Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics A Manual for National Human Rights Institutions Chapter 1: Understanding sexual orientation, gender identity and sex characteristics KEY QUESTIONS • What do sexual orientation, gender identity and sex characteristics mean? • Why are these terms important for the work of NHRIs? • How well do these terms convey regional identities of lesbian, gay, bisexual, transgender and intersex people? • Are sexual orientation, gender identity and sex characteristics always the most appropriate umbrella terms to use? • What has been the human rights impact of viewing sexual orientation, gender identity and sex characteristics through a medical lens? • Is it necessary for people to disclose their sexual orientation, gender identity and sex characteristics? 1.1. INTRODUCTION This chapter provides background information about three distinct but related concepts: sexual orientation, gender identity and sex characteristics. Each describes important and fundamental parts of a person’s life. Sexual orientation and gender identity are both integral parts of each person’s personality or identity. Human rights experts have described them as some of the most basic aspects of self-determination, dignity and freedom.15 Whether someone is intersex is equally intrinsic to who a person is but for different reasons. As the definition later in this chapter describes, sex characteristics refer to physical, bodily diversity. Intersex traits are common and encompass a wide spectrum of physical sex characteristics. UN treaty monitoring bodies have spoken out many times against violations of intersex people’s right to physical and bodily integrity, self-determination and autonomy.16 Most of the discussion to date about human rights issues for intersex people uses the term ‘intersex people’ or ‘intersex persons’, rather than a prohibited ground of discrimination. In very recent times, a consensus has started to emerge on using the term ‘sex characteristics’ as the prohibited ground of unlawful discrimination. This manual uses both approaches as appropriate to the context. 8 15 Yogyakarta Principles, Principle 3. 16 Committee on the Rights of the Child, Concluding Observations: Switzerland, 26 February 2015, CRC/C/CHE/CO/2-4, para. 43b; Committee on Economic, Social and Cultural Rights, Concluding Observations: Germany, 12 July 2011, E/C.12/DEU/CO/5, para. 26; Committee on the Rights of Persons with Disabilities, Concluding Observations: Germany, 13 May 2015, CRPD/C/DEU/ CO/1, paras. 37-38. See Chapter 4 for more details.