Omar Bennett
While the majority of countries guarantee equal rights on the basis of gender, ethnicity and religion, the same cannot be said for LGBT rights. In fact, a 2016 UCLA study found that LGBT rights and protections are scarce in constitutions around the world. Only five countries have constitutions that explicitly guarantee equality for citizens on the basis of sexual orientation and gender identity. However, the UN Human Rights Committee has ruled that states have an obligation under international law to protect people from differential treatment based on sexual orientation.
| Characteristics | Values |
|---|---|
| LGBT rights and protections in constitutions | Scarce |
| Number of countries that expressly ban gay marriage | 13 |
| Number of countries that introduced case law or legislation in support of marriage equality | 22 |
| Number of countries with constitutions that explicitly guarantee equality for citizens on the basis of sexual orientation and gender identity | 5 |
| Number of countries that signed the 2011 Human Rights Council statement protecting equal rights for LGBT individuals in all spheres of life | 85 |
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What You'll Learn
- Same-sex marriage
- Religious and philosophical objections to gay marriage
- LGBT rights and protections in constitutions around the world
- The U.N. Human Rights Committee's ruling on differential treatment based on sexual orientation
- The Human Rights Council's 2011 statement on equal rights for LGBT individuals
Same-sex marriage
While there has been an increase in the number of constitutional protections for LGBT individuals, there has also been an increase in the number of countries that expressly ban gay marriage. Of the 193 national constitutions studied by UCLA, none explicitly protected the right to same-sex marriage, but 22 countries introduced case law or legislation in support of marriage equality.
Despite this, religious and philosophical objections to gay marriage are also protected views and forms of expression. It is important to note that these objections do not allow business owners and other actors in the economy to deny LGBT individuals equal access to goods and services under a neutral and generally applicable public accommodations law.
While progress has been made in some countries, LGBT rights and protections remain scarce in constitutions around the world. Only five countries have constitutions that explicitly guarantee equality for citizens on the basis of sexual orientation and gender identity. Extending the same protection to LGBT persons is critical for ensuring that fundamental human rights are respected.
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Religious and philosophical objections to gay marriage
While the number of constitutional protections for LGBT individuals has increased, there is still a long way to go. Of the 193 national constitutions studied by UCLA, none explicitly protected the right to same-sex marriage, and 13 countries constitutionally banned it.
Despite this, religious and philosophical objections to gay marriage are protected views and, in some instances, protected forms of expression. However, these objections do not allow business owners and other actors in the economy to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law.
The recognition that gay persons and couples cannot be treated as social outcasts or as inferior in dignity and worth has led to the protection of their civil rights in law and the Constitution. Nevertheless, religious and philosophical objections to gay marriage persist, often rooted in traditional interpretations of sacred texts and natural law theory.
One common religious objection to gay marriage is the belief that marriage is a sacred institution ordained by God and defined as a union between one man and one woman. This belief is particularly prevalent in Abrahamic religions, including Christianity, Islam, and Judaism, which interpret sacred texts as condemning same-sex relationships.
Another philosophical objection to gay marriage centres on the idea of natural law theory, which holds that marriage is inherently ordered towards procreation and the continuation of the species. According to this view, same-sex relationships are considered unnatural and incompatible with the traditional understanding of marriage as a heterosexual union.
Despite these objections, the trend towards recognising and protecting the rights of LGBT individuals is gaining momentum globally. The U.N. Human Rights Committee has ruled that states have an obligation to protect people from differential treatment based on sexual orientation, and 85 countries have signed a statement reaffirming the protection of equal rights for LGBT individuals in all spheres of life.
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LGBT rights and protections in constitutions around the world
While many countries guarantee equal rights on the basis of gender, ethnicity, and religion in their constitutions, extending the same protection to LGBT individuals is a critical first step for ensuring fundamental human rights are respected.
Constitutional protections of LGBT rights remain rare. Only five countries in the world have constitutions that explicitly guarantee equality for citizens on the basis of sexual orientation and gender identity. In 2011, the Human Rights Council reaffirmed the protection of equal rights for LGBT individuals in all spheres of life in a statement that was signed by 85 countries representing every region of the world. However, a UCLA study found that LGBT rights and protections are scarce in constitutions around the world. Of the 193 national constitutions studied, none explicitly protected the right to same-sex marriage, but 22 countries introduced case law or legislation in support of marriage equality. Thirteen countries enacted constitutional bans on same-sex marriage or constitutionally permitted legislation to do so.
