A series of ground-breaking briefing notes were produced by the Human Dignity Trust in the second half of 2015. These notes aim to illustrate the link between the criminalisation of lesbian, gay, bisexual and transgender (LGBT) people and various aspects of good governance. They also offer information and guidance to governments, the international community, civil society and activists on how to bring about the decriminalisation of same-sex sexual activity across the globe. This research draws on our experience working with activists in criminalising countries and our expertise in international human rights law. They were produced in consultation with leading academics in each of the areas addressed.
Laws that criminalise private, consensual same-sex sexual activity contravene international law. Criminalisation infringes upon the rights to privacy, non-discrimination and dignity, and may amount to inhuman and degrading treatment. These rights are included in various international and regional treaties, through which states have taken on binding obligations to uphold these rights for everyone within their jurisdiction. Additionally, they represent international norms and values to which all states should adhere, regardless of the treaties that they have ratified. The universality of these rights can be seen by their inclusion in the Universal Declaration of Human Rights produced under the auspices of the United Nations (UN), whose membership encompasses nearly all states.
This briefing note analyses the rights mentioned above and demonstrates why each is violated by the criminalisation of same-sex sexual activity. The note compares the relative strengths of these provisions in international law and their ability to progress rights for LGBT people. This briefing then goes on to examine how international human rights law can be enforced in domestic courts.
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