Sexual tendency towards another person is called sexual orientation. Sexual orientation could be to the opposite sex, the same sex, or both. No one shall be discriminated against on the basis of sexual orientation. Under the international human rights framework, sexual orientation is an integral concept of sex; a state is obliged to respect, protect, and fulfill any rights enjoyed by people without distinction of any sex and sexual orientation. However, in some countries, cultural, societal, and institutional discrimination based upon sexual orientation remains ubiquitous. Of these, sexual orientation is often the root of verbal and physical violence. Sexual orientation may constitute the cause of criminal charges, torture, or ill-treatment, forcing people of non-traditional sexual orientation to seek asylum and deprive them of the right to return home. Some extreme cases also show the practice of conversion therapy intending to “cure” sexual orientation. Law and policy distinguishing between individuals on the basis of sexual orientation could adversely label their identity and further exacerbate the conundrum facing them.
2009 ECOSOC Resolution on UNAIDS
“Welcomes the promulgation of the UNAIDS Action Framework: Universal Access for Men Who Have Sex with Men and Transgender People, and the follow-up action that is already under way, and calls on the Joint Programme and other partners to support further action and strengthen partnerships to address the political, social, legal and economic barriers to universal access, as part of the agreed Unified Budget and Workplan priorities.” (paragraph 20)
2022 Report of the Independent Expert on SOGI: Practices of Exclusion
“In Myanmar, United Nations investigators concluded that transgender people of Rohingya ethnicity were targeted by authorities with sexual violence, reportedly because of their gender and sexual orientation, and that the sexual violence against trans persons amounted to crimes against humanity of torture, rape, other inhumane acts and persecution as part of the widespread and systematic attack against the Rohingya civilian population.” (paragraph 29)
“Anti-gender narratives create significant risk for the furtherance of the rights of women and can foster violence and discrimination based on sexual orientation and gender identity.” (paragraph 41)
“Gender identity and gender expression provide actual or perceived links to sexual orientation that are often at the origin of stigma and violence, a conclusion which many United Nations and regional human rights mechanisms have also reached.” (paragraph 50)