UN Women’s Rights Committee Rules That Criminalisation Of Same-sex Intimacy Between Women Is A Human Rights Violation

Major legal precedent could affect millions of lesbian and bisexual women in most of 40-plus countries where they are still criminalised, says Human Dignity Trust

23 March 2022

In a landmark decision released today, a UN women’s rights committee found that the criminalisation of consensual, same-sex intimacy between women is a human rights violation.

The decision in a case brought by Rosanna Flamer-Caldera, Executive Director of EQUAL GROUND, the main LGBT organisation in Sri Lanka, with the support of the Human Dignity Trust, sets a major legal precedent, holding that the criminalisation of lesbian and bisexual women violates the UN Convention on the Elimination of All Forms of Discrimination against Women.

The Committee on the Elimination of Discrimination against Women (CEDAW) said that the Sri Lankan authorities have subjected Ms Flamer-Caldera to gender-based discrimination and violence, and had not taken any legal or other measures to respect and protect her right to a life free from gender-based violence, or to eliminate the prejudices to which she has been exposed as a woman, lesbian and activist.

It also found that the authorities have breached her right to access to justice, since the criminal law constrains her ability to complain of abuses.

The Committee urged Sri Lanka to decriminalise same-sex sexual activity. It also requested that the State take immediate and effective action to stop the threats, harassment and abuse, which Ms Flamer-Caldera has been subjected to and ensure that she and EQUAL GROUND can carry out their activism safely and freely. Additionally, the Committee pressed Sri Lanka to pursue criminal processes to hold those responsible for her abuse to account.

‘This decision is significant for millions of criminalised lesbian and bisexual women around the world. Most of the 40-plus countries that currently criminalise same-sex intimacy between women have voluntarily signed up to the Convention and are now in clear and blatant violation of its binding legal obligations,’ said Téa Braun, Chief Executive of the Human Dignity Trust.

Ms Flamer-Caldera’s case drew particular attention to the multiple forms of discrimination that lesbian and bisexual women face, because of their sexuality and their gender. The Committee accepted that the discrimination within the law in Sri Lanka creates a hostile environment.

‘I am over the moon to hear of this decision,’ said Ms Flamer-Caldera. ‘The Sri Lankan government has ratified the Convention, and this is therefore further pressure on them to repeal these discriminatory laws and free us from the stigma and violence caused by criminalisation.’

Lesbian and bisexual women activists around the world enthusiastically welcomed the decision.

‘Lesbian and bisexual women are not asking for special rights. We are asking for the same rights as those enjoyed by our fellow citizens,’ said Steve Letsike, South African feminist and Executive Director of Access Chapter 2. ‘And so, this decision is extremely useful as it will intensify and incentivise in-country efforts to ensure the advancement of all women towards equality.’

Described as an international bill of rights for women, the Convention is also an agenda for action by countries to guarantee the enjoyment of those rights, with the vast majority of UN member states being bound by it.

The Human Dignity Trust worked on Ms Flamer-Caldera’s case for eight years, building on evidence from its report Breaking The Silence, which highlights the global extent and impact of criminalisation on lesbian and bisexual women.

‘The Human Dignity Trust is expanding international law to provide more legal arguments for local activists and lawyers, who bravely challenge these laws in their own domestic courts. This is one of the most significant UN decisions on criminalisation and is one more step towards protecting all women from discrimination,’ added Braun.

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