member institution’s jurisdiction. The list is not exhaustive and is intended only to highlight
some key provisions or gaps in legislative protection that should be considered by NHRIs.
Further information is available in the ACJ Background Paper in Chapters 3 and 5. NHRIs
should note that the lists in the Background Paper are also not intended to be exhaustive,
nor are they intended to be in order of priority. They do, however, provide member
institutions with examples of laws, policies and practices that should be considered in the
context of responding to this reference.
Terminology
The terms gender identity and sexual orientation have been defined by the Yogyakarta
Principles on the Application of International Human Rights Law in Relation to Sexual
Orientation and Gender Identity as follows:
‘Sexual orientation’ refers to each person’s capacity for profound emotional, affectional and
sexual attraction to, and intimate and sexual relations with, individuals of a different gender
or the same gender or more than one gender;
‘Gender identity’ refers to each person’s deeply felt internal and individual experience of
gender, which may or may not correspond with the sex assigned at birth, including the
personal sense of the body (which may involve, if freely chosen, modification of bodily
appearance or function by medical, surgical or other means) and other expressions of
gender, including dress, speech and mannerisms;
While sexual orientation and gender identity are the two terms which have the broadest legal
acceptance it might be useful to also indicate the other terms which have been used to
describe those who suffer discrimination on grounds of sexual orientation and gender
identity.
Bisexual – a person who is emotionally/sexually/physically attracted to both men and
women.
Gay – a man who is emotionally/sexually/physically attracted to men.
Lesbian – a woman who is emotionally/sexually/physically attracted to women.
Transgender – a person born anatomically with a certain sex, but who is more comfortable
with a different gender/sexual identity.
Intersex – “Intersex” is a general term used for a variety of conditions in which a person is
born with a reproductive or sexual anatomy that does not fit typical definitions of female or
male reproductive or sexual anatomy.
LGBT – an acronym for ‘lesbian, gay, bisexual and transgender’. This acronym is taken to
include intersex people.
MSM – an acronym for ‘Men who have Sex with Men’. This term is used in the HIV/AIDS
sector to denote a vulnerable population of men who have sex with men but may not identify
as homosexual or bisexual.
Sexuality minorities – people discriminated against due to their sexual identity/orientation
or gender identity. This includes gays, lesbians, bisexuals, transgender and other traditional
gender identities from around the world like hijras, kothis, warias, katoye, berdache etc.
ACJ Report: Human Rights, Sexual Orientation and Gender Identity
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