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This is how we won a historic victory for women's and LGBTIQ rights in international la... - 0 views

www.opendemocracy.net/...iq-rights-in-international-law

law international UN rights gender civil_society LGBT LGBTQ

shared by Ed Webb on 27 Jun 19 -

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after a worldwide campaign, and many long meetings and legal arguments, the new draft of the international crimes against humanity treaty has lost an outdated definition of gender that could be used to limit protections for women and LGBTIQ people in war.
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Previous drafts of this treaty included a definition of gender borrowed from the Rome Statute (which governs the International Criminal Court (ICC)) that isn’t clear on who is protected. It says: “the term ‘gender’ refers to the two sexes, male and female, within the context of society” – overlooking trans and gender non-conforming identities and leaving it open to dangerous interpretation
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Can human rights advocates working together make a difference? Just ask Ray Acheson, who led a civil society advocacy coalition that secured a legally-binding provision on gender-based violence in the Arms Trade Treaty. Ray recalls: “At the beginning, we were getting questions [from governments] like, ‘What does gender-based violence have to do with the arms trade? I don’t get the connection.’ By the end, we had a hundred states saying that it had to be in the treaty and it had to be legally binding”.
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Under international criminal law, you can’t persecute people based on sexual orientation, gender identity or sex characteristics. But fundamentalists around the world are promulgating fear and justifying discrimination with claims that women and LGBTIQ rights advocates want to impose what they call “gender ideology” – a supposed attack on “natural families”, “feminine values” and the male-or-female binary as the will of God.
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We spent the first six months organising meetings with experts to work out our legal arguments and reasoning. We held seven briefings to receive feedback from representatives of the International Law Commission, governments, and civil society from around the world. We also distributed a toolkit in four languages to support broad civil society input on the treaty’s gender language and other key provisions.
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nearly 600 organisations and academics from more than 100 countries signed our open letter. At least nine other civil society submissions echoed our demands, including from 60 African human rights groups, led by the Southern Africa Litigation Center; 12 transgender rights groups; two intersex rights groups; and Human Rights Watch.
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19 governments affirmed that the rights of women and LGBTIQ people are protected under international criminal law and said this treaty must reflect that. No state spoke against gender rights in the treaty process. An astounding 24 UN special rapporteurs and other experts signed another submission echoing our legal reasoning.
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the treaty goes to the UN General Assembly this autumn, where states will again debate its language and decide its fate
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