Yogyakarta Principles

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Yogyakarta Principles, formally The Yogyakarta Principles on the Application of International Human Rights Law in Relaion to Sexual Orientation and Gender Identity is a international human rights law for the dignity and rights of LGBT people as Principles adopted after an international meeting held by International Commission of Jurists in Yogyakarta of Indonesia from 6 to 9 November 2006. Mary Robinson is one of the 29 signatories of the Principles. Council of Europe esteem this Principles of great importance at an document "Human Rights and Gender Identity".[1], and further its Parliament Assembly[2] And this Principles also have Greek translation[3] as well as some languages which are not official languages[4] of United Nations; Arabic, Chinese, English, French, Russian and Spanish.

And refugees out of persecutions and even killing "of honour" because of sexual orientation or gender identity are also reported with the Principles.[5]

To realize the human rights on sexual orientation and gender identity according to Vienna Declaration and those Principles, the United Nations High Commissioner for Human Rights has made up a document for the 19th sessions of United Nations Human Rights Council.[6] United Nations Office on Drugs and Crime also use those Principles for the human treatment of prisoners.[7]

Main contents[change | edit source]

The Yogyakarta Principles are consisted by Preamble, 29 Principles and additional recommendations to the United Nations and the international community based on the Universal Declaration of Human Rights and Vienna Declaration as well as at the Convention on the Rights of Persons with Disabilities. And according to the Convention on the Elimination of All Forms of Discrimination against Women also insist to abolish the stereotyped role on gender. The Yogyakarta Principles affirm blinding international legal standards with which all States must comply.[8]

The Preamble shows the human rights violations because of sexual orientation and gender identity and explains what the sexual orientation is and what the gender identity is. The Principles affirm all kind of human rights; civil, political, economical, social and cultural rights, and affirm the prohibition of all discriminations for those human rights. Especially the Principle 3 affirm legal recognition, that is, sex change of transsexuals without any surgery including sterilization and sexual reassignment surgery because the each person's self-defined gender identity is very important for autonomy and dignity of the person.[9] But at the same time the importance of the rights to undergo body modification on sexual reassignment surgery as a "non-discriminatory treatment" and other health cares without discrimination.[10] and must be provided even in prison regarding humanity and person's dignity.[11] And the Principles affirm protection by states against all human trafficking[12], homelessness[13] and violence, hate crimes, harassment and bullying, and insist the importance of awareness of society that respects the self-esteem of any members of LGBT against prejudice, and also the right to education with respect of LGBT person's dignity.[14] This Principles also affirm the prevention of any medical abuse including the case of the intersex children and that against any classifications, any gender identity is not disease.[15] And also affirm to promote human rights of any kind and activists for this must be protected by States from any violence, threat or discrimination to prevent them.[16] And lastly, the Principle 29 affirm that any violations of human rights including on sexual orientation and gender identity must surely be punished.

Notes[change | edit source]

  1. Human Rights and Gender Identity
  2. "Discrimination on the basis of sexual orientation and gender identity", Parliament Assembly of Council of Europe
  3. The full text of the Yogyakarta Principles in Greek
  4. Yogyakarta Principles in Action, Unofficial Translations
  5. UNHCR Guidance Note on refugees claim relating to sexual orientation and gender identity
  6. Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, A/HRC/19/41
  7. Handbook on prisoners with special needs, p. 110
  8. Introduction to the Yogyakarta Principles
  9. Principle 3. Right to recognition before the law
  10. Principle 17. Right to the Hightest Attainable Standard of Health
  11. Principle 9. Right to Treatment with Humanity while in Detention
  12. Principle 11. Right to Protection from all forms of exploitation, sale and trafficking of human being
  13. Principle 15. Right to Adequate Housing
  14. Principle 16. Right to Education
  15. Principle 18. Protection from Medical Abuses
  16. Principle 27. Right to Promote Human Rights

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