Getting lesbian and gay issues on the international human rights agenda

Human Rights Quarterly

Volumn 18, Issue 1, 1996, Pages 67-106

  Sanders, Douglas ^a  

^a NONE

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EID: 0001962198     PISSN: 02750392     EISSN: None     Source Type: Journal    
DOI: 10.1353/hrq.1996.0010     Document Type: Article

References (177)

1. Since 1992 the author has represented the International Lesbian and Gay Association (ILGA) in various United Nations fora. Information in this article on ILGA and on discussions in particular meetings of United Nations bodies are, in the absence of citations of other sources, drawn from the author's participation, personal notes, or from internal ILGA sources. When available, citations are supplied for public sources, including the quarterly ILGA Bulletin, the periodic ILGA Euroletter and United Nations publications.
2. Statement by Ms. Shirely Lithgow on behalf of the Australian delegation to the Fifty-First Session of the Commission on Human Rights, Geneva, 27 February 1995. This statement repeats a statement first made on 23 June 1993 at the United Nations World Conference on Human Rights, Vienna, Austria.
3. Alya Z. Kayal et al., The Forty-Fourth Session of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, 15 HUM. RTS. Q. 410, 457 (1993).
4. Only with homophobia are religious, social, and biological explanations still routinely cited to justify discrimination. The black American historian Henry Louis Gates Jr., has commented that "in many ways contemporary homophobia is more virulent than contemporary racism." Blacklash, NEW YORKER, 17 May 1993, at 42.
5. The difference in perception of lesbians and gay men has prompted considerable discussion about the exact roots of antihomosexual views, with some arguing that the elimination of sexism would itself end homophobia. See, e.g., MONIQUE WITTIG, THE STRAIGHT MIND AND OTHER ESSAYS (1992).
6. Some similarities exist with members of stigmatized political minorities, such as communists in the West during the early years of the cold war. The ability to "pass" as heterosexual is only possible because of a cultivated blindness on the part of most people to the lesbian women and gay men living and working around them.
7. This self-censorship by Western media is benevolent in intent but perpetuates silence and invisibility, making changes in attitudes and laws more difficult. Two Canadian examples are (a) the unwillingness of the media to report on the open "gay-baiting" of Member of Parliament Svend Robinson by other Members in the Canadian Parliament before Mr. Robinson publicly declared his homosexuality in 1988, and (b) the unwillingness of media to report the public statements of Michael Leshner, a Crown prosecutor, who had brought a case claiming same-sex spousal benefits, that his employer the Attorney General of Ontario, lan Scott, against whom the case had been brought, was also homosexual. Michael Leshner, The Media Keeps Gay Secrets, XTRA, 31 Mar. 1995, at 1.
8. Dr. Mahathir's Cure, editorial, GLOBE AND MAIL, 26 Sept. 1992, at D6 (quoting from a speech in the United Nations General Assembly). African representatives were seen as the main problem within Amnesty International in the debate on widening its mandate to include individuals imprisoned for homosexual acts.
9. ALFRED KINSEY, SEXUAL BEHAVIOR IN THE HUMAN MALE 650-51 (1948). The conclusions of the Kinsey research have still not been fully absorbed in public discourse. Kinsey is constantly cited for the proposition that 10 percent of males are homosexual, but this is a distortion of his conclusions. The distortion serves to sustain the idea that there is a discrete homosexual minority and a separate heterosexual majority. This minoritizing of homosexuals seems to reflect a majority wish to see homosexuals as a distinct "other."
10. The information on criminal laws in this section is derived from AART HENDRIKS ET AL., THE THIRD PINK BOOK: A GLOBAL VIEW OF LESBIAN AND GAY LIBERATION AND OPPRESSION (Aart Hendriks et al. eds., 1993 [hereinafter THE THIRD PINK BOOK]); ERIC HEINZE, SEXUAL ORIENTATION; A HUMAN RIGHT (1995); and information from the ILGA EUROLETTER and from Alexandra Duda (Cologne), and Kurt Krickler (Vienna).
11. The information on criminal laws in this section is derived from AART HENDRIKS ET AL., THE THIRD PINK BOOK: A GLOBAL VIEW OF LESBIAN AND GAY LIBERATION AND OPPRESSION (Aart Hendriks et al. eds., 1993 [hereinafter THE THIRD PINK BOOK]); ERIC HEINZE, SEXUAL ORIENTATION; A HUMAN RIGHT (1995); and information from the ILGA EUROLETTER and from Alexandra Duda (Cologne), and Kurt Krickler (Vienna).
12. When criminal law moved from the national to the republic level in Yugoslavia in 1977 four republics and autonomous provinces decriminalized: Slovenia, Voivodina, Croatia, and Montenegro.
13. Rob Tielman & Hans Hammelburg, World Survey on the Social and Legal Position of Gays and Lesbians, in THE THIRD PINK BOOK, supra note 10.
14. Activists Launch Campaign to Repeal Chile's Sodomy Law, International Gay and Lesbian Human Rights Commission, Emergency Response Network, June 1995, at 1.
15. There are paradoxical examples of jurisdictions enacting nondiscrimination laws without having repealed criminal laws against homosexual acts. This was true in 1994 in South Africa, though the constitutional amendment prohibiting discrimination was assumed to be a de facto repeal of the criminal law. There are also a couple of states in the United States where antidiscrimination provisions co-exist with criminal law prohibitions.
16. The vagueness of the phrase forms the basis of some recent arguments against recognizing "sexual orientation" as a prohibited ground of discrimination. Representatives of the Vatican argued at the Fourth World Conference on Women in Beijing in September 1995, that "sexual orientation" might include pedophilia. Information from Ms. Shelagh Day, NGO representative at the conference of Equality for Gays and Lesbians Everywhere (EGALE) and of the National Association of Women and the Law (of Canada).
17. The Supreme Court of Canada in Egan v. Canada, May 1995, unanimously held that the general equality provision in § 15 of the Constitution Act, 1982, prohibited discrimination against lesbian women and gay men. A majority held that this prohibition of discrimination applied to discrimination against same-sex couples as well as discrimination against individuals.
18. Brazil's Constitution Up For Review, 4 ILGA BULLETIN 4 (1993); Gays Protected in Polish Constitution Draft, 2 ILGA BULLETIN 4 (1995).
19. Brazil's Constitution Up For Review, 4 ILGA BULLETIN 4 (1993); Gays Protected in Polish Constitution Draft, 2 ILGA BULLETIN 4 (1995).
20. See Douglas Sanders, Constructing Lesbian and Gay Rights, 9 CANADIAN J. L. & SOC'Y 99, 120-35 (1994); Kees Waaldijk, Standard Sequences in the Legal Recognition of Homosexuality - Europe's Past, Present and Future, 4 AUSTRALASIAN GAY & LESBIAN L. REV., 50-72 (1994). The Supreme Court of Israel ruled in October 1994, that the national airline had to extend spousal benefits to a same-sex partner: Gay couples Ruling Condemned, VANCOUVER SUN, 14 Dec. 1994, at B4.
