THE YOGYAKARTA PRINCIPLES
on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity
Official version in PDF format
Introduction to the Yogyakarta Principles
All
human beings are born free and equal in dignity and rights. All human
rights are universal, interdependent, indivisible and interrelated.
Sexual orientation[1] and gender identity[2] are integral to every person’s dignity and humanity and must not be the basis for discrimination or abuse.
Many
advances have been made toward ensuring that people of all sexual
orientations and gender identities can live with the equal dignity and
respect to which all persons are entitled. Many States now have laws and
constitutions that guarantee the rights of equality and
non-discrimination without distinction on the basis of sex, sexual
orientation or gender identity.
Nevertheless,
human rights violations targeted toward persons because of their actual
or perceived sexual orientation or gender identity constitute a global
and entrenched pattern of serious concern. They include extra-judicial
killings, torture and ill-treatment, sexual assault and rape, invasions
of privacy, arbitrary detention, denial of employment and education
opportunities, and serious discrimination in relation to the enjoyment
of other human rights. These violations are often compounded by
experiences of other forms of violence, hatred, discrimination and
exclusion, such as those based on race, age, religion, disability, or
economic, social or other status.
Many
States and societies impose gender and sexual orientation norms on
individuals through custom, law and violence and seek to control how
they experience personal relationships and how they identify themselves.
The policing of sexuality remains a major force behind continuing
gender-based violence and gender inequality.
The
international system has seen great strides toward gender equality and
protections against violence in society, community and in the family. In
addition, key human rights mechanisms of the United Nations have
affirmed States’ obligation to ensure effective protection of all
persons from discrimination based on sexual orientation or gender
identity. However, the international response to human rights violations
based on sexual orientation and gender identity has been fragmented and
inconsistent.
To
address these deficiencies a consistent understanding of the
comprehensive regime of international human rights law and its
application to issues of sexual orientation and gender identity is
necessary. It is critical to collate and clarify State obligations under
existing international human rights law, in order to promote and
protect all human rights for all persons on the basis of equality and
without discrimination.
The
International Commission of Jurists and the International Service for
Human Rights, on behalf of a coalition of human rights organisations,
have undertaken a project to develop a set of international legal
principles on the application of international law to human rights
violations based on sexual orientation and gender identity to bring
greater clarity and coherence to States’ human rights obligations.
A
distinguished group of human rights experts has drafted, developed,
discussed and refined these Principles. Following an experts’ meeting
held at Gadjah Mada University in Yogyakarta, Indonesia from 6 to 9
November 2006, 29 distinguished experts from 25 countries with diverse
backgrounds and expertise relevant to issues of human rights law
unanimously adopted the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity.
The
rapporteur of the meeting, Professor Michael O’Flaherty, has made
immense contributions to the drafting and revision of the Yogyakarta
Principles. His commitment and tireless efforts have been critical to
the successful outcome of the process.
The
Yogyakarta Principles address a broad range of human rights standards
and their application to issues of sexual orientation and gender
identity. The Principles affirm the primary obligation of States to
implement human rights. Each Principle is accompanied by detailed
recommendations to States. The experts also emphasise, though, that all
actors have responsibilities to promote and protect human rights.
Additional recommendations are addressed to other actors, including the
UN human rights system, national human rights institutions, the media,
non-governmental organisations, and funders.
The
experts agree that the Yogyakarta Principles reflect the existing state
of international human rights law in relation to issues of sexual
orientation and gender identity. They also recognise that States may
incur additional obligations as human rights law continues to evolve.
The
Yogyakarta Principles affirm binding international legal standards with
which all States must comply. They promise a different future where all
people born free and equal in dignity and rights can fulfil that
precious birthright.
Sonia Onufer Corrêa Vitit Muntarbhorn
Co-Chairperson Co-Chairperson
We, the International Panel of Experts in International Human Rights Law and on Sexual Orientation and Gender Identity:
RECALLING
that all human beings are born free and equal in dignity and rights,
and that everyone is entitled to the enjoyment 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;
DISTURBED
that violence, harassment, discrimination, exclusion, stigmatisation
and prejudice are directed against persons in all regions of the world
because of their sexual orientation or gender identity, that these experiences are compounded by discrimination on grounds including gender, race, age, religion, disability, health and economic status, and that such violence,
harassment, discrimination, exclusion, stigmatisation and prejudice
undermine the integrity and dignity of those subjected to these abuses,
may weaken their sense of self-worth and belonging to their community,
and lead many to conceal or suppress their identity and to live lives of
fear and invisibility;
AWARE
that historically people have experienced these human rights violations
because they are or are perceived to be lesbian, gay or bisexual,
because of their consensual sexual conduct with persons of the same
gender or because they are or are perceived to be transsexual,
transgender or intersex or belong to social groups identified in
particular societies by sexual orientation or gender identity;
UNDERSTANDING
‘sexual orientation’ to refer to each person’s capacity for profound
emotional, affectional and sexual attraction to, and intimate and sexual
relations with, individuals of a different gender or the same gender or
more than one gender;
UNDERSTANDING ‘gender identity’ to refer to each person’s deeply felt internal
and individual experience of gender, which may or may not correspond
with the sex assigned at birth, including the personal sense of the body
(which may involve, if freely chosen, modification of bodily appearance
or function by medical, surgical or other means) and other expressions
of gender, including dress, speech and mannerisms;
OBSERVING
that international human rights law affirms that all persons,
regardless of sexual orientation or gender identity, are entitled to the
full enjoyment of all human rights, that the application of existing
human rights entitlements should take account of the specific situations
and experiences of people of diverse sexual orientations and gender
identities, and that in
all actions concerning children the best interests of the child shall
be a primary consideration and a child who is capable of forming
personal views has the right to express those views freely, such views
being given due weight in accordance with the age and maturity of the
child;
NOTING
that international human rights law imposes an absolute prohibition of
discrimination in regard to the full enjoyment of all human rights,
civil, cultural, economic, political and social, that respect
for sexual rights, sexual orientation and gender identity is integral
to the realisation of equality between men and women and that States
must take measures to seek to eliminate prejudices and customs based on
the idea of the inferiority or the superiority of one sex or on
stereotyped roles for men and women, and noting further that the
international community has recognised the right of persons to decide
freely and responsibly on matters related to their sexuality, including
sexual and reproductive health, free from coercion, discrimination, and
violence;
RECOGNISING
that there is significant value in articulating in a systematic manner
international human rights law as applicable to the lives and
experiences of persons of diverse sexual orientations and gender
identities;
ACKNOWLEDGING
that this articulation must rely on the current state of international
human rights law and will require revision on a regular basis in order
to take account of developments in that law and its application to the
particular lives and experiences of persons of diverse sexual
orientations and gender identities over time and in diverse regions and
countries;
FOLLOWING AN EXPERTS’ MEETING HELD IN YOGYAKARTA, INDONESIA, FROM 6 TO 9 NOVEMBER 2006, HEREBY ADOPT THESE PRINCIPLES:
PRINCIPLE 1. The Right to the Universal Enjoyment of Human Rights
All
human beings are born free and equal in dignity and rights. Human
beings of all sexual orientations and gender identities are entitled to
the full enjoyment of all human rights.
