Laws in Pride Month Part 2: The Yogyakarta Principles on the Use of International Human Rights Law Concerning Sexual Orientation and Gender Identity

The "Yogyakarta Principles" are a set of guidelines that pertain to the use of international human rights law in relation to sexual orientation and gender identity. These principles were unanimously endorsed by a meeting of legal experts and human rights specialists in 2006 in Yogyakarta, Indonesia. One of the signatories of these principles was Professor Vittit Muntarbhorn, an esteemed international human rights expert and professor of law.

The "Yogyakarta Principles" were created in response to the ongoing issue of violence, discrimination, and exclusion faced by individuals from sexual minorities, despite many countries committing to upholding human rights principles and protecting the rights of people with diverse sexual orientations. These individuals often live in fear due to the lack of rights protection and stigmatization they face. Even non-violent acts can cause them to feel ashamed and hide their identities and sexual orientations to avoid discrimination. For example, transgender individuals may be forced to dress according to their assigned sex at birth, and mandatory blood tests based on prejudices about sexual orientations are also common.

Due to the lack of clear guidelines for implementing human rights principles in national laws, many countries still have discriminatory laws regarding gender. The meeting developed concrete implementation measures to create legal provisions and other measures for the protection of sexual minorities' rights, such as enacting laws for equality, training relevant officials, allocating appropriate resources to promote awareness of the rights of sexual minorities, and ensuring the protection and redress of their rights violations.

The "Yogyakarta Principles" comprise of 29 principles that address the rights of individuals with diverse sexual orientations and gender identities. These principles include the right to equal enjoyment of human rights, protection from discrimination, legal recognition, freedom from arbitrary detention, and humane treatment while in detention. It is the responsibility of the state to monitor and prevent violations of these rights.

In short, the core of the Yogyakarta Principles can be summarized as: "Recognizing and respecting the dignity of individuals with diverse sexual orientations and gender identities, ensuring they are not segregated, discriminated against, or subjected to violence in any form, and supporting the legal recognition of their rights to safety, expression, economic and cultural rights, and the right to form families."

The "Yogyakarta Principles Plus 10" (YP+10) were adopted in November 2017, expanding upon the original principles to include individuals with diverse sexual orientations and gender identities, as well as gender expression and sex characteristics. This update also addresses important issues such as intersectionality, which refers to the overlapping and compounding forms of discrimination faced by individuals.

As discussed in Part 1, the Yogyakarta Principles and YP+10 provide a comprehensive framework for applying human rights laws to ensure equality and fairness for individuals with diverse sexual orientations, gender identities, gender expressions, and sex characteristics (SOGIESC).

In summary, the Yogyakarta Principles arose because individuals with diverse sexual orientations, gender identities, gender expressions, and sex characteristics were still facing discrimination and violence, unable to access justice. These principles have now expanded to cover those experiencing intersecting oppressions, making them crucial for the development of legal frameworks ensuring equality for sexual minorities.

In Thailand, efforts are being made to create laws to protect and guarantee the rights of sexual minorities, including laws for gender equality, marriage equality, and recognition of gender identity. However, there are still areas of concern, such as access to healthcare for transgender people, ensuring humane treatment during detention, and full legal protection for intersex individuals.

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