CRINMAIL 1328

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Upholding the human rights of LGBT people

May 17th marked the 2013 International Day Against Homophobia and Transphobia (IDAHO), which saw activists around the world promote the rights of lesbian, gay, bisexual and transgender (LGBT) people. But in the wake of the celebrations it becomes clear that the LGBT community faces severe obstacles to their enjoyment of their human rights.

The following is a brief review of the main human rights issues concerning the LGBT community, including children, as raised by human rights advocates. It also features a number of notable achievements in the recognition and advancement of LGBT people’s rights.  

Ongoing concerns

The freedom of expression organisation, ARTICLE 19, identified a number of concerning trends of recent years that particularly affect LGBT people’s civil and political rights, including:

• Bans on “homosexual propaganda”, which have either been enforced or proposed in Russia, Moldova, Ukraine, Hungary, Lithuania and Uganda, and constitute a violation of the rights to freedom of expression, peaceful assembly and equality of LGBT people and their supporters;
• Widespread impunity for attacks on LGBT human rights defenders including threats, intimidation, violence and murder, fostering a climate of fear that inhibits expressions of sexual orientation or gender identity; and
• Attempts by a number of States to uphold “traditional values” and “protection of the family”, which are vague and ambiguous notions often invoked to justify abuse of LGBT people’s rights and the rights of other minority and vulnerable groups.

The European Union Agency for Fundamental Rights launched a report following the largest survey on the experiences of violence and discrimination against LGBT people. Over 93,000 people took part in the survey, and its findings include:

• Eighty per cent of LGBT people suffer bullying and harassment from school age onwards;
• A high level of under-reporting of violent incidents, with just 22 per cent of these reported to the police; and
• Over half of respondents say government officials use offensive language against the LGBT community.

Specifically in the case of transgender children, the Sexual Rights Initiative has sought to raise awareness that transphobia, prejudice and harassment starts at school and can force transgender schoolchildren to drop out. When transgender children experience prejudice beyond the school grounds, including within the family, it can also lead to homelessness, pushing them into sex work, and increasing their risk of contracting sexually transmitted infections, including HIV. The organisation also says transphobia and discrimination can deter transgender youth from seeking health services, including sexual and reproductive health services, which particularly affects trans boys and survivors of sexual and gender-based violence.

Recent progress

Despite the setbacks and ongoing problems, important strides towards equality have also been made. So far in 2013 alone, New Zealand, Uruguay and France all legalised gay marriage, with the French Parliament also making adoption by same-sex couples legal.

As regards LGBT children, a new law banning so-called “conversion therapy” for children came into force in California, United States, in January this year. Conversion therapy attempts to change a person’s sexual orientation, mainly same-sex attraction, based on the belief that homosexuality is a disorder or an illness, and claims to treat people with counselling and psychotherapy.  “Efforts to change minors’ sexual orientation are not therapy; they are the relics of prejudice and abuse that have inflicted untold harm on the young [LGBT] Californians,” said Clarissa Filgioun from the advocacy group, Equality California. 

There has also been significant progress in some parts of the world to combat transphobia and promote equality. In May 2012, Argentina became the first country in Latin America to legally recognise that gender identity is not defined by biology, but by “the internal and individual lived experience of gender, as felt by each person.” A new law allows both adults and children to change their gender identity on official documents without first having to undergo sex-reassignment surgery, a procedure now offered under the public health-care system. 

Meanwhile in Toronto, Canada, new school district rules will allow transgender students to decide how they wish to be addressed in school according to their stated gender, without first needing to produce documents that justify the identity choice.  Accordingly, school staff are required to meet with students at the start of the academic year to discuss which names and pronouns should be used in schools' communications with parents.

The need to foster equality in schools is paramount, as according to the experiences of LGBT people, discrimination and harassment usually begins at school. To respond to the problem, anti-bullying policies should be enforced and teachers should be trained on how to deal with situations of bullying against LGBT students. Educators play a central role in preventing bullying, and this is precisely why discussion of LGBT issues should be encouraged in the classroom: to help to foster a more respectful learning environment, not to mention the acceptance of diversity. To this end, UNESCO has prepared an “IDAHO lesson” plan for primary and secondary school teachers, which provides resources according to student ages, advises on how to handle tricky questions and deal constructively with discriminatory and stigmatising statements. It also suggests organisations that students can turn to for advice and support.  

