OHCHR and the Rights of LGBTI people

Issues in focus

Initatives

Select Select

OHCHR and the Rights of LGBTI people

Issues in focus

Initatives

Lesbian, gay, bisexual, trans, intersex and queer (LGBTIQ+) women often face combined forms of violence, stigma and discrimination that are similar to and distinct from those facing women who are not LGBTIQ+. In some countries, almost half of bisexual women report having experienced rape, which is three times higher than other women. LGBTIQ+ women may be targeted both as women as well as on the basis of their sexual orientation, gender identity, expression or sex characteristics. For example, lesbians face physical, verbal and sexual violence as forms of punishment for being perceived to defy gender and sexual norms. LGBTIQ+ women will often also face intersecting discrimination and exclusion based on other characteristics, such as age, skin colour, religion, ethnicity, nationality, migration status and disability. Trans women face particularly high levels of violence and murder, with trans women of colour and sex workers being particularly at risk.

The fight for the human rights of LGBTIQ+ women is an integral part of the fight for women’s rights. The feminist goals of justice and gender equality can only be achieved if all women – including LGBTIQ+ women – are included, as part of a broad, intersectional feminist human rights movement.

Human rights abuses against LGBTQI+ women include, but are not limited to:

  • violence, including sexual violence and killings (see below)
  • torture and cruel, inhuman and degrading treatment, and harmful practices in medical and other settings.
  • criminalization, for example through prohibitions on consensual same-sex relations or so-called “cross-dressing” prohibitions 
  • lack of legal recognition of gender identity of trans women
  • discrimination in health (in particular sexual and reproductive health), housing, education, sport, employment and other services, as well as access to justice

To help address these violations, there have been various initiatives by our Office, UN agencies and regional human rights mechanisms including: 

Violence, killings, torture and ill-treatment

Despite the lack of investment in the collection of data on violence against and killings of LGBTIQ+ women, and significant underreporting, the available evidence is alarming. Violence is commonplace in public and private spaces, health settings, places of detention, humanitarian emergencies, conflict zones and other settings. Violence is perpetrated by government entities, but is also widespread within families and local communities, and even occurs in schools. Lesbians are particularly at risk of so-called “crimes of honour” and “corrective” rape, and lesbian and bisexual women face high risks of forced impregnation and acid attacks. They are also coerced into forced marriage. In addition to violence, trans women are regularly subjected to forced or coerced sterilisation and other unwanted medical procedures as a requirement to access legal gender recognition. LGBTQ+ women are also forced to undergo so-called “conversion therapy” practices. Infanticide of girls with intersex traits are reported in East and Southern Africa and South Asia, and intersex women and girls are frequently subjected to medically unnecessary and non-consensual surgeries and medical procedures in their childhood. LGBTIQ+ women face high levels of hate speech and incitement to violence online and offline, and LGBTIQ+ women human rights defenders face specific targeting and violence.

To protect LGBTIQ+ women from violence, States should:

  1. Investigate, prosecute and provide remedy for acts of violence and discrimination against LGBTIQ+ women and those who defend their rights, and hold perpetrators accountable.
  2. Ensure LGBTIQ+ women survivors of violence have access to inclusive and non-discriminatory shelters and support.
  3. Train law enforcement and judicial officials on how to treat LGBTIQ+ women with dignity and respect, how to provide them with effective protection and access to remedy, and how to combat gender stereotypes and bias.
  4. Carry out public education campaigns to combat the root causes of violence and discrimination against LGBTIQ+ women, including negative and harmful gender norms and stereotypes.
  5. Enact legislation and policies that address hate speech and hate crimes based on sexual orientation, gender identity and sex characteristics.
  6. Ensure that trans women can access legal recognition of their gender identity based on self-identification and through a simple administrative procedure without abusive preconditions such as medical certification, diagnosis, treatment, surgery or divorce.
  7. Ensure that intersex women have access to facilitated procedures to amend sex and/or gender markers on official documents based on self-determination, without abusive requirements.

The UN also has recommendations and information on intersex people and transgender people, and criminalization, that are relevant for LGBTIQ+ women.

Additional resources

Born Free and Equal (2nd Edition)
2019 OHCHR publication setting out how international human rights law applies to issues relevant to LGBTQI+ populations, including LGBTIQ+ women.

Living Free and Equal
2016 OHCHR publication providing an overview of policy trends, highlighting positive developments and drawing attention to areas that require further action by States.

See our full list of publications
 

Tags