Declaration of Montreal
Encyclopedia
The Declaration of Montreal on Lesbian, Gay, Bisexual, and Transgender Human Rights is a document adopted in Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
, Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, on July 29, 2006, by the International Conference on LGBT Human Rights which formed part of the first World Outgames
2006 World Outgames
The 1st World Outgames took place in Montreal, Quebec, Canada from July 26, 2006 to August 5, 2006. The international conference was held from July 26 to the 29. The sporting events were held from July 29 to August 5.-History:...
. The Declaration outlines a number of rights and freedoms pertaining to LGBT people
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
that it is proposed be universally guaranteed. It encompasses all aspects of human rights, from the guarantee of fundamental freedoms to the prevention of discrimination against LGBT people in healthcare, education and immigration. The Declaration also addresses various issues that impinge on the global promotion of LGBT rights. Intended as a starting point in listing the demands of the international LGBT movement
LGBT social movements
Lesbian, gay, bisexual, and transgender social movements share inter-related goals of social acceptance of sexual and gender minorities. Lesbian, gay, bisexual, and transgender people and their allies have a long history of campaigning for what is generally called LGBT rights, also called gay...
, it will ultimately be submitted to the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
.
Background
The Conference aimed to raise the international communityInternational community
The international community is a term used in international relations to refer to all peoples, cultures and governments of the world or to a group of them. The term is used to imply the existence of common duties and obligations between them...
's awareness of LGBT rights issues. It was held immediately prior to the Outgames themselves and attended by more than 1500 delegates from across the world, making it the largest LGBT rights conference ever held. A number of international experts took part including distinguished jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
s, academics, church leaders and human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
activists. The delegates unanimously approved the Declaration.
Among the keynote speakers to the Conference were:
- Louise ArbourLouise ArbourLouise Arbour, is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda...
- United Nations High Commissioner for Human Rights - Gene RobinsonGene RobinsonVicki Gene Robinson is the ninth bishop of the Diocese of New Hampshire in the Episcopal Church in the United States of America. Robinson was elected bishop in 2003 and entered office in March 2004...
- BishopBishopA bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
of the Diocese of New HampshireEpiscopal Diocese of New HampshireThe Episcopal Diocese of New Hampshire, a diocese of the Episcopal Church in the United States of America , covers the entire state of New Hampshire. It was originally part of the Diocese of Massachusetts, but became independent in 1841. The see city is Concord...
in the Episcopal Church in the United States of America - Claire L'Heureux-DubéClaire L'Heureux-DubéClaire L'Heureux-Dubé, served as a justice on the Supreme Court of Canada from 1987 to 2002. She was the first woman from Quebec and the second woman appointed to this position.- Personal history :...
- Former justiceJudgeA judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
on the Supreme Court of CanadaSupreme Court of CanadaThe Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... - Mark TewksburyMark TewksburyMark Tewksbury, MSM is a Canadian former swimmer. He is best known for winning the gold medal in the 100 metres backstroke at the 1992 Summer Olympics...
- Canadian swimmer and Olympic1992 Summer OlympicsThe 1992 Summer Olympic Games, officially known as the Games of the XXV Olympiad, were an international multi-sport event celebrated in Barcelona, Catalonia, Spain, in 1992. The International Olympic Committee voted in 1986 to separate the Summer and Winter Games, which had been held in the same...
gold medalGold medalA gold medal is typically the medal awarded for highest achievement in a non-military field. Its name derives from the use of at least a fraction of gold in form of plating or alloying in its manufacture...
ist - Irshad ManjiIrshad ManjiIrshad Manji is a Canadian author, journalist and an advocate of "reform and progressive" interpretation of Islam. Manji is director of the Moral Courage Project at the Robert F...
- Canadian authorAuthorAn author is broadly defined as "the person who originates or gives existence to anything" and that authorship determines responsibility for what is created. Narrowly defined, an author is the originator of any written work.-Legal significance:...
