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{{For|other similarly named texts|Declaration of Montreal (disambiguation)}}
Declaration of Montréal
[[Image:Navra Tewks Outg.jpg|right|300px|thumb|[[Martina Navratilova]] and [[Mark Tewksbury]] read the Declaration of Montreal at the opening ceremonies of the World Outgames.]]
{{LGBT rights}}
The '''Declaration of Montreal on Lesbian, Gay, Bisexual, and Transgender Human Rights''' is a document adopted in [[Montreal]], Quebec, Canada, on July 29, 2006, by the [[2006 World Outgames#International Conference on LGBT Human Rights|International Conference on LGBT Human Rights]] which formed part of the [[2006 World Outgames|first World Outgames]]. The Declaration outlines a number of rights and freedoms pertaining to [[LGBT and intersex]] people that it is proposed be universally guaranteed. It encompasses all aspects of human rights, from the guarantee of fundamental freedoms to the prevention of discrimination against LGBT people in healthcare, [[right to education|education]] and immigration. The Declaration also addresses various issues that impinge on the global promotion of [[LGBT rights]] and [[intersex human rights]]. Intended as a starting point in listing the demands of the international [[LGBT social movements|LGBT movement]], it will ultimately be submitted to the United Nations.


==Background==
http://montreal2006.org/Doc/FINAL_Declaration%20of%20Montreal_EN.pdf
The Conference aimed to raise the [[international community]]'s awareness of [[LGBT rights]] issues. It was held immediately prior to the Outgames themselves and attended by almost 2000 delegates and 600 conference speakers from across the world, making it the largest LGBT rights conference ever held.<ref>{{Cite journal|last=Vallée|first=Pierre|date=2006-07-15|title=La Conférence veut laisser son empreinte: La Déclaration de Montréal fera état des griefs et revendications de la communauté internationale des LGBT|url=http://collections.banq.qc.ca/ark:/52327/2808847|journal=Le devoir, 1910– (Montréal)|issue=Cahier F|pages=F6|via=[[BAnQ numérique]]}}</ref> A number of international experts took part including distinguished [[jurist]]s, academics, church leaders and human rights activists.<ref name=A2Mediagroup>{{cite web |date=2006-08-08 |title=Gay Games Montreal seen as 1st Class World Success |publisher=A2Mediagroup.com |url=http://www.a2mediagroup.com/?c=126&a=8965 |access-date=2007-01-28}}</ref> Among them was [[Joke Swiebel]] a former member of the [[European Parliament]], who served as one of the primary drafters of the Declaration.<ref>{{cite web |author=<!--Staff writer(s); no by-line.--> |title=Drs. J. (Joke) Swiebel |url=https://www.parlement.com/id/vghq1ig2wnzf/j_joke_swiebel?ac=1:lto:u:ReP%2bwjiGhakS1LXdYUg6YunylIQ |publisher=[[Parlementair Documentatie Centrum]] |access-date=5 June 2022 |archive-url=https://archive.today/20220607130405/https://www.parlement.com/id/vghq1ig2wnzf/j_joke_swiebel?ac=1:lto:u:ReP%2BwjiGhakS1LXdYUg6YunylIQ |archive-date=7 June 2022 |location=Leiden, Netherlands |language=Dutch |date=2020 |url-status=live }}</ref><ref>{{cite book |last1=Harvey |first1=Jean |last2=Horne |first2=John |last3=Safai |first3=Parissa |display-authors=et al |title=Sport and Social Movements: From the Local to the Global |url=https://books.google.com/books?id=oUXSAQAAQBAJ&pg=PA87 |date=2013 |publisher=[[Bloomsbury Publishing]] |location=London |isbn=978-1-78093-557-7}}</ref>{{Rp|87}} The delegates unanimously approved the Declaration.<ref name=A2Mediagroup />


Among the keynote speakers to the Conference were:<ref>{{cite web|date=2006-08-13 |title=International Conference on LGBT Human Rights, and the First World Outgames |publisher=More Light Presbyterians |url=http://www.mlp.org/article.php?story=20060813005736504 |access-date=2007-01-29 |url-status=dead |archive-url=https://web.archive.org/web/20070420091604/http://www.mlp.org/article.php?story=20060813005736504 |archive-date=2007-04-20 }}</ref>
http://montreal2006.org/
*[[Louise Arbour]] – [[UN High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]]
*[[Gene Robinson]] – Bishop of the [[Episcopal Diocese of New Hampshire|Diocese of New Hampshire]] in the [[Episcopal Church in the United States of America]]
*[[Claire L'Heureux-Dubé]] – Former [[judge|justice]] on the [[Supreme Court of Canada]]
*[[Mark Tewksbury]] – Canadian swimmer and [[1992 Summer Olympics|Olympic]] [[gold medal]]ist
*[[Irshad Manji]] – Canadian author, journalist, and activist
*[[Georgina Beyer]] – New Zealand politician, the world's first openly [[transgender]] Member of Parliament
*[[Waheed Alli, Baron Alli|Waheed Alli]] – [[Asian people|Asian]] businessman and United Kingdom [[life peer]]
*[[Martina Navratilova]] – Former [[List of WTA number 1 ranked players|world No. 1]] tennis player
*[[Gérald Tremblay]] – Mayor of Montreal


