After a break due to the Corona pandemic, the United Nations Human Rights Council (UNHCR) has resumed its work. At the 44th session of the UNHCR, which was scheduled for today, a coalition of 187 queer human rights organisations presented a joint declaration describing the effects of COVID-19 on the queer community worldwide.

The spread of the Corona virus SARS-CoV-2 is a global emergency with far-reaching social, economic and environmental implications for all. But the pandemic has exposed and exacerbated discrimination, violence and other human rights violations based on SOGIESC (sexual orientation, gender identity or expression and gender characteristics) in a particular way. There is evidence that both government measures in the provision of health services or the implementation of curfews and measures to mitigate the economic consequences have had, or are having, sometimes disproportionate and discriminatory effects on marginalised groups, including LGBTIQ*s (we have reported).

In order to sensitise the United Nations Human Rights Council (UNHCR) to the consequences of the COVID-19 pandemic for the human rights of LGBTIQ*s, 187 global queer organisations have formed a coalition and signed a joint declaration.

The declaration, drafted by ILGA World, the International Society for Human Rights (ISHR), COC Nederland, OutRight Action International, the Swedish Federation for Lesbian, Gay, Bisexual, Transgender, Queer and Intersex Rights (RFSL), GATE and ARC International, was submitted to the United Nations Human Rights Council (UNHRC) in the run-up to its 44th session. This was due to start today, but was postponed. A new date will be announced shortly.

Relevant core areas for queers

The statement “The impacts of COVID-19 outbreak on LGBTI persons’ human rights” first identifies five core areas that have proven to be relevant to LGBTIQ*s around the world during the crisis. These are:

1.) Right to health

States must ensure access to health care and services for every person, including sexual and reproductive health, without discrimination.

2.) Increase in stigma and discrimination, branding LGBTIQ* persons as scapegoats

In implementing emergency measures, states should comply with international human rights laws and standards and meet the requirements of legality, necessity, proportionality and non-discrimination, including on the basis of SOGIESC. In return, states must refrain from targeting specific individuals or groups or taking measures that reduce existing rights to protect LGBTIQ* individuals. Hate speech aimed at linking the outbreak to the LGBTIQ* community must be fought.

3.) Access to housing, water and sanitation

States have a responsibility to ensure inclusive housing for all persons, regardless of SOGIESC, and to implement measures to enable LGBTIQ* persons to report violence and discrimination experienced in a private context, including in homes and shelters.

4.) Right to work and impact on livelihood

States should ensure that emergency measures to address the socio-economic impact of the pandemic and rehabilitation plans for LGBTIQ* persons – especially transsexual, elderly and homeless LGBTIQ* persons – are inclusive.

5 ) Restrictions on the civil space

It is essential that governments and multilateral institutions maintain transparency despite the crisis, fulfil their obligations, do not sideline genuine participation of civil society and ensure access to national, regional and international systems of accountability. States and interest groups should implement lines of action designed to maintain the engagement of civil society and human rights defenders in UN bodies and mechanisms and to ensure their continuity.

Recommendations for action by states

It is recognised that measures to combat the COVID-19 pandemic are urgent and necessary, but states must ensure compliance with international human rights obligations and take into account the vulnerability of certain groups, including LGBTIQ* persons.

To achieve this, the authors of the declaration have formulated concrete recommendations for action for states and stakeholders in each of the above-mentioned areas, while stressing that the design, implementation and evaluation of state responses to the crisis should be carried out in consultation with civil society. It should be ensured that

“this public health emergency neither aggravates existing misunderstandings, prejudices, inequalities or structural barriers nor leads to increased violence and discrimination against persons of different sexual orientation, gender identity, language or gender characteristics”.

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