States shall:
a) Embody
the principles of the universality, interrelatedness, interdependence
and indivisibility of all human rights in their national constitutions
or other appropriate legislation and ensure the practical realisation of
the universal enjoyment of all human rights;
b) Amend any legislation, including criminal law, to ensure its consistency with the universal enjoyment of all human rights;
c) Undertake
programmes of education and awareness to promote and enhance the full
enjoyment of all human rights by all persons, irrespective of sexual
orientation or gender identity;
d) Integrate
within State policy and decision-making a pluralistic approach that
recognises and affirms the interrelatedness and indivisibility of all
aspects of human identity including sexual orientation and gender
identity.
PRINCIPLE 2. The Rights to Equality and Non-discrimination
Everyone
is entitled to enjoy all human rights without discrimination on the
basis of sexual orientation or gender identity. Everyone is entitled to
equality before the law and the equal protection of the law without any such discrimination whether or not the enjoyment of another human right is also affected.
The law shall prohibit any such discrimination and guarantee to all
persons equal and effective protection against any such discrimination.
Discrimination
on the basis of sexual orientation or gender identity includes any
distinction, exclusion, restriction or preference based on sexual
orientation or gender identity which has the purpose or effect of
nullifying or impairing equality before the law or the equal protection
of the law, or the recognition, enjoyment or exercise, on an equal
basis, of all human rights and fundamental freedoms. Discrimination based on sexual orientation or gender identity may be, and commonly is, compounded by discrimination on other grounds including gender, race, age, religion, disability, health and economic status.
States shall:
a) Embody
the principles of equality and non-discrimination on the basis of
sexual orientation and gender identity in their national constitutions
or other appropriate legislation, if not yet incorporated therein,
including by means of amendment and interpretation, and ensure the
effective realisation of these principles;
b) Repeal
criminal and other legal provisions that prohibit or are, in effect,
employed to prohibit consensual sexual activity among people of the same
sex who are over the age of consent, and ensure that an equal age of consent applies to both same-sex and different-sex sexual activity;
c) Adopt
appropriate legislative and other measures to prohibit and eliminate
discrimination in the public and private spheres on the basis of sexual
orientation and gender identity;
d) Take
appropriate measures to secure adequate advancement of persons of
diverse sexual orientations and gender identities as may be necessary to
ensure such groups or individuals equal enjoyment or exercise of human
rights. Such measures shall not be deemed to be discriminatory;
e) In
all their responses to discrimination on the basis of sexual
orientation or gender identity, take account of the manner in which such
discrimination may intersect with other forms of discrimination;
f) Take
all appropriate action, including programmes of education and training,
with a view to achieving the elimination of prejudicial or
discriminatory attitudes or behaviours which are related to the idea of
the inferiority or the superiority of any sexual orientation or gender
identity or gender expression.
PRINCIPLE 3. The Right to recognition before the law
Everyone
has the right to recognition everywhere as a person before the law.
Persons of diverse sexual orientations and gender identities shall enjoy
legal capacity in all aspects of life. Each person’s self-defined
sexual orientation and gender identity is integral to their personality
and is one of the most basic aspects of self-determination, dignity and
freedom. No one shall be forced to undergo medical procedures, including
sex reassignment surgery, sterilisation or hormonal therapy, as a
requirement for legal recognition of their gender identity. No status,
such as marriage or parenthood, may be invoked as such to prevent the
legal recognition of a person’s gender identity. No one shall be
subjected to pressure to conceal, suppress or deny their sexual
orientation or gender identity.
States shall:
a) Ensure
that all persons are accorded legal capacity in civil matters, without
discrimination on the basis of sexual orientation or gender identity,
and the opportunity to exercise that capacity, including equal rights to
conclude contracts, and to administer, own, acquire (including through
inheritance), manage, enjoy and dispose of property;
b) Take all necessary legislative, administrative and other measures to fully respect and legally recognise each person’s self-defined gender identity;
c) Take all necessary legislative, administrative and other measuresto
ensure that procedures exist whereby all State-issued identity papers
which indicate a person’s gender/sex — including birth certificates,
passports, electoral records and other documents — reflect the person’s
profound self-defined gender identity;
d) Ensure
that such procedures are efficient, fair and non-discriminatory, and
respect the dignity and privacy of the person concerned;
e) Ensure
that changes to identity documents will be recognised in all contexts
where the identification or disaggregation of persons by gender is
required by law or policy;
f) Undertake targeted programmes to provide social support for all persons experiencing gender transitioning or reassignment.
Everyone
has the right to life. No one shall be arbitrarily deprived of life,
including by reference to considerations of sexual orientation or gender
identity. The death penalty shall not be imposed on any person on the
basis of consensual sexual activity among persons who are over the age
of consent or on the basis of sexual orientation or gender identity.
States shall:
a) Repeal
all forms of crime that have the purpose or effect of prohibiting
consensual sexual activity among persons of the same sex who are over
the age of consent and, until such provisions are repealed, never impose
the death penalty on any person convicted under them;
b) Remit
sentences of death and release all those currently awaiting execution
for crimes relating to consensual sexual activity among persons who are
over the age of consent;
c) Cease
any State-sponsored or State-condoned attacks on the lives of persons
based on sexual orientation or gender identity, and ensure that all such
attacks, whether by government officials or by any individual or group,
are vigorously investigated, and that, where appropriate evidence is
found, those responsible are prosecuted, tried and duly punished.
Everyone,
regardless of sexual orientation or gender identity, has the right to
security of the person and to protection by the State against violence
or bodily harm, whether inflicted by government officials or by any
individual or group.