, journalistJournalistA journalist collects and distributes news and other information. A journalist's work is referred to as journalism.A reporter is a type of journalist who researchs, writes, and reports on information to be presented in mass media, including print media , electronic media , and digital media A...
, and activist - Georgina BeyerGeorgina BeyerGeorgina Beyer was the world's first openly transsexual mayor, as well as the world's first openly transsexual Member of Parliament, and from 27 November 1999 until 14 February 2007 was an MP for the Labour Party in New Zealand.-Early life:Georgina Bertrand was born and assigned male at birth, and...
- New ZealandNew ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
politician, the world's first openly transsexual Member of ParliamentMember of ParliamentA Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,... - Waheed AlliWaheed Alli, Baron AlliWaheed Alli, Baron Alli is a British multimillionaire media entrepreneur and politician. He was co-founder and managing director of Planet 24, a TV production company, and managing director at Carlton Television Productions...
- AsianAsian peopleAsian people or Asiatic people is a term with multiple meanings that refers to people who descend from a portion of Asia's population.- Central Asia :...
businessman and United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
life peerLife peerIn the United Kingdom, life peers are appointed members of the Peerage whose titles cannot be inherited. Nowadays life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as... - Martina Navratilova - Former World No. 1 tennisTennisTennis is a sport usually played between two players or between two teams of two players each . Each player uses a racket that is strung to strike a hollow rubber ball covered with felt over a net into the opponent's court. Tennis is an Olympic sport and is played at all levels of society at all...
player - Gérald TremblayGérald TremblayGérald Tremblay is a Canadian politician and businessman currently serving his third term as mayor of Montreal and as president of the Montreal Metropolitan Community...
- MayorMayorIn many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
of Montreal
The Declaration aims to address UN failings in consistently applying its Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
. A number of fundamental freedoms, including the right to life
Right to life
Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being...
, are violated in a number of member countries where homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
is criminalised. Homosexual acts are punishable by death in nine jurisdictions: Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
, Iran
Iran
Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
, Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
, Mauritania
Mauritania
Mauritania is a country in the Maghreb and West Africa. It is bordered by the Atlantic Ocean in the west, by Western Sahara in the north, by Algeria in the northeast, by Mali in the east and southeast, and by Senegal in the southwest...
, Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, Saudi Arabia
Saudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
, Sudan
Sudan
Sudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
and Yemen
Yemen
The Republic of Yemen , commonly known as Yemen , is a country located in the Middle East, occupying the southwestern to southern end of the Arabian Peninsula. It is bordered by Saudi Arabia to the north, the Red Sea to the west, and Oman to the east....
. They remain illegal in 72 countries, and are in many cases punishable by imprisonment or corporal punishment
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
.
Essential rights
The Convention identifies several areas in which action needs to be taken to uphold the essential rights of LGBTLGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
people: "A world world where LGBT rights are systematically violated, is a world where nobody can feel safe and free" referring to the principle of World Conference on Human Rights
World Conference on Human Rights
The World Conference on Human Rights was held by the United Nations in Vienna, Austria, on 14 to 25 June 1993. It was the first human rights conference held since the end of the Cold War...
held in Vienna
Vienna
Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre...
affirming that "All human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
are universal, indivisible, and interdependent and interrelated."
Protection against state and private violence
The declaration calls for an end to the death penalty and all violence against LGBT peopleViolence against gays, lesbians, bisexuals, and the transgendered
Persecution of homosexuals may occur either via legislation prohibiting homosexual acts, or by ad hoc intimidation, mobbing, assault or lynching motivated by homophobia ....
whether state condoned or by private parties. States are required to take steps to protect LGBT people from all hate crimes. Forced marriages to persons of the opposite sex are identified as particular human rights violations to be combated. Finally, violence against intersexuals, in particular unnecessary surgery to force conformity to rigid models of sexual characteristics, is condemned as well as genital surgery to them unless they are old enough to understand it and consent to it. This gave influence to Principle 18 (protection from medical abuse) of The Yogyakarta Principles.
