Intervention at the United Nations Human Rights Commission – 60 th Session, Geneva , Switzerland

Integration of the Human Rights of Women and the Gender Perspective Violence Against Women

Presented by Wendy Isaack of the Lesbian and Gay Equality Project, Johannesburg , South Africa representing MADRE.

Distinguished members of the Human Rights Commission,

No woman can determine the direction of her own life without the ability to determine her sexuality. Sexuality is an integral, deeply ingrained part of every human being’s life and should not be subject to debate or coercion. Anyone who is truly committed to human rights must recognise that every woman has the right to determine her sexuality free of discrimination.

We would like to bring your attention the issue of hate crimes generally, and sexual violence specifically, against lesbians and the importance of addressing these gross human rights violations within the context of violence against women. In many countries, including my own, lesbians are subjected to violence including rape in the belief that it will “cure” them of their sexual orientation. It is important to stress that patriarchal societies in the north as well as in the south, have always aimed to define and dominate female sexuality and self-determination. Women who live a self-determined sexuality challenge this men-centred system. In this respect violence against lesbians is clearly linked to violence against women in general and to a world-wide patriarchal attitude.

Every day, in countries around the world, lesbians suffer violence, harassment and discrimination because of their sexual orientation. As lesbians we face violence at home, in schools, communities, social spaces and in the streets. For many of us this violence has become a way of life. It hurts our bodies, our minds and our families. This violence hurts because it is kept invisible and worse still vigorously defended in the name of culture and religion. Our basic human rights such as the right to life, to bodily integrity, right to freedom and security of the person, freedom of association and expression are violated. As the Special Rapporteur on Violence Against Women has noted, women living non-heterosexual lives suffer disproportionately from the intersection of several forms of prejudice and resultant discrimination. The human rights of lesbians and heterosexual women are linked in substantive ways. Both issues challenge how human rights distinctions between the private and the public and reluctance to address female sexuality have perpetuated violations of women and kept them invisible. Further, the defence of lesbian rights is integral to the defence of all women’s rights to determine their own sexuality, to work at jobs they prefer, and to live as they choose with other women, men, children or alone. Without the proper protection of personal freedom, human dignity is substantially diminished. To deny women, whether black or white, homosexual or heterosexual, their personal freedom and security, their right to have control over and make decisions about their bodies and sexuality is to deny them their inherent right to human dignity.

Violence against women in general and rape in particular are increasingly recognised as violations of the human rights of women and there exists State responsibility to ensure the protection of women and by so doing to ensure these rights as an aspect of international human rights law.

CEDAW deals specifically with the problem of violence against women in the family, in the community and by the State. States are required to use “due diligence” to prevent, prosecute and punish perpetrators who commit acts of violence against women. They are further required to sensitise their criminal justice systems, provide support services for victims and to collect data on violence against women.

We urge all countries and the United Nations to recognise and remedy these gross human rights violations against women on the basis of their real or perceived sexual orientation and gender identity.