States shall:
a) Take
all necessary policing and other measures to prevent and provide
protection from all forms of violence and harassment related to sexual
orientation and gender identity;
b) Take all necessary legislative measures to impose appropriate criminal penalties for violence,
threats of violence, incitement to violence and related harassment,
based on the sexual orientation or gender identity of any person or
group of persons, in all spheres of life, including the family;
c) Take all necessary legislative, administrative and other measuresto ensure
that the sexual orientation or gender identity of the victim may not be
advanced to justify, excuse or mitigate such violence;
d) Ensure
that perpetration of such violence is vigorously investigated, and
that, where appropriate evidence is found, those responsible are
prosecuted, tried and duly punished, and that victims are provided with
appropriate remedies and redress, including compensation;
e) Undertake
campaigns of awareness-raising, directed to the general public as well
as to actual and potential perpetrators of violence, in order to combat
the prejudices that underlie violence related to sexual orientation and
gender identity.
Everyone,
regardless of sexual orientation or gender identity, is entitled to the
enjoyment of privacy without arbitrary or unlawful interference,
including with regard to their family, home or correspondence as well as
to protection from unlawful attacks on their honour and reputation. The
right to privacy ordinarily includes the choice to disclose or not to
disclose information relating to one’s sexual orientation or gender
identity, as well as decisions and choices regarding both one’s own body
and consensual sexual and other relations with others.
States shall:
a) Take all necessary legislative, administrative and other measures to
ensure the right of each person, regardless of sexual orientation or
gender identity, to enjoy the private sphere, intimate decisions, and
human relations, including consensual sexual activity among persons who
are over the age of consent, without arbitrary interference;
b) Repeal
all laws that criminalise consensual sexual activity among persons of
the same sex who are over the age of consent, and ensure that an equal
age of consent applies to both same-sex and different-sex sexual
activity;
c) Ensure that criminal and other legal provisions of general application are not applied de facto to criminalise consensual sexual activity among persons of the same sex who are over the age of consent;
d) Repeal
any law that prohibits or criminalises the expression of gender
identity, including through dress, speech or mannerisms, or that denies to individuals the opportunity to change their bodies as a means of expressing their gender identity;
e) Release
all those held on remand or on the basis of a criminal conviction, if
their detention is related to consensual sexual activity among persons
who are over the age of consent, or is related to gender identity;
f) Ensure the
right of all persons ordinarily to choose when, to whom and how to
disclose information pertaining to their sexual orientation or gender
identity, and protect all persons from arbitrary or unwanted disclosure,
or threat of disclosure of such information by others.
No
one shall be subjected to arbitrary arrest or detention. Arrest or
detention on the basis of sexual orientation or gender identity, whether
pursuant to a court order or otherwise, is arbitrary. All persons under
arrest, regardless of their sexual orientation or gender identity, are
entitled, on the basis of equality, to be informed of the reasons for
arrest and the nature of any charges against them, to be brought
promptly before a judicial officer and to bring court proceedings to
determine the lawfulness of detention, whether or not charged with any
offence.
States shall:
a) Take all necessary legislative, administrative and other measures to
ensure that sexual orientation or gender identity may under no
circumstances be the basis for arrest or detention, including the
elimination of vaguely worded criminal law provisions that invite
discriminatory application or otherwise provide scope for arrests based
on prejudice;
b) Take all necessary legislative, administrative and other measures to
ensure that all persons under arrest, regardless of their sexual
orientation or gender identity, are entitled, on the basis of equality,
to be informed of the reasons for arrest and the nature of any charges
against them, and whether charged or not, to be brought promptly before a
judicial officer and to bring court proceedings to determine the
lawfulness of detention;
c) Undertake
programmes of training and awareness-raising to educate police and
other law enforcement personnel regarding the arbitrariness of arrest
and detention based on a person's sexual orientation or gender identity;
d) Maintain
accurate and up to date records of all arrests and detentions,
indicating the date, location and reason for detention, and ensure
independent oversight of all places of detention by bodies that are
adequately mandated and equipped to identify arrests and detentions that
may be motivated by the sexual orientation or gender identity of a
person.
Everyone
is entitled to a fair and public hearing by a competent, independent
and impartial tribunal established by law, in the determination of their
rights and obligations in a suit at law and of any criminal charge
against them, without prejudice or discrimination on the basis of sexual
orientation or gender identity.
States shall:
a) Take all necessary legislative, administrative and other measures to
prohibit and eliminate prejudicial treatment on the basis of sexual
orientation or gender identity at every stage of the judicial process,
in civil and criminal proceedings and all other judicial and
administrative proceedings which determine rights and obligations, and
to ensure that no one’s credibility or character as a party, witness,
advocate or decision-maker is impugned by reason of their sexual
orientation or gender identity;
b) Take
all necessary and reasonable steps to protect persons from criminal
prosecutions or civil proceedings that are motivated wholly or in part
by prejudice regarding sexual orientation or gender identity;
c) Undertake
programmes of training and awareness-raising for judges, court
personnel, prosecutors, lawyers and others regarding international human
rights standards and principles of equality and non-discrimination,
including in relation to sexual orientation and gender identity.
Everyone
deprived of liberty shall be treated with humanity and with respect for
the inherent dignity of the human person. Sexual orientation and gender
identity are integral to each person’s dignity.
States shall:
a) Ensure
that placement in detention avoids further marginalising persons on the
basis of sexual orientation or gender identity or subjecting them to
risk of violence, ill-treatment or physical, mental or sexual abuse;
b) Provide
adequate access to medical care and counselling appropriate to the
needs of those in custody, recognising any particular needs of persons
on the basis of their sexual orientation or gender identity, including
with regard to reproductive health, access to HIV/AIDS information and
therapy and access to hormonal or other therapy as well as to
gender-reassignment treatments where desired;
c) Ensure,
to the extent possible, that all prisoners participate in decisions
regarding the place of detention appropriate to their sexual orientation
and gender identity;
d) Put
protective measures in place for all prisoners vulnerable to violence
or abuse on the basis of their sexual orientation, gender identity or
gender expression and ensure, so far as is reasonably practicable, that
such protective measures involve no greater restriction of their rights
than is experienced by the general prison population;
e) Ensure
that conjugal visits, where permitted, are granted on an equal basis to
all prisoners and detainees, regardless of the gender of their partner;
f) Provide
for the independent monitoring of detention facilities by the State as
well as by non-governmental organisations including organisations
working in the spheres of sexual orientation and gender identity;
g) Undertake
programmes of training and awareness-raising for prison personnel and
all other officials in the public and private sector who are engaged in
detention facilities, regarding international human rights standards and
principles of equality and non-discrimination, including in relation to
sexual orientation and gender identity.
