The discussion and argument around LGBTQ+ rights regarding the Universal Declaration of Human Rights (UDHR) are complicated and multidimensional. The Universal Declaration of Human Rights, established by the United Nations General Assembly in 1948, outlines fundamental human rights that must be universally maintained. While the UDHR does not directly address sexual orientation or gender identity, several sections can be read as covering LGBTQ+ rights.
Article 1: “All human beings are born free and equal in dignity and rights.” This clause can be argued to include the equal treatment and protection of LGBTQ+ individuals, as sexual orientation and gender identity are inherent aspects of human beings.
Article 2: “Everyone is entitled to all the rights and freedoms outlined in this Declaration, without distinction of any kind.” This article supports the notion that LGBTQ+ individuals should enjoy the same rights and protections as anyone else, without discrimination based on their sexual orientation or gender identity.
Article 7: “All are equal before the law and are entitled without any discrimination to equal protection of the law.” This clause can be interpreted as guaranteeing equal legal protection to LGBTQ+ individuals, ensuring they are not subject to discriminatory laws or treatment.
Article 16: “Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family.” This article has been the subject of debate regarding same-sex marriage, with some arguing that it should include LGBTQ+ couples while others contest this interpretation.
As public attitudes and legal frameworks differ among countries and cultures, reading and applying these rules can be contentious. Some countries have embraced LGBTQ+ rights and adopted legislation to protect them, such as recognizing same-sex marriage, forbidding discrimination, and granting legal gender recognition. Other countries, however, have enacted restrictive legislation, criminalizing same-sex relationships or denying transgender people the right to legal recognition.
Violations of LGBTQ+ rights under the UDHR occur when governments or individuals discriminate against or deny basic rights to LGBTQ+ people. This can take the form of legislation that criminalize same-sex partnerships, restrict freedom of expression or assembly for LGBTQ+ communities, deny access to healthcare or education, or expose individuals to assault, harassment, or persecution because of their sexual orientation or gender identity.
It is crucial to highlight that knowledge and acceptance of LGBTQ+ rights have evolved through time, and there are ongoing discussions and issues globally regarding the interpretation and application of these rights within the framework of the UDHR. Efforts to promote LGBTQ+ rights and resist prejudice remain critical to human rights advocacy and social progress.
