Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics A Manual for National Human Rights Institutions KEY POINTS: CHAPTER 1 • Sexual orientation and gender identity are fundamental elements of a person’s identity, while sex characteristics are intrinsic parts of a person’s physical make-up. • These distinct concepts help to differentiate the impact of discrimination against lesbian, gay and bisexual people because of their sexual orientation, against transgender people because of their gender identity or against intersex people because of their sex characteristics. • Increasingly, the terms ‘sexual orientation’, ‘gender identity’ and ‘sex characteristics’ are being used by human rights bodies and civil society and listed explicitly as prohibited grounds of discrimination. ‘Gender expression’ is a separate, but related, term that refers to people’s outward expression of masculinity and/or femininity. • Many regional identities combine elements of sexual orientation, gender identity, gender expression or, to a limited extent, sex characteristics. Using these concepts acknowledges both traditional and evolving identities in this region and the common and distinct human rights issues faced by lesbian, gay, bisexual, transgender and intersex people. • By understanding these concepts and how they apply to lesbian, gay, bisexual, transgender and intersex people, NHRIs can choose the most appropriate individual and umbrella terms to use in specific pieces of work. • Being lesbian, gay, bisexual, transgender or intersex is not a medical illness. Viewing people this way (pathologisation) has increased stigma, discrimination and violence against people, including in medical settings, because of their sexual orientation, gender identity or sex characteristics, • Every person has the right to choose whether, when and how they disclose their sexual orientation, gender identity or intersex status. By enabling lesbian, gay, bisexual, transgender and intersex people to choose how much they disclose, NHRIs respect people’s privacy and help to create an inclusive environment. 26