The Equal Rights Coalition applauds the recent decision by the Supreme Court of Mauritius to decriminalize same-sex activity between men.

In their judgment, the Court struck down the legal prohibition of sodomy contained in Section 250 (1) of the Mauritian Criminal Code as unconstitutional, a significant step in ensuring equal rights and freedoms for LGBTI+ persons in the country.

Moreover, the Court also ruled that the protections against discrimination on the basis of sex contained in the Constitution of Mauritius are inclusive of sexual orientation, as informed by precedent found in international law.

The Court argued that the criminalization of same-sex activity represented a holdout inherited from the country’s colonial era, rather than an “expression of [the] domestic democratic will” of the Mauritian people. In the ruling, the Supreme Court expressed that sexual orientation is an innate characteristic, and thus an individual’s “choice of a sexual partner cannot be the basis of discrimination and it is not for the state to make such a choice for [them]”.

This ruling adds Mauritius to the list of countries that have recently repealed legal provisions against homosexuality, following recent victories in Singapore and the Cook Islands. As well, the decision represents an achievement towards the inclusion of the LGBTIQ+ community in Mauritian society, and contributes to undoing the lasting and persistent legacies of colonialism that continue to harm LGBTI+ individuals to this day.

As co-chairs of the ERC, we hope that comprehensive legislation safeguarding the rights and freedoms of LGBTI+ persons in Mauritius follows this landmark ruling by the Supreme Court.

The Equal Rights Coalition encourages all countries that still criminalize same-sex relations to follow the courageous and timely example of Mauritius, and guarantee full indivisible and universal human rights for all.

Statement by the co-chairs, Germany and Mexico, on behalf of the Equal Rights Coalition.

On September 12th, the Equal Rights Coalition held a webinar titled “Eliminating Harmful Practices against and Promoting Human Rights Protection of Intersex People – Human Rights Standards and Good Practices”, as part of the programmatic agenda of the ERC’s National Laws and Policies Thematic Group. This event was organized in partnership with LSVD, in their role as the ERC’s current civil society co-chairs, as well as with the United Nations’ Office of the High Commissioner for Human Rights, and Intersex Human Rights Australia.

This webinar aimed to engage representatives from national line ministries from ERC countries with relevant responsibilities for legislative and policy making in relation to the rights of intersex people. In addition to delegates from ERC member states, the webinar also brought together representatives from intersex civil society, national human rights commissions, and multilateral organizations, who enriched the conversation and provided insightful advice and expertise for all attendees.

Furthermore, the webinar also featured case studies from a handful of countries that have successfully passed measures to outlaw harmful, unnecessary, and non consensual medical procedures and treatments on intersex people, particularly children and babies. By organizing this webinar, we sought to create a government-centered space of learning, discussion, and cooperation in order to explore good practices and success stories to safeguard the bodily integrity and autonomy of intersex individuals.

It is vital to note that upholding intersex rights and promoting protections on the basis of sex characteristics are some of the main commitments of the Equal Rights Coalition, as outlined in the ERC’s Strategic Plan 2021-2026. Indeed, Strategic Objective 2 outlines the Coalition’s determination to end violence and discrimination based on SOGIESC (sexual orientation, gender identity and expression, and sex characteristics). The event sought to fulfill this particular mission by fostering a space where experts on the subject matter and representatives from ERC Member States could learn from each other about the best ways to put an end to these systemic patterns of violence, and adequately provide remedy for victims of these practices.

The list of speakers included, in order of appearance:

• Dr. Tlaleng Mofokeng (United Nations’ Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health),
• Dr. (Ina-)Marie Blomeyer (Head of Department for Queer Politics, Sexual and Gender Diversity at the German Federal Ministry of Family Affairs, Senior Citizens, Women and Youth, on behalf of the German government in their role as ERC co-chairs for the period 2022-2024),
• Mauro Cabral Grinspan (Senior Officer for Gender Justice and Equity at the Global Philanthropy Project),
• Dr. Kári Hólmar Ragnarsson (on behalf of the Department of Equality and Human Rights at the Officer of the Prime Minister of Iceland),
• Dr. Rosalind Croucher (President of the Australian Human Rights Commission), 
• Morgan Carpenter (Executive Director at Intersex Human Rights Australia), and
• Crystal Hendricks as moderator (Intersex Program Officer at Iranti, Chair of ILGA World’s Intersex Steering Committee).

In addition, the webinar also featured case studies and interventions from the United States, Spain, Malta, Greece, and Argentina.

