Dec. 21, 2018).
The announcement follows other recent efforts by the U.S. to undermine international human rights protections or oversight, including revoking the International Criminal Court prosecutor’s visa to enter the U.S., and efforts to weaken the recommendations on women’s reproductive health and rights during the 63rd Session of the Commission on the Status of Women. [Reuters: Prosecutor; The Guardian] Read more
In December, several universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports, country visits, and the review of individual complaints. Two United Nations treaty bodies will continue reviewing States’ progress, with regard to the elimination of torture and racial discrimination, in sessions that began last month. Four UN special procedures will conduct country visits in December, and two UN working groups will hold sessions.
Regionally, the African Court on Human and Peoples’ Rights (AfCHPR), the Inter-American Commission on Human Rights (IACHR), and the European Committee of Social Rights (ECSR) will be holding public sessions.
The UN treaty body sessions, the public hearings of the IACHR, and the AfCHPR’s public hearings may be watched via UN Web TV, the IACHR’s website or Vimeo page, and the African Court’s YouTube channel, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more
In the month of September, several universal and regional bodies will be in session to assess States’ compliance with their human rights obligations through the consideration of State and civil society reports, country visits, and the review of individual complaints. Five United Nations treaty bodies will meet in September to engage with States regarding their treaty obligations related to the rights of persons with disabilities; the rights of migrant workers; children’s rights; and economic, social, and cultural rights. The UN Human Rights Council will be in session to review communications as well as thematic and country-specific reports. Seven UN special procedures will conduct country visits focusing on States’ international financial obligations, the rights of persons with albinism, the right to food, the independence of judges and lawyers, adequate housing, cultural rights, and LGBTI issues, respectively. Additionally, the UN working group focused on forced disappearances will be in session.
Regionally, the Inter-American Court of Human Rights (IACtHR), the African Court on Human and Peoples’ Rights (AfCHPR), and the European Committee of Social Rights (ESCR) will all be in session. Finally, the Grand Chamber of the European Court of Human Rights will hear one case related to the prohibition of collective expulsion of aliens and the right to an effective remedy.
The UN treaty body sessions, the public hearings of the European Court, and the public hearings of the IACtHR, may be watched via UN Web TV, the European Court’s website, and the Inter-American Commission’s website or Vimeo, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
On January 9, 2018, the Inter-American Court of Human Rights (IACtHR), the judicial organ of the human rights system in the Americas, published an advisory opinion holding that Member States of the American Convention on Human Rights have an obligation to permit transgender individuals to change their name and gender on identity documents, to recognize same-sex marriage, and to ensure the economic rights of those in same-sex relationships. [IACtHR Press Release (in Spanish only)] See I/A Court H.R., Obligaciones Estatales en Relación Con el Cambio de Nombre, la Identidad de Género, Y los Derechos Derivados de un Vínculo Entre Parejas del Mismo Sexo. Advisory Opinion OC-24/17. 24 November 2017, para. 229 (in Spanish only). In 2016, Costa Rica filed a request for the advisory opinion, asking the Inter-American Court to clarify two questions arising under the American Convention. The first question was whether States are obligated to provide procedures for name, photo, and gender changes in accordance with an individual’s gender identity, and whether Costa Rica’s practices conform with this obligation. The second question was whether States are obligated to recognize the economic rights derived from a bond between same-sex persons. [IACtHR Press Release] See Obligaciones Estatales en Relación Con el Cambio de Nombre, la Identidad de Género, Y los Derechos Derivados de un Vínculo Entre Parejas del Mismo Sexo. 24 November 2017, para. 1. The Inter-American Court answered in the affirmative to Costa Rica’s questions. [IACtHR Press Release] The finding applies to all 23 States parties to the American Convention.
The opinion has received international recognition for its advancement of LGBTQ rights; the recently appointed Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Victor Madrigal-Borloz, has expressed that “the protections described by the Court in this Advisory Opinion will have an extremely positive impact in addressing stigma, promoting socio-cultural inclusion and furthering legal recognition of gender identity.” [OHCHR Press Release] Although Costa Rica is one of several Latin American countries that do not currently permit same-sex marriage, officials from the Costa Rican government are willing to embrace the Court’s opinion, with Costa Rica’s Vice-President Ana Helena Chacón quoted as saying that the decision would be adopted “in its totality.” [Reuters; BBC]. Read more
The Inter-American Commission on Human Rights (IACHR) presented a report on December 5, 2017 that, for the first time in the region, details Member States’ human rights legal obligations to address the situation of poverty and extreme poverty in the Americas through a human rights perspective. See IACHR, Poverty and Human Rights in the Americas (2017), para. 18 (in Spanish only). The Commission’s report acknowledges that poverty is interrelated with certain rights, both civil and political and economic and social, such as the rights to work, education, health, and access to justice, and, therefore, recommends that States focus on ensuring rights for all, including groups in vulnerable situations, as a method for addressing poverty and extreme poverty. See id. at paras. 12, 98, 494. The report also highlights the disproportionate impact of poverty on groups in vulnerable situations; recognizes the barriers to access to justice that poverty presents; and makes recommendations to Member States, such as taking a human rights perspective over a welfare approach to addressing poverty, among others. See id. at paras. 34, 98. Additionally, the report recognizes different definitions of poverty and extreme poverty, although it does not explicitly decide on definitions for each, but the report does state that extreme poverty is a grave problem that impacts the exercise and enjoyment of all human rights. See id. at paras. 2, 18. This is the first report since the IACHR established the mandate of the Special Rapporteur on Economic, Social, Cultural, and Environmental Rights. [IACHR Press Release: ESCER; IJRC] Read more