Everyone
has the right to be free from torture and from cruel, inhuman or
degrading treatment or punishment, including for reasons relating to
sexual orientation or gender identity.
States shall:
a) Take all necessary legislative, administrative and other measures to prevent and provide protection from torture and cruel, inhuman or degrading treatment or punishment,
perpetrated for reasons relating to the sexual orientation or gender
identity of the victim, as well as the incitement of such acts;
b) Take
all reasonable steps to identify victims of torture and cruel, inhuman
or degrading treatment or punishment, perpetrated for reasons relating
to sexual orientation or gender identity, and offer appropriate remedies
including redress and reparation and, where appropriate, medical and
psychological support;
c) Undertake
programmes of training and awareness-raising for police, prison
personnel and all other officials in the public and private sector who
are in a position to perpetrate or to prevent such acts.
PRINCIPLE 11. The Right to Protection from all forms of exploitation, sale and trafficking of human beings
Everyone
is entitled to protection from trafficking, sale and all forms of
exploitation, including but not limited to sexual exploitation, on the
grounds of actual or perceived sexual orientation or gender identity.
Measures designed to prevent trafficking shall address the factors that
increase vulnerability, including various forms of inequality and
discrimination on the grounds of actual or perceived sexual orientation
or gender identity, or the expression of these or other identities. Such
measures must not be inconsistent with the human rights of persons at
risk of being trafficked.
States shall:
a) Take all necessary legislative, administrative and other measures of a preventive and protective nature regarding the
trafficking, sale and all forms of exploitation of human beings,
including but not limited to sexual exploitation, on the grounds of
actual or perceived sexual orientation or gender identity;
b) Ensure
that any such legislation or measures do not criminalise the behaviour
of, stigmatise, or in any other way, exacerbate the disadvantage of
those vulnerable to such practices;
c) Establish
legal, educational and social measures, services and programmes to
address factors that increase vulnerability to trafficking, sale and all
forms of exploitation, including but not limited to sexual
exploitation, on the grounds of actual or perceived sexual orientation
or gender identity, including such factors as social exclusion,
discrimination, rejection by families or cultural communities, lack of
financial independence, homelessness, discriminatory social attitudes
leading to low self-esteem, and lack of protection from discrimination
in access to housing accommodation, employment and social services.
Everyone
has the right to decent and productive work, to just and favourable
conditions of work and to protection against unemployment, without
discrimination on the basis of sexual orientation or gender identity.
States shall:
a) Take all necessary legislative, administrative and other measures to eliminate and prohibit discrimination on the basis of
sexual orientation and gender identity in public and private
employment, including in relation to vocational training, recruitment,
promotion, dismissal, conditions of employment and remuneration;
b) Eliminate any discrimination on the basis of
sexual orientation or gender identity to ensure equal employment and
advancement opportunities in all areas of public service, including all
levels of government service and employment in public functions,
including serving in the police and military, and provide appropriate
training and awareness-raising programmes to counter discriminatory
attitudes.
Everyone
has the right to social security and other social protection measures,
without discrimination on the basis of sexual orientation or gender
identity.
States shall:
a) Take all necessary legislative, administrative and other measures to ensure equal access, without discrimination on the basis of
sexual orientation or gender identity, to social security and other
social protection measures, including employment benefits, parental
leave, unemployment benefits, health insurance or care or benefits
(including for body modifications related to gender identity), other
social insurance, family benefits, funeral benefits, pensions and
benefits with regard to the loss of support for spouses or partners as
the result of illness or death;
b) Ensure
that children are not subject to any form of discriminatory treatment
within the social security system or in the provision of social or
welfare benefits on the basis of their sexual orientation or gender identity, or that of any member of their family;
c) Take all necessary legislative,
administrative and other measures to ensure access to poverty reduction
strategies and programmes, without discrimination on the basis of sexual orientation or gender identity.
Everyone
has the right to an adequate standard of living, including adequate
food, safe drinking water, adequate sanitation and clothing, and to the
continuous improvement of living conditions, without discrimination on the basis of sexual orientation or gender identity.
States shall:
a) Take all necessary legislative, administrative and other measures to ensure equal access, without discrimination on the basis of sexual orientation or gender identity, to adequate food, safe drinking water, adequate sanitation and clothing.
Everyone has the right to adequate housing, including protection from eviction, without discrimination on the basis of sexual orientation or gender identity.
States shall:
a) Take all necessary legislative, administrative and other measures to
ensure security of tenure and access to affordable, habitable,
accessible, culturally appropriate and safe housing, including shelters
and other emergency accommodation, without discrimination on the basis of sexual orientation, gender identity or marital or family status;
b) Take all necessary legislative, administrative and other measures to prohibit
the execution of evictions that are not in conformity with their
international human rights obligations; and ensure that adequate and
effective legal or other appropriate remedies areavailable to any person claiming that a right to protection against forced evictions has beenviolated or is under threat of violation, including the right to resettlement, which includes theright to alternative land of better or equal quality and to adequate housing, without discrimination on the basis of sexual orientation, gender identity or marital or family status;
c) Ensure equal rights to land and home ownership and inheritance without discrimination on the basis of sexual orientation or gender identity;
d) Establish
social programmes, including support programmes, to address factors
relating to sexual orientation and gender identity that increase
vulnerability to homelessness, especially for children and young people,
including social exclusion, domestic and other forms of violence,
discrimination, lack of financial independence, and rejection by
families or cultural communities, as well as to promote schemes of
neighbourhood support and security;
e) Provide
training and awareness-raising programmes to ensure that all relevant
agencies are aware of and sensitive to the needs of those facing
homelessness or social disadvantage as a result of sexual orientation or
gender identity.
Everyone
has the right to education, without discrimination on the basis of, and
taking into account, their sexual orientation and gender identity.
