Date: Fri, 30 Jun 1995 08:07:00 -0400 From: tim@magi.com (Timothy Ross Wilson) Eric Heinze's Model International Convention on Sexual Orientation "I. PREAMBLE Considering that the Charter of the United Nations is based on the principles of the inherent dignity and equality of all human beings, and that all Member States have pledged to take joint and separate action, in co-operation with the Organization, towards the achievement of one of the purposes of the United Nations, which is to promote and encourage universal resect for and observance of human rights and fundamental freedoms for all, without distinction of any kind, Considering that the Universal Declaration of Human Rights and subsequent international instruments affirm that respect for human rights and fundamental freedoms is due to all, without distinction of any kind, Considering that the prohibitions of discrimination embodied in the Universal Declaration of Human Rights and subsequent international instruments extend especially to groups of people bearing a history of widespread, systemic discrimination, for which such categories as race, color, ethnicity, sex, language, religion, national or social origin, property, or birth are intended by such instruments to serve indeed as prominent, but not as exclusive examples, Considering that the Universal Declaration of Human Rights and subsequent international instruments affirm fundamental rights of personhood, privacy, liberty, equality, conscience, expression, and association for all, Recognizing that rights against discrimination on the basis of sexual orientation are fundamental to personhood, privacy, liberty, equality, conscience, expression, association, and other vital human interests, Recognizing that persecution on the basis of sexual orientation constitutes a vast chapter of the chronicle of human rights violations throughout the world, Recognizing that, despite universal injunctions against discrimination of any kind, acts of violence and repression against sexual minorities persist, waged or tolerated by governments throughout the world, Recalling the duty of the international community not only to apply human rights equitably, but also to promote enlightenment about discrimination and injustice, It is hereby agreed that II. GENERAL CODE Article II.1 Basic Concepts For the purposes of the present Declaration, 1. Sexual orientation denotes real or imputed acts, preferences, or lifestyles, or other forms of expression, association, or identity, of a sexual or affective nature, in so far as these conform to or derogate from a dominant heterosexual norm. Within this framework, a. heterosexuality denotes a sexual orientation directed toward members of the opposite sex; b. homosexuality denotes a sexual orientation directed toward members of the same sex; c. bisexuality denotes a sexual orientation directed toward members of both sexes; d. asexuality denotes apparent absence of sexual drive; e. transsexualism denotes a psychological gender identity of the sex opposite to the original anatomical sex, characterized by completion of, or the compelling desire to undergo, medical sex-change procedures aimed at bringing the anatomical sex into conformity with the psychological sex; f. transgenderism denotes a psychological gender identity of the sex opposite to the biological sex, characterized by adoption of, or desire to adopt, behavioral traits of the opposite sex; g. intersexualism and hermaphrodism denote ambiguities in anatomical sexual characteristics, possibly requiring medical intervention for the purpose of bringing anatomical sex into conformity with psychological sex. 2. Discrimination on the basis of sexual orientation, includes any distinction, exclusion or restriction, in law or practice, based on actual or perceived derogation from a dominant heterosexual norm, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms. 3. Sexual minorities denote people whose sexual orientation derogates from a dominant heterosexual norm, and, in particular, those subject to discrimination on the basis of their sexual orientation. 4. Special measures taken for the sole purpose of securing equality of all persons on the basis of sexual orientation shall not be considered discrimination, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved. Article II.2 Basic Principles 1. Sexual orientation is fundamental to human personhood and dignity. 2. Everyone is entitled to all human rights, including civil, political, social, economic and cultural rights, equally, without distinction on the basis of sexual orientation. 3. States shall, to the extent consistent with the rights of all to conscience, belief, and expression, condemn discrimination on the basis of sexual orientation, and shall pursue by all appropriate means and without delay a policy of eliminating such discrimination in all its forms and promoting enlightenment about sexual orientation, and to this end, a. States shall undertake to engage in no act or practice of discrimination on the basis of sexual orientation against persons, groups of persons, or institutions, and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation; b. States shall undertake not to sponsor, defend or support discrimination on the basis of sexual orientation by any persons or organizations; c. States shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating discrimination on the basis of sexual orientation; d. States shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, discrimination on the basis of sexual orientation; e. States shall recognize organizations, movements, and other means of eliminating discrimination, misinformation and prejudice about sexual orientation; f. States shall take all appropriate measures to eradicate prejudices and practices based on the idea of the superiority of a dominant heterosexual norm. III. SPECIAL CODE Article III.1 Privacy 1. No person shall, on the basis of sexual orientation, be subjected to arbitrary or unlawful interference with that person's privacy, family, home or correspondence, nor to unlawful attacks on that person's honor and reputation. 2. Everyone has the right to the protection of the law against such attacks. Article III.2 Expression 1. Everyone, without distinction on the basis of sexual orientation, shall have the right to hold opinions without interference. 2. Everyone, without distinction on the basis of sexual orientation, shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary, making no distinction on the basis of sexual orientation, a. For respect of the rights or reputations of others; b. For the protection of national security or of public order (ordre public), or of public health or morals. Article III.3 Association 1. Everyone, without distinction on the basis of sexual orientation, shall have the right to freedom of association with others. 2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law, without distinction on the basis of sexual orientation, and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful, non-discriminatory restrictions on members of the armed forces and of the police in the exercise of this right. Article III.4 Thought and Conscience 1. Everyone, without discrimination on the basis of sexual orientation, shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of one's choice. 2. No person, on the basis of his or her sexual orientation, shall be subject to coercion which would impair that person's freedom to choose a religion or belief. 