Blog: Gender Identity
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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.
November 4, 2020
The UN Independent Expert on protection against violence and discrimination based on Sexual Orientation and Gender Identity (IE SOGI) will convene an open consultation with State and non-State stakeholders to consolidate the mandate’s approaches and priorities for the remainder of the IE SOGI’s tenure. This consultation will serve as the main channel through which the IE SOGI will collect views and inputs to inform the preparation of his work plan for 2021-2023.
The consultation will start with a general segment during which the IE SOGI will introduce his draft work plan. Thereafter, participants will be invited to present their views and provide inputs to the discussion.
The online consultation will take place through the Zoom platform, on Friday, November 20 at 15:00 – 18:00 (CET) / 09:00 – 12:00 (EST). Registration is required to attend the meeting.
Guiding Questions for the Consultation:
The following questions may guide contributions from participants at the consultation:
Are the narratives of impact depicted in the document an adequate portrayal of the mandate’s added value?
Does the document include all necessary dimensions, principles and approaches necessary to ensure an intersectional, balanced and inclusive programme for the mandate?
Are the thematic priorities identified in the document duly reflective of the best added value by the mandate to all stakeholders in their work of addressing violence and discrimination based on SOGI?
As currently planned, are the activities and products an adequate response to the needs of stakeholders? Should different activities and products be considered?
The document includes certain commitments of interacting with global processes (v.g., Beijing + 20). Are there any other global, regional, or local processes the interaction with which should be included in the document as well?
The consultation will be open to States, UN agencies, programmes and funds, regional human rights mechanisms, National Human Rights Institutions, members of civil society organizations, academic institutions, corporate entities, and all other interested stakeholders. The consultation will be held in English.
August 13, 2020
In July, Victor Madrigal-Borloz, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, presented his report on the practices of so-called “conversion therapy” to the UN Human Rights Council. Shortly after, he conducted two online sessions to elaborate on key findings of the report and engage in further conversation with interested stakeholders. Notably, in the report, Mr. Madrigal-Borloz called for a global ban on the practice, which, he explained, interferes with an individual’s “personal integrity and autonomy.”
The Human Rights Program at Harvard Law School hosted Mr. Madrigal-Borloz on July 10 and 14 where he discussed the harmful practice of conversion therapy in a virtual launch for the public. As discussed at the event and in the report, conversion therapy is a term used to describe a wide range of interventions, all of which have in common the belief that a person’s sexual orientation or gender identity can and should be changed. These practices rely on the medically false idea that LGBT and other gender-diverse persons are sick, inflicting severe pain and suffering, and resulting in long-lasting psychological and physical damage.Continue Reading…
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