Social Injustice in Sexual Orientation

The Universal declaration of human rights, article 2 states that “Everyone is entitled to all the

rights and freedoms…, without distinction of any kind...” (1) Each individual in society should be

perceived with equal value and equal opportunities without any discrimination. United nation states

that “discrimination is used to describe the wide range of inequalities and indignities that are suffered by

persons who are seen as less able and less deserving by those wielding power, by reason of their race, colour,

sex, language, religion, political or other opinion, national or social origin, property, birth or other status”.(2)

While Human rights targets individuals, social justice is focus on society (3). In addition, social

justice also attempts to prevent human rights abuses. There are many issues about social justice.

However, in this report we will focus on lesbian, gay, bisexual, transgender or intersex (LBGT)

rights.

In many countries, being lesbian, gay, bisexual, transgender or intersex can mean living with daily

discrimination, harassment, blackmail and sometimes violence. Some countries such as Iran, Saudi

Arabia, Sudan and Yemen will prosecute LGBT people and punish them with death sentences or

very long prison sentences. Russia has introduced very strong anti-gay legislation. The Chechen

Republic Russian state has been reported as detaining and torturing LGBT communities.

Same-sex sexual activity is a crime in many countries but even if there are no laws restricting

LGBT these communities can face prejudice by society. In the past, gay and lesbians have had no

rights to teach in public schools, to adopt children, and to provide foster care. The topic of

homosexuality is often deemed inappropriate for discussion in public schools, including in sex

education courses. Lesbians and gays are often barred from attending church. They are the victims

of hate crimes and targets of verbal abuse. Their parents sometimes reject them, and many gay

youths have either attempted or contemplated suicide.

However, in June 26, 2015, all US states licensed and recognized marriage between same-sex

couples as a result of a Supreme Court decision. This was not without resistance from conservative

groups who believed that same sex marriage would destabilize the family. Conservative lawmakers

devoted much attention to the drafting of exemptions to protect churches and religious
organizations from being charged with bias for declining to assist in same-sex marriages.

(Washington,2016)Exemptions of this sort are sometimes dismissed as placating opponents but they

are entitled to have and support their own beliefs which are based on historic religious ideology and

Biblical texts that state marriage should be between a man and a woman.

Same sex activists in the United States claim gay marriage is an ‘‘equal rights’’ issue stating a lack

of same-sex couples’ rights and legal equality. ( Framing gay marriage as a religious right suggests

that the parties who are harmed by marriage laws discriminating against same-sex couple include

not only the individual men and women in these relationships but also the churches who support

gay marriage and their members, regardless of their sexual orientation.) (6,p.300)

However, some groups have a different point of view over gay marriage in the United States. They

say gay marriage is a religious right from The First Amendment giving religious liberty. Three

criticisms of using religious rights are Firstly, Proposing gay marriage is a religious right could

legalize polygamy and other unconventional marital practices; Secondly, religious rights could

result in the state endorsing liberal religious views on gay marriage; and Thirdly, religious rights

does not give protection to all same-sex couples who wish to be legally married, only to those in a

religious community that supports same an alternative legal strategy is to claim marriage rights for

same-sex couples. Religious groups have been opposing gay marriage. However, they do not speak

with the same voice. (6,pp.315).

Religious groups have complained that same-sex marriage will interfere with religious institutions

and the conscience of individuals’ religious beliefs. Catholic Charities have pulled out of adoption

program involving gay couples. Government and Medical staff face legal complaints for refusing

services to same-sex relationships. Some hospitality organizations such as hotels will not allow

same sex guests to stay in the same room.

However, to protection the discrimination against the LGBT has been recognized in The United

Nations Human Rights Council, in a defining vote, adopted a resolution on June 30, 2016, on

“Protection against violence and discrimination based on sexual orientation, and gender identity”(4)
Recently, this topic has been discussed in President election,Pete Buttigieg, a Democratic candidate

for president and a religious gay man believes his party has given up the discussion of religion and

gay rights to Republican, President Trump. (7)

Since same-sex marriage became a major issue the main focus has been between civil rights and

individual freedoms.

In Summary, all LGBT rights have made progress and is now widely accept in society by many

countries. The recognition of their rights by The United Nations has made a big difference.

However, further work to do about improving LGBT rights has to be done. In some countries,

violence and prejudice against LGBT still exist in society.

References

1. United Nation, Universal Declaration of Human Rights, online access:

https://www.un.org/en/universal-declaration-human-rights/

2. United Nations, “In larger freedom: towards development, security and human rights for all: report of

the Secretary-General” (A/59/2005; 21 March 2005).