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LATEST NEWS AND REPORTS

Over 20 boys die following circumcision ritual

Twenty-three boys, aged between 13 and 21, died in South Africa last week after being circumcised during coming-of-age rituals. The police department of Northern Mpumalanga province has opened over 20 murder cases. Yet this is not an isolated incident, as several hundred circumcision-related deaths have been recorded in South Africa in recent years during ceremonies that are common among the Xhosa, Sotho and Ndebele ethnic groups. Full story.

The International NGO Council on Violence Against Children includes non-therapeutic male circumcision performed on children within its report on harmful practices based on tradition, culture, religion or superstition. You can download the report which is available in  Arabic, English, French, Russian and Spanish.

Lawsuit over unconsented sex-reassignment of child

In the first case of its kind in the United States, the adoptive parents of a child born with both male and female reproductive organs are suing doctors and the South Carolina child welfare agency for performing sexual-reassignment surgery on the child without informed consent. Doctors and state department officials decided that the child, M.C., should undergo genital surgery to resemble a female infant. Now aged eight, M.C. identifies as a boy.

The lawsuit alleges the defendants committed medical malpractice by not obtaining informed consent before proceeding with the surgery, as M.C.'s guardians at the time of the surgery were not told about the risks involved, including sterilisation and reduced sexual function. Doctors subjected M.C. to the surgery "without notice or a hearing to determine whether the procedure was in M.C.'s best interest," said the legal advocacy organisation, the Southern Poverty Law Center (SPLC), which is representing the adoptive parents. In addition, "there was no medical reason to perform this surgery, which robbed M.C. not only of his healthy genital tissue but also of the opportunity to decide what should happen to his own body," said SPLC. Full story.

The Sexual Rights Initiative has commented  on the issues of agency, self-determination and participation of intersex children. Read more here.

Additionally in a CRIN position paper, we express our views on children’s right to health, including their right be heard in issues concerning their health. We also emphasise children’s right to access information and to give informed consent to medical procedures or treatment affecting them, as well as the availability of complaints mechanisms for children who become victims of any medical intervention or treatment that constitutes an abuse of their rights. Download the paper here.

New drug regulations to benefit terminally ill

In Ukraine new regulations on access to pain medicines will dramatically reduce suffering for patients with incurable illnesses. Previously, patients with severe pain were denied adequate medical treatment, as morphine - which acts for just four to six hours -  was only available through injection, and could only be administered by health care workers. This meant that people living at home while suffering chronic pain were routinely denied relief, as home visits were rarely made more than twice a day, if at all. But under the new regulations, patients are to be given a 15-day supply of medications to take home. More on the story.

Teacher beats pupil to death 

In India, an eight-year-old boy has died after his teacher slapped him repeatedly, dragged him by the ear and knocked his head against the wall “for creating nuisance in class”. Despite the extent of the violence, the child was not allowed home until the end of the school day, some three hours after the incident. He died two days later in hospital from suspected internal bleeding. The case follows the recent death of another student in India after his teacher allegedly hit him on the head for not completing his homework. Full story.

Parliament halts debate on women’s rights law

In Afghanistan, a debate by MPs on strengthening a law to prevent violence against women was halted after 15 minutes amid angry protests by traditionalists calling for the law to be scrapped. The law, which has now been temporarily withdrawn, bans violence against women, child marriages and forced marriages, and was passed by presidential decree in 2009, without MPs' approval. But the decision now to seek parliamentary approval has split activists, who say opening it up for debate could allow for conservatives to amend it and weaken protection for women, or revoke it altogether. More on the story. 