Freedom of expression, assembly and association
Laws which discriminate against LGBT people, such as bans of pride marchesGay pride
LGBT pride or gay pride is the concept that lesbian, gay, bisexual, and transgender people should be proud of their sexual orientation and gender identity...
, LGBT journalism and registration of non-governmental organisations, are identified as a major stumbling blocks in campaigning for LGBT rights issues. The world community is therefore called upon to guarantee such rights and prevent their being denied by hostile public authorities.
In addition, the international community is asked to take positive steps in promoting such rights. To this end, the Declaration calls for international development aid
Development aid
Development aid or development cooperation is aid given by governments and other agencies to support the economic, environmental, social and political development of developing countries.It is distinguished...
packages to be conditional on improvements in respecting human rights, including those of LGBT people. Financial aid is sought for groups campaigning for LGBT rights in areas where such people still fear for their lives or personal safety.
Freedom to engage in consensual same-sex sexual activity
The repeal of all laws preventing consensual same-sex activity is called for.Freedom from discrimination
LGBT people face discriminationDiscrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
in many aspects of their lives. Governments are called upon to take positive actions to promote LGBT rights to freedom from discrimination in the following areas:
Asylum and immigration rights
The United Nations High Commissioner for RefugeesUnited Nations High Commissioner for Refugees
The Office of the United Nations High Commissioner for Refugees , also known as The UN Refugee Agency is a United Nations agency mandated to protect and support refugees at the request of a government or the UN itself and assists in their voluntary repatriation, local integration or resettlement to...
recognises a right to asylum for those fleeing persecution based on sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
or gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
. All countries are called upon to do the same. In addition, rights of residence for foreign partners are demanded to be free from discrimination against LGBT people.
Family rights
Families are stated to be the most important part of many people's lives. The Declaration requires marriages to be opened up to same-sex couplesSame-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
, all unmarried couples to have similar partnership rights and ensuring equal access for all to every option for parenthood, including adoptions by LGBT people.
Education healthcare, media and employment
In education, classes on LGBT human rights are sought and schools are required to take action against homophobicHomophobia
Homophobia is a term used to refer to a range of negative attitudes and feelings towards lesbian, gay and in some cases bisexual, transgender people and behavior, although these are usually covered under other terms such as biphobia and transphobia. Definitions refer to irrational fear, with the...
bullying. The media are called upon to assist in breaking down stereotypes
LGBT stereotypes
Stereotypes about lesbian, gay, bisexual, and transgender people are conventional, formulaic generalizations, opinions, or images about persons based on their sexual orientation or gender identity. Stereotypes and homophobia are a learned outlook, i.e...
and to portray LGBT people in a realistic manner. The necessity of access to health care
Health care
Health care is the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in humans. Health care is delivered by practitioners in medicine, chiropractic, dentistry, nursing, pharmacy, allied health, and other care providers...
in general and for the specific needs of LGBT people is stressed. In particular funding for sex reassignment surgery
Sex reassignment surgery
Sex reassignment surgery is a term for the surgical procedures by which a person's physical appearance and function of their existing sexual characteristics are altered to resemble...
is expected to be provided to the same extent that it is for other medically necessary treatments. Finally, religious groups are encouraged to be tolerant towards LGBT people.
Employment
The Declaration calls for the development of programmes to promote fair chances in employment and business for LGBT people in order for their economic independence and self-esteemSelf-esteem
Self-esteem is a term in psychology to reflect a person's overall evaluation or appraisal of his or her own worth. Self-esteem encompasses beliefs and emotions such as triumph, despair, pride and shame: some would distinguish how 'the self-concept is what we think about the self; self-esteem, the...
to be insured. Governments are asked to lead by example in eliminating such discrimination and in promoting the equality and safety of LGBT people in public sector
Public sector
The public sector, sometimes referred to as the state sector, is a part of the state that deals with either the production, delivery and allocation of goods and services by and for the government or its citizens, whether national, regional or local/municipal.Examples of public sector activity range...
workplaces.
