There’s Pride in Progress: UN Committee tells the UK to improve LGBTQIA+ human rights

What is the review of ICESCR? And how did we get involved?

Every five years, the UN Committee on Economic, Social and Cultural Rights reviews the compliance of each country that has signed up to ICESCR and makes recommendations for improvements to be made in law, policy and practice before the next review. The UK (including Scotland) has been signed up to ICESCR since 1976.

The Committee is a body of 18 independent human rights experts with the remit of assessing economic, social and cultural rights. That includes rights like our rights to work, social security, an adequate standard of living, adequate healthcare, education, and our right to take part in cultural life. Protection of these rights is essential for us to be treated with dignity and live life freely, regardless of who we are or who we love.

In January this year, Equality Network, along with other LGBTQIA+ organisations in Scotland, submitted a report to the UN Committee as part of the UK’s review detailing some of the failings around human rights and equality in Scotland and the UK.

Our report highlighted the numerous ways that the UK was failing to respect, protect and fulfil LGBTQIA+ economic, social and cultural rights, which includes (among others): discrimination for asylum-seeking people and refugees; discrimination in employment; discrimination and barriers to accessing social security and benefits; failure to provide an adequate standard of healthcare at gender identity clinics; discrimination and exclusion for trans people in sport; and a lack of effective remedies for human rights breaches.

Equality Network’s Policy Officer, Christopher, also travelled to the office of the UN in Geneva in February to present our findings in-person to the Committee, providing input to the Committee’s recommendations to the UK Government. As the only LGBTQIA+ organisation from the UK who attended, we’re pleased to see that the Committee has listened to our concerns and told the UK that they must improve LGBTQIA+ people’s access to their human rights.

What did the Committee say?

The Committee agreed with our recommendations and expressed concerns regarding the protection of our rights in the UK, including in Scotland.

Some of the Committee’s areas of improvement for the UK were:

• Better protections against discrimination and harassment in employment;
• Addressing poverty rates which disproportionately affect LGBTQIA+ people;
• Reduce waiting times and remove barriers to accessing gender identity related healthcare – particularly in Scotland;
• Take measures to address violence, bullying and cyberbullying based on sexual orientation and gender identity in schools;
• End discrimination in cultural participation and sports, especially for trans people.

We are pleased that the Committee took note of all of our evidence – particularly in relation to gender identity care in Scotland, which The Committee felt was a “core issue” to be addressed and to be improved.

Why is this important?

While many of our human rights in the UK were long fought for and hard won, it is clear that LGBTQIA+ people still face human rights violations that significantly impact us.

Globally, we have seen a rise in anti-LGBTQIA+ rhetoric, which has also reared its ugly head here in the UK. We know all too well that this rhetoric spills over into policy and practice which affects our everyday lives: We are still being discriminated against and harassed at work; we still do not have our adequate living standards met; we still have difficulty accessing LGBTQIA+ competent healthcare. This is unacceptable, and this UN Committee agrees.

Fortunately, the Committee’s Concluding Observations is not just a report – it’s a call to action. It lets the UK Government know that the status quo is not good enough, and that it must do better to comply with international law.

The findings of the report are clear and reaffirm what we already know – our rights should not be used as a political football and we must be treated better. As an LGBTQIA+ equality and human rights organisation, we now have an additional tool that we can use in our efforts to improve our community’s lives and wellbeing in Scotland.

The journey towards LGBTQIA+ equality can feel lonely against a rising ride of anti-LGBTQIA+ voices. However, we can take comfort in the fact that the international human rights community is watching and pushing for better too, reminding us that there’s pride in progress.

Looking forward

The UK has in recent history positioned itself as a leader in promoting LGBTQIA+ rights on the international stage. Just last year it reaffirmed its commitment to defending LGBTQIA+ human rights globally. The Committee’s report and calls are an opportunity for the UK to demonstrate its willingness to lead again. We hope they, and Scotland, do.

The UK must implement the recommendations in order to meet its international human rights obligations. It must make efforts to improve the lives of LGBTQIA+ people and to ensure we can enjoy our human rights, not because they are a luxury, but because they are necessary for us to live a life of dignity.