Joint Declaration on Ending Discrimination on Marriage Equality and call on European Member States to Act Urgently to End Violence and Discrimination Against Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Adults, Adolescents and Children.



  • All people, Europeans and citizens of member states,

    have an equal right to live free from violence, persecution, discrimination and stigma. International human rights law establishes legal obligations on States to ensure that every person, without distinction, can enjoy these rights. While welcoming increasing efforts in many countries to protect the rights of LGBTI people, we remain seriously concerned that around the world, millions of LGBTI individuals, those perceived as LGBTI and their families face widespread human rights violations. This is cause for alarm – and action. Failure to uphold the human rights of LGBTI people and protect them against abuses such as violence and discriminatory laws and practices, constitute serious violations of international human rights law and have a far-reaching impact on society – contributing to increased vulnerability to ill health including HIV infection, social and economic exclusion, putting strain on families and communities, and impacting negatively on economic growth, decent work and progress towards achievement of the future Sustainable Development Goals of the World Assembly and the European Union. States bear the primary duty under international law to protect everyone from discrimination and violence. These violations therefore require an urgent response by governments, parliaments, judiciaries and national human rights institutions. Community, religious and political leaders, workers’ organizations, the private sector, health providers, civil society organizations and the media also have important roles to play. Human rights are universal – cultural, religious and moral practices and beliefs and social attitudes cannot be invoked to justify human rights violations against any group, including LGBTI persons.

    The European Union and others have documented widespread physical and psychological violence against LGBTI persons in all regions - including murder, assault, kidnapping, rape, sexual violence, as well as torture and ill-treatment in institutional and other setting. LGBTI youth and lesbian, bisexual and transgender women are at particular risk of physical, psychological and sexual violence in family and community settings. LGBTI persons often face violence and discrimination when seeking refuge from persecution and in humanitarian emergencies. They may also face abuse in medical settings, including unethical and harmful so-called “therapies” to change sexual orientation, forced or coercive sterilization, forced genital and anal examinations, and unnecessary surgery and treatment on intersex children without their consent. In many countries, the response to these violations is inadequate, they are underreported and often not properly investigated and prosecuted, leading to widespread impunity and lack of justice, remedies and support for victims. Human rights defenders combatting these violations are frequently persecuted and face discriminatory restrictions on their activities.

    In 76 countries, laws still criminalize consensual same-sex relationships between adults, exposing individuals to the risk of arbitrary arrest, prosecution, imprisonment – even the death penalty, in at least five countries. Laws criminalizing cross-dressing are used to arrest and punish transgender people. Other laws are used to harass, detain, discriminate or place restrictions on the freedom of expression, association and peaceful assembly of lesbian, gay, bisexual and transgender people. These discriminatory laws contribute to perpetuating stigma and discrimination, as well as hate crime, police abuse, torture and ill-treatment, family and community violence, and negatively affect public health by impeding access to health and HIV services.

    LGBTI people face widespread discrimination and exclusion in all contexts - including multiple forms of discrimination based on other factors such as sex, race, ethnicity, age, religion, poverty, migration, disability and health status. Children face bullying, discrimination or expulsion from schools on the basis of their actual or perceived sexual orientation or gender identity, or that of their parents. LGBTI youth rejected by their families experience disproportionate levels of suicide, homelessness and food insecurity. Discrimination and violence contribute to the marginalization of LGBTI people and their vulnerability to ill health including HIV infection, yet they face denial of care, discriminatory attitudes and pathologization in medical and other settings. Transgender people are frequently denied legal recognition of their preferred gender or face abusive requirements such as forced sterilization, treatment or divorce to obtain it, without which they suffer exclusion and marginalization. The exclusion of LGBTI people from the design, implementation and monitoring of laws and policies that affect them perpetuates their social and economic marginalization.

    Our countries stand ready to support and assist Member States and other stakeholders as they work to address the challenges outlined in this statement including through constitutional, legislative and policy changes, strengthening of national institutions, and education, training and other initiatives to respect, protect, promote and fulfil the human rights of all LGBTI people.

