BLURB B UN HUMAN RIGHTS COUNCIL OLINMUN. Human Right s violations during the Syrian Crisis

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1 1 Human Right s violations during the Syrian Crisis In 2014, Syria s armed conflict became bloodier with the government and the pro-government militias intensifying their attacks on civilian areas and the continuous use of indiscriminate weapons. Government forces also continued to arbitrarily arrest, disappear, and torture detainees, many of whom died in detention. Non-state armed groups opposing the government also carried out serious abuses including deliberate and indiscriminate attacks on civilians, use of child soldiers, kidnapping, and torture in detention. These are only a few examples of the violations to the human rights committed throughout this conflict. According to Navi Pillay, as of August 2014, the death toll in the conflict reached more than 191,000 people. UN Human Rights Council LGBT Adoption Rights The 2016 Office of March the High Commissioner for Human Rights is concerned about this problem and is asking its members to take actions in order to stop these violations as soon as possible. Navi Pillay

2 2 Contents I. Introduction 3 II. Overview 4 a. Background 4 b. Achievements 5 III. LGBT Adoption Rights 6 a. Background 6 ANNEX I: List of Countries 7 ANNEX II: Information about Countries 8 Countries with legal adoption Jurisdictions with legal gay adoption South Africa Israel United States of America ANNEX III: References 12

3 3 I. Introduction Dear delegates of the UN Human Rights Council, During this debate, you, as representatives of a country, will be dealing with a topic of major importance: LGBT Adoption Rights. The debate will require from your set of skills such as diplomacy, your power of analysis, your innovative ideas and above all, your willingness to reach a viable resolution to the topic. We, as your staff, encourage you to use all of your skills and abilities throughout the debate, being sure that your high standards and your maturity during the discussion of these issues will enhance the outcome of our committee. Welcome to the Olinca Model United Nations () Yours sincerely, Renata Maldonado Delgadillo Head of Committee of UNHRC Regina del Castillo de la Piedra Chair of UNHRC Sebastián Alberto Gómez Sánchez Moderator of UNHRC Ana Emilia Prado Aguilera Deputy Chair of UNHRC NOTE: We urge you to carefully read this piece, as it may be a very helpful tool and source of general information for your topic.

4 4 II. Overview LGBT people become parents in a variety of ways, including adoption, foster parenting, donor insemination, surrogacy, and from previous heterosexual relationships. Parts of Latin America remain the standard for equality for LGBT rights, while many others in Africa and Asia still remain strict on their policies against LGBT marriage and adoption. o b l i g a t i o n s o f S t a t e s u n d e r Although many countries are changing these policies, there are still some basic Human Rights that need to be acknowledged for them and the right to adopt (to bring a kid into their family) is one of them. a. Background After decades during which the terms sexual orientation and gender identity were rarely uttered in formal intergovernmental meetings at the United Nations, a debate is unfolding at the Human Rights Council in Geneva on the rights of lesbian, gay, bisexual and transgender people. The discussions at the Council have focused political attention on discriminatory laws and practices at the national level and on the international human rights law to address these through legislative and other measures. In June 2011, the Council adopted resolution 17/19 the first United Nations resolution on human rights, sexual orientation and gender identity. The resolution was approved by a narrow margin but, significantly, received support from Council members from all regions. Its adoption paved the way for the first official United Nations report on the same subject, prepared by the Office of the High Commissioner for Human Rights (OHCHR). The legal obligations of States to safeguard the human rights of LGBT and intersexual people are well established in international human rights law on the basis of the Universal Declaration of Human Rights and subsequently agreed international human rights treaties. All people, irrespective of sex, sexual orientation or gender identity, are entitled to enjoy the protections provided for by international human rights law, including the respect of rights to life, security of person and privacy, the right to be free from torture, arbitrary arrest and detention, the right to be free from discrimination

5 5 a n d t h e r i g h t t o f r e e d o m o f In June 2011, the United Nations expression, association and peaceful assembly. At the very beginning, LGBT rights c o n s i s t e d o n t h e p r e v i o u s l y mentioned, but nowadays the UN is working on legalizing the adoption between LGBT people, making it easier for them to have a family. b. Achievements Secretary-General Ban Ki-moon called for the immediate and worldwide abolition of criminal sanctions for homosexuality and for measures to counter violence directed at people because of their sexual orientation or gender identity. The Secretary-General also added that it was of great concern that in more than seventy countries, homosexuality still remained a criminal offence. He said, people are entitled to disapprove of homosexuality, and to express their disapproval, but they are not entitled to use the force of the criminal law to arrest, detain, imprison and in some cases torture or execute their fellow human beings just because they disapprove of them. Human Rights Council adopted the first United Nations resolution on human rights, sexual orientation and gender identity, which expressed grave concern at acts of violence and discrimination committed against individuals because of their sexual orientation and gender identity. Its adoption paved the way for the first official United Nations report on the subject, which presented evidence of a pattern of systematic violence and discrimination directed in all regions against LGBT people. In September 2014, the Human Rights Council adopted a second resolution reiterating concern and requesting the High Commissioner to update this report, with a focus on sharing good practices and ways to overcome violence and discrimination, in application of existing international human rights law and standards.

