http://www.crin.org/docs/principles_en.pdf

May 17 is International Day Against Homophobia. It marks the day, in 1991, when the World Health Organisation removed homosexuality from its list of mental illnesses

In 2006, in response to well-documented patterns of abuse, a group of international human rights experts, including a member of the Committee on the Rights of the Child, met in Yogyakarta, Indonesia to outline a set of international principles relating to sexual orientation and gender identity.

The result was the Yogyakarta Principles: a universal guide to human rights which affirm binding international legal standards with which all States must comply. They promise a different future where all people born free and equal in dignity and rights can fulfil that precious birthright.

The following is an extract of the references to child rights in the Principles.

Preamble:

Observing that international human rights law affirms that all persons, regardless
of sexual orientation or gender identity, are entitled to the full enjoyment of all human
rights, that the application of existing human rights entitlements should take account of
the specific situations and experiences of people of diverse sexual orientations and gender identities, and that in all actions concerning children the best interests of the child shall be a primary consideration and a child who is capable of forming personal views has the right to express those views freely, such views being given due weight in accordance with the age and maturity of the child.

Principle 13 on the right to social security and to other social protection measures:

B. States shall ensure that children are not subject to any form of discriminatory treatment within the social security system or in the provision of social or welfare benefits on the basis of their sexual orientation or gender identity, or that of any member of their family;

Principle 15 on the right to adequate housing

D. States shall establish social programmes, including support programmes, to address factors relating to sexual orientation and gender identity that increase vulnerability to homelessness, especially for children and young people, including social exclusion, domestic and other forms of violence, discrimination, lack of financial independence, and rejection by families or cultural communities, as well as to promote schemes of neighbourhood support and security

Principle 16 on the right to education

C. States shall ensure that education is directed to the development of respect for human rights, and of respect for each child’s parents and family members, cultural identity, language and values, in a spirit of understanding, peace, tolerance and equality, taking into account and respecting diverse sexual orientations and gender identities;

Principle 18 on protection from medical abuses

B. States shall take all necessary legislative, administrative and other measures to ensure that no child’s body is irreversibly altered by medical procedures in an attempt to impose a gender identity without the full, free and informed consent of the child in accordance with the age and maturity of the child and guided by the principle that in all actions concerning children, the best interests of the child shall be a primary consideration;

C. States shall establish child protection mechanisms where by no child is at risk from, or subject to, medical abuses

Principle 24 on the right to found a family

C. States shall take all necessary legislative, administrative and other measures to ensure that in all actions or decisions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration, and that the sexual orientation or gender identity of the child or of any family member or other person may not be considered incompatible with such best interests;

D. States shall in all actions or decisions concerning children, ensure that a child who is capable of forming personal views can exercise the right to express those views freely, and that such views are given due weight in accordance with the age and maturity of the child.

Further information

• Iran: Gay teenager faces return to persecution (7 March 2008)
• UK: Homophobia rife in schools, landmark equality survey finds (1 April 2008)
• Chile: Rights for homosexual and transexual children (18 July 2007)
• The experiences of young gay people in Britain's schools (June 2007)
• Poland: Children's Commissioner targets 'gay' Teletubbies (29 May 2007)
  
  

Previous CRIN Guides and Toolkits items

• 01/05/2008: Strategic Litigation: A Glossary of Legal Terms
• 15/04/2008: CRIN: Guía para medios
• 15/04/2008: Cómo mandar nuevos eventos
• 15/04/2008: Cómo mandar ofertas de trabajo
• 15/04/2008: Cómo convertir una nota de prensa en una noticia

Last updated 19/09/2012 18:11:22

Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.