INTERNATIONAL HUMAN RIGHTS LAW RELATED TO THE LGBT ISSUEHILMI ARDANI NASUTION 08410005

Background Every human being are born freedom, they have

rights to determine themselves to be what they want that makes them comfort and suitable. The human instinct and will sometimes make them to change, event it is a fundamental thing in their life. In the case of LGBT person, they change the gender orientation to the one that they feel comfort on it.

Problem Statements How the international human rights law governs

the LGBT? What are the obstacles that frequently faced by the LGBT? How is the status of LGBT in Indonesia?

LGBT?Lesbian Gay Bisexual and Transgender

Universal Declaration of Human RightsThe application of international human rights law is guided by the principles of universality and non-discrimination enshrined in article 1 of the Universal Declaration of Human Rights, which states that all human beings are born free and equal in dignity and rights. All people, including lesbian, gay, bisexual and transgender (LGBT)

ICCPR Article 2 of the International Covenant

on Civil and Political Rights, each State party to the Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant, 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.

The Vienna Declaration and Programme of Action 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

State obligations under international human rights law The obligations of States to prevent violence and

discrimination based on sexual orientation and gender identity are derived from various international human rights instruments. These obligations include the ones listed below. To protect the right to life, liberty and security of persons irrespective of sexual orientation or gender identity To prevent torture and other cruel, inhuman or degrading treatment on grounds of sexual orientation or gender identity

To protect the right to privacy and

against arbitrary detention on the basis of sexual orientation or gender identity To protect individuals from discrimination on grounds of sexual orientation and gender identity To protect the right to freedom of expression, association and assembly in a on discriminatory manner.

Discrimination of LGBT Discriminatory practices persist in all regions.

Sometimes, Government policies have a direct discriminatory impact; in other cases, the absence of applicable national laws facilitates discrimination by private actors.

Seventy-six countries retain laws that are used to

criminalize people on the basis of sexual orientation or gender identity. Such laws, including so-called sodomy laws, are often relics of colonial-era legislation. They typically prohibit either certain types of sexual activity or any intimacy or sexual activity between persons of the same sex. In some cases, the wording used refers to vague and undefined concepts, such as crimes against the order of nature or morality, or debauchery State-sponsored homophobia: a world survey of laws criminalising same-sex sexual acts between

LGBT Rights in Indonesia? No Specific law and regulations relatud

to the LGBT issue

Legal Status of Transgender? Law No. 23 2006 about The civil

Administration Alterina Hofan Agus Widoyo-Nadia Arkedia

Conclusion International Human Rights Law already covers the

matter on LGBT rights, generally stated in The UDHR and ICCPR there must be a specific international agreement related to the LGBT rights to make sure their rights to be internationally recognized by the other country. The international agreement on LGBT rights must be arranged to make sure all country to give a proper treatment to the LGBT persons and prevent any kind of negative treatment by the state and the people. The LGBT person also need a certain attention in Indonesia, where the LGBT has a limited space in the Indonesian legal system that tends to make the LGBT got some difficulties related to their related to the society and law.

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