The Declaration aims to address UN failings in consistently applying its [[Universal Declaration of Human Rights]].<ref>{{cite web |date=2006-07-28 |title=L'ONU interpellée |publisher=Radio-Canada |url=http://www.radio-canada.ca/regions/Montreal/2006/07/28/001-Declaration-Montreal.shtml |access-date=2007-02-11}}</ref> A number of fundamental freedoms, including the [[right to life]], are violated in a number of member countries where homosexuality is criminalised. Homosexual acts are [[death penalty|punishable by death]] in nine jurisdictions:<ref name="1a">Declaration of Montreal, 1. (a)</ref> Afghanistan, Iran, Nigeria, Mauritania, Pakistan, Saudi Arabia, Sudan and Yemen.<ref>{{cite web |date=2000-07-31 |title=The Death Penalty for Homosexual Acts |publisher=[[International Lesbian, Gay, Bisexual, Trans and Intersex Association|ILGA]] |url=http://www.ilga.info/Information/Legal_survey/Summary%20information/death_penalty_for_homosexual_act.htm |access-date=2007-02-05 |url-status=dead |archive-url=https://web.archive.org/web/20070301150056/http://www.ilga.info/Information/Legal_survey/Summary%20information/death_penalty_for_homosexual_act.htm |archive-date=2007-03-01 }}</ref> They remain illegal in 72 countries,<ref name="1c">Declaration of Montreal, 1. (c)</ref> and are in many cases punishable by imprisonment or [[corporal punishment]].
Preamble


==Essential rights==
‘All human beings are born free and equal in dignity and rights’. This famous first
The Convention identifies several areas in which action needs to be taken to uphold the essential rights of [[LGBT]] people: "A world where LGBT rights are systematically violated, is a world where nobody can feel safe and free" referring to the principle of [[World Conference on Human Rights]] held in [[Vienna]] affirming that "All human rights are universal, indivisible, and interdependent and interrelated."<ref name = "2.">Declaration of Montreal, 2.</ref>
sentence of the Universal Declaration of Human Rights, adopted almost sixty years
ago by the General Assembly of the United Nations, still contains in a nutshell our
political agenda, as lesbian, gay, bisexual, transgender, transsexual, transitioned
and intersexual persons.


===Protection against state and private violence===
The world has gradually accepted that individual human beings have different
The declaration calls for an end to the death penalty and all [[violence against LGBT people]] whether state condoned or by private parties. States are required to take steps to protect LGBT people from all [[hate crimes]]. Forced marriages to persons of the opposite sex are identified as particular human rights violations to be combated.
sexes, racial or ethnic origins, and religions, and that these differences must be
respected and not be used as reasons for discrimination. But most countries still do
not accept two other aspects of human diversity: that people have different sexual
orientations and different gender identities; that two women or two men can fall in
love with each other; and that a person's identity, as female or male or neither, is
not always determined by the type of body into which they were born.
Refusal to accept and respect these differences means that oppression of LGBT
people is still a daily reality in most parts of the world. In some countries,
discrimination and violence against LGBT people are getting worse. But more and
more, brave individuals and groups are standing up for LGBT human rights in every
region of the world. In particular, LGBT individuals and groups in Asia, Africa, Latin
America and Eastern Europe no longer accept prejudice and discrimination, and are
becoming increasingly impatient to achieve freedom and equality. But progress is
very uneven and is not automatic. Worldwide, we are seeing advances and
setbacks.


Finally, violence against [[intersex]] people, in particular unnecessary surgery to force conformity to rigid models of sexual characteristics, is condemned as well as genital surgery to them unless they are old enough to understand it and consent to it.<ref name="1a"/> This gave influence to Principle 18 (protection from medical abuse) of [[The Yogyakarta Principles]].
Progress in realizing LGBT human rights demands multi-layered change in all parts
of the world: rights must be secured, laws changed, new policies designed and
implemented, and institutional practices adapted. LGBT individuals and groups are
the prime agents of change. But we will only win if we enlist others as allies in our
struggle. The purpose of this declaration is to list and explain the changes that we
need, and build an agenda for global action.


===Freedom of expression, assembly and association===
1. ESSENTIAL RIGHTS
Laws which discriminate against LGBT people, such as bans of [[Gay pride|pride marches]], LGBT journalism and registration of non-governmental organisations, are identified as a major stumbling blocks in campaigning for LGBT rights issues. The world community is therefore called upon to guarantee such rights and prevent their being denied by hostile public authorities.<ref>Declaration of Montreal, 1. (b)</ref>


In addition, the international community is asked to take positive steps in promoting such rights. To this end, the Declaration calls for international [[development aid]] packages to be conditional on improvements in respecting human rights, including those of LGBT people. Financial aid is sought for groups campaigning for LGBT rights in areas where such people still fear for their lives or personal safety.<ref name="1c"/>
A first demand is to safeguard and protect the most basic rights of LGBT people, rights which are well established
and not legally controversial.


===Freedom to engage in consensual same-sex sexual activity===
(a) Protection against state and private violence
The repeal of all laws preventing consensual same-sex activity is called for.<ref name="1c"/>


==Freedom from discrimination==
• Nine countries punish homosexuality with the death penalty – a human rights violation in itself, regardless
LGBT people face discrimination in many aspects of their lives. Governments are called upon to take positive actions to promote LGBT rights to freedom from discrimination in the following areas:
of the reason for imposing the sentence.
• Extrajudicially, we witness in many countries torture and other violence against – and sometimes killings of
- LGBT individuals simply because they are lesbian, gay, bisexual or transgender. These hate crimes are
committed by private actors (with the active help or passive condonation of public officials, as at some
pride marches), or by police, soldiers and other public officials themselves. These hate crimes against LGBT
individuals are a subject of growing concern; many states are failing in their obligation to protect LGBT
persons from this violence.


