Sexual Rights at HRC 42
The 42nd session of the UN Human Rights Council took place from September 9 to September 27, 2019.
Below you'll find information on some of the key sexual rights related:
All of which the Sexual Rights Initiative (SRI) was engaged with during the session.
Featured News
Along with over 300 civil society organizations, the SRI presented a joint statement on reproductive justice and abortion to mark International Safe Abortion Day. Click here to watch the video and read the statement.
In collaboration with partners, SRI organized a side event to build on the conversation on intersectionality as politics and practice held in June 2019. By engaging with the framework of reproductive justice, we continue to delve into intersectionality to show how it shapes our work in the context of International Safe Abortion Day. Click here to watch the event.
Sexual Rights-related Resolutions
The right to social security - A/HRC/42/L.14
Led by Finland, Iceland, Namibia and South Africa, and co-sponsored by 30 States as of 26 September 2019, this was the first resolution at the Human Rights Council to focus on the right to social security. The resolution locates the right to social security within an analysis of structural inequality that disproportionately affects women, persons with disabilities and other persons facing multiple and intersecting forms of discrimination. The resolution also makes reference to unpaid care and domestic work as forms of gender discrimination that must be addressed. Social security is recognised as contributing to the fulfilment of all human rights and fundamental freedoms. The resolution calls for a rights based approach to social security and requests OHCHR to hold an intersessional full-day panel discussion on the right to social security in the changing world of work in 2020.
The resolution did not address the role of global and regional financial institutions through policies and practices such as structural adjustment programs, austerity measures and other aid conditionalities that force cuts in social expenditure. Financial institutions are however listed as one of the stakeholders that will be consulted and will participate in the panel discussion. The resolution also did not address the impact of privatisation, outsourcing and corruption within the delivery of social security.
The resolution was adopted by consensus. You can watch the discussion and adoption here.
Click here to read the resolution
Cooperation with the United Nations, its representatives and mechanisms in the field of human rights - A/HRC/42/L.33/Rev.1
Led by Fiji, Ghana, Hungary, Ireland and Uruguay, and co-sponsored by another 49 States as of 24 September, the resolution focuses on preventing intimidation and reprisals against persons who cooperate, seek to cooperate or have cooperated with the UN, its representatives or any of its mechanisms. Cooperation includes providing testimonies or providing or accessing other forms of information such as lodging complaints or communications with UN special procedures, treaty bodies, the Universal Periodic Review, among others. The resolution recognises the growing trend of self-censorship of victims and civil society actors who decide not to engage with the United Nations, both in the field and at Headquarters, out of fear for their safety or in contexts where human rights work is criminalized or publicly vilified; the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the United Nations; and that individuals in vulnerable situations or belonging to marginalized groups continue to be exposed to specific barriers, threats and violence in their engagement with the United Nations. Crucially, the resolution asks the Secretary General to provide OHCHR with adequate resources to prevent and address allegations of acts of intimidation or reprisal in the most effective and gender-responsive manner, including by ensuring a safe and enabling environment for all those who seek to cooperate with the United Nations.
Three amendments to the text were put forward by the Russian Federation during adoption and all were defeated
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Deleting references to the Assistant Secretary-General for Human Rights and the President of the Human Rights Council while discussing their role in supporting cooperation with the UN. The amendment was rejected by 26 to 9 votes, with 12 abstentions. Click here to see the voting chart.
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Replacing “the reaffirmation of the right of everyone, individually and in association with others”, to “unhindered access to and communication with the UN with encouraging the unhindered access”. The amendment was rejected by 25 to 11 votes, with 11 abstentions. Click here to see the voting chart.
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Minimise the role of the President of the Human Rights Council, rejected by 26 to 9 votes, with 12 abstentions. Click here to see the voting chart.
The resolution was adopted by 36 votes in favour, 0 votes against and 11 abstensions. Click here to see the voting chart. You can watch the discussion and adoption here.
Click here to read the resolution
Right to development - A/HRC/42/L.36
Led by Venezuela on behalf of the Non-Aligned Movement, except Chile, Colombia, Ecuador, Honduras, Peru, the resolution extends the mandate of the Special Rapporteur on the right to development for another 3 years. The resolution further mandates the organisation of a biennial panel discussion discussion on the right to development at the 45th session. The resolution also establishes a subsidiary expert mechanism to provide the Human Rights Council with thematic expertise in identifying and sharing best practices on the implementation of the right to development.
This resolution discusses and mandated the intergovernmental working group on the right to development to continue with their work on elaborating a binding treaty on the right to development. The Chairperson-Rapporteur has been asked to present the draft of the legally binding instrument at the 21st session of the working group. The European Union reiterated its position of not being in favour of elaborating an international legal standard of a binding nature.
