Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics A Manual for National Human Rights Institutions Of the 17 States globally that in May 2015 authorised same-sex marriage, only one State, New Zealand, is in the Asia Pacific region.147 Of the 12 States globally that recognised same-sex relationships civilly, only one State, Australia, was in the Asia Pacific region.148 All other States in the Asia Pacific region deny any form of recognition of or legal status to same-sex relationships. The High Commissioner for Human Rights has said: While States are not required under international law to recognize same-sex marriage … [w]herever States provide benefits such as pension and inheritance entitlements for unmarried heterosexual couples, the same benefits should be available to unmarried homosexual couples.149 2.5. EXPRESSION, ASSEMBLY AND ASSOCIATION The fundamental freedoms of expression, assembly and association have been identified as areas in which the human rights of lesbian, gay and bisexual people are curtailed and violated. These rights concern their ability to: • speak freely about their lives, their experiences and their needs, in publications, the arts and literature and in public forums • form and participate in lesbian, gay and bisexual advocacy and social groups • associate with similar people. These rights are especially relevant for the work of lesbian, gay and bisexual human rights defenders and activists. Acting to promote and protect the human rights of lesbian, gay and bisexual people, these defenders often have higher visibility than other lesbian, gay and bisexual people and are therefore more vulnerable to retributive action when they exercise their rights to expression, assembly and association. The ACJ has pointed to the importance of these rights for lesbian, gay and bisexual people and to their restriction in the Asia Pacific region: Freedom of expression, assembly and association are of fundamental importance to people of diverse sexual orientation and gender identity as they facilitate participation and recognition within the body politic, as well as access to information about their rights within the community. Such rights are also crucial in supporting human rights defenders promoting the rights of [lesbian, gay and bisexual] people. They are also fundamental to the success of governmental and community programs that promote and support basic human rights such as the rights to employment, education and health. Within the Asia Pacific region, police and security forces, as well as religious and community groups have sought to limit the ability of [lesbian, gay and bisexual] people to enjoy such rights particularly through the use of laws dealing with public order, public nuisance and public morality, but also through harassment and intimidation.150 42 147 International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA); State Sponsored Homophobia 2015: A world survey of laws: criminalisation, protection and recognition of same-sex love, May 2015, p. 41. The United States of America has since extended same sex marriage authorisation nationally as a result of a Supreme Court decision on 26 June 2015 in Obergefell v Hodges; see www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf. The New Zealand law is based on broader marriage equality than same-sex marriage alone, legalising marriage between people of any sex, gender identity or sexual orientation. 148 International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), State Sponsored Homophobia 2015: A world survey of laws: criminalisation, protection and recognition of same-sex love, May 2015, p. 42. Civil recognition extends to same-sex relationships all or most of the rights associated with marriage without permitting marriage. Some parts of Australia have enacted this limited form of recognition. 149 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. 67, referring to CCPR/C/CHN/HKG/CO/3, para. 23, CCPR/C/78/D/941/2000, para 10.4 and CEDAW/C/SRB/CO/2-3 para. 39(d). 150 APF, ACJ Report: Human rights, sexual orientation and gender identity, 2010, p. 29; at www.asiapacificforum.net/resources/acjreport-sogi/.