The increase in the number of constitutional protections does not signal consistent progress in the rights of LGBT individuals, as evidenced by the increase in the number of countries that expressly ban gay marriage. The U.N. Human Rights Committee has ruled repeatedly that states have an obligation under international law to protect people from differential treatment based on sexual orientation. While religious and philosophical objections to gay marriage are protected views and forms of expression, they do not allow business owners and other actors in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law.
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The U.N. Human Rights Committee's ruling on differential treatment based on sexual orientation
The United Nations Human Rights Council passed its first resolution against discrimination based on sexual orientation and gender identity in 2011. The non-binding resolution expressed grave concern about acts of violence and discrimination against individuals because of their sexual orientation and gender identity. It also called upon the U.N. High Commissioner for Human Rights to commission a study to document discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity worldwide. The study was to be finalised by December 2011 and was to explore how international human rights law can be used to end violence and related human rights violations based on sexual orientation and gender identity.
The United Nations political bodies had not discussed LGBT rights regarding equality regardless of sexual orientation or gender identity until 1994, through the favourable resolution of the Toonen v. Australia case by the UN Human Rights Committee. In April 2003, Brazil presented a resolution prohibiting discrimination on the basis of sexual orientation to the United Nations Commission on Human Rights. However, the Commission voted to postpone discussions on the resolution until 2004. In December 2006, Norway presented a joint statement on human rights violations based on sexual orientation and gender identity on behalf of 54 states, expanding the discussions to include gender identity.
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The Human Rights Council's 2011 statement on equal rights for LGBT individuals
While there has been an increase in the number of constitutional protections for LGBT individuals, there is still a long way to go. In 2011, the Human Rights Council reaffirmed the protection of equal rights for LGBT individuals in all spheres of life in a statement that was signed by 85 countries representing every region of the world. This was the first resolution on rights for homosexuals and transgendered individuals, calling for an end to sexual discrimination and recognising it as a "priority issue". The resolution expresses grave concern at acts of violence and discrimination, in all regions of the world, committed against individuals because of their sexual orientation and gender identity. It also calls upon the UN High Commissioner for Human Rights to commission a study to be finalised by December 2011, to document discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, in all regions of the world.
Despite this, LGBT rights and protections are still scarce in constitutions around the world. A UCLA study found that only five countries in the world have constitutions that explicitly guarantee equality for citizens on the basis of sexual orientation and gender identity. The study also found that while there has been an increase in the number of constitutional protections, there has also been an increase in the number of countries that expressly ban gay marriage. Of the 193 national constitutions studied, none explicitly protected the right to same-sex marriage, but 22 countries introduced case law or legislation in support of marriage equality.
However, it is important to recognise that society has come to the understanding that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth. For this reason, laws and constitutions can and must protect them in the exercise of their civil rights. While religious and philosophical objections to gay marriage are protected views and forms of expression, they do not allow business owners and other actors in the economy to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law.
The Universal Declaration guarantees all human beings their basic rights without exception, and when individuals are attacked, abused or imprisoned because of their sexual orientation or gender identity, the international community has an obligation to respond. Many states have strengthened human rights protection for LGBTI people in recent years, including by decriminalising consensual same-sex relations, repealing laws criminalising transgender persons, and adopting laws banning discrimination that explicitly includes sexual orientation, gender identity and sex characteristics.
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Frequently asked questions
While the majority of countries guarantee equal rights on the basis of gender, ethnicity and religion, only five countries in the world have constitutions that explicitly guarantee equality for citizens on the basis of sexual orientation and gender identity.
Of the 193 national constitutions studied by UCLA, none explicitly protected the right to same-sex marriage, but 22 countries introduced case law or legislation in support of marriage equality.
The UN Human Rights Committee has ruled repeatedly that states have an obligation under international law to protect people from differential treatment based on sexual orientation.