States shall:
a) Take
all necessary legislative, administrative and other measures to ensure
equal access to education, and equal treatment of students, staff and
teachers within the education system, without discrimination on the basis of sexual orientation or gender identity;
b) Ensure
that education is directed to the development of each student’s
personality, talents, and mental and physical abilities to their fullest
potential, and responds to the needs of students of all sexual
orientations and gender identities;
c) Ensure
that education is directed to the development of respect for human
rights, and of respect for each child’s parents and family members,
cultural identity, language and values, in a spirit of understanding,
peace, tolerance and equality, taking into account and respecting
diverse sexual orientations and gender identities;
d) Ensure that education methods, curricula and resources serve to enhance understanding of and respect for, inter alia,
diverse sexual orientations and gender identities, including the
particular needs of students, their parents and family members related
to these grounds;
e) Ensure
that laws and policies provide adequate protection for students, staff
and teachers of different sexual orientations and gender identities
against all forms of social exclusion and violence within the school
environment, including bullying and harassment;
f) Ensure
that students subjected to such exclusion or violence are not
marginalised or segregated for reasons of protection, and that their
best interests are identified and respected in a participatory manner;
g) Take
all necessary legislative, administrative and other measures to ensure
that discipline in educational institutions is administered in a manner
consistent with human dignity, without discrimination or penalty on the basis of a student’s sexual orientation or gender identity, or the expression thereof;
h) Ensure that everyone has access to opportunities and resources for lifelong learning without discrimination on the basis of
sexual orientation or gender identity, including adults who have
already suffered such forms of discrimination in the educational system.
Everyone has the right to the highest attainable standard of physical and mental health, without
discrimination on the basis of sexual orientation or gender
identity. Sexual and reproductive health is a fundamental aspect of this
right.
States shall:
a) Take all necessary legislative, administrative and other measures to
ensure enjoyment of the right to the highest attainable standard of
health, without discrimination on the basis of sexual orientation or
gender identity;
b) Take all necessary legislative, administrative and other measures to
ensure that all persons have access to healthcare facilities, goods and
services, including in relation to sexual and reproductive health, and
to their own medical records, without discrimination on the basis of
sexual orientation or gender identity;
c) Ensure
that healthcare facilities, goods and services are designed to improve
the health status of, and respond to the needs of, all persons without
discrimination on the basis of, and taking into account, sexual
orientation and gender identity, and that medical records in this
respect are treated with confidentiality;
d) Develop
and implement programmes to address discrimination, prejudice and other
social factors which undermine the health of persons because of their
sexual orientation or gender identity;
e) Ensure
that all persons are informed and empowered to make their own decisions
regarding medical treatment and care, on the basis of genuinely
informed consent, without discrimination on the basis of sexual
orientation or gender identity;
f) Ensure
that all sexual and reproductive health, education, prevention, care
and treatment programmes and services respect the diversity of sexual
orientations and gender identities, and are equally available to all
without discrimination;
g) Facilitate
access by those seeking body modifications related to gender
reassignment to competent, non-discriminatory treatment, care and
support;
h) Ensure
that all health service providers treat clients and their partners
without discrimination on the basis of sexual orientation or gender
identity, including with regard to recognition as next of kin;
i) Adopt
the policies, and programmes of education and training, necessary to
enable persons working in the healthcare sector to deliver the highest
attainable standard of healthcare to all persons, with full respect for
each person's sexual orientation and gender identity.
No
person may be forced to undergo any form of medical or psychological
treatment, procedure, testing, or be confined to a medical facility,
based on sexual orientation or gender identity. Notwithstanding any
classifications to the contrary, a person's sexual orientation and
gender identity are not, in and of themselves, medical conditions and
are not to be treated, cured or suppressed.
States shall:
a) Take all necessary legislative, administrative and other measures to
ensure full protection against harmful medical practices based on
sexual orientation or gender identity, including on the basis of
stereotypes, whether derived from culture or otherwise, regarding
conduct, physical appearance or perceived gender norms;
b) Take all necessary legislative, administrative and other measures to
ensure that no child’s body is irreversibly altered by medical
procedures in an attempt to impose a gender identity without the full,
free and informed consent of the child in accordance with
the age and maturity of the child and guided by the principle that in
all actions concerning children, the best interests of the child shall
be a primary consideration;
c) Establish child protection mechanisms whereby no child is at risk of, or subjected to, medical abuse;
d) Ensure
protection of persons of diverse sexual orientations and gender
identities against unethical or involuntary medical procedures or
research, including in relation to vaccines, treatments or microbicides
for HIV/AIDS or other diseases;
e) Review
and amend any health funding provisions or programmes, including those
of a development-assistance nature, which may promote, facilitate or in
any other way render possible such abuses;
f) Ensure
that any medical or psychological treatment or counselling does not,
explicitly or implicitly, treat sexual orientation and gender identity
as medical conditions to be treated, cured or suppressed.
Everyone
has the right to freedom of opinion and expression, regardless of
sexual orientation or gender identity. This includes the expression of
identity or personhood through speech, deportment, dress, bodily
characteristics, choice of name, or any other means, as well as the
freedom to seek, receive and impart information and ideas of all kinds,
including with regard to human rights, sexual orientation and gender
identity, through any medium and regardless of frontiers.
States shall:
a) Take all necessary legislative, administrative and other measures to
ensure full enjoyment of freedom of opinion and expression, while
respecting the rights and freedoms of others, without discrimination on
the basis of sexual orientation or gender identity, including the
receipt and imparting of information and ideas concerning sexual
orientation and gender identity, as well as related advocacy for legal
rights, publication of materials, broadcasting, organisation of or
participation in conferences, and dissemination of and access to
safer-sex information;
b) Ensure
that the outputs and the organisation of media that is State-regulated
is pluralistic and non-discriminatory in respect of issues of sexual
orientation and gender identity and
that the personnel recruitment and promotion policies of such
organisations are non-discriminatory on the basis of sexual orientation
or gender identity;
c) Take all necessary legislative, administrative and other measures to
ensure the full enjoyment of the right to express identity or
personhood, including through speech, deportment, dress, bodily
characteristics, choice of name or any other means;
d) Ensure
that notions of public order, public morality, public health and public
security are not employed to restrict, in a discriminatory manner, any
exercise of freedom of opinion and expression that affirms diverse
sexual orientations or gender identities;
e) Ensure
that the exercise of freedom of opinion and expression does not violate
the rights and freedoms of persons of diverse sexual orientations and
gender identities;
f) Ensure
that all persons, regardless of sexual orientation or gender identity,
enjoy equal access to information and ideas, as well as to participation
in public debate.
