The Holy See
appreciates the attempts made in the Declaration on human rights, sexual
orientation and gender identity –presented at the UN General Assembly on 18
December 2008- to condemn all forms of violence against homosexual persons as
well as urge States to take necessary measures to put an end to all criminal
penalties against them.
At the same time, the Holy See notes that the wording of this Declaration goes
well beyond the abovementioned and shared intent.
In particular, the categories ‘sexual orientation’ and ‘gender identity’, used
in the text, find no recognition or clear and agreed definition in international
law. If they had to be taken into consideration in the proclaiming and
implementing of fundamental rights, these would create serious uncertainty in
the law as well as undermine the ability of States to enter into and enforce new
and existing human rights conventions and standards.
Despite the Declaration’s rightful condemnation of and protection from all forms
of violence against homosexual persons, the document, when considered in its
entirety, goes beyond this goal and instead gives rise to uncertainty in the law
and challenges existing human rights norms.
The Holy See continues to advocate that every sign of unjust discrimination
towards homosexual persons should be avoided and urges States to do away with
criminal penalties against them.