21. See Douglas Sanders, Constructing Lesbian and Gay Rights, 9 CANADIAN J. L. & SOC'Y 99, 120-35 (1994); Kees Waaldijk, Standard Sequences in the Legal Recognition of Homosexuality - Europe's Past, Present and Future, 4 AUSTRALASIAN GAY & LESBIAN L. REV., 50-72 (1994). The Supreme Court of Israel ruled in October 1994, that the national airline had to extend spousal benefits to a same-sex partner: Gay couples Ruling Condemned, VANCOUVER SUN, 14 Dec. 1994, at B4.
22. See Douglas Sanders, Constructing Lesbian and Gay Rights, 9 CANADIAN J. L. & SOC'Y 99, 120-35 (1994); Kees Waaldijk, Standard Sequences in the Legal Recognition of Homosexuality - Europe's Past, Present and Future, 4 AUSTRALASIAN GAY & LESBIAN L. REV., 50-72 (1994). The Supreme Court of Israel ruled in October 1994, that the national airline had to extend spousal benefits to a same-sex partner: Gay couples Ruling Condemned, VANCOUVER SUN, 14 Dec. 1994, at B4.
23. Marianne Pedersen, Denmark: Homosexual Marriages and New Rules Regarding Separation and Divorce, J. FAM. L. 289 (1991-92); Shiela Rule, A New Law in Demark Permits Gay "Partnerships," N.Y. TIMES, 2 Oct. 1989, at B-1.
24. Marianne Pedersen, Denmark: Homosexual Marriages and New Rules Regarding Separation and Divorce, J. FAM. L. 289 (1991-92); Shiela Rule, A New Law in Demark Permits Gay "Partnerships," N.Y. TIMES, 2 Oct. 1989, at B-1.
25. Norway, Second Country to Adopt Partnership Law, 3 ILGA BULLETIN 22 (1993); Sweden, Registered Partnership Legislation Enacted, 3 ILGA BULLETIN 12 (1994).
26. Norway, Second Country to Adopt Partnership Law, 3 ILGA BULLETIN 22 (1993); Sweden, Registered Partnership Legislation Enacted, 3 ILGA BULLETIN 12 (1994).
27. Scandi-Marriages Recognized by Each Ohter, 3 ILGA BULLETIN 16 (1995).
28. These laws do not themselves give legal status to the relationships, but create a formal public record.
29. Institutional Bias, ADVOCATE MAGAZINE, 18 Oct. 1994, at 15.
30. See Susan Boyd, Expanding the "Family" in Family Law: Recent Ontario Proposals on Same Sex Relationships, 7 CANADIAN J. WOMEN & L. 545 (1994).
31. A bill on registered partnerships was introduced in the Netherlands in June 1994. It would apply to same-sex couples and nonsexual couples who wished to formalize a relationship of interdependency. There is also a proposal for a law on co-custody and joint custody of children. Information from Mr. Kees Waaldijk, Faculty of Law, University of Limberg, Maastricht, Netherlands. See Dutch Government Presents Plans on Partnerships and Family, 36 ILGA EUROLETTER, Oct. 1995, at 11.
32. Law Reform Commission of the State of Queensland, De Facto Relationships, June 1993; Australian Capital Territory, Discussion Paper on Domestic Relationship Legislation, June 1993. See also Ontario Law Reform Commission, Report on the Rights and Responsibilities of Cohabitants under the Family Law Act, November 1993.
33. Dissenting Judge Walsh in Dudgeon v. United Kingdom, 4 Eur. Ct. H. R. ¶ 17, referred to anti-homosexual views as not differing "materially from those which throughout history conditioned the moral ethos of the Jewish, Christian and Muslim cultures." Chief Justice Burger, in the United State Supreme Court decision Bowers v. Hardwick, 478 U.S. 186 at 197 (1986) referred to: "millennia of moral teaching" as behind antihomosexual views. Pope John Paul II has referred to the teachings of the Roman Catholic church on the issue as consistent over time. The representative of Iraq in the NGO Committee of the Economic and Social Council in March 1993, considering the application of the International Lesbian and Gay Association, said that the work of the organization "runs counter to the beliefs of all divine religions. . . ."
34. For a recent text see EVA CANTARELLA, BISEXUALITY IN THE ANCIENT WORLD (1992). The exact position of Socrates, Plato, and Aristotle on homosexual attraction and homosexual acts became an issue in litigation in the United States on Colorado Constitutional Amendment. See John Finnis, Law, Morality, and "Sexual Orientation," 69 NOTRE DAME L. REV. 1049, 1055-63 (1994).
35. For a recent text see EVA CANTARELLA, BISEXUALITY IN THE ANCIENT WORLD (1992). The exact position of Socrates, Plato, and Aristotle on homosexual attraction and homosexual acts became an issue in litigation in the United States on Colorado Constitutional Amendment. See John Finnis, Law, Morality, and "Sexual Orientation," 69 NOTRE DAME L. REV. 1049, 1055-63 (1994).
36. JOHN BOSWELL, CHRISTIANITY, SOCIAL TOLERANCE AND HOMOSEXUALITY (1980). Boswell recounts that in the twelfth century there was a homoerotic literature, male prostitution, widespread knowledge that homosexuals held positions of political and ecclesiastical authority and even the rudiments of gay slang. Bowell more recently has published a controversial study on ceremonies of same sex union. JOHN BOSWELL, SAME-SEX UNIONS IN PREMODERN EUROPE (1995).
37. JOHN BOSWELL, CHRISTIANITY, SOCIAL TOLERANCE AND HOMOSEXUALITY (1980). Boswell recounts that in the twelfth century there was a homoerotic literature, male prostitution, widespread knowledge that homosexuals held positions of political and ecclesiastical authority and even the rudiments of gay slang. Bowell more recently has published a controversial study on ceremonies of same sex union. JOHN BOSWELL, SAME-SEX UNIONS IN PREMODERN EUROPE (1995).
38. The Kama Sutra dates to the fourth to fifth century A.D. See RAKESH RATTI, A LOTUS OF ANOTHER COLOR 22 (1993).
39. Id. at 31-33.
40. IHARA SAIKAKU, THE GREAT MIRROR OF MALE LOVE (1990) (a translation of Nanshoku Okagami of 1687).
41. BERT HINCH, PASSIONS OF THE CUT SLEEVE: THE MALE HOMOSEXUAL TRADITION IN CHINA 2 (1990).
42. See RICHARD PLANT, THE PINK TRIANGLE: THE NAZI WAR AGAINST HOMOSEXUALITY (1986); FRANK RECTOR, THE NAZI EXTERMINATION OF HOMOSEXUALS 189 (1981); JAMES D. STEAKLEY, THE HOMOSEXUAL EMANCIPATION MOVEMENT IN GERMANY 121 (1975).