3. All States shall take effective measures to prevent and eliminate discrimination on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms. All States shall make all efforts to enact or rescind legislation where necessary to prohibit any such discrimination, and to take all appropriate measures to combat intolerance on the grounds of religion or other beliefs in this matter. Article III.5 Criminality 1. No law shall prohibit or regulate sexual practices solely on the basis of sexual orientation. a. Any laws or State practices the purpose or effect of which is to regulate sexual conduct shall apply equally to all, without distinction on the basis of sexual orientation. b. Police harassment or monitoring of persons solely on the basis of those persons' actual or imputed sexual orientation shall be abolished. 2. Doctrines professing the inherent proclivity of persons, based on their sexual orientation, toward criminality, shall be excluded from law enforcement policies and from the methods and training of law enforcement officials. 3. States shall take all appropriate measures to eliminate violent or other crimes committed against persons on the basis of sexual orientation. a. "Hate" crimes based on minority or similar status shall include crimes committed against persons on the basis of their sexual orientation, and shall be prosecuted and punished accordingly. b. The policies and methods of law enforcement agencies shall include detailed and accurate information about any criminal acts apparently committed against persons on the basis of their sexual orientation. Article III.6 Employment and Training 1. States shall take all appropriate measures to eliminate discrimination on the basis of sexual orientation in the field of employment, in order to ensure, on the basis of equality, a. The right to work as an inalienable right of all human beings; b. The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment; c. The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining including apprenticeships, advanced vocational training and recurrent training; d. The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work. 2. In particular, States shall take all appropriate measures to eliminate discrimination on the basis of sexual orientation, judging instead only the relevant qualifications of individual workers or applicants, in the armed forces, civil services, State security agencies, primary educational and child care facilities, physical and mental health facilities, and other areas of public employment. 3. Appropriate and effective legal redress shall be provided for employees facing harassment from superiors or colleagues on the basis of their sexual orientation. Article III.7 Education States shall take all appropriate measures to eliminate discrimination on the basis of sexual orientation in the field of education, in order to ensure, on the basis of equality, a. The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training; b. The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging types of education which will help to achieve this aim, and, in particular, by the revision of textbooks and school programs and the adaptation of teaching methods, but only to the extent consistent with the rights of all to conscience, belief, and expression; c. The same opportunities to benefit from scholarships and other study grants; d. The same opportunities to participate in sports and physical education; e. Access to specific educational information to help to ensure the psychological as well as physical health and well-being of pupils, students and their families, including information and advice on problems concerning sexual orientation. Article III.8 Child Custody and Visitation Rights of child custody and visitation, consistent with the best interests of children, shall be determined solely on the basis of demonstrably relevant qualifications for child care, without distinction on the basis of the sexual orientation of parents or guardians. Article III.9 Housing and Accommodations The equal right of all people to access to permanent or temporary housing and basic accommodations shall not be denied on the basis of sexual orientation. Article III.10 Health Care 1. The right of equal access to physical and psychological health care for all shall not be abridged on the basis of sexual orientation. 2. States shall encourage, where appropriate, efforts to meet particular physical or psychological needs arising from problems concerning sexual orientation. Article III.11 Social Services 1. The right of equal access to social services for all shall not be abridged on the basis of sexual orientation. 2. States shall encourage, where appropriate, efforts to meet particular social needs arising from problems of sexual orientation. Article III.12 Youth 1. States shall take all appropriate measures, consistent with the rights of all to conscience, belief, and expression, to eliminate prejudices and customary and all other practices which expose youth to ideas of the superiority of heterosexuality or related stereotyped roles for men and women. 2. States shall undertake to encourage, where appropriate, efforts to meet particular physical, psychological or social needs of youth arising from problems of sexual orientation. Article III.13 "Hate" Propaganda and the Media States shall take all appropriate measures, consistent with the rights of all to conscience, belief and expression, to eliminate advocacy of hatred respecting sexual orientation that constitutes incitement to violence, hostility or discrimination. Article III.14 Travel, Immigration and Asylum Travel and immigration rights shall not be abridged on the basis of sexual orientation. Persecution on the grounds of sexual orientation shall be deemed equal to other forms of persecution warranting asylum. IV. PROCEDURE Article IV.1 Supplementation 1. In light of new developments in the understanding of sexual minorities, particularly in the areas of partnership and family relations, and in the area of medical treatment of transsexuals and intersexuals, States shall recognize the amenability of this or other instruments addressing rights against discrimination on the basis of sexual orientation to expansion through supplementary instruments. 2. Nothing in Paragraph 1 of this Article shall be construed to absolve rights otherwise recognized in this or other instruments. Article IV.2 Implementation States shall without delay adopt all necessary and feasible measures, in domestic and international fora, and, in particular shall utilize all possible facilities and procedures within the human rights organs of the United Nations, for rapid and demonstrable realization of the rights proclaimed herein. ___________________________________ Eric Heinze, Sexual Orientation: A Human Right - An Essay on International Human Rights Law (Boston: Martinus Nijhoff, 1995) pp. 293-303 (notes omitted). ____________________________ tim@magi.com ae913@freenet.carleton.ca http://www.magi.com/~tim/ (updated 950617) Public Key Server -- GET ``tim@magi.com'' at http://www-swiss.ai.mit.edu/~bal/pks-commands.html ******************************************************************************* To send a message to the entire list "queerlaw", email queerlaw@abacus.oxy.edu This list is run by the program MAJORDOMO@abacus.oxy.edu *******************************************************************************