===Asylum and immigration rights===
• In many parts of the world, LGBT individuals are still forced to marry a person of the opposite sex against
The [[United Nations High Commissioner for Refugees]] recognises a [[right to asylum]] for those fleeing persecution based on [[sexual orientation]] or [[gender identity]]. All countries are called upon to do the same. In addition, rights of residence for foreign partners are demanded to be free from discrimination against LGBT people.<ref name="2."/>
their will, and risk heavy penalties (including violence and death at the hands of members of their families)
if they try to escape such arrangements. Forced marriages are indisputably a human rights violation that
must be combated.


===Family rights===
• Intersexual individuals experience a particular form of violence, in the form of genital mutilation resulting
Families are stated to be the most important part of many people's lives. The Declaration requires marriages to be opened up to [[same-sex marriage|same-sex couples]], all unmarried couples to have similar partnership rights and ensuring equal access for all to every option for parenthood, including [[LGBT adoption|adoptions by LGBT people]].<ref name="4b">Declaration of Montreal, 4. (b)</ref>
from unnecessary post-birth surgery designed to make them conform to a rigid binary model of physical
sex characteristics.


===Education healthcare, media and employment===
(b) Freedom of expression, assembly and association
In education, classes on LGBT human rights are sought and schools are required to take action against [[Homophobia|homophobic]] bullying. The media are called upon to assist in breaking down [[LGBT stereotypes|stereotypes]] and to portray LGBT people in a realistic manner. The necessity of access to health care in general and for the specific needs of LGBT people is stressed. In particular funding for [[sex reassignment surgery]] is expected to be provided to the same extent that it is for other medically necessary treatments. Finally, religious groups are encouraged to be tolerant towards LGBT people.<ref name="4b"/>


===Employment===
• In a number of countries, LGBT human rights groups and courageous LGBT individuals see their rights to
The Declaration calls for the development of programmes to promote fair chances in employment and business for LGBT people for their economic independence and [[self-esteem]] to be insured. Governments are asked to lead by example in eliminating such [[workplace discrimination|discrimination]] and in promoting the equality and safety of LGBT people in [[public sector]] workplaces and trade unions.<ref name="4b"/>
free expression, assembly and association blocked by hostile public authorities. Pride marches are denied
permits, journalists are jailed, clubs are closed, and NGOs are refused registration. Without the essential
right of LGBT non-governmental organisations to carry on their work, free of repressive and discriminatory
restrictions, it can become impossible to campaign for the reform of discriminatory laws LGBT activists are
entitled to protection and support, and to express themselves without fear of recrimination, just like other
human rights defenders.


==Global issues in promoting LGBT rights==
(c) Freedom to engage in (private, consensual, adult) same-sex sexual activity
To promote LGBT rights globally, the Declaration requires the international community to engage in a worldwide information campaign and calls upon like-minded NGOs and governments to assist in preparing and running such a campaign. Part of this campaign would be to provide education about the prevention and treatment of HIV and AIDS among LGBT people and governments are generally encouraged to include LGBT people in their fight against HIV and AIDS.<ref name="2."/>


The failure of the United Nations to recognise LGBT rights as human rights is condemned, despite the case law ''[[Toonen v. Australia]]'' by the [[United Nations Human Rights Committee]].<ref name="1c"/> It is requested that the new [[UN Human Rights Council]] adopt LGBT rights as part of its agenda and that the [[International Lesbian, Gay, Bisexual, Trans and Intersex Association|International Gay and Lesbian Association]] and other LGBT rights organisations be amongst the NGOs that are able to consult with the Council.<ref name="2."/> And at last, the Declaration calls on all nations in the world and United Nations to recognize and promote the 17 May of each year as the [[International Day Against Homophobia and Transphobia]].<ref>Declaration of Montreal, 5.</ref>
• Seventy-five countries – over one third of the countries in the world – still have laws in place criminalizing
same-sex sexual acts between consenting adults. Acts that harm nobody. Under international human rights
standards, this violates the right to privacy, as recognised by the UN Human Rights Committee in its Toonen
decision in 1994, and is also discrimination: a refusal to recognise the equal dignity and worth of LGBT
individuals. Even where such laws are not enforced in practice, they stigmatise, perpetuate prejudices,
encourage blackmail and intimidation, and serve as justifications for other forms of discrimination.


==Implementation==
- We urge the international community to put pressure on the governments of countries that keep
violating the essential human rights of LGBT people.
- We demand an immediate end to use of the death penalty worldwide–especially for the so-called
“crime” of same-sex sexual activity between consenting adults.
- We demand that national governments and international organisations develop and implement
effective policies to prevent, investigate and punish hate crimes based on sexual orientation or
gender identity.
- We demand that genital surgery on intersexual persons be prohibited unless they are old enough
to understand it and consent to it.
- We demand that international organizations (at the global and regional levels) systematically
monitor the human rights situation of LGBT people and widely publicize their findings.
- We call on the international community to protect and give political and financial support to LGBT
human rights defenders and organisations, in particular in those countries of the world where
LGBT persons still have to fear for their lives or their safety on a daily basis.
- We demand that national governments and international organisations make their international
development aid conditional on real progress concerning respect for human rights, including the
human rights of LGBT people.
- We demand the repeal of all laws criminalizing private, consensual, adult, same-sex sexual activity.