Everyone
has the right to freedom of peaceful assembly and association,
including for the purposes of peaceful demonstrations, regardless of
sexual orientation or gender identity. Persons may form and have
recognised, without discrimination, associations based on sexual
orientation or gender identity, and associations that distribute
information to or about, facilitate communication among, or advocate for
the rights of, persons of diverse sexual orientations and gender
identities.
States shall:
a) Take all necessary legislative, administrative and other measures to
ensure the rights to peacefully organise, associate, assemble and
advocate around issues of sexual orientation and gender identity, and to
obtain legal recognition for such associations and groups, without
discrimination on the basis of sexual orientation or gender identity;
b) Ensure
in particular that notions of public order, public morality, public
health and public security are not employed to restrict any exercise of
the rights to peaceful assembly and association solely on the basis that
it affirms diverse sexual orientations or gender identities;
c) Under
no circumstances impede the exercise of the rights to peaceful assembly
and association on grounds relating to sexual orientation or gender
identity, and ensure that adequate police and other physical protection
against violence or harassment is afforded to persons exercising these
rights;
d) Provide
training and awareness-raising programmes to law enforcement
authorities and other relevant officials to enable them to provide such
protection;
e) Ensure
that information disclosure rules for voluntary associations and groups
do not, in practice, have discriminatory effects for such associations
and groups addressing issues of sexual orientation or gender identity,
or for their members.
Everyone
has the right to freedom of thought, conscience and religion,
regardless of sexual orientation or gender identity. These rights may
not be invoked by the State to justify laws, policies or practices which
deny equal protection of the law, or discriminate, on the basis of
sexual orientation or gender identity.
States shall:
a) Take all necessary legislative, administrative and other measures to
ensure the right of persons, regardless of sexual orientation or gender
identity, to hold and practise religious and non-religious beliefs,
alone or in association with others, to be free from interference with
their beliefs and to be free from coercion or the imposition of beliefs;
b) Ensure
that the expression, practice and promotion of different opinions,
convictions and beliefs with regard to issues of sexual orientation or
gender identity is not undertaken in a manner incompatible with human
rights.
Everyone
lawfully within a State has the right to freedom of movement and
residence within the borders of the State, regardless of sexual
orientation or gender identity. Sexual
orientation and gender identity may never be invoked to limit or impede
a person’s entry, egress or return to or from any State, including that
person’s own State.
States shall:
a) Take all necessary legislative, administrative and other measures to ensure that the right to freedom of movement and residence is guaranteed regardless of sexual orientation or gender identity.
Everyone
has the right to seek and enjoy in other countries asylum from
persecution, including persecution related to sexual orientation or
gender identity. A State may not remove, expel or extradite a person to
any State where that person may face a well-founded fear of torture,
persecution, or any other form of cruel, inhuman or degrading treatment
or punishment, on the basis of sexual orientation or gender identity.
States shall:
a) Review,
amend and enact legislation to ensure that a well-founded fear of
persecution on the basis of sexual orientation or gender identity is
accepted as a ground for the recognition of refugee status and asylum;
b) Ensure that no policy or practice discriminates against asylum seekers on the basis of sexual orientation or gender identity;
c) Ensure
that no person is removed, expelled or extradited to any State where
that person may face a well-founded fear of torture, persecution, or any
other form of cruel, inhuman or degrading treatment or punishment, on
the basis of that person’s sexual orientation or gender identity.
Everyone
has the right to found a family, regardless of sexual orientation or
gender identity. Families exist in diverse forms. No family may be
subjected to discrimination on the basis of the sexual orientation or
gender identity of any of its members.
States shall:
a) Take all necessary legislative, administrative and other measures to
ensure the right to found a family, including through access to
adoption or assisted procreation (including donor insemination), without
discrimination on the basis of sexual orientation or gender identity;
b) Ensure that laws and policies recognise the diversity of family forms, including those not defined by descent or marriage, and take all necessary legislative, administrative and other measures to
ensure that no family may be subjected to discrimination on the basis
of the sexual orientation or gender identity of any of its members,
including with regard to family-related social welfare and other public
benefits, employment, and immigration;
c) Take all necessary legislative, administrative and other measures to
ensure that in all actions or decisions concerning children, whether
undertaken by public or private social welfare institutions, courts of
law, administrative authorities or legislative bodies, the best
interests of the child shall be a primary consideration, and that the
sexual orientation or gender identity of the child or of any family
member or other person may not be considered incompatible with such best
interests;
d) In
all actions or decisions concerning children, ensure that a child who
is capable of forming personal views can exercise the right to express
those views freely, and that such views are given due weight in
accordance with the age and maturity of the child;
e) Take
all necessary legislative, administrative and other measures to ensure
that in States that recognise same-sex marriages or registered
partnerships, any entitlement, privilege, obligation or benefit
available to different-sex married or registered partners is equally
available to same-sex married or registered partners;
f) Take all necessary legislative, administrative and other measures to
ensure that any obligation, entitlement, privilege or benefit available
to different-sex unmarried partners is equally available to same-sex
unmarried partners;
g) Ensure
that marriages and other legally-recognised partnerships may be entered
into only with the free and full consent of the intending spouses or
partners.
Every
citizen has the right to take part in the conduct of public affairs,
including the right to stand for elected office, to participate in the
formulation of policies affecting their welfare, and to have equal
access to all levels of public service and employment in public
functions, including serving in the police and military, without
discrimination on the basis of sexual orientation or gender identity.
States should:
a) Review,
amend and enact legislation to ensure the full enjoyment of the right
to participate in public and political life and affairs, embracing all
levels of government service and employment in public functions,
including serving in the police and military, without discrimination on
the basis of, and with full respect for, each person’s sexual
orientation and gender identity;
b) Take
all appropriate measures to eliminate stereotypes and prejudices
regarding sexual orientation and gender identity that prevent or
restrict participation in public life;
c) Ensure
the right of each person to participate in the formulation of policies
affecting their welfare, without discrimination on the basis of, and
with full respect for, their sexual orientation and gender identity.
Everyone
has the right to participate freely in cultural life, regardless of
sexual orientation or gender identity, and to express, through cultural
participation, the diversity of sexual orientation and gender identity.
