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Prof. Stephen Whittle The School of Law, Manchester Metropolitan University

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1 Prof. Stephen Whittle The School of Law, Manchester Metropolitan University

2 The First Magna Carta of the Homosexual Rights Has Been Released in Yogyakarta, Indonesia a Milestone for Lesbian, Gay, Bisexual, and Transgender Rights (Human Rights Watch) The Yogyakarta Principles are revolutionary because they visualize how bad the situation in the world is for gays, lesbians, bisexuals, transgender and intersex people (Boris Dittrich)

3 Yogyakarta Principles a response to the well-documented patterns of abuse Intention to outline a set of international principles relating to Sexual Orientation & Gender Identity Because they did not exist already Because the idea of them is constantly refuted Because we are constantly refuted

4 the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity: extrajudicial executions, violence and torture, repression of free speech and assembly, refusal to allow to adopt or foster, removal of access to children and discrimination in work, health, education, access to justice, and immigration.

5 I am a Jew. Hath not a Jew eyes? hath not a Jew hands, organs, dimensions, senses, affections, passions? fed with the same food, hurt with the same weapons, subject to the same diseases, healed by the same means, warmed and cooled by the same winter and summer, as a Christian is? If you prick us, do we not bleed?

6 a universal guide to human rights which affirm binding international legal standards with which all States must comply With which all States must comply

7 They promise a different future where all people born free and equal in dignity and rights can fulfil that precious birthright

8 address a broad range of human rights standards and their application to issues of sexual orientation and gender identity their Application

9 WHY? The ongoing human rights abuses experienced by LGBT & I people The ongoing abuses experienced by LGBT & I people The failure of the international community to POLICE their own The response is fragmented, and inconsistent it falls by the wayside when it comes to foreign policy objectives

10 29 Principles and Additional Recommendations PRINCIPLE 3. The Right to recognition before the law PRINCIPLE 8. The Right to a Fair Trial PRINCIPLE 10. The Right to Freedom from Torture and Cruel, Inhuman or Degrading Treatment or Punishment. PRINCIPLE 13. The right to social security and to other social protection measures PRINCIPLE 14. The right to an adequate standard of living PRINCIPLE 18. Protection from Medical Abuses PRINCIPLE 23. The Right to seek Asylum PRINCIPLE 24. The Right to Found a Family PRINCIPLE 27. The Right to Promote Human Rights

11 P3. Right to recognition before the law P10. Freedom from Torture and Cruel, Inhuman or Degrading Treatment or Punishment Transsexual Prisoner wants sex swop reversal (The Daily Mirror, 2006) Many of the UKs Trans Prison population are spending their sentences in a sole occupancy room, next to the Psychiatric Unit It is not solitary – meet other trans prisoners 1 hour a day The Valueless Gender Recognitions certificate

12 P 13. The right to social security and to other social protection measures KB v NHS Pensions Agency (C-117/01) ECJ [2005] Linda Grant v. UK (Case 32570/03) ECHR [2006] Sarah Margaret Richards v Secretary of State for Work and Pensions (Case C-423/04) ECJ [2006] 20+ trans pensioners are still fighting

13 P 23. The Right to seek Asylum UK – the Immigration and Nationality refuse to develop a policy on Trans asylum seekers Each case has to be worked on separately by teams of volunteers Yet nobody has been turned away who has obtained help

14 P24. The Right to Found a Family It seems only 1 Trans person has been allowed to adopt She is single It is an inter-family adoption Those trans men and their partners who try to adopt come up against systematic law breaking by social care workers – and never get past the assessment stage

15 Most Homophobia is Transphobic Trans people self-protect and behave defensively because they are living in fear. 7 3% of respondents experienced harassment 10% were victims of threatening behaviour when out in public spaces 47% of trans people do not use public social or leisure facilities for fear of violence or discrimination 18.5% of those who had interactions with the police felt they were not treated appropriately. Announced Queens speech Nov 6 th – as a possibility Inciting hatred against Trans people

16 P 7. Right to Freedom from Arbitrary deprivation of liberty The Story of Phyllis and all those like her The Trans person is the victim in nearly all cases – so why do we arrest them

17 Were we unanimous? Did we disagree? P 18. P ROTECTION FROM M EDICAL A BUSES Take all necessary legislative, administrative and other measures to ensure that no childs body is irreversibly altered by medical procedures in an attempt to impose a gender identity without the full, free and informed consent of the child in accordance with the age and maturity of the child and guided by the principle that in all actions concerning children, the best interests of the child shall be a primary consideration

18 Intersex Babies and Children Who knows / decides the best interests of babies and children born with intersex conditions The Surgeons who take a conservative position – it will cause irrevocable harm if a child goes to school with visibly different genitals The parents who listen to doctors - assume doctor knows best - provide consent to surgical alteration of the genitals.

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