The Human Rights Council, Recalling the universality, interdependence, indivisibility and interrelatedness of human rights as enshrined in the Universal Declaration of Human Rights and consequently elaborated in other human rights instruments such as the international Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and other relevant core human rights instruments;
Recalling also that the Universal Declaration of Human Rights affirms that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in that Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status;
Recalling further GA resolution 60/251, which states that the Human Rights Council shall be responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in fair and equal manner;
Expressing grave concern at acts of violence and discrimination, in all regions of the world, committed against individuals because of their sexual orientation and gender identity.
1. Requests the High Commissioner for Human Rights to commission a study to be finalised by December 2011, to document discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, in all regions of the world, and how international human rights law can be used to end violence and related human rights violations based on sexual orientation and gender identity;
2. Decides to convene a panel discussion during the 19th session of the Human Rights Council, informed by the facts contained in the study commissioned by High Commissioner and to have constructive, informed and transparent dialogue on the issue of discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity;
3. Decides also that the panel will also discuss the appropriate follow‐up to the
recommendations of the study commissioned by the High Commissioner;
4. Decides to remain seized with this priority issue.
Yes": Argentina, Belgium, Brazil, Chile, Cuba, Ecuador, France, Guatemala, Hungary, Japan, Mauritius, Mexico, Norway, Poland, Republic of Korea, Slovakia, Spain, Switzerland, Ukraine, Thailand, UK, USA, Uruguay.
"No" : Angola, Bahrain, Bangladesh, Cameroon, Djibouti, Gabon, Ghana, Jordan, Malaysia, Maldives, Mauritania, Nigeria, Pakistan, Qatar, Moldova, Russian Federation, Saudi Arabia, Senegal, Uganda.
Abstentions: Burkina Faso, China, Zambia
Absent: Kyrgyzstan, Libya (suspended)
“Contributory factors for risk of violence include individual aspects of women’s bodily attributes such as race, skin colour, intellectual and physical abilities, age, language skills and fluency, ethnic identity and sexual orientation.”
The report also detailed a number of violations committed against lesbian, bisexual and trans women, including cases of rape, attacks and murders. It is therefore regrettable that a reference to "women who face sexuality-related violence" was removed from the final version of another resolution focused on the elimination of violence against women during the same session.
"Despite this inconsistency, we trust the UN resolution on sexual orientation and gender identity will facilitate the integration of the full range of sexual rights throughout the work of the UN.", said Meghan Doherty, of the Sexual Rights Initiative.
A powerful civil society statement was delivered at the end of the session, welcoming the resolution and affirming civil society’s commitment to continuing to engage with the United Nations with a view to ensuring that all persons are treated as free and equal in dignity and rights, including on the grounds of sexual orientation and gender identity.
“Now, our work is just beginning”, said Kim Vance of ARC International. “We look forward to the High Commissioner’s report and the plenary panel next March, as well as to further dialogue with, and support from, those States which did not yet feel able to support the resolution, but which share the concern of the international community at these systemic human rights abuses.”
Suzanne Nossel, deputy assistant secretary of state for international organizations, told CNN, "It really is a key part in setting a new norm that gay rights are human rights and that that has to be accepted globally."
"It talks about the violence and discrimination that people of LGBT persuasion experience around the world," she said, "and that those issues ... need to be taken seriously. It calls for reporting on what's going on, where people are being discriminated against, the violence that is taking place, and it really puts the issue squarely on the U.N.'s agenda going forward."
Divided opinion continues among some countries about whether the time has come to take up gay rights in the U.N. forum, Nossel said, "so this resolution is really significant as far as gaining widespread support for doing just that."
The State Department lobbied intensively for the resolution, and Nossel said the United States was pleased to see African leadership, from South Africa in particular, as well as strong support from South America, Colombia and Brazil.
The resolution also will commission the first-ever U.N. report on the challenges that lesbian, gay, bisexual and transgendered people face around the globe. Nossel said the Obama administration hopes it will "open a broader international discussion on how to best promote and protect the human rights of LGBT persons."
In March the U.N. Human Rights Council adopted a statement, supported by 85 countries, on gay rights called "Ending Violence Based on Sexual Orientation and Gender Identity."
Friday's vote "marks a victory for defenders of human rights," said Susan Rice, the U.S. ambassador to the United Nations. "It sends a clear message that abuses based on sexual orientation and gender identity must end."
U.S. Secretary of State Hillary Clinton has made gay rights a key focus of the State Department's human rights agenda, expressing her view that "gay rights are human rights and human rights are gay rights."
At a gay pride event this month at the State Department, Clinton said, "Men and women are harassed, beaten, subjected to sexual violence, even killed, because of who they are and whom they love. Some are driven from their homes or countries, and many who become refugees confront new threats in their countries of asylum. In some places, violence against the LGBT community is permitted by law and inflamed by public calls to violence; in others, it persists insidiously behind closed doors."
Nossel told CNN, "it's not like discrimination or violence are going to end overnight" because of the U.N. resolution, "but now ... when there are proposals in parliaments or legislatures around the world to illegalize gay activity or repress people because of their sexual orientation, opponents can point to this and say, 'Hey, the U.N. has spoken out, there is a resolution that rejects this squarely.'
"That is the way these international norms are built," she said. "It's not from scratch. On women's rights, on minority rights, it builds up over time. So this is really a critical beginning of a universal recognition of a new set of rights that forms part of the international system."