Crystal Hendricks opened the event in her role as moderator, emphasizing the nature of the webinar as an open forum for mutual cooperation and collaboration on the topic of intersex rights. The first speaker, Dr. Tlaleng Mofokeng, highlighted the persistent stigma and misinformation regarding variations in sex characteristics in the medical field, which inevitably inflicts damage and trauma on intersex individuals (mainly children and babies) and perpetuates the lack of adequate, appropriate, and respectful care towards this population. In closing, she reiterated the power of “trustful partnerships between policymakers responsible for the health sector and civil society actors, including non-governmental organizations, academia and professional associations,” which, in her view, are the fundamental pillars of efficient healthcare systems and key to the full realization of the right to health.

Representing the German government in their capacity as ERC co-chairs for the period 2022-2024, Dr. Marie Blomeyer spoke of the ERC’s National Laws and Policies Thematic Group as one of the only few forums where governments can come together to learn from each other and push for progress in relation to intersex people. In this regard, she remarked that states should prioritize outlawing harmful and non-consensual practices against intersex individuals, as human rights bodies have laid the groundwork for recognizing that such surgeries, therapies, and treatments constitute serious violations of human rights.

Following Dr. Blomeyer, Mauro Cabral Grinspan gave examples of legal and policy reform on the subject of intersex rights in different countries. In his view, the success stories from the passing of legal protections against harmful medical procedures in several jurisdictions are key evidence that advancing the human rights of intersex people is an achievable goal at different levels. However, he advised that this must be done in close consultation with experts from the intersex community in all stages of the process, in order to avoid oversights and to properly address the need of intersex individuals of different ages and variations in sex characteristics.

Dr. Kári Hólmar Ragnarsson also emphasized the value of close collaboration with intersex civil society in the development of laws and policies as part of his intervention. Speaking on behalf of the Icelandic government, Dr. Ragnarsson discussed some of the lessons learned throughout the consultative and legislative process that accompanied the 2020 amendments to the Act on Gender Autonomy. In his intervention, he highlighted the importance of adopting a human rights based approach to the development of public policy on this subject matter, as informed by recommendations from international human rights bodies as a common ground to frame consultations on the topic of intersex rights.

The last speaker in this round, Dr. Rosalind Croucher, shared remarks from her experience leading a national human rights institution advancing protection of intersex people. Dr. Croucher remarked some of the recommendations contained within the Australian Human Rights Commission most recent in their report on the topic, titled ‘Ensuring health and bodily integrity: towards a human rights approach for people born with variations in sex characteristics’. The main recommendation stemming from this three-year project is that medical interventions modifying sex characteristics of children without personal consent, may only occur in circumstances of medical necessity: (1) where required urgently to avoid serious harm; (2) the risk of harm cannot be mitigated in another less intrusive way; and intervention cannot be further delayed; and (3) the risk of harm outweighs the significant limitation on human rights that is occasioned by medical intervention without personal consent. Importantly, Dr. Croucher emphasized the recommendation that medical interventions taking place other than through the mechanisms present in the aforementioned report should be prohibited and criminalised, an important step in ensuring there is accountability with regards to the performance of these procedures.

After the panel round, the webinar also featured insightful interventions from representatives of key ERC Member States where there has been progress on the outlawing of harmful, non-consensual medical procedures against intersex individuals. From the United States Department of State we learned of the commitment from the Biden administration to uphold intersex rights at the federal level, a vital assurance given the wave of anti-transgender legislation –several of which including excerpts that mandate surgeries on intersex children– at the state level in the United States. Afterwards, a delegate from the Spanish Ministry of Foreign Affairs gave an overview of the 2023 ‘Law for the real and effective equality of trans persons and for the guarantee of the rights of LGTBI persons,’ which bans the performance of non-consensual and medically unnecessary surgeries on children with variations of sex characteristics under 12 years old, and actively seeks the informed consent of children between 12 and 16 years of age.

We also learned key insights about the process of banning intersex genital mutilation in minors in Malta from the SOGIESC Unit at the Human Rights Directorate of the Ministry for Home Affairs, Security, Reforms and Equality. In their intervention, they highlighted the role of intersex civil society in pushing for adequate and appropriate standards of care and justice for people with variations in sex characteristics, leading to the eventual passing of the world’s first law banning harmful medical procedures against these individuals at the national level in 2015. Similarly, a representative from the Human Rights and Gender Directorate at the Greek Ministry of Foreign Affairs also shared some of the lessons learned in relation to the protection of intersex people in Greece, and the passing in 2022 of the ‘Medically Assisted Reproduction Reforms Act’, which bans medical interventions and hormonal treatments and surgeries that aim to modify the sex characteristics of intersex minors under the age of 15, without their free and informed consent. Lastly, we had the opportunity to learn more about the ongoing effort to codify legal protections for intersex individuals in Argentina from a Member of the Argentine National Congress, who offered a chronology of this process and outlined some of the challenges that remain for the meaningful inclusion of intersex rights within legal provisions in the country.

