From: Hilary Naylor <hnaylor%igc.apc.org@MIZZOU1.missouri.edu>
Subject: re: PAX: US Senate ratifies UN HR Convention
Followup-To: alt.activism.d
Originator: daemon@pencil.cs.missouri.edu
Organization: ?
Resent-From: "Rich Winkel" <MATHRICH@MIZZOU1.missouri.edu>
Date: Sun, 11 Oct 1992 17:38:57 GMT

Re: US Senate ratifies UN HR Convention

On June 9, 1992, the President Bush deposited at the United Nations the
USA's ratification of the International Covenant on Civil and Political
Rights.  However, the package of reservations, understandings, declarations
and provisos attached to the ratification means practically no changes in
current U.S. state or federal law.

This is the Preamble to the Covenant:

The States Parties to the present covenant,
Considering that, in accordance with the principles proclaimed in the
Charter of the United Nations, recognition of the inherent dignity and of
the equal and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world.

Recognizing that these rights derive from the inherent dignity of the human
person,
Recognizing that, in accordance with the Universal Declaration of Human
Rights, the ideal of free human beings enjoying civil and political freedom
and freedom from fear and want can only be achieved if conditions are created
whereby everyone may enjoy his [sic] civil and political rights, as well as
his [sic] economic, social and cultural rights.
Considering the obligation of States under the Charter of the United Nations
to promote universal respect for, and observance of, human rights and
freedoms,
Realizing that the individual, having duties to other individual and to the
community to which he [sic] belongs, is under a responsibility to strive for
the promotion and observance of the rights recognized in the present Covenant,
Agree upon the following articles:
__________________

The Covenant has 53 articles, the first 27 of which relate to civil and
political rights, the remainder concern implementation through the Human
Rights Committee.  The rights laid out in the first 27 articles are quite
similar to the US Constitution and Bill of Rights, pertaining to:
Peoples right to self-determination and disposition of resources (1)
Rights without distinction of any kind, such as race, color, sex, language,
religion, political or other opinion, national or social origin, property,
birth or other status.(2)
Equal rights for men and women.(3)
Right to life.(6)
No torture or cruel, inhuman or degrading treatment or punishment; no medical
or scientific experimentation without consent.(7)
No slavery, servitude, forced labor.(8)
Right to liberty and security of person; no arbitrary arrest or detention.(9)
Humanitarian treatment in detention.(10)
No imprisonment for debt.(11)
Freedom to leave and enter own country.(12)
Equality before the courts; fair and public hearing; presumption of innocence;
right to counsel and interpreter; right to appeal; no double jeopardy.(14)
No retroactive punishment; benefit of lighter penalty if law changed
subsequent to the offence.(15)
No arbitrary or unlawful interference with privacy, family, home or
correspondence, nor unlawful attacks on honor and reputation.(16)
Freedom of thought, conscience, religion, expression and peaceful
assembly.(18, 19, 21)
War propaganda prohibited; advocacy of national, racial or religious hatred
that constitutes incitement to discrimination, hostility or violence is
prohibited.(20)
Freedom of association and right to form and join trade unions.(22)
Protection of family; right to marriage; children's right to protection free
of discrimination, to birth registration and nationality.(23, 24)
Right to participate in public affairs and vote.(25)
All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law.  In this respect, the law
shall prohibit any discrimination and guarantee to all persons equal and
effective protection against discrimination on any ground such as race, color,
sex, language, religion, political or other opinion, national or social
origin, property, birth or other status.(26)
Minorities right to practice religion, enjoy culture, use language.(27)
________________________

So the answer to the question "Does the UN HR Convention contain preventions
against sexual orientation discrimination?" is not specifically in those
terms, but there are several articles which could be interpreted to encompass
that protection.

Hilary Naylor
Amnesty International
Newsgroups: misc.activism.progressive