3. United Nation,The International Forum for Social Development Social Justice in an Open World The

Role of the United Nations, Department of Economic and Social Affairs Division for Social Policy and

Development, New York, 2006, https://www.un.org/esa/socdev/documents/ifsd/SocialJustice.pdf

4. . . Delaet L. D., and Caufield P. Rachel, “Gay Marriage as a Religious Right: Reframing the Legal Debate

over Gay Marriage in the United States” Polity, vol. 40, no. 3, Northeastern Political Science Association,

July2008, www.https://doiorg.libproxy.unm.edu/10.1057/palgrave.polity.2300103

5. Rimmerman, Craig A. “The Lesbian and Gay Movements : Assimilation or Liberation?” vol. 2nd ed,

Routledge, 2014.
6. United Nation General Assembly, Resolution adopted by the Human Rights Council on 30 June 2016

32/2. Protection against violence and discrimination based on sexual orientation and gender identity.15 July

2016. A/HRC/RES/32/2, https://www.un.org/en/ga/search/view_doc.asp?symbol=A/HRC/RES/32/2

7. Peters, Jeremy W, “Gat and Christian,a 2020 Contender Challenges the Religious Right” New York

Times, Late Edition (East Coast); New York, N.Y., 11 Apr 2019: A.14.

4.Olson, Gay, “Marriage:Two views From the Right: An Amen for Albany” Wall Street Journal, Eastern

edition; New York, N.Y.,30 June 2011: A.15, Online acess;

4. United Nations, “In larger freedom: towards development, security and human rights for all: report of the

Secretary-General” (A/59/2005; 21 March 2005).

5. Zylan, Yvonne, “Passions We Like and Those We Don't: Anti-Gay Hate Crime Laws and the Discursive

Construction of Sex, Gender, and the Body”, Michigan Journal of Gender and Law, Vol. 16, Issue 1

(2009), pp. 1-48, www. https://heinonline-org.libproxy.unm.edu/HOL/AuthorProfile?

action=edit&search_name=%20Zylan,%20Yvonne&collection=journals

6. United Nations, “In larger freedom: towards development, security and human rights for all: report of the

Secretary-General” (A/59/2005; 21 March 2005).

https://www.un.org/esa/socdev/documents/ifsd/SocialJustice.pdf

7. https://constitutioncenter.org/interactive-constitution/amendment/amendment-i
(Geneva) – The United Nations Human Rights Council, in a defining vote,

adopted a resolution on June 30, 2016, on “Protection against violence and

discrimination based on sexual orientation, and gender identity

https://www.hrw.org/news/2016/06/30/un-makes-history-sexual-orientation-gender-identity

,” to mandate the appointment of an independent expert on the subject. It is

a historic victory for the human rights of anyone at risk of discrimination

and violence because of their sexual orientation or gender identity, a

coalition of human rights groups said today. This resolution builds upon

two previous resolutions, adopted by the Council in 2011 and 2014.

https://www.un.org/esa/socdev/documents/ifsd/SocialJustice.pdf

DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS Division for Social Policy and

Development ,The International Forum for Social Development Social Justice in an Open World The Role of

the United Nations,United Nations New York, 2006

https://www.un.org/esa/socdev/documents/ifsd/SocialJustice.pdf

Last Name, First Name, editor. Conference Title, Conference Date and Location, Publisher, Date of

Publication.

The term “discrimination” is certainly an inadequate means of describing the vast range of inequalities and

indignities that are suffered by persons who are seen as less able and less deserving by those wielding power,

by reason of their race, colour, sex, language, religion, political or other opinion, national or social origin,

property, birth or other status. Guarantees of non-discrimination figure prominently in every international

human rights standard because ideas of inferiority, inequality or unwarranted distinctions between

individuals are anathema to the notion of a common humanity, which is the moral basis for these standards.

13. Laws in some countries, and practice in many, in all regions of (page 8) reference from

United Nations, “In larger freedom: towards development, security and human rights for all: report of the

Secretary-General” (A/59/2005; 21 March 2005).

Returning to the Charter, it may be argued that while not explicitly stated, justice among people and for all

the world’s peoples is its fundamental rationale. As noted earlier, these priorities fall under the heading of

international justice, whereby Governments are compelled to represent and serve their populations and act in

their best interest, without discrimination, and the sovereign equality of all States is respected. In the

Preamble to the Charter, the commitment to justice for people is expressed as a reaffirmation of “faith in

fundamental human rights, in the dignity and worth Social Justice in an Open World: The Role of the United

Nations 14 of the human person, [and] in the equal rights of men and women”. It requires the promotion of

“social progress and better standards of life in larger freedom” and of “the economic and social advancement

of all peoples”. It underlies the third stated purpose of the United Nations (after maintaining peace and

friendly relations among nations), which is “to achieve international cooperation in solving international
problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging

respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language,

or religion” (Article 1). This purpose is then reiterated in Article 13 as one of the functions of the General