After commenting on the dire state of funding for intersex movements and civil society worldwide, Morgan Carpenter closed the webinar by summarizing the contributions of all panelists and offering some remarks and observations of his own as a bioethicist. In his view, the key goal of the intersex movement is to guarantee the bodily and personal autonomy and integrity of intersex individuals, giving them (and everyone at large) the ability to express themselves in their own way, all while minimizing actions that stigmatize them through medical intervention or through new markers or classifications before they are able to express their own views about themselves. In closing, he emphasized that the need to legislate on the subject matter is well understood based on recommendations from international human rights bodies and national human rights and ethics commissions, as well as from case studies from countries and jurisdictions in different regions of the world. According to him, this inevitably poses implications for the Equal Rights Coalition, and the way that ERC Member States engage in multilateral dialogue on the topic of intersex rights.

As civil society co-chairs of the Equal Rights Coalition, LSVD is committed to advancing the rights and freedoms of intersex people worldwide, advocating for legal protections, reparations, and justice for these individuals alongside the other co-chairs, Fundacion Arcoiris (civil society) and the Governments of Mexico and Germany.

Summary by Doug A. Graffeo (they/them), ERC Officer 2022-2024 at LSVD.

The Equal Rights Coalition’s (ERC) Founding Principles include a commitment to strengthen and co-ordinate efforts to advance the human rights of LGBTI persons. This includes focusing on the human rights of and sustainable development for LGBTI persons through engagement with the SDGs.

Many of the SDGs are framed inclusively for “all people” and therefore include LGBTI persons. The Agenda 2030 commitment to “Leave No One Behind” means that LGBTI persons must not be left behind. Some member states have recognised this through their Voluntary National Review (VNR) reporting and commitments.

The Equal Rights Coalition expresses concern that global progress on sustainable development is reversing for the first time in decades. Many developing countries are still struggling to cope in the aftermath of COVID. Globally there remain many overlapping and protracted crises such as wars, international conflicts, civil wars, terrorism, climate change/disasters, humanitarian emergencies, continued shrinking of civic and democratic spaces which threatens lives and security of activists, and weakened state accountability mechanisms. The global cost of COVID and such crises means that needs are increasing ​​and resources are decreasing. In addition, the steady rise of well funded anti-rights movements and their influence in UN processes pose a threat to progress on the SDGs for ​​LGBTI persons. The global expectation of steady progress towards the SDGs is at risk.

The UNGA SDG Summit provides an opportunity to galvanise global action to get the 2030 Agenda back on track at this critical mid-way point to 2030 and deliver the SDGs​ for all people, particularly for those furthest behind.

​​In June 2023 the UN published the report:  ‘Progress towards the Sustainable Development Goals: Towards a Rescue Plan for People and Planet’. ​​​​ While the reports suggest progress against some of the SDG’s, many need much more progress, or show no movement or in fact regression following the pandemic. ​​​The ERC notes with dismay that the draft report does not explicitly acknowledge LGBTI persons.

The ERC endorses the UN Secretary General’s call for transformative action, but notes that plans for accelerated and sustained progress on the SDGs should work for all people and not leave LGBTI people further behind. Therefore, the ERC calls for:

1. Strengthened commitment to address the rights, needs and strengths of LGBTI people across all SDGs. LGBTI people are part of life and societies in all ways, and so all of the SDGs are relevant for LGBTI people. There is an urgent need to address LGBTI dimensions of gender inequality and for accelerated and sustained action to address the rights and needs of LGBTI people in an integrated way across the SDGs.
2. Member States to address the rights and needs of LGBTI people within their Voluntary National Review (VNR) and to formally include LGBTI civil society organisations in the VNR process.  VNRs will contribute to leaving no-one behind when they include LGBTI people and when LGBTI CSOs are enabled to respond to Member States’ VNR plans.
3. Active collaboration to extend LGBTI inclusion in the 2030 Agenda: There is a longstanding need for collaboration among G20 members and support for all developing countries to advance the SDGs for all people. By working together and with LGBTI civil society actors with a specific focus on promoting rights and inclusion of LGBTI persons, including through the ERC, Member States will ensure that no-one is left one behind.
4. Specific commitments to improve the lives of LGBTI persons: The framework for sustainable development needs to ensure an intersectional approach to all rights of LGBTI persons including efforts to eradicate poverty and gender-based and domestic violence, to reduce inequality, to guarantee access to essential services and to reduce the inequality disparity based on SOGIESC.
5. Recognize and respond to the specific needs of LGBTI persons in humanitarian crises and when forcibly displaced due to conflict, human rights violations and abuses, and environmental and climate crises and ensure access to tailored sustainable food, water and sanitation systems to meet their needs.