6 6 III. LGBT Adoption Rights a. Background Every single gay and lesbian individuals living in member countries of the Council of Europe has the right to adopt. Other member countries including Spain, the United Kingdom, the Netherlands, Sweden, Iceland, Norway, Belgium, and Denmark, which all allow same-sex marriage, allow same-sex couples to adopt jointly. Adoption by gay and lesbian couples is also legal in Andorra, Canada, Guam, parts of Australia, and South Africa. In 2009, Uruguay became the first Latin American country to legalize same-sex adoption. National recognition of same-sex marriage does not always guarantee adoption rights for gay and lesbian couples. In January 2010, Portugal's Parliament voted to legalize same-sex marriage but rejected proposals to legalize adoption by same-sex couples. In other countries, same-sex couples were extended both marriage and adoption rights. On July 15 th, 2010, Argentina legalized same-sex marriage, becoming the first Latin American country to do so. The law that legalized same-sex marriage also allowed same-sex couples to adopt children. In 2013, France and New Zealand followed suit by extending both marriage and adoption rights to gay and lesbian couples. Luxembourg passed similar laws in While some countries moved toward expanded rights for gay and lesbian couples and individuals, others strengthened laws that would prevent gay and lesbian parents from adopting. In 2013, Russia's lower House of Parliament, the Duma, voted unanimously on a bill banning the adoption of orphans by foreign same-sex couples and by single foreigners from countries where gay marriage is legal. Commenting on the proposed legislation, President Vladimir Putin said, "We respect our partners but ask them to respect Russia's cultural traditions and ethical, legal, and moral standards."

7 7 ANNEX I: List of Countries 1. Turkey 2. Italy 3. Iraq 4. Egypt 5. Germany 6. Sweden 7. France 8. UK 9. Denmark 10. United States 11. Russian Federation 12. Australia 13. United Arab Emirates 14. Hungary 15. Syria 16. Israel 17. Greece 18. Canada 19. China 20. Argentina 21. Brazil 22. Saudi Arabia 23. Belgium 24. South Africa 25. Jordan

8 8 ANNEX II: Information about Countries Full gay adoption (joint adoption by same-sex couples) is currently legal in the following countries: Andorra Argentina Belgium Brazil Canada Denmark Iceland Netherlands Norway South Africa Spain Sweden United Kingdom (Northern Ireland is unclear on gay adoption) Uruguay Gay adoption by same-sex couples is currently legal in the following jurisdictions: Western Australia, Australian Capital Territory and New South Wales Mexico City, Mexico

9 9 United States: Washington D.C., New Jersey, New York, Indiana, Maine, Connecticut, California, Illinois, Massachusetts, Oregon, Vermont, Florida and Guam. South Africa It is the only African country to allow joint adoption by same-sex couples. The 2002 decision of the Constitutional Court in the case of Du Toit vs Minister of Welfare and Population Development amended the Child Care Act (1983) to allow both joint adoption and stepparent adoption by "permanent same-sex life partners". The Child Care Act has since been replaced by the Children s Act of 2005 which allows joint adoption by "partners in a permanent domestic life-partnership", whether same- or opposite-sex, and stepparent adoption by a person who is the "permanent domestic life-partner" of the child's current parent. Same-sex marriage has been legal since 2006, and is equivalent to opposite-sex marriage for all purposes, including adoption. Israel In January 2005, ruling of the Israeli Supreme Court allowed stepchild adoptions for same-sex couples. Israel previously allowed limited co-guardianship rights for nonbiological parents. In February 2008, a court in Israel ruled that same-sex couples were now permitted to adopt a child regardless of whether the child is biologically related or not to either parent. This marked a watershed in granting equal rights to all gay people in Israel. isrealli, the official blog of the State of Israel, frequently publishes updates on gay adoption news in Israel. The site also has a complete timeline of gay rights milestones in Israel. United States of America Laws regarding LGBT adoption in the United States vary, as adoption in the United States is regulated and licensed at the state level. In 2006, adoption by gay couples was illegal in Nebraska, Florida, Michigan, Oklahoma, Mississippi, and Utah. Adoption by single LGBT individuals is now legal in every jurisdiction in the United States, while adoption by same-sex couples is legal in 49 states with the exception of Mississippi and legal in the District of Columbia as well as of June 26, 2015.

10 10 Country LGBT individual may petition to adopt Same-sex couple may jointly petition Same-sex partner may petition to adopt partner's child Same-sex couples are allowed to foster or stepchild foster Andorra Yes Yes Yes Yes Austria Yes Yes (eff. 2016) Yes Yes (except state of Lower Austria) Belgium Yes Yes Yes Yes Belarus No No No No Bulgaria Yes No No No Denmark Yes Yes Yes Yes Finland Yes Yes (eff. 2017) Yes Yes France Yes Yes Yes Yes Germany Yes No Yes Yes Gibraltar Yes Yes Yes Yes Hungary No No No No Yes (single Italy people may adopt only in exceptional circumstances, independently of their sexual No No (ambiguous, granted in one court case) No (since same-sex couples are not recognized but singles can foster) orientation) Luxembourg Yes Yes Yes Yes Netherlands Yes Yes Yes Yes Norway Yes Yes Yes Yes Poland Yes No No No Portugal Yes Yes Yes Yes Romania No No No No Spain Yes Yes Yes Yes Switzerland Yes No No Yes

11 11 Country LGBT individual may petition to adopt Same-sex couple may jointly petition Same-sex partner may petition to adopt partner's child Same-sex couples are allowed to foster or stepchild foster United Kingdom Yes Yes Yes Yes

12 12 ANNEX III: References Lesbian, Gay, Bisexual and Transgender and Intersex People. UN Human Rights Office of the High Commissioner. URL: INFO_LGTG_WEB.pdf LGBT. UN Human Rights Office of the High Commissioner. URL: daccessddsny.un.org/doc/undoc/gen/g11/148/76/pdf/g pdf? OpenElement Born Free and Equal. UN Human Rights Office of the High Commissioner. URL: BornFreeAndEqualLowRes.pdf