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The human rights of lesbian, gay, bisexual, transgender, queer, 2-spirit and intersex persons

Canada stands up for the protection and promotion of the human rights of lesbian, gay, bisexual, transgender, queer, 2-spirit and intersex (LGBTQ2I) people globally.

The human rights of all persons are universal and indivisible. Everyone should enjoy the same fundamental human rights, regardless of their sexual orientation and their gender identity and expression.

Article 1 of the declares that “all human beings are born free and equal in dignity and rights.” Article 2 declares, “Everyone is entitled to all the rights and freedoms set forth in this Declaration.” All people, including LGBTQ2I individuals, are entitled to enjoy the protection provided by international human rights law, which is based on equality and non-discrimination.

Nearly 30 countries, including Canada, recognize same-sex marriage. By contrast, more than . This includes 6 countries that effectively impose the death penalty on consensual same-sex sexual acts. In 6 other countries, the death penalty is a possible punishment.

Around the globe, people experience violence and discrimination because of their sexual orientation or gender identity or expression. LGBTQ2I people experience discrimination and harassment in housing, the workplace and the classroom. LGBTQ2I people are also often victims of hate-motivated violence, including:

• physical attacks
• arbitrary arrest
• torture
• sexual assault
• murder

What Canada is doing to protect LGBTQ2I persons internationally

In order to promote and protect the human rights of LGBTQ2I persons, we:

• engage constructively at both bilateral and multilateral levels to promote and protect the human rights of LGBTQ2I people
• consult and work closely with civil society organizations in Canada and abroad to advance the human rights of LGBTQ2I people
• support international assistance programming that seeks to advance human rights and improve socio-economic outcomes for LGBTQ2I people

We use bilateral and multilateral channels to:

• call on states to decriminalize same-sex conduct
• support the work of grassroots LGBTQ2I organizations abroad
• condemn violence and discrimination that target individuals based on their sexual orientation and gender identity

International advocacy

International organizations

Canada actively promotes LGBTQ2I human rights in a number of multilateral forums:

• the United Nations
• the Organization of American States
• the Organization for Security and Co-operation in Europe
• the Equal Rights Coalition

At the forefront is the UN Office of the High Commissioner for Human Rights (OHCHR).  (SOGI) has links to resources including , and .

In 2011, the UN Human Rights Council passed its first resolution recognizing LGBT rights, following which the OHCHR issued a report documenting violations of the rights of LGBT people, including hate crimes, criminalization of homosexual activity and discrimination.

Since 2016, an has also been mandated by the council to:

• assess the implementation of existing international human rights instruments aimed at overcoming violence and discrimination against persons on the basis of their SOGI
• identify and address the root causes of SOGI-based violence and discrimination

Canada is also member of the , an informal, cross-regional group of UN member states established in 2008. Its main goal is to work within the UN framework to ensure universal respect for the human rights and fundamental freedoms of LGBTI people.

UNAIDS examines .

UNESCO advocates for increased awareness on .

The World Health Organization draws links between .

In 2016, the World Bank appointed its first .

Some international organizations also support programming in the area of LGBTQ2I rights, including the:

Regional organizations

Canada is a founding and active member of the Organization of the American States (OAS) . This is an informal policy-coordination group of like-minded OAS member states that seek to advance the LGBTI human rights agenda in the OAS.

The Inter-American Commission on Human Rights has appointed a .

The and publishes the biennial OECD overview of social indicators. The 2019 report features a . The OECD also published the report “” in June 2020.

The Organization for Security and Co-operation in Europe has studied the impacts of .

In 2013, the Council of the European Union published .

In 2015, the European Commission presented the .

In 2014, the .

Equal Rights Coalition

The intergovernmental Equal Rights Coalition (ERC) is dedicated to the protection of the human rights of LGBTI persons. The ERC advances the human rights of LGBTI persons and promotes inclusive development in both ERC member and non-member countries.

In July 2016, the ERC was launched under the leadership of Uruguay and the Netherlands at the Global LGBTI Human Rights Conference in Montevideo, Uruguay. Canada served as co-chair, with Chile, of the ERC from 2017 to 2019. In August 2018, Canada hosted the inaugural ERC Global Conference on LGBTI Human Rights and Inclusive Development in Vancouver, British Columbia.

Canada’s approach to LGBTQ2I-inclusive international assistance

In February 2019, . This program helps the country achieve the aims of its Feminist International Assistance Policy. The program consists of $30 million in dedicated funding over 5 years and $10 million every year after. These funds promote human rights and improve socio-economic outcomes for LGBTQ2I people in developing countries.

This funding complements and supports the efforts of partners and movements working with LGBTQ2I communities in developing countries. These new initiatives rely on consulting our partners and on their participation. This program responds to the needs, realities and priorities of LGBTQ2I persons and their representative organizations.

The human rights-based approach and recommendations of experts, partners and stakeholders provide direction to our delivery of LGBTQ2I-inclusive international assistance. We are:

• seeking to partner with LGBTQ2I-led organizations
• pursuing participative and inclusive processes
• paying particular attention to groups that are especially marginalized
• cultivating institutional experience, knowledge and expertise

Canada is also committed to following the to ensure the privacy and confidentiality of all partners.

Providing refugee protection

Canada continues to encourage the sponsorship of refugees who face violence and persecution. We have been resettling vulnerable individuals, including those who are part of the LGBTQ2I community, for years.

We rely on the United Nations Refugee Agency, other referral organizations and private sponsors to identify individuals who are persecuted based on their SOGI or HIV status.

The Immigration and Refugee Board of Canada’s (IRB’s) help provide a better understanding of the challenges people with diverse SOGI may face in presenting their asylum cases.

Non-governmental organizations

More and more Canadian NGOs are working to raise awareness and improve the lives of LGBTQ2I persons internationally. The , a network of Canadian organizations, is a key interlocutor in consultations between the department and Canadian CSOs to identify how Canada can further advance LGBTQ2I human rights and inclusive development. The following organizations also work on LGBTQ2I human rights issues:

News

• 2023-05-30 -
• 2023-05-29 -
• 2022-11-24 - Statement by the Equal Rights Coalition on the ban on the discussion and sharing of information about LGBTIQ+ people and their human rights in the Russian Federation
• 2022-09-08 - Equal Rights Coalition – Global LGBTI Conference Declaration
• 2022-08-28 - Diplomats for Equality Joint Statement – 2022 Capital Pride Festival