Equal Rights Coalition members who are co-signatories:

Argentina, Austria, Australia, Belgium, Canada, Chile, Cyprus, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Israel, Lithuania, Luxembourg, Malta, Mexico, Montenegro, Netherlands, North Macedonia, Norway, Portugal, Serbia, Slovenia, Sweden, United Kingdom, United States of America, Uruguay.

The Equal Rights Coalition (ERC) compliments the recent interim order by the Supreme Court of Nepal to recognise marriage equality by allowing same-sex couples to register their marriages. This de-facto recognition marks the first step to legally secure equal marriage rights for LGBTIQ+ couples in Nepal. This historical and essential progress contributes to building momentum for equality in the country.

We acknowledge the hard and arduous work of activists and lawyers who have been advocating to achieve de-facto recognition of their fundamental rights, and the continuous efforts by the Supreme Court to grant equal marital rights to the Nepalese LGBTIQ+ community regardless of their gender.

This order by the Supreme Court of Nepal marks an important milestone for the LGBTIQ+ community on the road to equality in Asia and we look forward to the final judgement. We also recognise the work that remains to be done by the Government of Nepal to translate these decisions into more inclusive legislation. We unite in support of LGBTIQ+ persons and will continue our engagement with Nepal to foster a world where all people can live and love in happiness, liberty and dignity.

“Armastus on vaba”: this means “Love is free” in Estonian.

Today, the Equal Rights Coalition applauds the decision of one of its member states, the Republic of Estonia, to recognize same-sex-marriages. This is a significant step to ensure equal rights for all.

Likewise, the Coalition welcomes Estonia’s decision to amend the Registered Partnership Act, granting all persons the same rights and obligations independent of their sexual orientation, gender identity, or expression.

We acknowledge the extensive work of activists and advocates who have not lost faith and continued to campaign for this change. However, we also recognize that the road does not end here as there is still more work to be done to ensure that all rights of all LGBTQI+ persons are respected.

Both decisions are important milestones for Estonia, but also for the Baltics and the Central and Eastern European Region.

Extending the rights to enter marriage or partnership to everyone shows true democratic statehood and is a vital step towards inclusion and equality in society.

Hosted by the Human Dignity Trust and the Equal Rights Coalition through the work of the International Diplomacy Group and the Decriminalisation Subgroup, this webinar explores how the UN Convention on the Elimination of All Forms of Discrimination against Women can and is being used to advance decriminalisation globally.

The Equal Rights Coalition expresses grave concerns about the Anti-Homosexuality Act 2023 which further criminalizes LGBTI persons in Uganda. The Anti-Homosexuality Act 2023 criminalizes same sex-relations with even broader and more draconian punishments for LGBTI conduct, including life imprisonment or death. In addition to criminalizing the “promotion of sexuality,” the law threatens LGBTI organizations engaged in human rights advocacy or engaged in health assistance programs, and criminalizes support to LGBTI organizations and those working on the human rights of LGBTI persons.

The Anti-Homosexuality Act 2014, which was nullified on procedural grounds by the Constitutional Court of Uganda, and closely mirrors the 2023 Act, has been extensively examined and condemned by human rights experts as discriminatory, violating the human rights of LGBTI persons and inciting hate and violence against LGBTI persons. As the UN High Commissioner for Human Rights noted, exclusion, stigmatization and discrimination of any group within a society is corrosive, is a root cause of violence, and has a negative impact on society as a whole.

The Equal Rights Coalition expresses grave concern about an uptick in violence against Ugandan LGBTI persons and calls on the Ugandan government to protect its citizens, no matter their sexual orientation or gender identity, from violence. There is no excuse for violence and discrimination, under any circumstance, against any group. That includes violence on the basis of actual or perceived sexual orientation, gender identity or gender expression.