The resolution was adopted by 27 votes in favor, 13 votes against and 7 abstentions. Click here to see the voting chart. You can watch the discussion and adoption here.
Click here to read the resolution
The right to privacy in the digital age - A/HRC/42/L.18
Led by Austria, Brazil, Germany, Liechtenstein and Mexico, and co-sponsored by 55 States as of 26 September 2019, the resolution mandates the United Nations High Commissioner for Human Rights to organize a one-day expert seminar to discuss how artificial intelligence, including profiling, automated decision-making and machine-learning technologies, without proper safeguards, may impact the enjoyment of the right to privacy before the 45th session and to submit a thematic report on the same to the Council at its 45th session.
The resolution was adopted by consensus. You can watch the discussion and adoption here.
Click here to read the resolution
Marking the twenty-fifth anniversary of the Beijing Declaration and Platform for Action - A/HRC/42/L.17
Led by China, Denmark, France, Kenya and Mexico, and co-sponsored by 74 States as of 26 September 2019, the resolution convenes a high level panel at the 43rd session of the UN Human Rights Council to commemorate the 25th anniversary of the Fourth World Conference on Women, particularly focusing on the implementation of the Beijing Declaration and Platform for Action.
The resolution was adopted by consensus. You can watch the discussion and adoption here.
Click here to read the resolution
From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance - A/HRC/42/L.28/Rev.1
Led by Angola on behalf of the Group of African States, and co-sponsored by six States as of 25 September 2019, the resolution calls for, among other actions, the continuation of work towards the development of an additional protocol to the Convention prepared by the Ad Hoc Committee on the Elaboration of Complementary Standards to the CERD and provide a report to the Ad-Hoc Committee; for OHCHR to conduct a midterm review of the Decade for People of African Descent; and for the Intergovernmental Working Group to report to the HRC and the General Assembly on the implementation of the Durban Declaration and Programme of Action as part of the commemoration of the 20th anniversary of the DDPA.
Click here to read the resolution
The right of everyone to the enjoyment of the highest attainable standard of physical and mental health - A/HRC/42/L.19
Led by Brazil, and co-sponsored by 72 States as of 26 September 2019, the resolution renews the mandate of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health for a period of 3 years.
The resolution was adopted by consensus. You can watch the discussion and adoption here.
Click here to read the resolution
The question of the death penalty - A/HRC/42/L.37
Led by Belgium, Benin, Costa Rica, France, Mexico, Mongolia, Republic of Moldova, Switzerland and co-sponsored by 48 States as of 23 September 2019, the resolution focuses on the impact of the resumption of the use of the death penalty on human rights, which was the topic of the Secretary-General’s report presented this session. It stresses that the use of death penalty as a sanction against specific forms of conduct, such as adultery, blasphemy, homosexuality, apostasy, establishing political opposition groups or offending a head of State, constitutes a violation of States’ international obligations. It condemns the resumption of the death penalty, in particular for any crimes that do not qualify as “the most serious crimes.” It requests the Secretary-General to dedicate his 2021 report to the consequences of the imposition and application of the death penalty on the enjoyment of the human rights of persons facing the death penalty and other affected persons, and to present it to the 48th session of the Human Rights Council. It dedicates the upcoming biennial high-level panel discussion at the 46th session of the Human Rights Council to the human rights violations related to the use of the death penalty, in particular with respect to whether the use of the death penalty has a deterrent effect on crime rate. Four hostile amendments were put forward and were all rejected.
The resolution was adopted by 26 to 14 votes, with 6 abstentions. You can watch the discussion and adoption here.