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CHILDREN'S RIGHTS WIKI: Spotlight on Colombia

In this week's Children's Rights Wiki, we look at the persistent violations of children's rights in Colombia: http://wiki.crin.org/mediawiki/index.php?title=Colombia

• Extrajudicial executions;
• Enforced disappearances of children;
• Children continue to be victims of torture, cruel and degrading treatment;
• Sexual violence;
• Recruitment of children in the armed conflict by FARC-EP and ELN and lack of demobilisation measures;
• Insufficient sex education;
• Sexual and reproductive health: in spite of the decision by the Constitutional Court to decriminalise abortion where the pregnancy represents a risk to the life or health of the mother, in cases of serious malformation of the foetus or in cases of rape, the incidence of illegal and unsafe abortions and related maternal mortality remain high, and the lack of access to legal abortion and sexual and reproductive health services for women and girls;
• High illiteracy rates among Afro-Colombian and indigenous children;
• Birth registration: an estimated 20 per cent of children born in the State Party are not registered, in particular in remote areas and indigenous, afro-Colombian peoples and internally displaced persons;
• High rates of malnutrition, particularly among women and children in internally displaced communities;
• Trafficking of children;
• Lack of sufficient protection for children, particularly Afro-Colombian and indigenous children, in the general climate of insecurity and displacement;
• The minimum age for marriage is too low and discriminatory, as it is set at 12 years for girls and 14 years for boys;
• Environmental health problems caused by aerial fumigation of coca plantations;
• High incidence of children victims of extrajudicial killings, homicides and massacres as a consequence of the armed conflict; 
• High rate of drug use among children;
• The detention of children in facilities which fail to comply with international standards; 
• Education: the quality of education remains low in the public system and disadvantages vulnerable groups in society. The inclusion of human rights education in school curricula remains insufficient. The recurrent usage of schools by State armed forces and the establishment of military bases near schools creates military targets for illegal armed groups, making it impossible for children to receive education. The persistence of hidden costs for administrative fees and costs for uniforms, materials and transport, which is demonstrated in an increasingly high dropout rate among vulnerable groups in society, in particular in rural areas. 

For more information on these persistent violations, visit: http://crin.org/resources/infoDetail.asp?ID=26427&flag=report 

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UPCOMING EVENTS

Latin America: International seminar on mental health and juvenile justice
Organisation: Defence for Children International Brazil et al.
Date: 27-28 May 2013 
Location: São Paulo, Brazil
More details here.

Policy: Public policies supporting positive parenthood - new policy perspectives
Organisation: ChildONEurope et al. 
Date: 23 May 2013 
Location: Florence, Italy
More details here. 

Trafficking: Introductory and advanced training courses in safeguarding children
Organisation: ECPAT UK 
Date: 30 May and 13 June 2013 
Location: London, United Kingdom 
More details here.

Justice sector reform: Applying human rights based approaches
Organisation: International Human Rights Network
Date: 10-14 June 2013 
Location: Maynooth, Ireland
More details here. 

Family support: Engagement & participation in family support
Organisation: UNESCO Child and Family Research Centre
Date: 13-14 June 2013 
Location: Galway, Ireland
More details here. 

Summer school: International children's rights
Organisation: Leiden University
Application deadline: 1 July 2013 
Course dates: 26-30 August 2013
Location: Leiden, Netherlands
More details here. 

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EMPLOYMENT 

ActionAid International: Youth Programme Coordinator
Location: London, Nairobi or Johannesburg 
Application deadline: 23 May 2013 
More details here.  

UNICEF: Consultant for regional evaluation of child care system reforms (CEE/CIS)
Location: N/A
Application deadline: 24 May 2013 
More details here. 

Hague Conference on Private International Law: Legal Officer
Location: The Hague, Netherlands
Application deadline: 31 May 2013 
More details here.

Bangladesh Legal Aid and Services Trust: Internships
Location: Dhaka, Bangladesh 
Application deadline: 10 August 2013
More details here.

Raising Voices: Programme Manager (Violence Against Children Prevention) 
Location: Kampala, Uganda 
Application deadline: Until filled 
More details here.

ChildFund International: Child Protection Specialist
Location: Richmond, Virginia, United States
Application deadline: Until filled
More details here.

Save the Children: Senior Child Protection Specialist (Latin America & Middle East)
Location: Washington DC, United States
Application deadline: Until filled
More details here. 

The Last Word

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