Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics
A Manual for National Human Rights Institutions
The Being LGBT in Asia country reports from Cambodia and Viet Nam described case studies of [lesbian, gay
and bisexual] people sent to traditional healers to ‘cure’ their homosexuality or forced to receive psychiatric
treatment intended to convert them to heterosexuality.138 Participants at the regional dialogue from India and
Malaysia also raised concerns regarding ‘conversion therapy’. The China country report noted that “many
mental health practitioners, often pushed by the families of [lesbian, gay and bisexual] people, recommend
or impose ‘corrective treatment’ on [lesbian, gay and bisexual] people, sometimes involving involuntary
committal to psychiatric hospital wards.”139
The Indonesia report refers to a regulation of the Ministry of Social Affairs that authorizes welfare authorities
to round up people whose sexual behaviour is considered to cause them to be unable to function socially
(including … gay men and lesbians) for the purposes of ‘rehabilitation’ and integration into society.140
These practices are discriminatory on the basis of sexual orientation because a heterosexual person
would not be subjected to them. Medical experts, including psychiatric experts, now accept that
homosexuality or same-sex attraction is not an illness and should not be treated as an illness. Those who
are subjected to so-called ‘curative’ therapies for their same-sex attraction are subjected to treatment to
which people attracted to the opposite sex would not be subjected. Further, ‘conversion’ therapies are
now accepted to ‘have no scientific basis and are rejected by medical authorities’.141
Being LGBT in Asia also identified the specific health care needs of lesbians and bisexual women:
Lesbian and bisexual women experience health inequalities, largely related to experiences of discrimination
and homophobia. These issues can lead to avoidance of routine healthcare and screening and reduced
disclosure of sexual orientation within consultations.
… It is apparent that lesbian women’s health issues are systematically ignored and there is a clear need for
further research to inform improved understanding of health needs and appropriate approaches to service
delivery. Lesbian and bisexual women have specific healthcare needs in areas of sexual and cervical health,
reproductive health and parenting, mental health, substance use, and ageing.142
In relation to family and community, the High Commissioner for Human Rights has noted that State
obligation extends to protection from human rights violations, including from violations by non-State
actors. Failure to ensure the same protection to lesbian, gay and bisexual people as is provided to
other people is discrimination on the basis of sexual orientation. Rejection, discriminatory treatment
and violence by family members can have serious, negative consequences for the enjoyment of human
rights.
Examples include individuals being physically assaulted, raped, excluded from family homes, disinherited,
prevented from going to school, sent to psychiatric institutions, forced to marry, forced to give up custody
of their children, punished for activist work and subjected to attacks on personal reputation. In States where
homosexuality is criminalized, victims may be reluctant to report violence perpetrated by a family member
for fear of the criminal ramifications of revealing their sexual orientation.143
40
138
UNDP and USAID, Being LGBT in Asia: Cambodia Country Report, p. 50; and UNDP, Being LGBT in Asia: Viet Nam Country
Report, p. 29.
139
UNDP and USAID, Being LGBT in Asia: Country Report China, p. 10.
140
Regulation of the Ministry of Social Affairs No. 8/2012. See UNDP and USAID, Being LGBT in Asia: Indonesia Country Report,
p. 9.
141
UNDP, Leave no one behind: Advancing social, economic, cultural, and political inclusion of LGBTI people in Asia and the Pacific,
2016 forthcoming, referencing J. Serovich, S. Craft, P. Toviessi, R. Gangamma, T McDowell and E. Grafsky, ‘A Systematic Review
of the Research Base on Sexual Reorientation Therapies’ in Journal of Marital and Family Therapy 34(2), 227–238; American
Psychological Association (APA) Task Force on Appropriate Therapeutic Responses to Sexual Orientation, Report of the Task
Force on Appropriate Therapeutic Responses to Sexual Orientation.
142
UNDP, Leave no one behind: Advancing social, economic, cultural, and political inclusion of LGBTI people in Asia and the Pacific,
2016 forthcoming.
143
High Commissioner for Human Rights, Discrimination and violence against individuals based on their sexual orientation and gender
identity, 4 May 2015, A/HRC/29/23, para. 66, referring to A/68/290, para. 38, A/HRC/20/16/Add.4, para 20, A/HRC/22/56, para.
70 and A/HRC/26/38/Add.1, para 19.