States shall:
a) Take all necessary legislative, administrative and other measures to
ensure opportunities for the participation in cultural life of all
persons, regardless of, and with full respect for, their sexual
orientations and gender identities;
b) Foster
dialogue between, and mutual respect among, proponents of the various
cultural groups present within the State, including among groups that
hold different views on matters of sexual orientation and gender
identity, consistently with respect for the human rights referred to in
these Principles.
Everyone
has the right, individually and in association with others, to promote
the protection and realisation of human rights at the national and
international levels, without discrimination on the basis of sexual
orientation or gender identity. This includes activities directed
towards the promotion and protection of the rights of persons of diverse
sexual orientations and gender identities, as well as the right to
develop and discuss new human rights norms and to advocate their
acceptance.
States shall:
a) Take
all necessary legislative, administrative and other measures to ensure a
favourable environment for activities directed towards the promotion,
protection and realisation of human rights, including rights relevant to
sexual orientation and gender identity;
b) Take
all appropriate measures to combat actions or campaigns targeting human
rights defenders working on issues of sexual orientation and gender
identity, as well as those targeting human rights defenders of diverse
sexual orientations and gender identities;
c) Ensure
that human rights defenders, regardless of their sexual orientation or
gender identity, and regardless of the human rights issues they
advocate, enjoy non-discriminatory access to, participation in, and
communication with, national and international human rights
organisations and bodies;
d) Ensure
the protection of human rights defenders, working on issues of sexual
orientation and gender identity, against any violence, threat,
retaliation, de facto or de jure discrimination,
pressure, or any other arbitrary action perpetrated by the State, or by
non-State actors, in response to their human rights activities. The same
protection should be ensured, to human rights defenders working on any
issue, against any such treatment based on their sexual orientation or
gender identity;
e) Support
the recognition and accreditation of organisations that promote and
protect the human rights of persons of diverse sexual orientations and
gender identities at the national and international levels.
Every
victim of a human rights violation, including of a violation based on
sexual orientation or gender identity, has the right to effective,
adequate and appropriate remedies. Measures
taken for the purpose of providing reparation to, or securing adequate
advancement of, persons of diverse sexual orientations and gender
identities are integral to the right to effective remedies and redress.
States shall:
a) Establish
the necessary legal procedures, including through the revision of
legislation and policies, to ensure that victims of human rights
violations on the basis of sexual orientation or gender identity have
access to full redress through restitution, compensation,
rehabilitation, satisfaction, guarantee of non-repetition, and/or any
other means as appropriate;
b) Ensure that remedies are enforced and implemented in a timely manner;
c) Ensure
that effective institutions and standards for the provision of remedies
and redress are established, and that all personnel are trained in
issues of human rights violations based on sexual orientation and gender
identity;
d) Ensure that all persons have access to all necessary information about the processes for seeking remedies and redress;
e) Ensure
that financial aid is provided to those who are unable to afford the
cost of securing redress, and that any other obstacles to securing such
redress, financial or otherwise, are removed;
f) Ensure
training and awareness-raising programmes, including measures aimed at
teachers and students at all levels of public education, at professional
bodies, and at potential violators of human rights, to promote respect
for and adherence to international human rights standards in accordance
with these Principles, as well as to counter discriminatory attitudes
based on sexual orientation or gender identity.
Everyone
whose human rights, including rights addressed in these Principles, are
violated is entitled to have those directly or indirectly responsible
for the violation, whether they are government officials or not, held
accountable for their actions in a manner that is proportionate to the
seriousness of the violation. There should be no impunity for
perpetrators of human rights violations related to sexual orientation or
gender identity.
States shall:
a) Establish
appropriate, accessible and effective criminal, civil, administrative
and other procedures, as well as monitoring mechanisms, to ensure the
accountability of perpetrators for human rights violations related to
sexual orientation or gender identity;
b) Ensure
that all allegations of crimes perpetrated on the basis of the actual
or perceived sexual orientation or gender identity of the victim,
including such crimes described in these Principles, are investigated
promptly and thoroughly, and that, where appropriate evidence is found,
those responsible are prosecuted, tried and duly punished;
c) Establish
independent and effective institutions and procedures to monitor the
formulation and enforcement of laws and policies to ensure the
elimination of discrimination on the basis of sexual orientation or
gender identity;
d) Remove
any obstacles preventing persons responsible for human rights
violations based on sexual orientation or gender identity from being
held accountable.
Additional Recommendations
All
members of society and of the international community have
responsibilities regarding the realisation of human rights. We therefore
recommend that:
a) The
United Nations High Commissioner for Human Rights endorse these
Principles, promote their implementation worldwide, and integrate them
into the work of the Office of the High Commissioner for Human Rights,
including at the field-level;
b) The
United Nations Human Rights Council endorse these Principles and give
substantive consideration to human rights violations based on sexual
orientation or gender identity, with a view to promoting State
compliance with these Principles;
c) The
United Nations Human Rights Special Procedures pay due attention to
human rights violations based on sexual orientation or gender identity,
and integrate these Principles into the implementation of their
respective mandates;
d) The
United Nations Economic and Social Council recognise and accredit
non-governmental organisations whose aim is to promote and protect the
human rights of persons of diverse sexual orientations and gender
identities, in accordance with its Resolution 1996/31;
e) The
United Nations Human Rights Treaty Bodies vigorously integrate these
Principles into the implementation of their respective mandates,
including their case law and the examination of State reports, and,
where appropriate, adopt General Comments or other interpretive texts on
the application of human rights law to persons of diverse sexual
orientations and gender identities;
f) The
World Health Organization and UNAIDS develop guidelines on the
provision of appropriate health services and care, responding to the
health needs of persons related to their sexual orientation or gender
identity, with full respect for their human rights and dignity;
g) The
UN High Commissioner for Refugees integrate these Principles in efforts
to protect persons who experience, or have a well-founded fear of,
persecution on the basis of sexual orientation or gender identity, and
ensure that no person is discriminated against on the basis of sexual
orientation or gender identity in relation to the receipt of
humanitarian assistance or other services, or the determination of
refugee status;
h) Regional
and sub-regional inter-governmental organisations with a commitment to
human rights, as well as regional human rights treaty bodies, ensure
that the promotion of these Principles is integral to the implementation
of the mandates of their various human rights mechanisms, procedures
and other arrangements and initiatives;
i) Regional
human rights courts vigorously integrate those Principles that are
relevant to the human rights treaties they interpret into their
developing case law on sexual orientation and gender identity;
j) Non-governmental
organisations working on human rights at the national, regional and
international levels promote respect for these Principles within the
framework of their specific mandates;
k) Humanitarian
organisations incorporate these Principles into any humanitarian or
relief operations, and refrain from discriminating against persons on
the basis of sexual orientation or gender identity in the provision of
aid and other services;
l) National
human rights institutions promote respect for these Principles by State
and non-State actors, and integrate into their work the promotion and
protection of the human rights of persons of diverse sexual orientations
or gender identities;
m) Professional
organisations, including those in the medical, criminal or civil
justice, and educational sectors, review their practices and guidelines
to ensure that they vigorously promote the implementation of these
Principles;
n) Commercial
organisations acknowledge and act upon the important role they have in
both ensuring respect for these Principles with regard to their own
workforces and in promoting these Principles nationally and
internationally;
o) The
mass media avoid the use of stereotypes in relation to sexual
orientation and gender identity, and promote tolerance and the
acceptance of diversity of human sexual orientation and gender identity,
and raise awareness around these issues;
p) Governmental
and private funders provide financial assistance, to non-governmental
and other organisations, for the promotion and protection of the human
rights of persons of diverse sexual orientations and gender identities.