The [[Montreal borough]] of [[Ville-Marie (Montreal)|Ville-Marie]] was the first elected body in the world to officially adopt the Declaration in on August 1, 2006,<ref>{{cite web |date=2006-08-02 |title=Declaration of Montreal endorsed by Ville-Marie Borough! |url=http://fugues.vortex.qc.ca/main.cfm?p=100&Article_ID=7693 |publisher=fugues.com |access-date=2007-01-29}}</ref> whilst the [[New Democratic Party of Canada|New Democratic Party]] became the first political party to do so, by a unanimous vote of its federal convention on September 10, 2006.<ref>{{cite web |date=2006-09-11 |title=NDP formally adopts Declaration of Montreal on LGBT rights |url=http://action.web.ca/home/billsiksay/en_alerts.shtml?x=91453&AA_EX_Session=6516a5a60989fd16da16f9870319236f |archive-url=https://web.archive.org/web/20070311141126/http://action.web.ca/home/billsiksay/en_alerts.shtml?x=91453&AA_EX_Session=6516a5a60989fd16da16f9870319236f |url-status=dead |archive-date=2007-03-11 |publisher=billsiksay.ca |access-date=2007-01-28 }}</ref> Accordingly, the NDP's critic for LGBT rights, [[Bill Siksay]], presented a motion in the [[House of Commons of Canada]] calling on the Canadian government to abide by the Declaration on September 20, 2006.<ref>{{cite web|date=2006-09-21 |title=Siksay calls for LGBT rights to be adopted |publisher=New Democratic Party |url=https://www.ndp.ca/page/4355 |access-date=2007-01-28 |archive-url=https://web.archive.org/web/20070118152529/http://www.ndp.ca/page/4355 |archive-date=2007-01-18 |url-status=dead }}</ref>
2. GLOBAL ISSUES


The Declaration has also been adopted by the [[City council]]s of:<ref>{{cite web|date=2006-12-08 |title=Declaration of Montreal – Support, endorsements etc. |publisher=Declaration of Montreal website |url=http://www.declarationofmontreal.org/support.html |access-date=2007-01-29 |archive-url=https://web.archive.org/web/20070218145433/http://www.declarationofmontreal.org/support.html |archive-date=2007-02-18 |url-status=dead }}</ref>
A world where LGBT human rights are systematically violated, is a world where nobody can feel safe and free. ‘All
* [[Montreal|Montreal, Canada]]
human rights are universal, indivisible and interdependent and interrelated’ (World Conference on Human Rights,
* [[Barcelona|Barcelona, Spain]]
Vienna,1993).
* San Francisco, United States
LGBT identities or practices have existed and continue to exist in every culture and corner of the world; they are
* [[Denver|Denver, United States]]
simply part of the human condition. Fighting ignorance and prejudice remains our first priority. More information
* [[Sydney|Sydney, Australia]]
about LGBT persons, and more openness on the part of LGBT persons (when this can be done safely), are conditions
for further progress to be made.
- We therefore call for the preparation of a world-wide information campaign.
- We ask the organizers of the International Conference on LGBT Human Rights at the 2nd World
Outgames in Copenhagen in 2009 to launch such a campaign.
- We demand the support of like-minded NGOs and sympathetic governments in the preparation
and running of the campaign.
LGBT people do not live on an island, but form part of all societies, and rightly expect that their situations and their
demands will be taken into account in formulating all public policies. Accordingly, LGBT human rights must be
mainstreamed into global debates about social and political issues. This can only be achieved if the international
LGBT human rights movement takes part in wider struggles, such as the fight for development and fair trade,
worldwide social and economic rights, and international peace and stability. LGBT human rights may seem a far cry
in a those parts of the world where coping with poverty and violence top the daily agenda. Working to overcome
these problems, however, should include working for better living conditions for LGBT individuals.
One crucial global issue is the HIV/AIDS pandemic. "Halt and begin to reverse the spread of HIV/AIDS." That is UN
Development Goal number 6, with a target date of 2015, endorsed by 189 Heads of State and Government in 2000.
This goal can only be reached by deploying a human-rights-based approach that includes the human rights of LGBT
individuals. Criminalizing sexual activity between men, and banning freedom of expression for LGBT groups, still
common practices in some countries, have a directly detrimental effect on the prevention of HIV/AIDS. Access to
information, adequate health services, and the elimination of violence and discrimination are crucial for both the
prevention and treatment of HIV/AIDS.
- We urge governments to stop thwarting LGBT groups which spread information on the
prevention and treatment of HIV/AIDS among LGBT individuals, but instead to make it their own
responsibility to include LGBT people in their fight against HIV/AIDS.
- We urge donor countries and international institutions to step up their aid programmes for the
prevention of HIV/AIDS, and work with local LGBT health groups to ensure that LGBT people are
included in these programmes.
- We demand the removal of morality-based restrictions on HIV/AIDS education, prevention and
treatment campaigns, including restrictions on promoting the use of condoms.
Another global issue is asylum. Our primary goal is to work for a safe environment in every country, so that LGBT
people do not need to leave their countries because of fear for their lives. But every nation has an obligation to grant
asylum to persons persecuted on the basis of their race, religion, political opinion and the like. LGBT persons who
have a well-founded fear of persecution, by state or non-state actors, based on their sexual orientation or gender
identity, must find similar protection within the framework of the 1951 Geneva Refugee Convention. A growing
number of countries explicitly interpret this Convention in this way. And so does the United Nations High
Commissioner for Refugees. We think that more countries should follow their example.
- We demand that national governments explicitly recognize in their national laws and practices a
right to asylum based on a well-founded fear of persecution because of sexual orientation or
gender identity.
- We demand that the UN High Commissioner for Refugees step up his actions to convince national
governments to implement the Guidelines on Gender-related Persecution, adopted in 2002.
A third global issue: migration. The world is getting smaller and smaller; more and more people travel the world,
make friends, and meet lovers who sometimes become partners. But most countries deny to bi-national same-sex
couples the right of one partner to sponsor the other for immigration, which different-sex married couples take for
granted. Even same-sex couples who have a marriage certificate or a registered partnership, recognized by the
country of origin of one of the partners, cannot be sure of their status when they move somewhere else.
- We demand of our respective national governments residence rights for our partners from abroad
under the same conditions as different-sex married couples, without discrimination based on sex,
sexual orientation or gender identity.
- We demand that international treaties on these matters be reformed and grant same-sex couples
the same rights as different-sex married couples.