Click here to read the resolution
Other relevant resolutions included:
- The human rights to safe drinking water and sanitation (led by Germany and Spain) - A/HRC/42/L.1
- The role of prevention in the promotion and protection of human rights (led by Australia, Hungary, Maldives, Morocco, Poland, Ukraine and Uruguay) - A/HRC/42/L.2
- Promotion of a democratic and equitable international order (led by Cuba) - A/HRC/42/L.7
- The human rights of older persons (led by Argentina and Brazil) - A/HRC/42/L.13
- Promoting international cooperation to support national mechanisms for implementation, reporting and follow-up (led by Brazil and Paraguay) - A/HRC/42/L.3
- World Programme for Human Rights Education: adoption of the plan of action for the fourth phase (led by Brazil, Costa Rica, Italy, Morocco, Philippines, Senegal, Slovenia) - A/HRC/42/L.5
- Human rights and indigenous peoples (led by Guatemala and Mexico) - A/HRC/42/L.24
- Human rights and indigenous peoples: mandate of the Special Rapporteur on the rights of indigenous peoples (led by Guatemala and Mexico) - A/HRC/42/L.25
- Protection of the rights of workers exposed to hazardous substances and wastes (led by Angola on behalf of the Group of African States) - A/HRC/42/L.27
- The use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination (led by Cuba) - A/HRC/42/L.8
- Human rights in the administration of justice, including juvenile justice (led by Austria) - A/HRC/42/L.11
- Arbitrary detention (led by France) - A/HRC/42/L.34/Rev.1
SRI Oral Statements
Interactive Dialogue with the Special Rapporteur on contemporary forms of slavery (watch the statement here)
Interactive dialogue with the Special Rapporteur on the rights to water and sanitation (watch the statement here)
Interactive dialogue with the Special Rapporteur on the right to development (watch the statement here)
Interactive dialogue with the Working Group of Experts on People of African Descent (watch the statement here)
Annual discussion on the integration of a gender perspective throughout the work of the Human Rights Council and that of its mechanisms (watch the statement here)
Joint Oral Statements
Along with over 300 civil society organizations, the SRI presented a joint statement on reproductive justice and abortion, to mark International Safe Abortion Day.
In support of International Safe Abortion Day on 28 September 28, the Sexual Rights Initiative, the Center for Reproductive Rights, the Sexual and Reproductive Justice Coalition, Ipas, the Asia-Pacific Resource and Research Centre for Women, the Association for Women’s Rights in Development, and CHOICE for Youth and Sexuality developed a joint statement on abortion rights for delivery at 42nd session of the UN Human Rights Council in Geneva. The focus of this year’s statement was on reproductive justice and abortion and built on last year’s successful joint civil statement to the Council.
Click here to read the statement
Side Events
Reproductive Justice and Abortion
In collaboration with ARROW, AWID, the Center for Reproductive Rights, CHOICE, IPPF, RFSU, Rutgers, the Sexual and Reproductive Justice Coalition, and the South African Permanent Mission to the UN in Geneva, SRI organized the side event to build up on the conversation on intersectionality as politics and practice held in June 2019. By engaging with the framework of reproductive justice, we continue to delve into intersectionality to show how it shapes our work in the context of International Safe Abortion Day.
The speakers were Ms. Nelia Barnard (Deputy Permanent Representative of South Africa to the United Nations in Geneva), Catalina Devandas (UN Special Rapporteur on the rights of persons with disabilities), Paola Salwan Daher (Senior Global Advocacy Advisor, Center for Reproductive Rights), Urszula Grycuk (Federation for Women and Family Planning), and Anthea Taderera (Advocacy Officer, Coalition of African Lesbians).
You can watch the side event with closed captions on our Facebook page and read updates on the Twitter account of the Coalition of African Lesbians and of SRI.
Ensuring Accountability for Women’s and Girls’ Human Rights in Humanitarian Settings: the Role of the Human Rights Council
SRI co-sponsored this side event organized by the Center for Reproductive Rights in collaboration with the Permanent Missions of Canada, Georgia, New Zealand, Sweden and Uruguay, the Office of the High Commissioner for Human Rights (OHCHR), the Reproductive Health Research Department of the World Health Organization (HRP/WHO), the United Nations Population Fund (UNFPA), UN Women, Legal Action Worldwide (LAW), Plan International, the International Planned Parenthood Federation (IPPF) and RFSU.
For updates from the event please see our Twitter thread.
UPR Statements
UPR outcome of Albania - Joint statement with the Albania Centre for Population and Development (watch the statement here)
UPR outcome of the DRC - Joint statement with Si Jeunesse Savait and the Coalition of African Lesbians
UPR outcome of Portugal - Joint statement with Associação para o Planeamento da Família (watch the statement here)
UPR outcome of Costa Rica - Joint statement with Asociación Ciudadana ACCEDER, Asociación de Desarrollo LBGT, Asociación Esperanza Viva, Asociación MANU, Centro de Investigación y Promoción para América Central Derechos Humanos CIPAC, AGECO, Familias Homoparentales, Frente por los Derechos Igualitarios (FDI), Iglesia Luterana Costarricense, Peras del Olmo, Hivos, Movimiento Diversidad, Asociación Demográfica Costarricense, ICW Costa Rica, Colectivo Trans-Parencias, Colectiva Transcendientes, and Siwo Alar Hombres Trans CR (watch the statement here)
UPR outcome of Nicaragua - Joint statement with Agrupación de Mujeres Trans y Culturales (AMTC) (watch the statement here)