These Principles and Recommendationsreflect
the application of international human rights law to the lives and
experiences of persons of diverse sexual orientations and gender
identities, and nothing herein should be interpreted as restricting or
in any way limiting the rights and freedoms of such persons as
recognised in international, regional or national law or standards.
ANNEX
Signatories to the Yogyakarta Principles
Philip Alston (Australia),
UN Special Rapporteur on extrajudicial, summary and arbitrary
executions and Professor of Law, New York University School of Law, USA
Maxim Anmeghichean (Moldova), European Region of the International Lesbian and Gay Association
Mauro Cabral (Argentina), Researcher Universidad Nacional de Córdoba, Argentina, International Gay and Lesbian Human Rights Commission
Edwin Cameron (South Africa), Justice, Supreme Court of Appeal, Bloemfontein, South Africa
Sonia Onufer Corrêa (Brazil), Research
Associate at the Brazilian Interdisciplinary AIDS Association (ABIA)
and co-chair of Sexuality Policy Watch (Co-Chair of the experts’
meeting)
Yakin Ertürk (Turkey), UN Special Rapporteur on Violence against Women, Professor, Department of Sociology, Middle East Technical University, Ankara, Turkey
Elizabeth Evatt (Australia), Former
member and chair of the UN Committee on the Elimination of
Discrimination Against Women, former member of the UN Human Rights
Committee and Commissioner of the International Commission of Jurists
Paul Hunt
(New Zealand), UN Special Rapporteur on the right to the highest
attainable standard of health and Professor, Department of Law,
University of Essex, United Kingdom
Asma Jahangir (Pakistan), Chairperson, Human Rights Commission of Pakistan
Maina Kiai (Kenya), Chairperson, Kenya National Commission on Human Rights
Miloon Kothari (India), UN Special Rapporteur on the right to adequate housing
Judith Mesquita (United Kingdom), Senior Research Officer, Human Rights Centre, University of Essex, United Kingdom
Alice M. Miller
(United States of America), Assistant Professor, School of Public
Health, Co-Director, Human Rights Program, Columbia University, USA
Sanji Mmasenono Monageng
(Botswana), Judge of the High Court (The Republic of the Gambia),
Commissioner of the African Commission on Human and Peoples' Rights,
Chairperson of the Follow Up Committee on the implementation of the
Robben Island Guidelines on prohibition and prevention of Torture and
other Cruel, Inhuman or Degrading Treatment (African Commission on Human
and Peoples' Rights)
Vitit Muntarbhorn (Thailand), UN Special Rapporteur on the human rights situation in the Democratic People’s Republic of Korea and Professor of Law at Chulalongkorn University, Thailand (Co-Chair of the experts’ meeting)
Lawrence Mute (Kenya), Commissioner with the Kenya National Commission on Human Rights
Manfred Nowak (Austria), UN
Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment; member of the International Commission of
Jurists, Professor of Human Rights at Vienna University, Austria and
Director of the Ludwig Boltzmann Institute of Human Rights
Ana Elena Obando Mendoza (Costa Rica), feminist attorney, women’s human rights activist, and international consultant
Michael O'Flaherty (Ireland), Member
of the UN Human Rights Committee and Professor of Applied Human Rights
and Co-Director of the Human Rights Law Centre at the University of
Nottingham, United Kingdom (Rapporteur for development of the Yogyakarta
Principles)
Sunil Pant (Nepal), President of the Blue Diamond Society, Nepal
Dimitrina Petrova (Bulgaria), Executive Director, The Equal Rights Trust
Rudi Mohammed Rizki (Indonesia), UN Special Rapporteur on international solidarity and senior Lecturer and Vice Dean for Academic Affairs of the Faculty of Law at the University of Padjadjaran, Indonesia
Mary Robinson (Ireland), Founder of Realizing Rights: The Ethical Globalization Initiative and former President of Ireland and former United Nations High Commissioner for Human Rights
Nevena Vuckovic Sahovic (Serbia), Member of the UN Committee on the Rights of the Child and President of the Child Rights Centre, Belgrade, Serbia
Martin Scheinin
(Finland), UN Special Rapporteur on human rights and counter-terrorism,
Professor of Constitutional and International Law and Director of the
Institute for Human Rights, Åbo Akademi University, Finland
Wan Yanhai (China), Founder of the AIZHI Action Project and director of Beijing AIZHIXING Institute of Health Education
Stephen Whittle (United Kingdom), Professor in Equalities Law at Manchester Metropolitan University, United Kingdom
Roman Wieruszewski (Poland), Member of the UN Human Rights Committee and head of Poznan Centre for Human Rights, Poland
Robert Wintemute (Canada and United Kingdom), Professor of Human Rights Law, School of Law, King's College London, United Kingdom.
[1] Sexual
orientation is understood to refer to each person’s capacity for
profound emotional, affectional and sexual attraction to, and intimate
and sexual relations with, individuals of a different gender or the same
gender or more than one gender
[2]Gender
identity is understood to refer to each person’s deeply felt internal
and individual experience of gender, which may or may not correspond
with the sex assigned at birth, including the personal sense of the body
(which may involve, if freely chosen, modification of bodily appearance
or function by medical, surgical or other means) and other expressions
of gender, including dress, speech and mannerisms
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