==See also==
The United Nations has so far been unwilling or unable to recognize that LGBT rights are human rights, and fully
{{wikisource}}
incorporate LGBT issues into its human rights work. Some specific UN treaty bodies and special rapporteurs have
*[[LGBT rights]]
taken LGBT rights into account. But in 2005, the UN Commission on Human Rights refused for the third time to
*[[LGBT social movements]]
decide on a general resolution on ‘Human Rights and Sexual Orientation’, first tabled by Brazil in 2003. And in 2006,
*[[Homosexuality laws of the world]]
the Economic and Social Council of the UN for the third time refused to grant consultative status to ILGA – the
*[[Violence against LGBT people]]
International Lesbian and Gay Association – as in 1992, in 1994 (when the consultative status granted in 1993 was
*[[Hate crime]]
suspended) and in 2002.
*[[Healthcare and the LGBT community]]
*[[Same-sex marriage]]
*[[Toonen v. Australia]]
*[[LGBT adoption]]
*[[Legal status of transgender people]]
*[[The Yogyakarta Principles]]


==References==
We will continue knocking on the door of the United Nations. We do not accept that a world organisation can be
{{reflist}}
closed to a specific part of the Earth's population, and can decide that it does not want to deal with their issues.


==External links==
- We therefore urge governments to put LGBT human rights on the agenda of the new UN Human
*[http://www.declarationofmontreal.org Website on the Declaration of Montreal]
Rights Council, and to work for the adoption of a text, that will give a mandate to the Council and
*[http://www.declarationofmontreal.org/DeclarationofMontreal.pdf English version of the Declaration of Montreal] ([[PDF]])
to other UN bodies to deal with LGBT human rights as a normal part of their work.
- We demand that ILGA and other LGBT organisations be granted the place they deserve among the
many other NGOs that are entitled to consult with the Human Rights Council.
- We urge the Human Rights Committee and other UN treaty bodies to integrate the systematic
monitoring of LGBT human rights into their work.
- We call upon lawyers, human rights institutions, and NGOs to continue studying which human
rights of LGBT individuals are protected by existing international human rights treaties, and
whether there are any gaps in the protection these treaties provide. This could lead to a discussion
of the potential benefits of a UN Convention on the Elimination of all forms of Sexual Orientation
and Gender Identity Discrimination (CESOGID).
- We urge all UN Special Procedures to address LGBT human rights issues within their relevant
mandates.


{{LGBT in Canada}}
3. THE DIVERSE LGBT COMMUNITY
{{International human rights instruments}}


[[Category:2006 in Quebec]]
Our demand that the heterosexual, non-transgender majority respect our human rights and our diversity does not
[[Category:2006 documents]]
stop at our own doorstep. We must also work to build an LGBT community that is open to all, and offers fair chances
[[Category:LGBTQ rights]]
to everyone, regardless of their sex, race, religion, disability, age, economic status or other similar characteristic.
[[Category:LGBTQ history in Montreal]]
We must fight discrimination within our own ranks. We cannot tolerate sexism and racism inside our movement. We
[[Category:World Outgames]]
are Muslims, Christians, Jews, non-believers, Buddhists, Hindus, Sikhs, and humanists. Among us, we have every form
[[Category:2006 in LGBTQ history]]
of disability, members of every age group, and members of every social and economic class.
[[Category:Human rights instruments]]
The growing visibility and activism of LGBT groups in the Global South must be taken into account. We must work as
[[Category:Intersex rights]]
hard as we can to make it possible for LGBT activists from Asia, Africa, Latin America and Eastern Europe to
[[Category:July 2006 events in Canada]]
participate in the global LGBT human rights movement on an equal footing. Our long-term goal, as resources permit,
[[Category:Manifestos]]
should be much more proportionate representation of the Global South at international LGBT conferences. We must
remember that 88% of LGBT people live in Asia, Africa, Latin America and Eastern Europe.
The unequal position of women inside the our movement reflects the still unequal power relations between women
and men in the world as a whole. Despite all the progress made over the last few decades, women are still le
deuxième sexe, and lesbian women are no exception. We must therefore seek more co-operation with the women’s
movement, and stress our common ground. The commonality is our right to control our own bodies and to choose
how we live our own lives. Our joint goal is to challenge the rigidity of the fixed roles allocated to women and men,
and the dominance of heterosexual male norms and interests. This joint goal is not something marginal, but is part of
the core business of the LGBT human rights movement.
Transgender, transsexual, transitioned and intersexual individuals have become a more and more visible part of our
movement, and have seen some of their demands taken on board. Non-transgender lesbian, gay and bisexual
persons will have to recognise that questioning the meaning of sex, and challenging rigid gender roles, are in fact
two sides of the same coin. Transgender issues therefore should be considered as part and parcel of our common
struggle for equality and dignity.

