Rights Based on Sexual Orientation and Gender Identity Still Contested, Officials Say

Whether people have rights based on sexual orientation and gender identity (SOGI) remains highly contested among United Nations member states. A recent panel organized by the Orville H. Schell Jr. Center for International Human Rights featured two officials who discussed the polarized environment the divide creates.

The panel featured Graeme Reid, the U.N. independent expert on protection against violence and discrimination based on sexual orientation and gender identity, and Dylan Lang, U.S. State Department foreign affairs official. They discussed recent efforts by the U.N. to address discrimination and violence based on sexual orientation and gender identity in a more systematic way and how opposition from some states to supporting these rights has intensified. 

The U.N. Human Rights Council created Reid’s role, or mandate, in 2016 to address concerns about acts of violence and discrimination committed against individuals because of their sexual orientation or gender identity. However, many states still reject the idea that SOGI rights are part of the human rights framework, Reid said. 

Reid described a pervasive lack of recognition and engagement with his official post. He told how, when states withdraw from conversations around SOGI rights, he ends up "preaching to the choir” of states that already recognize these rights. 

Reid also stressed that SOGI rights, even when not described that way, often play an important role in global conflicts and high-stakes international events. For example, he said, Russian President Vladimir Putin manipulates traditional heterosexual values to justify his invasion of Ukraine.

There have been some victories among the efforts to recognize SOGI rights, the speakers said. Land cited the creation of Reid’s mandate as one example. The first reference to SOGI in a General Assembly resolution to be adopted by consensus was another, he said. Reid noted that an upcoming resolution addressing extrajudicial killings is written specifically to protect individuals targeted for their sexual orientation or gender identity. He also proudly pointed out that the Human Rights Council recently passed its first resolution on intersex persons, which he said received promising support.

Despite these victories, challenges persist. Lang discussed the pushback against certain language used in U.N. human rights discourse and publications, particularly terms like "all women and girls." Many states oppose this language, fearing these phrases imply support for transgender rights, he said.

Lang described the difficulty of engaging with countries resistant to discussing gender-based violence. He said some nations simply state that their position is well known without elaborating on their objections. This reticence can shut down productive conversations necessary for meaningful change, he said.

Reid described the historical and cultural background that make discussions around SOGI rights complex. He explained that these rights are culturally derived, some with historical roots in the West. This origin complicates their transnational application. He recalled a visit from an ambassador from Cameroon to France for a discussion on gender equality. The ambassador met intense resistance back home from critics who claimed he had succumbed to Western cultural hegemony, Reid said.

However, it would be incorrect to say that the West is always on the side of SOGI rights advocacy. Lang noted that organizations based in the U.S. actively funnel money to promote anti-gay advocacy abroad, influencing the narrative at the U.N. This international interplay underscores the intricacies of global discussions on gender rights.

The legacy of colonialism still looms large, making interventions by former colonial powers a sensitive subject, speakers said. However, they maintained that the international community can still support the grassroots efforts of women and gender and sexual minorities around the world who are advocating for their own rights — supporters can express their agreement without disregarding cultural particularities. 

As the international community continues to navigate these complexities, SOGI rights remain critical in shaping a more inclusive framework for human rights, panelists said.