Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics A Manual for National Human Rights Institutions It can often feel daunting for people wanting to know the appropriate, respectful terms to use, especially as terminology in this area continues to evolve. This chapter provides an overview of key concepts and terms used in this region. This includes emphasising that many traditional terms combine or conflate elements of sexual orientation and gender identity and, to some extent, intersex status. Having some shared knowledge of these terms enables NHRIs and community groups to communicate more clearly about the common and distinct human rights issues that are faced by lesbian, gay, bisexual, transgender and intersex people in their country and across the region. This chapter closes with some practical advice for NHRIs on using umbrella terms and ways to respect people’s identities, characteristics and privacy. Terminology evolves over time. What remains constant is the importance of treating each person with dignity, in a way that protects the person from discrimination and violence. 1.2.2. Relevance of terms to NHRIs in this region The provisions of international law extend in full to all people and prohibit discrimination against anyone, including because of sexual orientation, gender identity or sex characteristics.20 There is growing understanding of how international human rights law applies to these issues. This understanding was enhanced by the Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity (the Yogyakarta Principles) released in 2007.21 Subsequently, UN treaty bodies and Special Rapporteurs have more strongly articulated how these human rights standards also apply to specific human rights violations against intersex people. Increasingly, domestic laws are making it explicit that sexual orientation, gender identity and expression, and intersex status are prohibited grounds of unlawful discrimination. In this region, Fiji’s 2013 constitution includes anti-discrimination protections for people based on their sexual orientation, gender identity or expression.22 In the same year, Australia became the first country in the world to specify ‘intersex status’ as a separate, prohibited ground of discrimination.23 Malta introduced more comprehensive equality protections for intersex people in 2015, under the ground of ‘sex characteristics’.24 Across the Asia Pacific region, NGOs working on human rights issues in relation to sexual orientation, gender identity and expression, and sex characteristics use a range of terms to describe their work, including in their submissions to national, regional and international human rights bodies. For example, many lesbian, gay, bisexual and transgender groups in ASEAN member states have come together to form the ASEAN Sexual Orientation, Gender Identity and Expression (SOGIE) Caucus.25 NGOs in New Zealand created a Sexual Orientation, Gender Identity and Intersex (SOGII) Coalition to develop a joint submission to New Zealand’s second Universal Periodic Review.26 10 20 See Chapter 5. 21 See Chapter 6. 22 Section 26(3)(a) of the 2013 Constitution of the Republic of Fiji. Sexual orientation had been protected under Fiji’s previous 1997 Constitution. Fiji was the second country to introduce such constitutional protection, after South Africa. 23 Section 5C of the Sex Discrimination Act 1984. Sexual orientation and gender identity were also added as specific prohibited grounds at the same time. The New Zealand Human Rights Commission accepts complaints of unlawful discrimination against either intersex or transgender people under the ground of sex. It has recommended that section 21 of the Human Rights Act 1993 state explicitly that gender identity is covered. 24 Gender Identity, Gender Expression and Sex Characteristics Act 2015. 25 See https://aseansogie.wordpress.com. 26 Aotearoa/NZ SOGII Coalition’s submission to New Zealand’s second Universal Periodic Review June 2013; at www.hrc.co.nz/ your-rights/human-rights/our-work/universal-periodic-review/civil-society-and-ngo-submissions/.