The Anti-Homosexuality Act 2023 infringes on the human rights of all Ugandans, while gravely undermining the human rights of LGBTI persons in particular. More broadly, it contributes to a climate of fear and persecution which will also negatively impact on trade, public health, investment, tourism and development. It also risks undoing the important progress that Uganda has made on global challenges, such as the fight against HIV/AIDS.

The Equal Rights Coalition aligns itself with the statement by the UN High Commissioner for Human Rights. The Equal Rights Coalition expresses its support to civil society and local communities in Uganda and the wider region.

Equal Rights Coalition members who are co-signatories:

• Albania
• Austria
• Belgium
• Canada
• Chile
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Iceland
• Ireland
• Israel
• Italy
• Lithuania
• Luxembourg
• Malta
• Mexico
• Netherlands
• New Zealand
• North Macedonia
• Norway
• Portugal
• Slovenia
• Spain
• Sweden
• Switzerland
• United Kingdom
• Ukraine
• United States
• Uruguay

On the International Day against Homophobia, Biphobia and Transphobia (IDAHOBIT), the Equal Rights Coalition reaffirms its commitment to safeguarding, advancing, and advocating in favor of the rights and freedoms of lesbian, gay, bisexual, transgender, intersex, and queer (LGBTIQ) persons worldwide.

Since its foundation in 2016 at the Global LGBTI Human Rights Conference in Montevideo, the ERC has advanced the human rights of LGBTIQ persons and promoted inclusive development, in both member and non-member countries, by engaging with civil society organizations, multilateral agencies, and activists from all over the world.

Its current co-chairs, Mexico and Germany and their respective civil society counterparts, Fundación Arcoiris and LSVD, reaffirm their dedication to the mission of the Coalition to foster collaboration and dialogue among its multiple members and stakeholders with the aim to putting an end to the global and systemic patterns of violence, discrimination, and criminalization faced by LGBTIQ persons.

Such a commitment is especially important in times like these, when so many communities and individuals across the world are experiencing the consequences of increased vitriol and phobia directed towards them on the basis of their sexual orientation, their gender identity and expression, and their sex characteristics.

We see with concern the irruption of anti-rights movements around the world operating through various interconnected ways, such as the many legislative attempts to criminalize advocacy for equal rights, even risking the lives of LGBTIQ individuals in different jurisdictions, as well as those that aim to threaten access and availability of gender-affirming medical care and treatments.

We oppose the violence experienced by intersex individuals, especially children, who are subjected to harmful and medically unnecessary procedures and treatments in medical settings, often without their consent.

We acknowledge the multiple and intersecting forms of discrimination against LBTIQ women, and support the enactment of laws and policies to prevent gender-based violence, promote gender equality, and disaggregate data about LBTIQ violence while preventing, punishing and eradicating discrimination and violence against LBTIQ women.

We recognize that LGBTIQ persons also face multiple and differentiated forms of violence based on their gender, race, ethnicity, disability, age, religion, sex characteristics, and social class which leads to aggravated forms of discrimination, exclusion and violence in the public and private spheres and further affects the full guarantee of their rights.

We stand in support of all LGBTIQ persons, including transgender, non-binary, and gender-variant individuals worldwide, who find themselves facing increased victimization because of their mere existence, and experiencing extreme politicization of their rights and freedoms by their detractors.

As part of our commitment to advancing the rights and freedoms of LGBTIQ persons worldwide through dialogue, cooperation, and diplomacy, we as co-chairs of the Equal Rights Coalition will continue to mobilize this mechanism in support and defense of our human rights goals in close cooperation with our global stakeholders and civil society.

The Equal Rights Coalition (ERC) welcomes the Singaporean Government’s repeal of Section 377A of the Penal Code in Singapore, which criminalized consensual sex between men.

This decision is a historic step for the advancement of the human rights of LGBTIQ+ persons in Singapore. We recognize and applaud the work of LGBTIQ+ civil society in Singapore, and their lawyers, whose efforts have been instrumental in bringing about this change. We encourage the Government of Singapore to further improve the lives of LGBTIQ+ people, their families and loved ones, which will also contribute positively to Singapore’s business environment.

It is encouraging to see a growing global momentum towards decriminalization and we hope this pace of reform continues in the coming months. We encourage governments in the East Asian region that have not yet pursued decriminalization of consensual same-sex conduct to consider undertaking proactive legal reforms to repeal their own outdated legislation. As ERC member states, we commit to championing this reform globally because all humans are born free and equal in dignity and rights and deserve to be treated that way.

Statement by ERC co-chairs Germany and Mexico.