On December 4, 2017, the United Nations Human Rights Council appointed Victor Madrigal-Borloz as the new Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity to replace Vitit Muntarbhorn, who resigned for personal reasons. [OHCHR Press Release: Announcement] Madrigal-Borloz is expected to begin his term as the new Independent Expert on January 1, 2018. [OutRight International] The Human Rights Council first created this special procedure mandate in a resolution adopted in November 2016 after a controversial debate. [OHCHR Press Release: New Mandate] The mandate is up for renewal in 2019, at which time, assuming the mandate is renewed, Madrigal-Borloz will be able to serve an additional three years. [OutRight International] In addition to being the current Secretary General of the International Rehabilitation Council for Torture Victims, Madrigal-Borloz has served on the Board of Directors of the International Justice Resource Center since 2011. Read more
The United Nations Office of the High Commissioner for Human Rights (OHCHR) recently announced the publication of the Standards of Conduct for Business to fight discrimination against lesbian, gay, bi, trans, and intersex (LGBTI) persons. [OHCHR Press Release] The Standards of Conduct for Business build upon the UN Guiding Principles on Business and Human Rights and the UN Global Compact – which collectively contain UN standards directed at businesses to respect and protect human rights, and remedy rights violations – to offer guidance to companies on how businesses should treat LGBTI people in the workplace and how businesses can promote LGBTI rights in the marketplace and in the community. See UN High Commissioner for Human Rights, Tackling Discrimination against Lesbian, Gay, Bi, Trans, & Intersex People: Standards of Conduct for Business (2017), 1, 5-6. Several businesses, including Accenture, Baker McKenzie, BNP Paribas, The Coca-Cola Company, Deutsche Bank, EDF, EY, Gap Inc., Godrej, IKEA Group, Microsoft, Oath, Orange, SAP, and Spotify, have already shown public support for the Standards of Conduct for Business. [OHCHR Press Release] The commentary from the OHCHR accompanying the Standards of Conduct for Business explains that domestic legal reforms alone are not enough to create inclusive communities, and, therefore, the OHCHR notes that the corporate sector not only has an obligation to respect human rights but also holds significant influence in curbing human rights abuses. See UN High Commissioner for Human Rights, Tackling Discrimination against Lesbian, Gay, Bi, Trans, & Intersex People: Standards of Conduct for Business, 15. The standards also bring together two areas in human rights protection that the international community is increasingly recognizing – businesses’ responsibility to respect, protect, and remedy human rights and violations thereof, and the human rights of LGBTI persons. [IJRC: SOGI; IJRC: Forum] Read more
- Protesters in Hong Kong demonstrated last weekend to call for the release of three pro-democracy activists who were imprisoned last week. [Guardian]
- Maina Kiai, a former United Nations Special Rapporteur and a human rights activist, was detained at the Nairobi airport for two hours before allowed to leave the country last Sunday. [Guardian]
- A Chinese human rights lawyer plead guilty on Tuesday to charges of inciting subversion of state power, but civil society is calling the trial a sham and believe he was forced to confess. [VOA]
Activities of Human Rights Bodies & Experts and Intergovernmental Bodies
- The United Nations Committee on the Elimination of Racial Discrimination issued a decision through its early warning and urgent action procedure that calls on authorities in the United States to denounce racist hate speech and crimes and address the root causes of both. [OHCHR Press Release]
- The United Nations International Labour Organization has created the Global Commission on the Future of Work, which will study the challenges that prevent the creation of decent and sustainable jobs, and the relationship between social justice and work. [UN News Centre]
- The UN Assistance Mission to Iraq released a report this week that calls on the government of Iraq to ensure that women and girls who have survived sexual violence at the hands of ISIL receive care and protection. [OHCHR Press Release]
- India’s Supreme Court ruled this week that the right to privacy is a fundamental right; the ruling also states that sexual orientation is protected by the right to privacy. [Asian Correspondent]
- North Korea indicated this week that the country is building solid-fuel missiles, which can be launched faster and are easier to move. [New York Times]
- A candidate for president in Liberia promised this week that he would establish a war crimes tribunal. [Africa News]
- Last week, torture victims and the psychologists who helped create the United States Central Intelligence Agency’s interrogation program reached a settlement agreement in a lawsuit filed in 2015. [New York Times]
- This week, a source confirmed that the government of Syria executed activist and Internet entrepreneur, Bassel Khartabil Safadi, in October 2015. [Washington Post]
- On Thursday, it was reported that activists launched a public appeal asking the prince of Saudi Arabia to dismiss terrorism-related offenses against 14 Shiite men. [Washington Post]
- On Tuesday, two Venezuelan opposition leaders were taken into custody by security forces as a part of an alleged “expanded crackdown on dissent.” [Washington Post]
- On Wednesday, the European Court of Human Rights rejected a request for release from prison by two Turkish teachers with reportedly grave health conditions connected to their hunger strike, citing no “imminent risk to their lives.” [Al Jazeera]
- This week, two major companies, Apple and Amazon, removed apps used to circumvent censorship in China. [Washington Post]
Migrants, Refugees, & Asylum Seekers
- This week, a court in France ordered the government to provide humanitarian aid to migrants in Calais. [Washington Post]
- Last week, International Organization for Migration Director General, William Lacy Swing, visited northeast Nigeria; the Nigeria Humanitarian Fund allocated $10.5 million to fund 15 life-saving projects in the region. [UN News Centre]
- On Wednesday, the polling company in charge of the election of the Venezuelan political assembly reported that the election results were manipulated and inaccurate by at least one million votes. [Washington Post]
- On Monday, a week before Kenya’s presidential election, Christopher Msando, an election official, was found tortured and killed. [Associated Press]
- On Friday, Leo Varadkar was elected prime minister of Ireland; in addition to being the youngest leader of the country, he is also Ireland’s first gay and first ethnic minority prime minister. [Guardian]