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UN General Assembly splits on gay rights

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The UN General Assembly was divided Thursday over the the issue of decriminalizing homosexuality as 66 nations signed a statement calling for decriminalization, and nearly 60 nations signed an opposing statement. The representative from Argentina, speaking on behalf of primarily European and Latin American countries, including the UK, Germany, and Brazil, read a statement urging states to:take all the necessary measures, in particular legislative or administrative, to ensure that sexual orientation or gender identity may under no circumstances be the basis for criminal penalties, in particular executions, arrests or detention.The representative from Syria, speaking on behalf of primarily African and Middle Eastern countries, including Iran, Iraq, and Egypt, read a statement affirming universal principles of human rights but expressing concern over attempts to introduce notions "that have no legal foundation in any international human rights instrument." The US signed neither statement. The statements remained open for signatures, no resolution was drafted, and no voting occurred on the issue. The UN High Commissioner for Human Rights Navi Pillay said Thursday that too many countries continue to criminalize homosexual behavior. Pillay said:The ageless cliche that everyone is equal but some are more equal than others is not acceptable. No human being should be denied their human rights simply because of their perceived sexual orientation or gender identity. No human being should be subject to discrimination, violence, criminal sanctions or abuse simply because of their perceived sexual orientation or gender identity.Gay rights have been a contentious issue worldwide with little global consensus. Last month, the parliament of Burundi criminalized homosexuality, and the Supreme Court of Nepal approved same-sex marriages. In October, the Portuguese parliament voted overwhelmingly against proposals to legalize same-sex marriage. In the US, same-sex marriages are now permitted in Massachusetts and Connecticut. In November, same-sex marriage bans passed in California, Arizona, and Florida, leading to nationwide demonstrations and a call from California's Attorney General for the California Supreme Court to examine challenges to the ban's legality.

Full post as published by JURIST - The Paper Chase on December 19, 2008 (boomark / email).