- We recommend that international LGBT organisations expand their pools of candidates for
leadership positions by offering training courses, information seminars and the like to new –
female, male or transgender - activists from Asia, Africa, Latin America and Eastern Europe.
- We ask the organizers of the International Conference on LGBT Human Rights at the 2nd World
Outgames in Copenhagen in 2009 to make an extra effort to realise an equal participation of
women and men, to maximise participation from the Global South and from ethnic and cultural
minorities, and to ensure full inclusion of transgender people and issues.
- We would also like to see at that conference more workshops on the role of women inside and
outside our movement, and on increasing co-operation with the women’s movement.

4. PARTICIPATION IN SOCIETY

(a) General

In many countries, the fight against discriminatory rules and practices, started more than fifty years ago, has brought
success. We are proud of the victories of the international LGBT human rights movement. As such we count:

• the elimination of homosexuality from the official list of psychiatric diseases;
• the long list of countries that have abolished discriminatory criminal laws;
• new constitutional equality clauses that explicitly mention sexual orientation;
• the growing number of countries, states, provinces, territories, counties or cities that have outlawed
discrimination on the basis of sexual orientation or gender identity;
• the still small, but growing, number of countries that have opened up legal marriage to same-sex couples;
• the more substantial increase in the number of countries that recognize registered same-sex partnerships;
• the increasing openness of LGBT people in public life in many countries, so that openly LGBT artists or
politicians, for example, are no longer so unusual;
• the changes in public opinion that make it possible for LGBT individuals to be themselves and live their lives
as they wish, without fear; and
• the growing number of public and private institutions, including human rights organisations, trade unions
and other NGOs, that make it their responsibility to integrate the protection of LGBT human rights into
their daily work

BUT, …
These successes are only part of the story, and are valid for only a small part of the world. Much work still needs to be
done. Over time, all sectors of society must be scrutinized for existing rules and practices that still hinder the free,
open and equal participation of LGBT individuals. Among these sectors, specific priorities for action must be decided
by the LGBT human rights movement in each country, depending on their local circumstances.

- We demand that all governments develop and implement a comprehensive policy against sexual
orientation and gender identity discrimination in all sectors of society. This should preferably be done
within the framework of an overall anti-discrimination policy designed to tackle all forms of discrimination
in all spheres of life on all grounds - but without sweeping LGBT issues under the carpet.
- We demand that such an anti-discrimination policy focus on both legal equality, ending second-class
treatment by the state, as well as on social equality, fighting discrimination and prejudice throughout
society, including on the part of private parties.
- We demand that national parliaments hold their respective governments accountable; guaranteeing the
rights of all citizens, including LGBT citizens.
- We demand that LGBT experts and organization be involved in the planning and execution of such policies
and that the effects be properly monitored;
- We demand that LGBT human rights issues be mainstreamed in overall governmental policy-making. This
means that, before decisions are taken, the effects of policy proposals on the situation of LGBT individuals
must be identified and taken into account.
- We urge international LGBT organisations to

- continue to monitor national policy-making on LGBT issues,
- design comparable indicators of progress and improve their databases documenting
legislation and practices in different countries around the world.
- distribute information on best practices.

(b) By Sector

Fair chances in employment or business are essential for LGBT individuals to be economically independent,
maintain self-esteem, and lead a fulfilling and productive life. Sexual orientation or gender identity discrimination in
the workplace must be combated by all parties concerned, working together on the basis of well-designed
programmes, that are properly monitored.

- We therefore endorse the Plans of Action adopted yesterday by the "Workers Out!" and "Out for
Business!" conferences and will support the activities they have planned for the future.
- We demand that governments and public institution set a good example, by eliminating
discrimination against their LGBT employees, and promoting their equality and safety in the
workplace.

LGBT people are not isolated individuals. We fall in love, and establish relationships and families – however
configured. For many of us, these relationships and families are the most important parts of our lives. Unless they are
legally recognized, our rights to equality and dignity cannot be fully secured. Indeed, many countries are willing to
grant us equality in every area of our lives except in relation to our relationships and families, to ensure that our
relationships and families are stigmatized as inferior. As a matter of simple equality, same-sex couples are entitled to
the full range of relationship options available to different-sex couples, including marriage for those who choose it.
Similarly, LGBT individuals and same-sex couples who are parents, or wish to become parents, are entitled to equal
rights, and to equal access to the full range of parenting options available to heterosexual individuals and differentsex
couples, including adoption, fostering, and use of medically assisted procreation. Doing justice to the changing
realities of family life also entails recognizing and granting equal rights to non-marital relationships, and extending
this option to all couples, without discrimination based on sex, sexual orientation or gender identity.

- We therefore demand that all governments that have not yet done so reform family law in order
to reflect the growing diversity of family life,
- by opening-up legal marriage to same-sex couples,
- introducing similar partnership rights for all unmarried couples, and
- ensuring equal access for all to every option for parenthood.
Education, the media, health care, and religion are social institutions of crucial importance to the success or failure
of the struggle for LGBT human rights. Each has its own role to play and its own contribution to make.
- We demand that the competent (national or local) government authorities in charge of education
policies, including school boards
- include lessons on LGBT human rights in the school curriculum; and
- take action to combat intimidation and violence against LGBT pupils and teachers.
- We demand that the mainstream media contribute to breaking down stereotypes, and promote a
realistic visibility of LGBT people.
- We demand that health care facilities and individual health care providers be open to the special
health needs of LGBT people, fight prejudice, and supply relevant information on a nondiscriminatory
basis.
- We demand that governments permit all medical treatment necessary for gender reassignment,
that they fund such treatment to the same extent that their resources permit them to fund other
medically necessary treatment, and that they amend their legislation so as to permit a transgender
person to change their legal sex to the one that corresponds to their gender identity.
- We urge religious institutions and non-confessional organisations to put into practice the
principles of tolerance and equality towards LGBT individuals among their own ranks, and to
contribute to the fight for LGBT human rights in the world at large.