43. See RICHARD PLANT, THE PINK TRIANGLE: THE NAZI WAR AGAINST HOMOSEXUALITY (1986); FRANK RECTOR, THE NAZI EXTERMINATION OF HOMOSEXUALS 189 (1981); JAMES D. STEAKLEY, THE HOMOSEXUAL EMANCIPATION MOVEMENT IN GERMANY 121 (1975).
44. See RICHARD PLANT, THE PINK TRIANGLE: THE NAZI WAR AGAINST HOMOSEXUALITY (1986); FRANK RECTOR, THE NAZI EXTERMINATION OF HOMOSEXUALS 189 (1981); JAMES D. STEAKLEY, THE HOMOSEXUAL EMANCIPATION MOVEMENT IN GERMANY 121 (1975).
45. See, e.g., ARNO SCHMITT & JEHOEDA SOFER, SEXUALITY AND EROTICISM AMONG MALES IN MOSLEM SOCIETIES (1992).
46. On the American Indian berdache see WILL ROSCOE, LIVING THE SPIRIT (1988); WALTER WILLIAMS, THE SPIRIT AND THE FLESH: SEXUAL DIVERSITY IN AMERICAN INDIAN CULTURE (1986).
47. On the American Indian berdache see WILL ROSCOE, LIVING THE SPIRIT (1988); WALTER WILLIAMS, THE SPIRIT AND THE FLESH: SEXUAL DIVERSITY IN AMERICAN INDIAN CULTURE (1986).
48. GILBERT HERDT, GUARDIANS OF THE FLUTES (1981); GILBERT HERDT, RITUALIZED HOMOSEXUALITY IN MELANESIA (1984).
49. GILBERT HERDT, GUARDIANS OF THE FLUTES (1981); GILBERT HERDT, RITUALIZED HOMOSEXUALITY IN MELANESIA (1984).
50. Earlier patterns of the open acceptance of homosexuality, such as in Mogul India, may have been limited to elites.
51. DAVID HALPERIN, ONE HUNDRED YEARS OF HOMOSEXUALITY (1990). See also JONATHAN KATZ, THE INVENTION OF HETEROSEXUALITY (1995); JEFFREY WEEKS, AGAINST NATURE (1991); JEFFREY WEEKS, SEXUALITY AND ITS DISCONTENTS (1985); JOHN D'EMILIO, MAKING TROUBLE (1992); GARY KINSMAN, THE REGULATION OF DESIRE (1987). Earlier patterns such as those among Muslim rulers in India, would have been confined to elites.
52. DAVID HALPERIN, ONE HUNDRED YEARS OF HOMOSEXUALITY (1990). See also JONATHAN KATZ, THE INVENTION OF HETEROSEXUALITY (1995); JEFFREY WEEKS, AGAINST NATURE (1991); JEFFREY WEEKS, SEXUALITY AND ITS DISCONTENTS (1985); JOHN D'EMILIO, MAKING TROUBLE (1992); GARY KINSMAN, THE REGULATION OF DESIRE (1987). Earlier patterns such as those among Muslim rulers in India, would have been confined to elites.
53. DAVID HALPERIN, ONE HUNDRED YEARS OF HOMOSEXUALITY (1990). See also JONATHAN KATZ, THE INVENTION OF HETEROSEXUALITY (1995); JEFFREY WEEKS, AGAINST NATURE (1991); JEFFREY WEEKS, SEXUALITY AND ITS DISCONTENTS (1985); JOHN D'EMILIO, MAKING TROUBLE (1992); GARY KINSMAN, THE REGULATION OF DESIRE (1987). Earlier patterns such as those among Muslim rulers in India, would have been confined to elites.
54. DAVID HALPERIN, ONE HUNDRED YEARS OF HOMOSEXUALITY (1990). See also JONATHAN KATZ, THE INVENTION OF HETEROSEXUALITY (1995); JEFFREY WEEKS, AGAINST NATURE (1991); JEFFREY WEEKS, SEXUALITY AND ITS DISCONTENTS (1985); JOHN D'EMILIO, MAKING TROUBLE (1992); GARY KINSMAN, THE REGULATION OF DESIRE (1987). Earlier patterns such as those among Muslim rulers in India, would have been confined to elites.
55. DAVID HALPERIN, ONE HUNDRED YEARS OF HOMOSEXUALITY (1990). See also JONATHAN KATZ, THE INVENTION OF HETEROSEXUALITY (1995); JEFFREY WEEKS, AGAINST NATURE (1991); JEFFREY WEEKS, SEXUALITY AND ITS DISCONTENTS (1985); JOHN D'EMILIO, MAKING TROUBLE (1992); GARY KINSMAN, THE REGULATION OF DESIRE (1987). Earlier patterns such as those among Muslim rulers in India, would have been confined to elites.
56. DAVID HALPERIN, ONE HUNDRED YEARS OF HOMOSEXUALITY (1990). See also JONATHAN KATZ, THE INVENTION OF HETEROSEXUALITY (1995); JEFFREY WEEKS, AGAINST NATURE (1991); JEFFREY WEEKS, SEXUALITY AND ITS DISCONTENTS (1985); JOHN D'EMILIO, MAKING TROUBLE (1992); GARY KINSMAN, THE REGULATION OF DESIRE (1987). Earlier patterns such as those among Muslim rulers in India, would have been confined to elites.
57. Lesbian and gay studies titles have now been published by many university presses in North America, including California, Chicago, Columbia, Duke, Harvard, Indiana, Massachusetts, Minnesota, Princeton, Stanford, Temple, Toronto, and Yale.
58. Some recent arguments in the United States assert that homosexuals are affluent, even claiming that male homosexuals have high amounts of "mileage points" given to frequent flyers on airlines. Research of Ms. Didi Herman, Lecturer, Dept. of Law, University of Keele, United Kingdom.
59. There was no choice. Lesbians and gay men did not initially have the alternative of open participation in general institutions, such as churches, trade unions, or political parties. They would not have been accepted. It is striking that all of the functioning lesbian and gay rights organizations date from after the second World War. In contrast, certain of the organizations concerned with racism, women's rights, childrens rights, indigenous rights, and slavery have much longer histories.
60. See MARTIN DUBERMAN, STONEWALL (1994); JOHN D'EMILIO, SEXUAL POLITICS, SEXUAL COMMUNITIES (1983).
61. See MARTIN DUBERMAN, STONEWALL (1994); JOHN D'EMILIO, SEXUAL POLITICS, SEXUAL COMMUNITIES (1983).
62. See James D. Wilets, International Human Rights Law and Sexual Orientation, 18 HASTINGS INT'L & COMP. L. REV. 1, 86 (1994).
