The equality and non-discrimination of sexual minorities (including gay, bisexual, and transgender individuals) is based on two important principles of international human rights law: equality and non-discrimination.

In the Universal Declaration of Human Rights adopted in 1948, it is stated that all human beings are born free and equal in dignity and rights. However, LGBTQ+ individuals and other sexual minorities in most parts of the world do not have sufficient legal protection to ensure equality and non-discrimination in terms of their rights compared to other members of society. Sometimes, their basic human rights are violated in certain countries where the concept of homosexuality does not align with their religious beliefs and values.

These individuals face discrimination in social environments, workplaces, hospitals, schools, etc. and often also experience mistreatment and being expelled from their family environment. In many cases, they are subjected to sexual harassment, sexual violence, and physical and psychological torture in social environments.

Around 76 countries in the world consider homosexuality as a crime based on national and internal laws, and even in cases of full consent and in private settings, they can still be prosecuted. Homosexual individuals in these countries are constantly under threat, surveillance, trial, imprisonment, and in some countries, even subject to execution. This is despite the fact that in addition to the prohibition of execution in the International Covenant on Civil and Political Rights, the Human Rights Committee has also recognized in its interpretations the absolute prohibition of torture, both physical and mental, as a violation of freedom and human rights, and also acknowledges the harm to the mental security of individuals.

Concerns in these cases and the associated violence have been repeatedly expressed by United Nations mechanisms in support of human rights in this organization since 1990. These mechanisms include the treaty bodies, whose purpose is to monitor the implementation of international treaties on human rights by governments. Special rapporteurs and independent experts of the United Nations, appointed to investigate and prepare reports on major human rights challenges, have also been mentioned in this position in the former Human Rights Commission and today’s successor, the Human Rights Council.

In 2011, the Human Rights Council expressed deep concern in its resolutions about violence and discrimination against individuals based on their sexual orientation and gender identity. Although the need for effective measures to end these acts of violence and discrimination in various countries has been recognized, it has not yet been universally accepted at the international level.

In June 2011, the United Nations Human Rights Council adopted Resolution 19/17, the first UN resolution on sexual orientation and gender identity. This resolution paved the way for the first official UN report on this subject, prepared by the Office of the High Commissioner for Human Rights. The report found evidence of sexual violence and discrimination against individuals around the world based on their sexual orientation. These cases included discrimination in employment, access to healthcare and education, criminalization of same-sex relationships, and physical attacks, torture, and execution of individuals.

What is certain is that governments must adhere to their international commitments regarding respect for the right to life, respect for the individual’s right to security and privacy, the right to be free from torture, arbitrary detention and imprisonment, the right to be free from discrimination, and the freedom of expression for all individuals regardless of their identity or sexual orientation.

Five fundamental commitments of governments in relation to protecting the rights of sexual minorities:

1- “این کتاب برای تمام سطوح آموزشی مناسب است.”
“This book is suitable for all educational levels.”

Protection of individuals against violence.‌

“Caused by.”

Homosexual.

Fear and Transience of Fear.

Violence stemming from hatred against other individuals of a different gender is usually carried out by non-government actors – whether individuals belonging to private organizations, organized groups, or extremist organizations. However, the failure of government officials to investigate and punish such acts of violence is equivalent to the government’s negligence in fulfilling its commitment to protect the rights of individuals to life, liberty, and personal security, as outlined in human rights documents.

Universal Declaration of Human Rights.

Article 3: Everyone has the right to life, liberty, and personal security.

The Covenant on Civil and Political Rights.

Article 6: The right to life is an inherent human right. This right must be protected by law. No one can arbitrarily deprive a person of their life.

Article 9: Everyone has the right to freedom and personal security.

International treaty regarding the status of refugees.

Article 33, Clause 1: None of the parties shall in any way expel or return a refugee to territories where their life or freedom may be threatened on account of race, religion, nationality, membership of a particular social group or political opinion.

2- Two

Preventing torture, mistreatment, inhumane behavior, and discrimination towards sexual minorities.

Governments are obligated under international rules to support individuals against torture and inhumane treatment. This includes the government’s commitment to prevent torture and other inhumane behaviors, as well as their obligation to provide compensation for victims. The following documents express this matter:

Universal Declaration of Human Rights

Article 5: No one shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment.

International Covenant on Civil and Political Rights.

Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

Convention against Torture

Article 1, Paragraph 1: In this convention, the term torture refers to any act that intentionally causes severe mental or physical pain and suffering to individuals.

Article 2, Clause 1: Each member country is obligated to implement all effective measures, including legislative, administrative, judicial, and others, to prevent torture throughout its territory under its jurisdiction.

3- Three.

Decontamination of.

Homosexuality.

Laws that criminalize homosexuality increase the likelihood of violating other laws; laws that are separate but related. These laws violate individuals’ rights to be free from discrimination, as mentioned in the following materials:

Universal Declaration of Human Rights

Article 2: All human beings are entitled to all rights and freedoms set forth in the Declaration, without any distinction or discrimination based on race, color, language, gender, and so on.

Article 7: All humans are equal before the law and have the right to receive equal protection of the law without discrimination.

Article 9: No one can be arbitrarily detained or imprisoned.

International Covenant on Civil and Political Rights.

Article 2, Clause 1: The parties to this covenant are committed to respecting the recognized rights in this covenant for all individuals residing within their jurisdiction, without any discrimination based on race, gender, etc., and to guarantee the rights of all individuals.

Article 26: All individuals are equal before the law and are entitled to equal protection of the law without any discrimination.

Preventing discrimination based on sexual orientation.

4- . (There is no text provided in Farsi to translate)

Freedom from discrimination is the right of every human being. This right has been officially recognized in the following materials and documents.

Universal Declaration of Human Rights

Article 2 and Article 7.

International Covenant on Civil and Political Rights

Article 2, Clause 1 and Article 26.

International Covenant on Economic, Social, and Cultural Rights.

Article 2: Member states are committed to ensuring the implementation of the rights mentioned in this covenant without any discrimination based on race, gender, etc.

Convention on the Rights of the Child

Article 2: Prohibition of discrimination based on gender.

5-.

Respect for freedom of speech, the right to freely form assemblies and peaceful gatherings.

Universal Declaration of Human Rights

Article 19: Everyone has the right to freedom of thought and expression.

Article 20: Everyone has the right to freely assemble in a peaceful manner.

International Covenant on Civil and Political Rights.

Articles 19, 20 and 22: Emphasizing the right to freedom of expression and peaceful assembly.

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Protection of sexual minorities from violence and discrimination is clearly stated in international human rights documents and interpretations by United Nations bodies. All countries are obligated to adhere to these international documents and failure to do so is considered a violation of human rights and can result in international responsibility for governments.

Discrimination based on gender can never be a basis for violating human rights, and individuals of different genders should have equal rights and live in safety and peace, with their freedoms recognized. Equality, in another sense, should lead to equal opportunities for all humans, and gender should not be a barrier to social activities, job attainment, and participation in political roles.