1: Brazilian International Legal Rationale for Action against Homophobia and Transphobia

Caderno SECAD 4 highlights that “it is important to note that the rights of women [in Brazil] represent a high degree of consolidation, supported in international instruments of human rights and in ordinary Brazilian legislation, strengthened by the constitution of 1988. The same is not true for the rights of gays, lesbians, transsexuals, transgender people, or bisexuals. Religious fundamentalism and the rejection of homosexuality by some religions (as these groups exert political pressure with international governments and organizations) have been the principal barriers to international regulation of the rights of women and LGBT [110]." The human rights framework underlies most all of the cited international agreements, including:

• Declaration on Protection and Promotion of Human Rights [111]—Brazil introduced this resolution in 2003 to the UN Economic and Social Council’s Commission on Human Rights to recognize diversity of sexual orientation as a human right. The resolution failed, but should it have passed, it would have been the first resolution to protect against human rights violations on the basis of sexual orientation and gender identity.
• Meeting of the High Authorities on Human Rights of MERCOSUL and Associated Countries (2006) [112]. Countries at the meeting approved the addition of sexual orientation and gender identity to the “rights agenda the region’s countries.” It is noted that this agreement helps to facilitate the discussion of LGBT rights as human rights in the UN context since international agreement now exists.
• Statement on Human Rights, Sexual Orientation, and Gender Identity, (2008) [113] read in the United Nations General Assembly. Brazil continued to fight for the introduction of LGBT rights at the UN level, and in December 2008 successfully co-signed a statement, introduced by the French delegation to the United Nations with over sixty delegations supporting as signatories that established sexual orientation and gender identity expression and behavior as human rights, and denounced human rights violations committed on the basis of sexual orientation or gender identity.
• Resolution AG/RES.2435 (XXXVIII-O/08) titled “Human Rights, Sexual Orientation, and Gender Identity” passed by the General Assembly of the Organization of American States [114]. The Brazilian delegation to the Organization of American States introduced this resolution which condemns violations of human rights on the basis of sexual orientation and gender identity and urges states to protect defenders of people whose human rights are violated on the basis of sexual orientation and gender identity and requests a budget line item to be procured within the OAS to monitor the implementation of this resolution within member states.
• Mexico City Ministerial Declaration: Preventing through Education (2008), the result of the 1st Meeting of the Ministers of Health and Education to Stop HIV and STIs in Latin America and the Caribbean. Brazil, along with all sovereign states in the Latin American and Caribbean region signed on to the document which commits Ministers to implementing;

“comprehensive sexuality education [which] will have a broad perspective that is based on human rights and respects the values of a democratic, pluralistic society where families and communities thrive. It will include ethical, biological, emotional, social, cultural, and gender aspects as well as topics related to the diversity of sexual orientations and identities, in accordance with the legal framework of each country, to promote respect for differences reject any form of discrimination, and foster responsible and informed decision-making among youth regarding their sexual debut.”

110. Genero e Diversidade Sexual na Escola: reconhecer diferencas e superar preconceitos,” Cadernos da Secretaria de Educacao Continuada, Alfabetizacao e Diversidade [numero] 4. Ministry of Education. Brasilia, DF. May 2007 p. 20

111. http://daccess-dds-ny.un.org/doc/UNDOC/LTD/G03/138/18/PDF/G0313818.pdf?OpenElement. Accessed on December 8, 2009.

112. Genero e Diversidade Sexual na Escola: reconhecer diferencas e superar preconceitos,” Cadernos da Secretaria de Educacao Continuada, Alfabetizacao e Diversidade [numero] 4. Ministry of Education. Brasilia, DF. May 2007 p. 21

113. http://www.droitslgbt2008.fr/documents/?mode=download&id=2. Accessed on December 8, 2009.

114. http://scm.oas.org/doc_public/ENGLISH/HIST_09/CP22425E11.doc. Accessed on December 8, 2009.