63. Dudgeon v. United Kingdom, supra note 27, at 149. This was the first case involving homosexuality to be heard by the court. On the European human rights system and homosexual issues, see Pieter van Dijk, The Treatment of Homosexuals Under the European Convention on Human Rights, in HOMOSEXUALITY: A EUROPEAN COMMUNITY ISSUE 179 (Kees Waaldijk & Andrew Clapham eds., International Studies in Human Rights Vol. 26, 1993); Laurence R. Heifer, Finding a Consensus on Equality: The Homosexual Age of Consent and the European Convention on Human Rights, 65 N.Y.U. L. REV. 1044 (1990).
64. Dudgeon v. United Kingdom, supra note 27, at 149. This was the first case involving homosexuality to be heard by the court. On the European human rights system and homosexual issues, see Pieter van Dijk, The Treatment of Homosexuals Under the European Convention on Human Rights, in HOMOSEXUALITY: A EUROPEAN COMMUNITY ISSUE 179 (Kees Waaldijk & Andrew Clapham eds., International Studies in Human Rights Vol. 26, 1993); Laurence R. Heifer, Finding a Consensus on Equality: The Homosexual Age of Consent and the European Convention on Human Rights, 65 N.Y.U. L. REV. 1044 (1990).
65. Dudgeon v. United Kingdom, supra note 27, at 149. This was the first case involving homosexuality to be heard by the court. On the European human rights system and homosexual issues, see Pieter van Dijk, The Treatment of Homosexuals Under the European Convention on Human Rights, in HOMOSEXUALITY: A EUROPEAN COMMUNITY ISSUE 179 (Kees Waaldijk & Andrew Clapham eds., International Studies in Human Rights Vol. 26, 1993); Laurence R. Heifer, Finding a Consensus on Equality: The Homosexual Age of Consent and the European Convention on Human Rights, 65 N.Y.U. L. REV. 1044 (1990).
66. European Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8 (1), opened for signature 4 Nov. 1950, Eur.T.S. No. 5, 21 3 U.N.T.S. 221 (entered into force 3 Sept. 1953) (hereinafter European Convention). The decision departed from earlier decisions of the Commission upholding German criminal law. Privacy is obviously an inadequate basis for constructing a broader regime of equality for homosexuals, because heterosexual relationships are publicly recognized, socially and legally, in all societies.
67. Dudgeon, supra note 45.
68. Such laws were said to be no longer considered necessary or appropriate in the "great majority" of the member states. The dissenting judgment of judge Walsh, paragraph 16, criticized the reference to the law in other European States in the majority judgment as establishing "a Euro-norm." The four dissenting judges were from Ireland, Cyprus, Austria, and Portugal.
69. 13 Eur. Ct. H.R., at 186 (1991).
70. 16 Eur. Ct. H.R., at 485 (1993). Cyprus had stopped laying charges against private homosexual activity after the Dudgeon decision, but had not repealed the criminal prohibition. Id. The government of Cyprus conceded that the prohibition was contrary to the Constitution of Cypress, under which treaty obligations were superior to domestic law. Id. The government did not try to justify the law, arguing only that its questionable legal status and the policy against prosecution resulted in no interference with the rights of the applicant. Id.
71. A ban on homosexuals serving in the armed forces was upheld in 1983 in B. v. United Kingdom, App. No. 9237/81, 34 Eur. Comm'n H.R. Dec. & Rep. 68 (1983). Unequal ages of consent for homosexual and heterosexual acts have been upheld a number of times. See van Dijk, supra note 45, at 195-96 (commenting on the disparity between the holdings of the Commission and the positions of both the European Parliament and the Parliamentary Assembly of the Council of Europe on the age of consent issue).
72. In contrast article 26 of the International Covenant on Civil and Political Rights, adopted 16 Dec. 1966, 999 U.N.T.S. 171 (entered into force 23 Mar. 1976), G.A. Res. 2200 (XXI), 21 U.N. FAOR, Supp. (No. 16) 52, U.N. Doc. A/6316 (1966) [hereinafter ICCPR] is a general equality provision. See van Dijk, supra note 45, at 204. Van Dijk is hopeful that the Commission and Court will continue in the direction of giving Article 14 an "autonomous" character. The firing of a teacher for publicly discussing her homosexuality was upheld in X v. Belgium, App. No. 11389/85, (1988), illustrating the narrowness of the grounds that can be argued successfully at present. Another equality issue that would be outside the Convention is the antiprostitution law in Greece which applies only to male homosexual prostitution.
73. Van Dijk, supra note 45, at 203 thinks it "not unlikely" that the Court will not follow the Commission on this point. Same-sex partner immigration rights were denied in X. & Y. v. United Kingdom, App. No. 9369/81, 32 Eur. Comm'n H.R. Dec. & Rep. 220 (1983), and in X and Y v. United Kingdom, App. No. 12513/86 (unpublished, discussed in van Dijk, supra note 45, at 191-92). Same-sex partner successor rights to accommodation were denied in S. v. United Kingdom, App. No. 11716/85, 47 Eur. Comm'n H.R. Dec. & Rep. 274 (1986). Denial of access to marriage was upheld in Rees, 106 Eur. Ct. H.R. (ser. A), at 19 (1986). A ban on a lesbian partner assuming parental rights in relation to the child of her partner was upheld in Kerkhoven v. The Netherlands, App. No. 15666/ 89 (1992), when the Commission declared the matter inadmissible.
74. When the case began the age of consent for male homosexual activity was twenty-one, while the age for heterosexual or lesbian activity was sixteen. Since the case began the United Kingdom lowered the age of consent for male homosexual activity to eighteen. See David Smith, European Challenge of IJ's Gay Age of Consent Law, GAY TIMES, Mar. 1995, at 23.
75. See Judging the Level of Harm, GAY TIMES, Mar. 1995, at 30.
76. On the proposal see Laurence R. Helfer, Lesbian and Gay Rights as Human Rights: Strategies for a United Europe, 32 VA. J. INT'L L. 157 (1991). The need for an additional protocol has been questioned on the basis that "sex" and "other status" in Article 14 of the European Convention could be interpreted to include "sexual orientation." As indicated earlier, while Article 14 is not a general equality provision, van Dijk has suggested that a process of treating it as an "autonomous" article could progress and give protection to lesbians and gay men in the future.
77. Letter of Klaus Schumann, Head of External Relations Division, Council of Europe, to Lisa Power, Strasbourg, 28 June 1990, in 7 ILGA EUROLETTER, 28 July 1992.
78. European Parliamentary Assembly, Doc. No. 4755, 1 Oct. 1981.
79. European Parliamentary Assembly, 33rd Ordinary Sess., Recommendation 924 (1981) & Res. 756 (1981), both of 1 Oct. 1981. Recommendation 924 has not been adopted by the Committee of Ministers.
80. 35th Sess., Res. 812.
81. Council of Europe, The Council of Europe and Human Rights, Report Prepared by the Counsel of Europe for the World Conference on Human Rights 4 (1993).
