UN Human Rights Council
59^th session – Item 3
L.2 – General Comment

Mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity

EU General Comment

Mr. President,

I have the honor to speak on behalf of the EU Member States that are members of this Council. This general comment has been agreed by the EU as a whole.

Every human being is born free and equal in dignity and rights. Every one. Yet, around the world, individuals continue to face violence, discrimination, harassment, and stigmatization on a daily basis because of their sexual orientation and gender identity. Yet, in many countries consenting same-sex relationships are criminalized, with a few still retaining even the death penalty as a legal punishment. A punishment of individuals for simply who they are and whom they love. 

Despite worrying setbacks in recent years, progress continues. We thank the independent expert for being at the forefront of efforts to combat such violence and discrimination worldwide. We continue our efforts to enable the UN mandate holders, including the Independent Expert to make progress in having access to a range of countries, and foster a climate of dialogue, crucial to help overcome fears and misconceptions and to allow for fact-based recommendations.

Mr. President,

Approaches on sexual orientation and gender identity as well as this mandate still vary considerably. But one thing all States should always share is the commitment to core principles of international human rights law, such as universality of all human rights, protection of equality and human dignity and non-discrimination. This resolution seeks upholding those principles. It is not about establishing new special rights for certain individuals or a new system of a special protection. It is about the equal protection of all individuals against violence and discrimination under the existing international human rights law and in line with the principles of the Universal Declaration on Human Rights. We again stress that sexual orientation and gender identity are among prohibited grounds of discrimination under international human rights law.

In line with the Vienna Declaration and Plan of Action, we also recall that cultural, traditional or religious values cannot be invoked to justify any form of discrimination, including discrimination against LGBTI persons.

Since its creation in 2016, the mandate has been striving for dialogue, providing recommendations on the implementation of the existing international human rights obligations, with the aim of eliminating violence and discrimination and seeking justice for victims. It has never advocated the creation of any new rights.

. In a constructive manner, the core group decided to proceed with a purely procedural text, without expanding the scope of the mandate, despite the alarming rates of violence, discrimination, and stigmatization against LGBTI persons worldwide. We thank them for leading open, transparent and inclusive negotiations and for extensive consultations with relevant stakeholders, including form civil society. The EU has backed the work of the core group in the negotiations. We have actively engaged in outreach and aimed to increase the support for the resolution.

Mr. President,

The EU stands with all LGBTI persons around the world, will continue to speak up for their full and equal enjoyment of all human rights and will not compromise.

The safety of the majority has never been secured by suppressing the minority. The moment we permit discrimination or violence against individuals of any group, the safety of all is at risk.

We encourage all of you here to continue, through constructive dialogue and cooperation, to strive together for fairer, more inclusive and sustainable societies, based on equality, non-discrimination and full and equal enjoyment of all human rights of all human beings. This requires consensus.

I thank you.