Celebrating 10 years of the Yogyakarta Principles: What have we learnt and where to now?
7. Conference summary and
further action areas
This section of the report summarises the outcomes of the conference discussions within the four broad
themes identified in the conference objectives – namely: different uses of the Yogyakarta Principles
and other measures or initiatives in relation to promoting and protecting the human rights of LGBT and
intersex people at global, regional and national levels; future development of international human rights
law and practice in relation to the Yogyakarta Principles; areas in which the Principles could be developed
further; support and coordination between NHRIs, NGOs, UN agencies, advocates and scholars.
7.1. USE OF THE YOGYAKARTA PRINCIPLES AND
OTHER MEASURES
The conference participants provided significant insights into the experience of LGBTI advocates, NHRIs,
state agencies, academics and others in relation to the use and application of the Yogyakarta Principles in
advocacy, litigation, education and awareness as well as shaping policy on the ground.
Focusing on the dimensions of individual sovereignty of subjective identity of lesbian, gay, bisexual,
transgender and intersex (LGBTI) people as envisioned in the Principles, conference participants reflected
on how the Principles have been used in the past 10 years, and what challenges and barriers were
experienced and what limitations in text were most prominent. Participants noted that the Principles were
not meant to be a constitutive document, but as an indicative document of the status of international
law at the time and context in which they were drafted, therefore, they must be subject to change and
evolution as the international human rights norms progress.
Many stories of progress and success in using the Yogyakarta Principles in the promotion and protection
of LGBTI rights in many countries in the region, including legal, judicial and administrative developments
were acknowledged in the conference. Most importantly, it was recognised that the Principles afforded
a systematic understanding of the nature of human rights related to sexual orientation and gender
identity, and their impact can be felt at both the programmatic and catalytic levels. The Principles are
also powerful tools for advocacy and in the development of jurisprudence in a broad spectrum of areas.
The Principles also provided definitions of sexual orientation and gender identity, which are essential
in recognising the nature of rights and their application in the context of sexual orientation and gender
identity.
With the wider use of the Principles, there has been better recognition of LGBTI rights in many parts of
the world including significant court cases. Similarly, various programmes of partnerships with civil society
and advocacy for the rights of LGBTI people have yielded positive results in many cases.
Yet, many challenges remain. With growing violence and human rights violations targeted towards
individuals and various forms of discrimination, homophobia, and transphobia, the vision of the Principles
are far from being realised. There has been a growing anti-LGBTI sentiment in some parts of the world
in the past 10 years in spite of the continued efforts of advocates. LGBTI people and human rights
defenders and activists have been targeted and traumatised in many countries in recent years. The
socio-cultural and economic exclusion of individuals based on sexual orientation, gender identity, gender
expression and sex characteristics, and violations against the bodily autonomy of intersex people have
been serious problems, while criminalisation of same-sex behavior remains a challenge in a significant
number of countries. There are also increasing cases of failure of states to recognise human rights
issues related to gender identity and sex characteristics. Moreover, denial of recognition before the law
based on sexual orientation and gender identity still remains a problem. These issues have been further
exacerbated due to the shrinking space for civil society activism in some parts of the world.
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