5. CREATING SOCIAL CHANGE

The legal, political and social changes that will bring LGBT individuals equal rights do not serve our interests only. In a
society where some people are oppressed, nobody can be free and equal. Bringing about the changes we want must
therefore be the result of the combined efforts of the LGBT human rights movement and other groups and
organisations, which share our vision and our goals.

- We call on LGBT organizations to continue their fight for LGBT human rights in all countries, as well
as at the international level, by
- mobilizing their rank and file, enlarging their constituencies and broadening their bases
of financial support;
- promoting better cooperation, coordination and solidarity among the LGBT communities
within countries, and throughout the world;
- making more LGBT and non-LGBT individuals aware of the need of further global action,
and invoking their sense of solidarity;
- building strategic alliances and co-operation between different organisations and
institutions inside and outside of the LGBT human rights movement;
- strengthening their knowledge and expertise and making their actions more
professional;
- encouraging LGBT cultural activities, so as to show a living reality and use culture to get
the message of LGBT equality across.
- We call on trade unions, professional organisations and NGOs working for human rights and social
welfare to participate in our fight against discrimination, to lend us their support, and to share
resources.
- We call on national and international companies to grant equal opportunities to their LGBT
workers, cater for the needs of their LGBT customers, and meet their social responsibility by
supporting the global fight for LGBT human rights.
- We call on religious institutions and non-confessional organisations to help their LGBT members
to overcome traditional prejudices and fight homophobia among their own ranks and in the
outside world.
- We call on funders to ensure that funding programmes support NGOs in working towards legal
and social equality for LGBT people, by advancing all of the objectives set out in this Declaration.
- We call on national governments to protect the rights and promote the interests and well-being of
all their citizens, including their LGBT citizens.
- We call on the international community to include LGBT human rights in the international human
rights agenda, and to support and protect LGBT human rights defenders.
- And – last but not least – we call on all countries in the world, and on the United Nations, to
recognise and promote the 17th of May of each year as the International Day against Homophobia.

These are our demands. It will take tremendous courage, great personal sacrifice, and countless hours of hard work
by many thousands of LGBT activists and friends of the global LGBT community. But our goal, equal rights for every
LGBT person in every country of the world, can be and will be achieved.

Latest revision as of 12:18, 24 September 2024

For other similarly named texts, see Declaration of Montreal (disambiguation).
Martina Navratilova and Mark Tewksbury read the Declaration of Montreal at the opening ceremonies of the World Outgames.
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The Declaration of Montreal on Lesbian, Gay, Bisexual, and Transgender Human Rights is a document adopted in Montreal, Quebec, Canada, on July 29, 2006, by the International Conference on LGBT Human Rights which formed part of the first World Outgames. The Declaration outlines a number of rights and freedoms pertaining to LGBT and intersex people that it is proposed be universally guaranteed. It encompasses all aspects of human rights, from the guarantee of fundamental freedoms to the prevention of discrimination against LGBT people in healthcare, education and immigration. The Declaration also addresses various issues that impinge on the global promotion of LGBT rights and intersex human rights. Intended as a starting point in listing the demands of the international LGBT movement, it will ultimately be submitted to the United Nations.

Background

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The Conference aimed to raise the international community's awareness of LGBT rights issues. It was held immediately prior to the Outgames themselves and attended by almost 2000 delegates and 600 conference speakers from across the world, making it the largest LGBT rights conference ever held.[1] A number of international experts took part including distinguished jurists, academics, church leaders and human rights activists.[2] Among them was Joke Swiebel a former member of the European Parliament, who served as one of the primary drafters of the Declaration.[3][4]: 87  The delegates unanimously approved the Declaration.[2]

Among the keynote speakers to the Conference were:[5]

The Declaration aims to address UN failings in consistently applying its Universal Declaration of Human Rights.[6] A number of fundamental freedoms, including the right to life, are violated in a number of member countries where homosexuality is criminalised. Homosexual acts are punishable by death in nine jurisdictions:[7] Afghanistan, Iran, Nigeria, Mauritania, Pakistan, Saudi Arabia, Sudan and Yemen.[8] They remain illegal in 72 countries,[9] and are in many cases punishable by imprisonment or corporal punishment.

Essential rights

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The Convention identifies several areas in which action needs to be taken to uphold the essential rights of LGBT people: "A world where LGBT rights are systematically violated, is a world where nobody can feel safe and free" referring to the principle of World Conference on Human Rights held in Vienna affirming that "All human rights are universal, indivisible, and interdependent and interrelated."[10]

Protection against state and private violence

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The declaration calls for an end to the death penalty and all violence against LGBT people whether state condoned or by private parties. States are required to take steps to protect LGBT people from all hate crimes. Forced marriages to persons of the opposite sex are identified as particular human rights violations to be combated.

Finally, violence against intersex people, in particular unnecessary surgery to force conformity to rigid models of sexual characteristics, is condemned as well as genital surgery to them unless they are old enough to understand it and consent to it.[7] This gave influence to Principle 18 (protection from medical abuse) of The Yogyakarta Principles.