82. European Parliament, 1984-85 Debates (Doc. Nos. 1-311, 12) Resolution of 13 Mar. 1984; OJ 1984 C 104/46-48.
83. This represented the first time the European Commission had included a reference to lesbians and gay men in a proposal. The European Parliament approved the Charter with 193 votes in favor, no votes against, and twenty-six abstentions. See generally Lammy Betten, Rights in the Workplace, in HOMOSEXUALITY: A EUROPEAN COMMUNITY ISSUE, supra note 45, at 335, 351-52.
84. Rapporteur: Mrs. Claudia Roth, Report of the Committee on Civil Liberties and Internal Affairs on Equal Rights for Homosexuals and Lesbians in the European Community, U.N. Doc. EN\RR\244\244267 (26 Jan. 1994).
85. Resolution on equal rights for homosexuals and lesbians in the European Community, OJ 1994 C 61/40, Res. No A3-0028/94 (8 Feb. 1994).
86. The resolution is reprinted in 2 ILGA BULLETIN 22-23 (1994).
87. Id.
88. European patterns on adoption laws restrict adoption to married couples. The registered partnership laws in Denmark, Norway, and Sweden leave that restriction in place, specifying that a registered partnership is not to be considered marriage for purposes of adoption laws.
89. This kind of recognition has spread rapidly as government health departments recognize that they cannot mount effective anti HIV/AIDS programs unless they have knowledge of and support from gay men. This seeking out of assistance from gay men has occurred even in China, which in the past denied that there were homosexuals in the country.
90. Council Directive 76/207 EEC. Since this directive goes beyond the specific provisions of the Treaty of Rome it has been argued that the Council could, as well, mandate equality rights in employment for lesbians and gay men. See Andrew Clapham & J.H.H. Weiler, Lesbians and Gay Men in the European Community Legal Order, in HOMOSEXUALITY: A EUROPEAN COMMUNITY ISSUE, supra note 45, at 7, 20.
91. Netherlands v. Reed, E.C.R. 1283 (17 Apr. 1986).
92. EP Extends Benefits, Endorses Gay Protections, 3 ILGA BULLETIN 16 (1995).
93. The information in this section on the meetings of CSCE/OSCE, unless otherwise referenced, is from the files of Mr. Kurt Krickler, of the organization Hosi Wien, Vienna, Austria, who regularly attended the CSCE/OSCE meetings on behalf of ILGA. On the opening day of the Madrid Follow-Up Meeting in 1980, Spanish and French lesbian and gay groups held a press conference and a demonstration. The openly gay writer Dominique Fernandez spoke at the CSCE Cultural Forum in Budapest in 1985. A letter from the Vienna gay organization Hosi Wien was circulated to the delegations at the CSCE Follow-Up Meeting in Vienna, 1986-1989. ILGA held parallel meetings during the CSCE human dimension meeting in Copenhagen in 1990. See CSCE Lobbying History and Plan, 3 ILGA BULLETIN 19-20 (1994).
94. RFSL, the national Swedish lesbian and gay organization, and a Moscow group, ARGO, organized the meetings. There was funding from the Swedish foreign ministry. The US based International Gay and Lesbian Human Rights Commission participated. Svend Robinson, an openly gay member of parliament, was in the Canadian government delegation. Over twenty-five of the thirty-eight government delegations were contacted by lesbian and gay representatives. Five government delegations referred to lesbian and gay issues positively in statements: Denmark, Norway, Finland, Canada, and Sweden. No delegation proposed any resolution on the issues.
95. ILGA EUROLETTER, supra note 57, at 3.
96. ILGA Statement at CSCE Conference, 1 ILGA BULLETIN 8 (1993). The ILGA representative was Kurt Krickler of Hosi Wien, Vienna. The statement circulated at the conference on the homosexual emancipation program of the City of Amsterdam is reprinted in 11 ILGA EUROLETTER, 6 Dec. 1992.
97. Quoted in ILGA, CSCE LOBBYING PAPER, June 1994. See First Implementation Meeting on Human Dimension of CSCE, 5 ILGA BULLETIN 10 (1993).
98. See 30 ILGA EUROLETTER, Jan. 1995.
99. See 33 ILGA EUROLETTER, May 1995.
100. OSCE Success: A Victory for ILGA, 3 ILGA BULLETIN 14 (1995); Kurt Krickler, ILGA Input to OSCE Meeting, 36 ILGA EUROLETTER, Oct. 1995, at 2.
101. OSCE Success: A Victory for ILGA, 3 ILGA BULLETIN 14 (1995); Kurt Krickler, ILGA Input to OSCE Meeting, 36 ILGA EUROLETTER, Oct. 1995, at 2.
102. See LBL et al., Lesbian Visibility; With Special Reference to Lesbians in the Labour Market (Nov. 1993); see also HOMOSEXUALITY: A EUROPEAN COMMUNITY ISSUE, supra note 45. Funding for the Lesbian Visibility study came from the Commission of the European Communities' Equal Opportunities Unit and from LBL, the Danish National Association for Gays and Lesbians. The work was done by individuals connected with LBL, which served at the time as the Women's Secretariat for the International Lesbian and Gay Association. The second study was commissioned and paid for by the Commission of the European Communities, the funding chanelled through the European Human Rights Foundation. Again there were personal connections to the International Lesbian and Gay Association. Slightly earlier funding from the European Human Rights Foundation and from several political groups in the European Parliament allowed the research and publication of the "Iceberg Project," which assessed laws in Europe.
103. See LBL et al., Lesbian Visibility; With Special Reference to Lesbians in the Labour Market (Nov. 1993); see also HOMOSEXUALITY: A EUROPEAN COMMUNITY ISSUE, supra note 45. Funding for the Lesbian Visibility study came from the Commission of the European Communities' Equal Opportunities Unit and from LBL, the Danish National Association for Gays and Lesbians. The work was done by individuals connected with LBL, which served at the time as the Women's Secretariat for the International Lesbian and Gay Association. The second study was commissioned and paid for by the Commission of the European Communities, the funding chanelled through the European Human Rights Foundation. Again there were personal connections to the International Lesbian and Gay Association. Slightly earlier funding from the European Human Rights Foundation and from several political groups in the European Parliament allowed the research and publication of the "Iceberg Project," which assessed laws in Europe.
104. The ILGA/Phare-Tacis Anti-Discrimination Project 1995, 4 ILGA BULLETIN 8 (1994).
105. The report was received by the Sub-Commission as U.M. ESCOR, Comm'n on Hum. Rts., 40th Sess., U.M. Doc. E/CN.4/Sub.2/1988/31 and discussed on 30 Aug. 1988. In 1993 the author made inquiries in Geneva about the report. Almost no one remembered it. No one could identify the background or qualifications of Mr. Fernand-Laurent.
