| 英文摘要 |
This article analyzes the protection of the rights of sexual minorities under the International Covenant on Civil and Political Rights (ICCPR). An examination of the article of the Covenant and General Comments and Views in individual communications, reveals that ICCPR has extended sex/gender equality to the concept of sexual orientation and gender identity. The Human Rights Committee (HRC) considers that the right to privacy not only includes the choice to disclose or not to disclose information relating to one’s sexual orientation or gender identity, but also protects the expression of gender identity from unlawful or arbitrary attacks. Besides, limitations on freedom of speech for the purpose of protecting morals must be understood in the light of universality of human rights and the principle of non-discrimination. Therefore, limitations on freedom of speech on the basis of sexual orientation or gender identity may amounts to the violation of the Covenant. Moreover, even though there is no obligation to allow same-sex marriage under ICCPR, the HRC acknowledges the existence of various forms of family, and has been willing to guarantee same sex couples of family-related benefits. Last but not least, the HRC places a heavy burden on the State party to explain the reason for the differentiation based on sexual orientation and gender identity, thus enhance the rights and freedoms of sexual minorities. |
