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1 Presentation at Blue Diamond Forum on Nepal's New Constitution and the Fundamental Rights of Minorities (Based on Sexual Orientation and Gender Identity) 1 (2008)

handle is hein.icj/presbdia0001 and id is 1 raw text is: Presentation at Blue Diamond forum on Nepal's new constitution and the fundamental rights of minorities (based on sexual orientation and gender identity) January 8-9, Kathmandu, Nepal The human rights claim for constitutional or legislative protections against discrimination based on sexual orientation and gender identity. 1. In this presentation, the ICJ will clarify the basis for protection against discrimination based on sexual orientation and gender identity in international human rights law and endorse efforts to ensure that these protections are included in constitutional reform processes. It is acknowledged that the right to privacy has been mainly responsible for the most celebrated successes in relation to sexual orientation and gender identity in human rights law. It is worth noting however, that in a single human rights violation, several rights may be engaged. Indeed, violations of the right to privacy are often an indicator of discrimination based on sexual orientation and gender identity. The focus on discrimination in this presentation should therefore not suggest a lack of importance of the right to privacy or any other rights, but instead, give prominence to this aspect of the human rights claim in relation to sexual orientation and gender identity, for this particular forum. The basis for sexual orientation as a prohibited category of discrimination in international law 2. The principle of non-discrimination is a cornerstone of international human rights law and it is embodied in the Charter of the United Nations1 the Universal Declaration of Human Rights2, the International Covenant on Civil and Political Rights3 and the Articles 1 (3) and 55 of the United Nations Charter. dedicated since 1952 to the primacy, coherence and implementation of international law and principles that advance human rights 2 Articles 2, 7 and 10 of the Universal Declaration of Human Rights 3 Articles 2, 3, 14, 25 and 26 of the International Covenant on Civil and Political Rights

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