106. Information from Mr. Yves de Matteis, Dialogai, Geneva.
107. Russel L. Barsh, Measuring Human Rights: Problems of Methodology and Purpose, 15 HUM. RTS. Q. 87, 88 (1993).
108. U.M. ESCOR, Comm'n on Hum. Rts., 44th Sess., at ¶ 185, E/CN.4/Sub.2/1992/16 (1992).
109. On file with author.
110. Information from Ms. Valerie Raymond, Government of Canada, and Ms. Shelagh Day, NGO delegate at the Conference. The Vienna preparatory meeting was organized by the Economic Commission for Europe and included representatives from Eastern and Western Europe, as well as Canada and the United States. On the New York meeting, see Peter O'Neil, Lesbian Rights Promoted by Canada on World Stage, VANCOUVER SUN, 30 Mar. 1995, at 4; International Gay and Lesbian Human Rights Commission press release, Lesbian Activists Prepare for Beijing, 5 May 1995.
111. Information from Ms. Valerie Raymond, Government of Canada, and Ms. Shelagh Day, NGO delegate at the Conference. The Vienna preparatory meeting was organized by the Economic Commission for Europe and included representatives from Eastern and Western Europe, as well as Canada and the United States. On the New York meeting, see Peter O'Neil, Lesbian Rights Promoted by Canada on World Stage, VANCOUVER SUN, 30 Mar. 1995, at 4; International Gay and Lesbian Human Rights Commission press release, Lesbian Activists Prepare for Beijing, 5 May 1995.
112. Information from Ms. Shelagh Day, NGO representative for Equality for Gays and Lesbians Everywhere (EGALE) and the National Association of Women and the Law (of Canada). See also Rod Mickleburgh, Lesbians and Fish Stories Conference Highlights, GLOBE AND MAIL, 15 Sept. 1995, at 9; Jonathan Manthorpe, Lesbianism as 'right' and Elusive Coal, VANCOUVER SUN, 14 Sept. 1995, at 11; Canadian Press, UN Officers Detain 2 Canadians, VANCOUVER SUN, 9 Sept. 1995, at 1; Jocelyne Dubois, Lesbians Ready for Beijing, XTRA, 18 Aug. 1995, at 18.
113. Information from Ms. Shelagh Day, NGO representative for Equality for Gays and Lesbians Everywhere (EGALE) and the National Association of Women and the Law (of Canada). See also Rod Mickleburgh, Lesbians and Fish Stories Conference Highlights, GLOBE AND MAIL, 15 Sept. 1995, at 9; Jonathan Manthorpe, Lesbianism as 'right' and Elusive Coal, VANCOUVER SUN, 14 Sept. 1995, at 11; Canadian Press, UN Officers Detain 2 Canadians, VANCOUVER SUN, 9 Sept. 1995, at 1; Jocelyne Dubois, Lesbians Ready for Beijing, XTRA, 18 Aug. 1995, at 18.
114. Information from Ms. Shelagh Day, NGO representative for Equality for Gays and Lesbians Everywhere (EGALE) and the National Association of Women and the Law (of Canada). See also Rod Mickleburgh, Lesbians and Fish Stories Conference Highlights, GLOBE AND MAIL, 15 Sept. 1995, at 9; Jonathan Manthorpe, Lesbianism as 'right' and Elusive Coal, VANCOUVER SUN, 14 Sept. 1995, at 11; Canadian Press, UN Officers Detain 2 Canadians, VANCOUVER SUN, 9 Sept. 1995, at 1; Jocelyne Dubois, Lesbians Ready for Beijing, XTRA, 18 Aug. 1995, at 18.
115. Information from Ms. Shelagh Day, NGO representative for Equality for Gays and Lesbians Everywhere (EGALE) and the National Association of Women and the Law (of Canada). See also Rod Mickleburgh, Lesbians and Fish Stories Conference Highlights, GLOBE AND MAIL, 15 Sept. 1995, at 9; Jonathan Manthorpe, Lesbianism as 'right' and Elusive Coal, VANCOUVER SUN, 14 Sept. 1995, at 11; Canadian Press, UN Officers Detain 2 Canadians, VANCOUVER SUN, 9 Sept. 1995, at 1; Jocelyne Dubois, Lesbians Ready for Beijing, XTRA, 18 Aug. 1995, at 18.
116. Information from Ms. Shelagh Day, NGO representative, who attended the drafting committee meeting. See also Rod Mickleburgh, Women's Rights Spelled Out Clearly, GLOBE AND MAIL, 16 Sept. 1995, 1; Patrick Tyler, Forum on Women Agrees on Coals, N.Y. TIMES, 15 Sept. 1995, at 1.
117. Information from Ms. Shelagh Day, NGO representative, who attended the drafting committee meeting. See also Rod Mickleburgh, Women's Rights Spelled Out Clearly, GLOBE AND MAIL, 16 Sept. 1995, 1; Patrick Tyler, Forum on Women Agrees on Coals, N.Y. TIMES, 15 Sept. 1995, at 1.
118. Australia, Barbados, Bolivia, Brazil, Canada, Chile, Colombia, Cook Islands, Cuba, European Union (fifteen states), Israel, Jamaica, Latvia, New Zealand, Norway, Slovenia, South Africa, Switzerland, and the United States. Ms. Rachel Rosenbloom of the International Gay and Lesbian Human Rights Commission noted that at the previous world conference on women, ten years earlier, only the Netherlands had spoken in support of the rights of lesbians. Lesbians Hail Beijing 'Victory', XTRA, 29 Sept. 1995, at 21.
119. Algeria, Bangladesh, Belize, Benin, Cote d'Ivoire, Egypt, Ghana, Guatemala, Iran, Jordan, Kuwait, Libya, Nigeria, Senegal, Sudan, Syria, Uganda, United Arab Emerites, Venezuela, and Yemen.
120. Kurt Krickler, ILGA's UN activities also started off in Vienna, 2 ILGA BULLETIN 11 (1994).
121. U.N. GAOR, Hum. Rts. Comm.,37th Sess. at 161, U.N. Doc. A/37/40 (1982).
122. Id ¶ ¶ 10.3-10.4.
123. The views of Opsahl, Lallah, and Tarnopolsky are set out in an appendix. They agree with the majority in outcome, ruling that the standards in the Covenant did not apply to privately controlled media.
124. Rob Tielman & Hans Hammelburg, World Survey on the Social and Legal Position of Gays and Lesbians, in THE THIRD PINK BOOK, supra note 10, at 258-59, 279, 300.
125. U.N. GAOR, U.N. Doc. CCPR/C/50/D/488/1992 (views of 31 Mar. 1994).
126. Id. ¶ 2.5.
127. ICCPR supra note 52 at art. 17.
128. Tasmania conceded that "sexual orientation" would be included in "other status," while the Australian government sought guidance from the Committee on this issue. Id. ¶ 6.9.
129. Id. ¶ 8.5.
130. Id. ¶ ¶ 6.6-6.7.
131. Id ¶ 8.6.
132. Id. ¶ 8.7. In paragraph 11 the Committee stated that it was not ruling whether there had been a violation of Article 26 of the ICCPR.
