(Principles 28-29).85 The Principles also detailed recommendations to the states
to apply international human rights standard on the protection of all people
irrespective of sexual orientation or gender identity. The Yogyakarta Principles
also included 16 additional recommendations to various international, regional
and national human rights actors and non -state actors.
75.
Although the Yogyakarta Principles have not yet been referred to specifically
in resolutions of any political forum such as the Human Rights Council or the
General Assembly,86 the Principles have been referred to by human rights
mechanisms such as the Committee on Economic, Social and Cultural Rights,
which in 2009 adopted the definitions of sexual orientation and gender identity
based from the Yogyakarta Principles for the purposes of its General Comment
20 on non-discrimination in economic, social and cultural rights:
“32. “Other status” as recognized in article 2, paragraph 2, includes sexual orientation.
States parties should ensure that a person’s sexual orientation is not a barrier to realizing
Covenant rights, for example, in accessing survivor’s pension rights. In addition, gender
identity is recognized as among the prohibited grounds of discrimination; for example,
persons who are transgender, transsexual or intersex often face serious human rights
violations, such as harassment in schools or in the workplace”87
It was also referred by the Special Rapporteur on the right to health:
“46. Certain groups deserve special consideration regarding the protection of informed
consent as a result of vulnerabilities stemming from economic, social and cultural
circumstances. Principles 17 and 18 of the Yogyakarta Principles, for instance, highlight
the importance of safeguarding informed consent of sexual minorities. Health-care
providers must be cognizant of and adapt to the specific needs of lesbian, gay, bisexual,
transgender and intersex persons. Such elements of vulnerability significantly overlap
and exacerbate inequalities; however, certain groups are addressed separately below for
the purposes of this report.”88
Special Rapporteur on the right of education:
23. In order to be comprehensive, sexual education must pay special attention to
diversity, since everyone has the right to deal with his or her own sexuality without being
discriminated against on grounds of sexual orientation or gender identity.9 Sexual
education is a basic tool for ending discrimination against persons of diverse sexual
orientations. A very important contribution to thinking in this area was made by the
2006 Yogyakarta Principles on the application of international human rights law in
85 Asia Pacific Forum of National Human Rights Institutions and the United Nations Development
Programme. (June 2016). Promoting and Protecting Human Rights in relation to Sexual Orientation,
Gender identity and Sex Characteristics: A Manual for National Human Rights Institution. P. 135-136
86 Asia Pacific Forum of National Human Rights Institutions and the United Nations Development
Programme. (June 2016). Promoting and Protecting Human Rights in relation to Sexual Orientation,
Gender identity and Sex Characteristics: A Manual for National Human Rights Institution. P.142
87 E/C.12/GC/20 at page 10
88 A/64/272 at page 13
Report On Transgender Persons In KL And Selangor |
35