RIGHTS RELATING TO SEXUAL DIVERSITY AND GENDER IDENTITY
The development of LGTB (Lesbian, Gay, Transsexual and Bisexual) rights in the international system of human rights is fundamental for achieving the effective protection of this collective. The collective claims the necessity of the legal and social recognition of LGTB dignity - both individual and collective - and the elimination of legislations that restrict LGTB rights.
The protection and guarantee of the human rights of the LGTB collective are also an objective of the UDEHR. The issues of sexual orientation and gender identity are considered in the Declaration of Emerging Human Rights in the following way:
The principle of gender. This integrates a dimension of gender that seeks to position the rights of women and recognises these rights both from a perspective of positive discrimination and from their necessary mainstreaming in the whole framework of this Declaration of rights. Moreover, it demands the recognition of sexual diversity and the dimension of gender from the perspective of masculinity.
Title I. The right to egalitarian democracy
Article 4
The right to a full and effective equality of rights. All human beings and every community have the right to a full and effective equality of rights.
This fundamental human right comprises the following rights:
1. The right to equality of opportunities, which recognises the rights contained in this Declaration without any type of discrimination by reason of race, ethnic group, colour, gender or sexual orientation, genetic characteristics, language, religion, political opinions or those of any other nature, national or social origin, the circumstance of belonging to a minority, fortune, birth, disability, age or any other condition.
For the achievement of equality, consideration shall be given to the existence and overcoming of the de facto inequalities that diminish it, and to the importance of identifying and satisfying the particular needs of human groups and communities, derived from their condition or situation, as long as this does not result in discriminations against other human groups.
Title III. The right to parity democracy
Article 6
The right to parity democracy. Women and men have the right to parity democracy.
This fundamental human right comprises the following rights:
1. The right to equality, which means that the women in all societies without exception, have the right to equality of legal, political, economic, social, labour-related and cultural status with respect to men. The principle of equality favours the adoption of preferential means of protection in favour of women at the local, national and international levels.
2. The right to personal self-determination and sexual diversity and autonomy, which recognises the right of all individuals to exercise their freedom and sexual orientation, as well as to adopt children, without discrimination.
5. The right to reproductive health, which recognises the sexual and reproductive rights of all individuals and the right of men and women to the protection of paternity and maternity, including the one existing outside of marriage. All women have the right to access quality reproductive, gynaecological and obstetric health services, and to the enjoyment of full sexuality.
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