133. The concurring separate opinion of Mr. Bertil Wennergren states concurrence with the Committee's view that "sex" includes "sexual orientation," on the basis that the "common denominator" for the grounds race, colour and sex "are biological or genetic factors." Id. This approach more logically leads to including "sexual orientation" within "other status" on the basis that it is an analogous ground. He also suggests that the failure of the Tasmanian law to prohibit lesbian activity constitutes discrimination on the basis of sex. Id.
134. See generally Anna Funder, The Toonen Case, 5 PUB. L. REV. 156 (1994) (criticizing the ruling that "sex" includes "sexual orientation," noting that an argument to this effect was never put to the Committee).
135. The decision of the Australian High Court in Tasmania v. Commonwealth, 158 C.L.R. 1 (1983) (Aust.) upholds a power of the national parliament to override matters of state law when implementing international law. This is the "foreign affairs" power which was invoked by the national government in enacting the Human Rights (Sexual Conduct) Act in 1994 which invalidates laws which constitute an "arbitrary interference" with privacy, tracking the words of the decision of the Human Rights Committee in the Toonen case. See Brian R. Opeskin & Donald R. Rothwell, The Impact of Treaties on Australian Federalism, 27 CASE W. RES. J. INT'L L. 1, 49-54 (1995) (discussing the government's response to the Toonen decision).
136. Australia Takes Action, ADVOCATE MAGAZINE, 29 Nov. 1994, at 15. Additional information from Wayne Morgan, Lecturer in Law, Faculty of Law, University of Melbourne, Australia.
137. U.N. GAOR, U.N. Doc. CCPR/C/79/Add 50, 6 Apr. 1995.
138. See ¶ 6.6, Views of the Human Rights Committee in Toonen v. Australia, U.N. GAOR, U.N. Doc. CCPR/C/50/D/488/1992.
139. See, for example, Statement of Dr. M.H. Merson, Executive Director, Global Programme on Aids, to the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Agenda item 4, Aug. 1994 (on file with author).
140. Argentina: CHA Goes to the Inter American Court of Human Rights, 2 ILGA BULLETIN 15 (1992).
141. Vince Quackenbush, Gay Rights Victory in Argentina, SAN FRANCISCO SENTINEL, 26 Mar. 1992; Letter of 7 June 1995, from William Courson, Executive Director, Magnus Hirschfeld Centre for Human Rights, Montclair, New Jersey (on file with author).
142. Gay Honduran Aids Group Rebuffed, PASSPORT MAGAZINE, June/July 1995, at 5; Gay Group Denied Legal Registration in Costa Rica, International Lesbian and Gay Human Rights Commission, EMERGENCY RESPONSE NETWORK 1 (June 1995).
143. Gay Honduran Aids Group Rebuffed, PASSPORT MAGAZINE, June/July 1995, at 5; Gay Group Denied Legal Registration in Costa Rica, International Lesbian and Gay Human Rights Commission, EMERGENCY RESPONSE NETWORK 1 (June 1995).
144. Zimbabwe Under Scrutiny, 1 ILGA BULLETIN 7 (1995).
145. Derrick Z. Jackson, Mugabe's Anti-Gay Tirade, GLOBE AND MAIL, 14 Aug. 1995, at A17.
146. Mugabe Renews Attack on Gays, GLOBE AND MAIL, 12 Aug. 1995, at A8; President Vows to Arrest Visiting Gay Activists, VANCOUVER SUN, 17 Aug. 1995, at A11.
147. Mugabe Renews Attack on Gays, GLOBE AND MAIL, 12 Aug. 1995, at A8; President Vows to Arrest Visiting Gay Activists, VANCOUVER SUN, 17 Aug. 1995, at A11.
148. Zimbabwe Leader Condemns Homosexuality, N.Y. TIMES, 2 Aug. 1995, at A7.
149. Convention Relating to the Status of Refugees, adopted 28 July 1951, UN, reprinted in 1 HUMAN RIGHTS: A COMPILATION OF INTERNATIONAL INSTRUMENTS 634, 635 U.N. Doc. ST/HR/1/ Rev.4 (1993).
150. Clyde H. Farnsworth, Argentine Homosexual Gets Refugee Status in Canada, N.Y. TIMES, 14 Jan. 1992, at A10; Estanislao Oziewicz, Homosexual Granted Status as Refugee, GLOBE AND MAIL, 11 Jan. 1992, at 1 ; James Brooke, In Live-and-Let-Live Land, Gay People Are Slain, N.Y. TIMES, 12 Aug. 1993, at A4; Australian Asylum to Chinese Gay Couple, PASSPORT, June 1992, at 3. See Suzanne B. Goldberg, Give Me Liberty or Give Me Death: Political Asylum and the Global Persecution of Lesbians and Gay Men, 26 CORNELL INT'L L. J. 605 (1993). The Supreme Court of Canada recognized that homosexuals came within the phrase "social groups" in Canada v. Ward, 2 S.C.R. 689 (Can. 1993).
151. Clyde H. Farnsworth, Argentine Homosexual Gets Refugee Status in Canada, N.Y. TIMES, 14 Jan. 1992, at A10; Estanislao Oziewicz, Homosexual Granted Status as Refugee, GLOBE AND MAIL, 11 Jan. 1992, at 1 ; James Brooke, In Live-and-Let-Live Land, Gay People Are Slain, N.Y. TIMES, 12 Aug. 1993, at A4; Australian Asylum to Chinese Gay Couple, PASSPORT, June 1992, at 3. See Suzanne B. Goldberg, Give Me Liberty or Give Me Death: Political Asylum and the Global Persecution of Lesbians and Gay Men, 26 CORNELL INT'L L. J. 605 (1993). The Supreme Court of Canada recognized that homosexuals came within the phrase "social groups" in Canada v. Ward, 2 S.C.R. 689 (Can. 1993).
152. Clyde H. Farnsworth, Argentine Homosexual Gets Refugee Status in Canada, N.Y. TIMES, 14 Jan. 1992, at A10; Estanislao Oziewicz, Homosexual Granted Status as Refugee, GLOBE AND MAIL, 11 Jan. 1992, at 1 ; James Brooke, In Live-and-Let-Live Land, Gay People Are Slain, N.Y. TIMES, 12 Aug. 1993, at A4; Australian Asylum to Chinese Gay Couple, PASSPORT, June 1992, at 3. See Suzanne B. Goldberg, Give Me Liberty or Give Me Death: Political Asylum and the Global Persecution of Lesbians and Gay Men, 26 CORNELL INT'L L. J. 605 (1993). The Supreme Court of Canada recognized that homosexuals came within the phrase "social groups" in Canada v. Ward, 2 S.C.R. 689 (Can. 1993).