    We call:

    States should protect LGBTI persons from violence, torture and ill-treatment, including by:

     • Investigating, prosecuting and providing remedy for acts of violence, torture and ill-treatment against LGBTI adults, adolescents and children, and those who defend their human rights;

    • Strengthening efforts to prevent, monitor and report such violence;

     • Incorporating homophobia and transphobia as aggravating factors in laws against hate crime and hate speech;

    • Recognizing that persecution of people because they are (or are perceived to be) LGBTI may constitute a valid ground for asylum, and not returning such refugees to a place where their life or freedom might be threatened.

    States should respect international human rights standards, including by reviewing, repealing and establishing a moratorium on the application of:

    • Laws that criminalize same-sex conduct between consenting adults;

    • Laws that criminalize transgender people on the basis of their gender expression;

    • Other laws used to arrest, punish or discriminate against people on the basis of their sexual orientation, gender identity or gender expression.

    States should uphold international human rights standards on non-discrimination, including by:

    • Prohibiting discrimination against LGBTI adults, adolescents and children in all contexts – including in education, employment, healthcare, housing, social protection, criminal justice and in asylum and detention settings;

     • Ensuring legal recognition of the gender identity of transgender people without abusive requirements;

    • Combating prejudice against LGBTI people through dialogue, public education and training;

    • Ensuring that LGBTI people are consulted and participate in the design, implementation and monitoring of laws, policies and programmes that affect them, including development and humanitarian initiatives.

    Believing that an overwhelming majority of the Europeans of all major contries support marriage equality. We have never had so much support for achieving this important step towards every European having the same opportunities as their neighbours. If all members states were able to vote freely in ther institutions according to their conscience and the proven wishes of a clear majority of Europeans, we would be able to finally celebrate our country achieving this historic reform for Europe.

     

    We make this call not only on behalf of LGBTI communities and their families, but to ensure future generations of LGBTI Europeans can grow up knowing they are equal to their friends, family, colleagues and all others under the law.

    By working together, our European countries can fix this inequality. Therefore, we call on the leaders of all the countries parties, organizations, civil society and state institutions to meet and to determine a way forward that will deliver marriage equality through a vote as soon as possible in line with the wishes of the people; and, publicly affirm that gay rights are human rights, and human rights are gay rights.

    We, therefore, the Queen of Montenbourg, and the President of Omnibus, in joint agreement,assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of Europe, solemnly publish and declare, That LGBTI Rights are Human Rights, with no exception all equal to the law as part of our human condition. And for the support of this Joint Statement, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our commitment, our intentions and our noble hearts to the defense and protection of Human Rights.

     

    Signed on the 4th of March of the year 2018,

    Grace II                                                                               Shane Raimi,

    Queen of Montenbourg                                                       President of Omnibus                     


  • Admin

    ((OOC: Please, if we're going to use real legislation and joint statements as templates, that's fine. However, make sure you do research. Our EU doesn't have 76 nations RP-ing in it right now. Nor do we have documented violence against LGBTI persons as fully established. I would really advise you to revise this to fit our history. Remember, our European Union does NOT exist with other continents. You can't bring in things wholesale from our current world into this without checking to see if it's applicable first))



  • @the-united-kingdom said:

    ((OOC: Please, if we're going to use real legislation and joint statements as templates, that's fine. However, make sure you do research. Our EU doesn't have 76 nations RP-ing in it right now. Nor do we have documented violence against LGBTI persons as fully established. I would really advise you to revise this to fit our history. Remember, our European Union does NOT exist with other continents. You can't bring in things wholesale from our current world into this without checking to see if it's applicable first))

     ((OOC: When the statement says 76 nations RP-ing (Nation States as a world reference)  in it right now. Our country have documented violence against LGBTI persons. I understand I will check.))


  • Admin

    ((OOC: Please just remember that the RP Forums of the European Union are not connected to NationStates in that way. Your country may have documented violence against LGBTI persons, but you can't just assume/make it that all countries have that same documentation or have those issues. It's an area where you have to discuss with the roleplayers before you throw that out there. Also, just from a plagiarism point of view, you  have to make sure that you change these things appropriately. I encourage you to join our Discord chat so that our old crew of role players can help you as you continue to contribute to our RP.))


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