Thesis plan/research plan

this is a shortened version of the thesis plan. Fulfill the boxes and delete the explanation part (in
italic):

Name of the student

Ana Domínguez Rodríguez

Title

The legal power of the of the UN General Assembly and the UN Human Rights Council on
the protection of the rights of the LGBTQ community

Legal problem you will analyse in your research.

70 countries still criminalize homosexuality, and 5 of them even with the death penalty. Most
of them are part on the United Nations, which has publicly stated its support for the
community, however the numbers are still alarming. The General Assembly and the Human
Rights Council are the two main agencies in charge on the record of human rights violations,
including in the case of people belonging to the LGBTQ community. The UN as a
Supranational Organization, and the General Assembly and the Human Rights Council as
main organs propose measures to promote the permanence of the rights of the community and
encourages member states, but nothing legally binding was passed. This gives the opportunity
of action exclusively to member states. The problem is that the subject is a matter of high
division, so the situation will not change unless supranational action is enforced.

Research question

What are the barriers that the UN General Assembly and the Human Rights Council face
when promoting the rights of the LGBTQ community in relation to their member States?

Methods

This research will be based on empirical methodology, as the collection and analysis of different legal
procedures will be used. The deep analysis of UN’s proposals, statements and resolutions, but also
treaties and other legal action related to the topic will be the focus for the research.

Preliminary structure of the research

I. Introduction (general overview of the current situation concerning the LGBTQ and its relation
to the United Nations, also the introduction of the research question, to be further
developed later)
 2

II. Literature Review (review of the works and legal processes already published, dedicating
subchapters to the progress on the development of the rights con the queer community, but
also, statements, resolutions and proposals made by the General Assembly and the Human
Rights Council and the consequences that carried)
III. Discussion (presentation of the research question and development of the main arguments that
compose the main hypothesis)
a. The lack of legally binding law-making power of the UN Organs
b. The unwillingness of member states to act
c. The lack of efficiency of external influences on member states for action (like NGOs)
IV. Conclusions (resume the main arguments and prediction on the future of the action of the UN
in relation to the LGBTQ community or introduction to the most recent data that could
help with it)

The list of sources to be used

• General Assembly of the United Nations. (2003, February 25th). Resolution 57/214:
Extrajudicial, summary or arbitrary executions. (A/RES/57/214).
• United Nations. (2015, September). Joint Statement on "ending violence and discrimination
against lesbian, gay, bisexual, transgender and intersex (LGBTI) adults, adolescents and
children".
• Trithart, A. (2021, February). A UN for All? UN Policy and Programming on Sexual
Orientation, Gender Identity and Expression, and Sex Characteristics. Report from the
International Peace Institute.
• United Nations. (2018, June 19th). The Role of the United Nations in Combatting
Discrimination and Violence against Lesbian, Gay, Bisexual, Transgender and Intersex
People.
• Lavinas Picq, M., & Thiel, M. (2015). Sexualities in World Politics: How LGBTQ claims
shape International Relations. Edited by Jenny Edkins and Nick Vaughan-Williams,
published by Routledge.
• United Nations Organization. (2021). How does the UN protect Human Rights?
Human Rights. https://www.un.org/en/our-work/protect-human-rights
• Human Rights Council of the United Nations. (2011, July 14th). Resolution 27/32 on
human rights, sexual orientation and gender identity. (A/HRC/RES/17/19).
• Human Rights Council of the United Nations. (2014, October 02nd). Resolution 17/19
on human rights, sexual orientation and gender identity. (A/HRC/RES/27/32).
• Human Rights Council of the United Nations. (2016, July 15th). Resolution 32/2 on
the protection against violence and discrimination based on sexual orientation and
gender identity. (A/HRC/RES/32/2).
• United Nations. (1945, October). Charter of the United Nations. (1 UNTS XVI)