The HRC (Human Rights Commission) has presented some issues that have been most discussed in various meetings. Among them is the issue of sexual orientation, which seeks to include as a human right. This topic has been discussed in decisions such as violence against women, the death penalty and human rights report in the context of the AIDS virus. Already presented also the 59 th session of the CHR, in a resolution specifically dedicated to non-discrimination for reasons of sexual orientation. The vote on this resolution was postponed for two consecutive years by the controversy caused.
A sum of countries were to present a speech in search of non-discrimination against people because of their sexual orientation, including implicit acceptance of this as a human right.
1. What elements present in its declaration and resolution?
- Sexual orientation is a fundamental aspect of identity of each individual and immutable part of his being. It is contrary to human dignity to force an individual to change their sexual orientation.
- exist in the world human rights violations of persons based on sexual orientation.
- Calls upon all States to promote and protect human rights of all people, whatever their sexual orientation.
- Expresses the importance of human rights education to change attitudes and behavior and promote respect for diversity in society.
2. What country would face negative implications to accept the concept of sexual orientation as a status to protect?
- A country that is committed to a resolution to uphold non-discrimination on grounds of sexual orientation shall be subject to pressure from political groups and national and international NGOs with the following implications:
· not only calls for respect for human persons to the exclusion of arbitrary violence. Rather, it calls for the adoption and promotion of homosexuality and transsexualism as a natural and positive, both in law and in the media and business.
• In educational texts and educational curricula would have to positively promote homosexual activity and contempt of the nuclear family (based on monogamous heterosexual marriage) under the pretext of gender and sexual diversity, tolerance towards homosexuals, the elimination of traditional stereotypes , and sensitivity to gender issues (gender sensitivity). These measures, because national policy would be implemented in schools like it or not parents. This would be against the preferential right of parents to choose education for their children.
· We justify pedophilia, such as claiming some groups, particularly gay-like sexual orientation, since any sexual orientation would be acceptable.
· It would require lowering the legal age of consent for homosexual sexual activity to match that stipulated for heterosexual relationships.
• When sexual orientation is allowed, no freedom of speech for those who speak in favor of homosexuality, but to silence those who speak for the family because they are branded as discriminatory and retrograde.
· It would weaken the identity of the institution of marriage, and could lead to the recognition of polygamy, marriage, or group incest.
· It could come to require the provision of homosexual procreation in vitro fertilization media and to hire mothers are not discriminated against homosexuals on reproductive rights. All this brings its own ethical and legal complications. Besides, it would put large numbers of women, particularly poor, at risk of exploitation to harvest their eggs or to manage other people's children. On the other hand, would undermine the rights and best interests of children in the area to know their genetic parents and have a secure identity.
3. Some clarifications interest:
- The concept of sexual orientation is a choice that may be contrary, for various reasons, so naturally (genetic, gonadal, somatic, psychological and spiritual) as in humans. Examples of sexual orientation are also of heterosexuality (natural), homosexuality and bisexuality.
- The concept of sexual orientation has never been defined in a legally binding and universally recognized. Neither has reached an agreement among doctors, psychologists and psychiatrists about the concept. And although it came to be defined can not appear as an unchangeable part of being given applications are highly variable and media awareness of sexual orientation promote the changes. On the other hand it can be shown that there are many people who previously had homosexual tendencies and now lead fulfilling lives as heterosexuals.
4. Co NCLUSION:
is important to understand human rights as derived from the human being as such, deserves to be treated with dignity. No human rights could be described as those from a particular status, even more, which is not defined. It would be very unstable live in a society in which the identity of persons and their protection law may change according to the situation, status or subjective perceptions. This could set a dangerous precedent and casts doubt on the role of the Commission on Human Rights and the States in general, which should ensure human rights for all and not override human rights as those granted under the status of some.
The State has an obligation to protect the human rights of all persons, without distinction. Measures to prevent discrimination in the field of sexual orientation have to threaten the rights of others, the rights of all.
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