Freedom of expression, assembly and association

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Laws which discriminate against LGBT people, such as bans of pride marches, LGBT journalism and registration of non-governmental organisations, are identified as a major stumbling blocks in campaigning for LGBT rights issues. The world community is therefore called upon to guarantee such rights and prevent their being denied by hostile public authorities.[11]

In addition, the international community is asked to take positive steps in promoting such rights. To this end, the Declaration calls for international development aid packages to be conditional on improvements in respecting human rights, including those of LGBT people. Financial aid is sought for groups campaigning for LGBT rights in areas where such people still fear for their lives or personal safety.[9]

Freedom to engage in consensual same-sex sexual activity

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The repeal of all laws preventing consensual same-sex activity is called for.[9]

Freedom from discrimination

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LGBT people face discrimination in many aspects of their lives. Governments are called upon to take positive actions to promote LGBT rights to freedom from discrimination in the following areas:

Asylum and immigration rights

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The United Nations High Commissioner for Refugees recognises a right to asylum for those fleeing persecution based on sexual orientation or gender identity. All countries are called upon to do the same. In addition, rights of residence for foreign partners are demanded to be free from discrimination against LGBT people.[10]

Family rights

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Families are stated to be the most important part of many people's lives. The Declaration requires marriages to be opened up to same-sex couples, all unmarried couples to have similar partnership rights and ensuring equal access for all to every option for parenthood, including adoptions by LGBT people.[12]

Education healthcare, media and employment

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In education, classes on LGBT human rights are sought and schools are required to take action against homophobic bullying. The media are called upon to assist in breaking down stereotypes and to portray LGBT people in a realistic manner. The necessity of access to health care in general and for the specific needs of LGBT people is stressed. In particular funding for sex reassignment surgery is expected to be provided to the same extent that it is for other medically necessary treatments. Finally, religious groups are encouraged to be tolerant towards LGBT people.[12]

Employment

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The Declaration calls for the development of programmes to promote fair chances in employment and business for LGBT people for their economic independence and self-esteem to be insured. Governments are asked to lead by example in eliminating such discrimination and in promoting the equality and safety of LGBT people in public sector workplaces and trade unions.[12]

Global issues in promoting LGBT rights

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To promote LGBT rights globally, the Declaration requires the international community to engage in a worldwide information campaign and calls upon like-minded NGOs and governments to assist in preparing and running such a campaign. Part of this campaign would be to provide education about the prevention and treatment of HIV and AIDS among LGBT people and governments are generally encouraged to include LGBT people in their fight against HIV and AIDS.[10]

The failure of the United Nations to recognise LGBT rights as human rights is condemned, despite the case law Toonen v. Australia by the United Nations Human Rights Committee.[9] It is requested that the new UN Human Rights Council adopt LGBT rights as part of its agenda and that the International Gay and Lesbian Association and other LGBT rights organisations be amongst the NGOs that are able to consult with the Council.[10] And at last, the Declaration calls on all nations in the world and United Nations to recognize and promote the 17 May of each year as the International Day Against Homophobia and Transphobia.[13]

Implementation

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The Montreal borough of Ville-Marie was the first elected body in the world to officially adopt the Declaration in on August 1, 2006,[14] whilst the New Democratic Party became the first political party to do so, by a unanimous vote of its federal convention on September 10, 2006.[15] Accordingly, the NDP's critic for LGBT rights, Bill Siksay, presented a motion in the House of Commons of Canada calling on the Canadian government to abide by the Declaration on September 20, 2006.[16]

The Declaration has also been adopted by the City councils of:[17]

See also

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Wikisource has original text related to this article:

References

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  1. ^ Vallée, Pierre (2006-07-15). "La Conférence veut laisser son empreinte: La Déclaration de Montréal fera état des griefs et revendications de la communauté internationale des LGBT". Le devoir, 1910– (Montréal) (Cahier F): F6 – via BAnQ numérique.
  2. ^ a b "Gay Games Montreal seen as 1st Class World Success". A2Mediagroup.com. 2006-08-08. Retrieved 2007-01-28.
  3. ^ "Drs. J. (Joke) Swiebel" (in Dutch). Leiden, Netherlands: Parlementair Documentatie Centrum. 2020. Archived from the original on 7 June 2022. Retrieved 5 June 2022.
  4. ^ Harvey, Jean; Horne, John; Safai, Parissa; et al. (2013). Sport and Social Movements: From the Local to the Global. London: Bloomsbury Publishing. ISBN 978-1-78093-557-7.
  5. ^ "International Conference on LGBT Human Rights, and the First World Outgames". More Light Presbyterians. 2006-08-13. Archived from the original on 2007-04-20. Retrieved 2007-01-29.
  6. ^ "L'ONU interpellée". Radio-Canada. 2006-07-28. Retrieved 2007-02-11.
  7. ^ a b Declaration of Montreal, 1. (a)
  8. ^ "The Death Penalty for Homosexual Acts". ILGA. 2000-07-31. Archived from the original on 2007-03-01. Retrieved 2007-02-05.
  9. ^ a b c d Declaration of Montreal, 1. (c)
  10. ^ a b c d Declaration of Montreal, 2.
  11. ^ Declaration of Montreal, 1. (b)
  12. ^ a b c Declaration of Montreal, 4. (b)
  13. ^ Declaration of Montreal, 5.
  14. ^ "Declaration of Montreal endorsed by Ville-Marie Borough!". fugues.com. 2006-08-02. Retrieved 2007-01-29.
  15. ^ "NDP formally adopts Declaration of Montreal on LGBT rights". billsiksay.ca. 2006-09-11. Archived from the original on 2007-03-11. Retrieved 2007-01-28.
  16. ^ "Siksay calls for LGBT rights to be adopted". New Democratic Party. 2006-09-21. Archived from the original on 2007-01-18. Retrieved 2007-01-28.
  17. ^ "Declaration of Montreal – Support, endorsements etc". Declaration of Montreal website. 2006-12-08. Archived from the original on 2007-02-18. Retrieved 2007-01-29.
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