The rights of LGBTI people: Moving towards a right to sexual orientation and gender identity?

Abstract

This work addresses the rights of sexual minorities within the framework of the international human rights system. Neither the Universal Declaration of Human Rights nor subsequent treaties contain a specific right that recognizes and ensures a decent life for members of the LGBTI community. This article argues "a right to sexual orientation and gender identity" is needed in order to protect the special situation of these people in the world. With that aim, the work of the United Nations High Commissioner for Human Rights and the United Nations Human Rights Council is studied and analyzed and reference is made to the jurisprudential doctrine of the European Court of Human Rights.