Assembly, and in Articles 60 and 62 in reference to the role of the Economic and Social Council in this

regard. In short, justice derives from equality of rights for all peoples and the possibility for all human

beings, without discrimination, to benefit from the economic and social progress disseminated and secured

through international cooperation.(page 13-14) reference DEPARTMENT OF ECONOMIC AND

SOCIAL AFFAIRS Division for Social Policy and Development ,The International Forum for Social

Development Social Justice in an Open World The Role of the United Nations,United Nations New York,

2006,https://www.un.org/esa/socdev/documents/ifsd/SocialJustice.pdf

https://www.ohchr.org/EN/Issues/Discrimination/Pages/LGBTUNResolutions.aspx

https://www.un.org/en/ga/search/view_doc.asp?symbol=A/HRC/RES/32/2

Resolution adopted by the Human Rights Council on 30 June 2016 32/2. Protection against violence and

discrimination based on sexual orientation and gender identity

the Vienna Declaration and Programme of Action affirms that all human rights are universal, indivisible and

interdependent and interrelated, that the international community must treat human rights globally in a fair

and equal manner, on the same footing, and with the same emphasis, and that while the significance of

national and regional particularities and various historical, cultural and religious backgrounds must be borne

in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and

protect all human rights and fundamental freedoms, reference

https://www.un.org/en/ga/search/view_doc.asp?symbol=A/HRC/RES/32/2

Recalling Human Rights Council resolutions 5/1 and 5/2 of 18 June 2007, 1. Reaffirms that all human beings

are born free and equal in dignity and rights, and that everyone is entitled to all the rights and freedoms set

forth in the Universal Declaration of Human Rights, without distinction of any kind, such as race, colour,

sex, language, religion, political or other opinion, national or social origin, property, birth or other status; 2.
Strongly deplores acts of violence and discrimination, in all regions of the world, committed against

individuals because of their sexual orientation or gender identity;

( United Nation General Assembly, Resolution adopted by the Human Rights Council on 30 June 2016

32/2. Protection against violence and discrimination based on sexual orientation and gender identity .

A/HRC/RES/32/2, online https://www.un.org/en/ga/search/view_doc.asp?symbol=A/HRC/RES/32/2

EX United Nations General Assembly, Resolution adopted by the General Assembly on 25 September 2015: 70/1

- Transforming our world: the 2030 Agenda for Sustainable Development, accessed 19 September 2019

Ex reference : United Nations, General Assembly, Situation of human rights in the Democratic People’s

Republic of Korea: report of the Secretary-General, A/63/332 (26 August 2008), available from

undocs.org/en/A/63/332.

EXMeeting Records
U.N. General Assembly, 41st Session. Second Committee. Summary
Report of the 34th Meeting. 21 Nov. 1986 (A/C.2/41/SR.34). Official
Record. 4 Dec. 1986.
Ex

he Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General

Assembly resolution 217 A) as a common standard of achievements for all peoples and all nations

Human rights efforts focused on the individual, while the work on development and social justice

concentrated on society …..and international cooperation for development. The pursuit of social justice,

which involved efforts to achieve greater equality in the living conditions of different social groups and

classes (page 53, https://www.un.org/esa/socdev/documents/ifsd/SocialJustice.pdf

reference DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS Division for Social Policy and

Development ,The International Forum for Social Development Social Justice in an Open World The Role of
the United Nations,United Nations New York,

2006,https://www.un.org/esa/socdev/documents/ifsd/SocialJustice.pdf

https://www.hrw.org/report/2016/12/07/walking-through-hailstorm/discrimination-against-lgbt-

youth-us-schools

ehicles for educating, socializing, and providing services to young people in the United
States. Schools can be difficult environments for students, regardless of their sexual
orientation or gender identity, but they are often especially unwelcoming for lesbian,
gay, bisexual, and transgender (LGBT) youth. A lack of policies and practices that
affirm and support LGBT youth—and a failure to implement protections that do exist—
means that LGBT students nationwide continue to face bullying, exclusion, and
discrimination in school, putting them at physical and psychological risk and limiting
their education.

In 2001, Human Rights Watch published Hatred in the Hallways: Violence and Discrimination

against Lesbian, Gay, Bisexual, and Transgender Students in US Schools. The report documented

rampant bullying and discrimination against LGBT students in schools across the country, and

urged policymakers and school officials to take concrete steps to respect and protect the rights of

LGBT youth.

In 2001, Human Rights Watch organization published their report about

Supreme Court Ruling Makes Same-

Sex Marriage a Right Nationwide
The new York time, Supreme Court Ruling Makes Same-Sex Marriage a Right Nationwide
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Conservative Lawmakers and Faith Groups Seek Exemptions ...

27 Jun 2015 - They demanded establishing clear religious exemptions from discrimination ... that
employees should not be penalized for refusing to act in violation of their
beliefs. ... Many other religious groups support same-sex marriage, as do ... protected by the First
Amendment; no church can be forced to hire a gay ...