153. Clyde H. Farnsworth, Argentine Homosexual Gets Refugee Status in Canada, N.Y. TIMES, 14 Jan. 1992, at A10; Estanislao Oziewicz, Homosexual Granted Status as Refugee, GLOBE AND MAIL, 11 Jan. 1992, at 1 ; James Brooke, In Live-and-Let-Live Land, Gay People Are Slain, N.Y. TIMES, 12 Aug. 1993, at A4; Australian Asylum to Chinese Gay Couple, PASSPORT, June 1992, at 3. See Suzanne B. Goldberg, Give Me Liberty or Give Me Death: Political Asylum and the Global Persecution of Lesbians and Gay Men, 26 CORNELL INT'L L. J. 605 (1993). The Supreme Court of Canada recognized that homosexuals came within the phrase "social groups" in Canada v. Ward, 2 S.C.R. 689 (Can. 1993).
154. Clyde H. Farnsworth, Argentine Homosexual Gets Refugee Status in Canada, N.Y. TIMES, 14 Jan. 1992, at A10; Estanislao Oziewicz, Homosexual Granted Status as Refugee, GLOBE AND MAIL, 11 Jan. 1992, at 1 ; James Brooke, In Live-and-Let-Live Land, Gay People Are Slain, N.Y. TIMES, 12 Aug. 1993, at A4; Australian Asylum to Chinese Gay Couple, PASSPORT, June 1992, at 3. See Suzanne B. Goldberg, Give Me Liberty or Give Me Death: Political Asylum and the Global Persecution of Lesbians and Gay Men, 26 CORNELL INT'L L. J. 605 (1993). The Supreme Court of Canada recognized that homosexuals came within the phrase "social groups" in Canada v. Ward, 2 S.C.R. 689 (Can. 1993).
155. Western news stories which discussed the refusal to accredit Human Rights Watch did not mention the refusal to accredit ILGA at the same meeting. See Paul Lewis, Faction in U.N. Panel Blocks a Rights Group, N.Y. TIMES, 3 Feb. 1991, at A11; A Gang of Six at the U.N., N.Y. TIMES, 7 Feb. 1991, at A24. On the ILGA refusal see Chris Bull, Religious Opposition Derails Gay Group's U.N. Consultancy Bid, THE ADVOCATE, 12 Mar. 1991, at 23.
156. Western news stories which discussed the refusal to accredit Human Rights Watch did not mention the refusal to accredit ILGA at the same meeting. See Paul Lewis, Faction in U.N. Panel Blocks a Rights Group, N.Y. TIMES, 3 Feb. 1991, at A11; A Gang of Six at the U.N., N.Y. TIMES, 7 Feb. 1991, at A24. On the ILGA refusal see Chris Bull, Religious Opposition Derails Gay Group's U.N. Consultancy Bid, THE ADVOCATE, 12 Mar. 1991, at 23.
157. Western news stories which discussed the refusal to accredit Human Rights Watch did not mention the refusal to accredit ILGA at the same meeting. See Paul Lewis, Faction in U.N. Panel Blocks a Rights Group, N.Y. TIMES, 3 Feb. 1991, at A11; A Gang of Six at the U.N., N.Y. TIMES, 7 Feb. 1991, at A24. On the ILGA refusal see Chris Bull, Religious Opposition Derails Gay Group's U.N. Consultancy Bid, THE ADVOCATE, 12 Mar. 1991, at 23.
158. The other supporters were surprising as well. Cuba, while not having criminal prohibitions, had an antihomosexual tradition of state policies. The Russian Federation had in fact just decriminalized, but the decree had not yet been made public when the committee met.
159. Three abstained: Ethiopia, Libya, and the Philippines. Three were not present: Burundi, Cyprus, and Nicaragua. Libya referred to a provision in its constitution which opposed discrimination as the reason it would not vote against accreditation.
160. ILGA's Hot Summer at the United Nations, 4 ILGA BULLETIN 20 (1993).
161. The story first appeared in a right wing antihomosexual magazine Lambda Report, issue of September 1993. The story resulted in an interview with a representative of NAMBLA and of ILGA on the popular CNN television program Larry King Live. See Duncan Osborne, The Trouble with NAMBLA, THE ADVOCATE, 14 Dec. 1993, at 40.
162. The executive body of ILGA restated its position on the protection of children in a statement of 7 Nov. 1993.
163. The initial United States position modified in the negotiations in part because of opposition from Canada and Australia and perhaps certain other states to the details of the proposed US resolution. The agreement is set out in a letter of 3 Dec. 1993 from Hans Hjerpekjon, Secretary General of ILGA, to John Blaney of the United States Mission to the United Nations in New York.
164. 140 CONG. REC. S26 (daily ed. 25 Jan. 1994).
165. Because news of the Helms amendment had appeared in the International Herald Tribune, the ILGA representative was only given the appropriate badge after an interview with a UN official and only after the US delegation was asked whether they had any objection to ILGAs participation.
166. ECOSOC Res. 1994/50, 16 Sept. 1994.
167. On file with author. See also ILGA and the United Nations, 3 ILGA BULLETIN 6 (1995).
168. Barbara Crossette, Unofficial Groups Facing Barriers to U.N. Parley on Women, N.Y. TIMES, 4 Apr. 1995, at A3; see also Barbara Crossette, U.N. Talks on Women Under Fire: Vatican and China Seek to Bar Critics, N.Y. TIMES, 17 Mar. 1995, at A7.
169. Barbara Crossette, Unofficial Groups Facing Barriers to U.N. Parley on Women, N.Y. TIMES, 4 Apr. 1995, at A3; see also Barbara Crossette, U.N. Talks on Women Under Fire: Vatican and China Seek to Bar Critics, N.Y. TIMES, 17 Mar. 1995, at A7.
170. See Masha Gessen, Amnesty International Adopts Lesbians and Gay Men, THE ADVOCATE, 22 Oct. 1991, at 52; see also Peter R. Baehr, Amnesty International and Its Self-imposed Limited Mandate, 12 NETH. Q. HUM. RTS. 5 (1994); XTRA, Nov. 1991, at 5.
171. See Masha Gessen, Amnesty International Adopts Lesbians and Gay Men, THE ADVOCATE, 22 Oct. 1991, at 52; see also Peter R. Baehr, Amnesty International and Its Self-imposed Limited Mandate, 12 NETH. Q. HUM. RTS. 5 (1994); XTRA, Nov. 1991, at 5.
172. AMNESTY INTERNATIONAL, USA, BREAKING THE SILENCE: HUMAN RIGHTS VIOLATIONS BASED ON SEXUAL ORIENTATION (1994).
173. Memorandum of 25 April 1994, as quoted in Wilets, supra note 44, at 36-37.
174. ROBIN SMITH, LIVING IN COVENANT WITH Goo AND ONE ANOTHER (1990).
175. Alan Brash, a former Deputy General Secretary of the Council presented a paper on the issues, carefully marked "For Internal Use Only: This is Not an Official WCC Document" (on file with author).
176. Joint NGO Statement to UN, 4 ILGA BULLETIN 11 (1992).
177. See Rick Harding, Feds Pledge to Add Antigay Incidents to Rights Report, THE ADVOCATE, 21 May 1991, at 24.