Global issues in promoting LGBT rights
In order to promote LGBT rights globally, the Declaration requires the international community to engage in a worldwide information campaign and calls upon like-minded NGOs and governments to assist in preparing and running such a campaign. Part of this campaign would be to provide education about the prevention and treatment of HIVHIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
and AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
among LGBT people and governments are generally encouraged to include LGBT people in their fight against HIV and AIDS.
The failure of the United Nations to recognise LGBT rights as human rights is condemned. It is requested that the new UN Human Rights Council adopt LGBT rights as part of its agenda and that the International Gay and Lesbian Association and other LGBT rights organisations be amongst the NGOs that are able to consult with the Council.
Implementation
The Montreal boroughMontreal borough
The city of Montreal is divided into 19 boroughs , each with a mayor and council.- Powers :The borough council is responsible for:*Fire prevention*Removal of household waste and residual materials*Funding of community...
of Ville-Marie was the first elected body in the world to officially adopt the Declaration in on August 1, 2006, whilst the New Democratic Party
New Democratic Party
The New Democratic Party , commonly referred to as the NDP, is a federal social-democratic political party in Canada. The interim leader of the NDP is Nycole Turmel who was appointed to the position due to the illness of Jack Layton, who died on August 22, 2011. The provincial wings of the NDP in...
became the first political party to do so, by a unanimous vote of its federal convention on September 10, 2006. Accordingly, the NDP's critic for LGBT rights, Bill Siksay
Bill Siksay
William Livingstone Siksay, former MP is a Canadian politician, and was the Member of Parliament who represented the British Columbia riding of Burnaby—Douglas for the New Democratic Party from 2004 to 2011.Receiving his high school diploma from McLaughlin Collegiate and Vocational Institute in...
, presented a motion in the Canadian House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
calling on the Canadian government to abide by the Declaration on September 20, 2006.
The Declaration has also been adopted by the City Councils
City council
A city council or town council is the legislative body that governs a city, town, municipality or local government area.-Australia & NZ:Because of the differences in legislation between the States, the exact definition of a City Council varies...
of:
- Montreal, CanadaMontrealMontreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
- Brighton, United KingdomBrightonBrighton is the major part of the city of Brighton and Hove in East Sussex, England on the south coast of Great Britain...
- Barcelona, SpainBarcelonaBarcelona is the second largest city in Spain after Madrid, and the capital of Catalonia, with a population of 1,621,537 within its administrative limits on a land area of...
- San Francisco, United States
- Denver, United States
- Sydney, AustraliaSydneySydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
See also
- LGBT rights
- LGBT social movementsLGBT social movementsLesbian, gay, bisexual, and transgender social movements share inter-related goals of social acceptance of sexual and gender minorities. Lesbian, gay, bisexual, and transgender people and their allies have a long history of campaigning for what is generally called LGBT rights, also called gay...
- Homosexuality laws of the worldHomosexuality laws of the worldLaws affecting lesbian, gay, bisexual, and transgender people vary greatly by country or territory—everything from legal recognition of same-sex marriage or other types of partnerships, to the death penalty as punishment for same-sex sexual activity or identity.LGBT-related laws include but...
- Violence against LGBT people
- Hate crimeHate crimeIn crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...
- Same-sex marriageSame-sex marriageSame-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
- LGBT adoption
- Legal aspects of transsexualismLegal aspects of transsexualismTranssexual people are those who establish a permanent identity with the gender opposite to the gender identified at birth. As most legal jurisdictions have at least some recognition of the two traditional genders at the exclusion of other categories, this raises many legal issues and aspects of...
- The Yogyakarta Principles