AG/RES. 2721 (XLII-O/12)
HUMAN RIGHTS, SEXUAL ORIENTATION, AND GENDER IDENTITY
(Adopted at the second plenary session, held on June 4, 2012)
THE GENERAL ASSEMBLY,
TAKING INTO ACCOUNT resolutions AG/RES. 2435 (XXXVIII-O/08), AG/RES. 2504 (XXXIX-O/09), AG/RES. 2600 (XL-O/10), and AG/RES. 2653 (XLI-O/11), “Human Rights, Sexual Orientation, and Gender Identity”;
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 instrument, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status; and
That the American Declaration of the Rights and Duties of Man establishes that every human being has the right to life, liberty, and security of his person without distinction as to race, sex, language, creed, or any other factor;
CONSIDERING that the Charter of the Organization of American States proclaims that the historic mission of the Americas is to offer to man a land of liberty and a favorable environment for the development of his personality and the realization of his just aspirations;
REAFFIRMING the principles of universality, indivisibility, and interdependence of human rights;
Of the creation by the Inter-American Commission on Human Rights of the Unit for the Rights of Lesbians, Gays, and Bisexual, Transsexual, and Intersex Persons (LGBTI), and of its work plan, which includes the preparation of a hemispheric report on this issue;
Of the Second Report of the IACHR on the Situation of Human Rights Defenders in the Americas, according to which organizations that promote and defend the human rights of LGBTI persons play a fundamental role in the region in terms of public oversight to ensure compliance with the states’ obligations vis-à-vis the rights to privacy, equality, and nondiscrimination, and are faced with obstacles, among them, murder, threats, criminalization of their activities, the failure to take a focused approach to the investigation of crimes committed by both state and non-state actors against them, and discourse calculated to discredit the defenders of the rights of LGBTI persons; and
Of the Declaration on Sexual Orientation and Gender Identity, presented to the United Nations General Assembly on December 18, 2008; and
NOTING WITH CONCERN the acts of violence and related human rights violations as well as discrimination practiced against persons because of their sexual orientation and gender identity,
1. To condemn discrimination against persons by reason of their sexual orientation and gender identity; and to urge the states within the parameters of the legal institutions of their domestic systems to eliminate, where they exist, barriers faced by lesbians, gays, and bisexual, transsexual, and intersex (LGBTI) persons in access to political participation and in other areas of public life.
2. To encourage member states to consider, within the parameters of the legal institutions of their domestic systems, adopting public policies against discrimination by reason of sexual orientation and gender identity.
3. To condemn acts of violence and human rights violations committed against persons by reason of their sexual orientation and gender identity; and to urge states to strengthen their national institutions with a view to preventing and investigating these acts and violations and ensuring due judicial protection for victims on an equal footing and that the perpetrators are brought to justice.
4. To urge states to ensure adequate protection for human rights defenders who work on the issue of acts of violence, discrimination, and human rights violations committed against individuals on the basis of their sexual orientation and gender identity.
5. To request the Inter-American Commission on Human Rights (IACHR) to pay particular attention to its work plan titled “Rights of LGBTI People” and, in keeping with its established practice, to prepare a hemispheric study on the subject; and to urge member states to support the efforts of the Commission in this area.
6. To request the IACHR to prepare a study on legislation and provisions in force in the OAS member states restricting the human rights of individuals by reason of their sexual orientation or gender identity and to prepare, based on that study, guidelines aimed at promoting the decriminalization of homosexuality.
7. To urge the member states that has not yet done so to consider signing, ratifying, or acceding to, as the case may be, the inter-American human rights instruments.
8. To request the Permanent Council to report to the General Assembly on the implementation of this resolution. Execution of the activities envisaged in this resolution will be subject to the availability of financial resources in the program-budget of the Organization and other resources.