Advancing Equality: A Convention on the Rights of LGBTI Persons

Abstract

Over the past decade, notable progress has been made in advancing the rights of LGBTI individuals, with many states implementing monumental equality and anti-discrimination laws, including protections for transgender persons. These developments reflect a broader trend toward inclusion, largely driven by sustained advocacy at both national and international levels. Despite these achievements, significant regional disparities persist, and rising opposition in some areas underscores the fragility of these gains. The continued existence of state-sponsored homophobia and gaps in international legal protections indicate that progress is neither universal nor inevitable. As such, there is an urgent need for the UN to strengthen its efforts in clearly defining and enforcing the rights of LGBTI persons under international law. This paper explores the current basis for LGBTI rights in international human rights law, including the gaps in that basis. Subsequently, this paper examines instances of criminalization and discrimination, with a case study regarding the right to health, to explore the harms caused by these gaps. Ultimately, this paper explores a Convention on the Rights of LGBTI persons as an example of a potential model to advance discourse on broader protections for the community in international human rights law.