The Committee on Economic, Social and Cultural Rights (CESCR) has adopted a similar
interpretation in relation to various rights contained in the ICESCR. In its General Comments
on Health (14/2000), Water (15/2002) and Work (18/2005), the CESCR has variously stated
that the Covenant proscribes any discrimination on the basis of sexual orientation that has
the intention or effect of nullifying or impairing the equal enjoyment or exercise of Covenant
rights. 12
In General Comment No. 20 on non-discrimination, the CESCR reiterating earlier views
stated:
‘other status’ as recognized in article 2(2) includes sexual orientation. States parties
should ensure that a person’s sexual orientation is not a barrier to realising Covenant
rights . . . . In addition, gender identity is recognized as among the prohibited grounds of
discrimination. 13
The comments of other treaty bodies adopt a similar approach, with the Committee Against
Torture and the Committee on the Rights of the Child listing sexual orientation as among the
prohibited grounds of discrimination. 14
– by UN Special Procedures 15
Reports of UN Special Procedures have taken a similar approach to the UN Treaty Bodies,
highlighting within the context of their specific mandates, human rights violations on the basis
of sexual orientation and gender identity, particularly extra-judicial killing, rape, torture,
violence and discrimination.
The UN Working Group on Arbitrary Detention, which is mandated by the UN Human Rights
Council to investigate cases of deprivation of liberty in a manner inconsistent with
international human rights standards, has responded to a number of cases involving
deprivation of liberty on the basis of sexual orientation. In so doing, it has expressed the view
that such detention violates guarantees of equality before the law and the right to equal legal
protection against all forms of discrimination, including that based on sex. 16 More recently, in
its decision on Cameroon, the Working Group reiterated that, since the HRC decision in
12 Committee on Economic, Social and Cultural Rights, General Comment No. 14: The right to the highest attainable standard
of health (Article 12), para 18. Committee on Economic, Social and Cultural Rights, General Comment No. 15: The right to
water, E/C.12/2002/11, 26 November 2002, para 13.
13 Committee on Economic, Social and Cultural Rights, General Comment No. 20: Non-Discrimination in Economic, Social and
Cultural Rights (art. 2, para. 2)
14 Committee Against Torture, General Comment No.2: Implementation of Article 2 by State parties, paras 21 and 22.
Committee on the Rights of the Child, General Comment No.4: Adolescent Health, para 6 and General Comment No. 3,
HIV/AIDS and the rights of the child, para 8.
15 "Special procedures" is the general name given to the mechanisms established by the UN Commission on Human Rights
and assumed by the UN Human Rights Council to address either specific country situations or thematic issues in all parts of the
world. Currently, there are 31 thematic and 8 country mandates. The Office of the High Commissioner for Human Rights
provides these mechanisms with personnel, policy, research and logistical support for the discharge of their mandates. Special
procedures' mandates usually call on mandate holders to examine, monitor, advise and publicly report on human rights
situations in specific countries or territories, known as country mandates, or on major phenomena of human rights violations
worldwide, known as thematic mandates. Various activities are undertaken by special procedures, including responding to
individual complaints, conducting studies, providing advice on technical cooperation at the country level, and engaging in
general promotional activities. See www2.ohchr.org/english/bodies/chr/special/index.htm accessed on 30 May 2010.
16 Report of the Working Group on Arbitrary Detention, UN Doc.E/CN.4/2004/3, of 15 December 2003, para 73. Working Group
on Arbitrary Detention, Opinion No7/2002 (Egypt) of 21 June 2002, para 28, in UN Doc. E/CN.4/2003/8/Add.1, http://daccessdds-ny.un.org/doc/UNDOC/GEN/G03/105/53/PDF/G0310553.pdf?Op accessed on 1 May 2010.
ACJ Report: Human Rights, Sexual Orientation and Gender Identity
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