Jurisprudential Annotations to the Yogyakarta Principles* Note: The Yogyakarta Principles reflect the application of binding international human rights law to issues of sexual orientation and gender identity. They were developed and unanimously adopted by a distinguished group of human rights experts, from diverse regions and backgrounds. The following Annotations provide additional information about the international instruments and jurisprudence upon which each Principle is based. Although not explicitly forming part of the text adopted by the participating experts, the Annotations serve as a valuable guide to the legal framework underpinning each Principle. The full text of the Yogyakarta Principles in all 6 UN languages can be found at www.yogyakartaprinciples.org. PRINCIPLE 1: THE RIGHT TO THE UNIVERSAL ENJOYMENT OF HUMAN RIGHTS All human beings are born free and equal in dignity and rights.1 Human beings of all sexual orientations and gender identities are entitled to the full enjoyment of all human rights.2 States shall:3 * November 2007. These annotations were undertaken at the University of Nottingham Human Rights Law Centre, under the direction of Professor Michael O’Flaherty. The principal researcher was Gwyneth Williams LLM. 1 Universal Declaration of Human Rights [UDHR], G.A. res. 217A (III), U.N. Doc. A/810 at 71 (1948), Art. 1. 2 Regarding the general principle see: ¶ UDHR, preamble and Art. 2; ¶ Vienna Declaration and Programme of Action [Vienna Declaration], adopted by the World Conference on Human Rights in Vienna, 25 June 1993, preamble and Part I, para. 1. 3 See the obligation provisions of the core international human rights treaties: ¶ International Convention on the Elimination of All Forms of Racial Discrimination [ICERD], G.A. res. 2106 (XX), Annex, 20 U.N. GAOR Supp. (No. 14) at 47, U.N. Doc. A/6014 (1966), 660 U.N.T.S. 195, entered into force 4 January 1969, Art. 2 (1): “States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races…”; ¶ International Covenant on Civil and Political Rights [ICCPR], G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force 23 March 1976, Art. 2 (2): “Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. […]”; ¶ International Covenant on Economic, Social and Cultural Rights [ICESCR], G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force 3 January 1976, Art. 2 (1): “Each State Party to the
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