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June 3, 2021
Posted by Dana Walters
In Panama, Peru, and Colombia, gender-based quarantine schedules created a culture of fear and risk for transgender individuals. With men allowed out of the house on certain days of the week and women others, gender-diverse persons faced an increased threat of persecution and discrimination by the state and the public. Human Rights Watch and the Inter-American Commission on Human Rights were but some of the groups to note alarm. Just a few months after they were enacted, many of these laws were wiped from the books.
These gendered pandemic measures were an example of the practices and laws up for discussion at a February workshop hosted by the Human Rights Program (HRP) at Harvard Law School. The event, which focused on indirect discrimination resulting from the pandemic, with a particular emphasis on sexual orientation and gender identity, was one in a series of indirect discrimination workshops HRP has convened in the last year. In spring 2020, HRP hosted a virtual convening exploring indirect discrimination on the basis of religion with several former and current members of the UN Human Rights Committee. During the 2020-2021 academic year, HRP hosted two additional workshops drawing on other categories of indirect discrimination. Convened with Columbia Law School’s Human Rights Institute, the October 2020 workshop addressed indirect discrimination on the basis of sexual orientation and gender identity, laying the foundation for February’s discussion on the pandemic.
“One way to think about the purpose of indirect discrimination norms,” said one expert at the October convening, “is that they compel government, or other actors subject to the norms, to actively think about or know about the lives of people who are not like themselves.”
Indirect discrimination is a term that encompasses rules or laws whose intent may not be to discriminate against one group “on the face of it” but has the effect of doing so. In the workplace, for instance, a policy that requires employees to work on Saturdays may have severe effects for those of the Jewish faith, who observe Saturday as a holy day of rest. Indirect discrimination affects a range of protected groups on the basis of race, religion, and other factors.Continue Reading…
March 16, 2021
In his recent report to the United Nations General Assembly, Victor Madrigal-Borloz, UN Independent Expert on Sexual Orientation and Gender Identity, addressed the particular impact of COVID-19 on LGBT persons, communities, and populations, highlighting social exclusion and violence, as well as institutional drivers of stigma and discrimination. Madrigal-Borloz, who is also the Eleanor Roosevelt Senior Visiting Researcher at the Human Rights Program, joined HRP on February 18, 2021, for a discussion of his findings, which also includes recommendations and identifies good practices aimed at creating a COVID-19 response and recovery free from violence and discrimination based on sexual orientation and gender identity.
This event was organized by the Human Rights Program and co-sponsored by the HLS LGBTQ+ Advocacy Clinic and the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics.
October 29, 2020
UN Independent Expert Victor Madrigal-Borloz to provide public highlights from report to UN General Assembly
Please scroll down for translation into French, Spanish, and Portuguese.
Victor Madrigal-Borloz, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (IE SOGI), presented his report on the impact of COVID-19 on LGBT persons to the UN General Assembly on Oct. 29, 2020.
On November 10 in a public webinar, he will present key findings of his report and engage in further conversation with all interested stakeholders on how to respond and recover from the pandemic. The event will take place on Zoom and be livestreamed to the IE SOGI’s Facebook page.
Check the starting time in your region and register now to attend one of the sessions:
The events will also feature UN representatives as guest speakers. After the presentations, there will be a Q&A (questions and answers) session with the audience for which participants will be able to submit questions through the moderator during the event.
This year, humankind faces an unprecedented global challenge, as the COVID-19 pandemic has exacerbated pre-existing inequalities prevalent in all regions of the world. Since March, the IE SOGI has conducted extensive research and consultations with over 1,000 individuals from more than 100 countries, which led to the conclusion that COVID-19 has a disproportionate impact on LGBT persons. During the event, he will present his key findings and discuss his recommendations to ensure that response and recovery from the pandemic adequately address the needs of LGBT persons, as we all aspire to build a better world.
You can download a summary of the report and the full report at the linked text below:
The mandate of the Independent Expert supports freedom of expression and opinion of the widest variety within a frame of mutual respect during its events. The mandate of the Independent Expert has a policy of zero tolerance for hate speech: a dedicated team will monitor comments and questions raised during the event. Hate speech will be filtered and participants responsible for it will be removed from the session.Continue Reading…
July 2, 2020
Humanitarian disarmament approach offers proven model for change
(July 2, 2020) — More than 155 organizations released a joint letter today stating that humanitarian disarmament can lead the way to an improved post-pandemic world.
Endorsed by global campaigns that have garnered two Nobel Peace Prizes and fostered the creation of four international treaties in the past 25 years, the letter argues that humanitarian disarmament’s proven human-centered approach should guide current and future efforts in dealing with the pandemic and advancing human security.
The letter’s signatories include local, national, regional, and international organizations from around the world. Disarmament, human rights, peace, faith, medical, student, development, and other groups have all endorsed the letter. The widespread support across campaigns underscores how seriously the humanitarian disarmament community views the letter’s call.
Humanitarian disarmament seeks to reduce the human suffering and environmental damage inflicted by arms. To advance its goals of preventing and remediating harm, money invested in unacceptable weapons would be better spent on humanitarian purposes, the letter says.Continue Reading…
July 1, 2020
Posted by Dana Walters
A new volume “Human Rights in a Time of Populism” edited by Gerald L. Neuman ’80 brings together reflections from a range of experts on a growing trend in international politics since 2016, the electoral successes of right-wing populists. The Human Rights Program recently spoke with Professor Neuman about the book and how he sees the landscape changing for countries with populist leaders in the wake of the COVID-19 pandemic.
Neuman is the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, and a Co-Director of the Human Rights Program at Harvard Law School. From 2011 to 2014, he was a member of the United Nations Human Rights Committee. The new volume is based on a 2018 HRP conference of the same name.
Human Rights Program: In 2018, you talked about the conference as providing a forum to discuss the rise of populism and its implications for international human rights. At the time, you defined populism as “a kind of politics that employs an exclusionary notion of the people—the ‘real people’—as opposed to disfavored groups that are unworthy, and whose will should not be constrained.” Does this definition still seem right to you in 2020?
Gerald L. Neuman: This “ideational” definition of populism (or exclusionary populism) still provides a useful guide to the current wave of populist threats to human rights. It comes from political science, which also offers other approaches to populism, but I find this definition identifies the salient category today. To me it has the benefit of distinguishing politicians who reject constraints from other politicians sometimes labeled populist who respect human rights, like Elizabeth Warren. However, a chapter in the book, by Douglas Johnson, [lecturer in public policy, Harvard Kennedy School], criticizes my choice and the negative view of populism that it involves. That disagreement illustrates the multifaceted character of the book.
HRP: At the conference, Peter Hall [Knapp Foundation Professor of European Studies at Harvard] spoke of how populist leaders in Western Europe preyed on an economic insecurity and a middle class fear of “being left behind.” How is this addressed in the book? Given the global economic downturn we are facing, are you worried that we may see another increase in populism across the world?Continue Reading…
May 8, 2020
Beatrice Lindstrom, Clinical Instructor and Supervising Attorney for HLS Advocates for Human Rights, co-authored an op-ed with Adam R. Houston that appeared in the International Peace Institute’s (IPI) Global Observatory blog on May 6, 2020. The article questions how much United Nations (UN) peacekeeping operations have learned in the wake of the 2010 cholera epidemic in Haiti. The article can be read in full below or on the IPI Global Observatory website.
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