Skip to content
Home

Yogyakarta Principles on Sexual Orientation and Gender Identity

A concise, neutral overview of the Yogyakarta Principles: their purpose, content, history, uses, reception and related documents in international human rights law.

Author: Created: Updated:

Overview

The Yogyakarta Principles are a set of expert recommendations on how existing international human rights law should be applied to issues of sexual orientation and gender identity. First formulated in Yogyakarta, Indonesia in November 2006, the Principles aim to clarify states' obligations to protect the dignity, equality and basic rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people. Although they are not a treaty, the Principles have been widely cited by advocates, courts and some international bodies as an authoritative statement of how established human rights norms relate to sexual orientation and gender identity.

Contents and core concepts

The document groups specific rights and state duties into thematic provisions. It emphasizes nondiscrimination and equality before the law, protection from violence and torture, the right to privacy and expression, freedom of association, access to health and education, and legal recognition of gender identity. Many provisions focus on concrete state obligations: to repeal discriminatory laws, to investigate and sanction abuses, and to provide remedies and protections for victims. The Principles also address asylum claims based on persecution for sexual orientation or gender identity, and call for safeguards in detention and health-care settings.

Origins and development

A meeting of human rights experts, human rights lawyers and activists convened by the International Commission of Jurists produced the original text in 2006. The meeting attracted signatories and supporters from a range of legal and human-rights backgrounds, and several former and current officials have publicly supported the Principles. Over time the document has been supplemented by additional materials and interpretations; notably an updated set of elaborations was published in 2017 to extend the text and address matters such as gender expression and bodily autonomy.

Uses and influence

Though not a binding international treaty, the Principles have influenced legal reasoning, advocacy strategies and policy guidance. They are frequently referenced by non-governmental organizations, human rights offices and regional bodies when urging legal reform or when interpreting how international law applies to SOGI (sexual orientation and gender identity) issues. National courts and quota-setting agencies in some jurisdictions have considered the Principles when adjudicating claims or issuing guidelines. United Nations offices and special procedures have cited them in reports, and several international human rights institutions have used their language in policy documents and trainings.

Reception, limits and debates

The Principles enjoy strong support among many human rights advocates and some intergovernmental organizations that see them as clarifying and strengthening protections. At the same time, critics point out that the text does not have the status of a negotiated treaty and has not been adopted by the United Nations as a binding instrument. Debates also continue about how to balance cultural, religious and legal traditions with the rights enunciated in the Principles. The document has nevertheless been translated into multiple languages and remains a focal point in discussions about law reform, refugee protection and responses to violence motivated by sexual orientation or gender identity.

Notable facts: The Principles helped spur additional regional guidance and training on sexual orientation and gender identity in human rights work, and they remain a common reference point in discussions about law reform, asylum claims and protections against discrimination and violence.

Questions and answers

Q: What are the Yogyakarta Principles?

A: The Yogyakarta Principles are an advocacy document relating to international human rights law on the dignity and asserted rights of LGBT people. They were adopted after an international meeting held by the International Commission of Jurists in Yogyakarta, Indonesia from 6 to 9 November 2006.

Q: Who signed the Principles?

A: Mary Robinson, a former United Nations High Commissioner for Human Rights, is one of 29 people who signed the Principles.

Q: Are there any refugees due to sexual orientation or gender identity?

A: Yes, according to the Principles there are refugees from persecution and even honour killings because of sexual orientation or gender identity.

Q: How have the UN used these principles?

A: The United Nations High Commissioner for Human Rights has made up a document for the 19th sessions of United Nations Human Rights Council based on these principles. Additionally, The United Nations Office on Drugs and Crime also use those Principles for the human treatment of prisoners.

Q: In how many languages have these principles been translated into?

A: These Principles have been translated into six official languages of the United Nations - Arabic, Chinese, English, French, Russian and Spanish - as well as other languages.

Q: What is mentioned in "Human Rights and Gender Identity" document by Council of Europe? A: The Council of Europe esteems these Principles in a document called "Human Rights and Gender Identity".

Related articles

Author

AlegsaOnline.com Yogyakarta Principles on Sexual Orientation and Gender Identity

URL: https://en.alegsaonline.com/art/109893

Share

Sources