Freedom of Religious Expression, Hate Speech, and Discrimination Based on Sexual Orientation and Gender Identity

Montserrat Gas-Aixendri is a full professor of law and religion at Universitat Internacional de Catalunya (Barcelona, Spain).

The 2023 Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity [1] examines the intersection between freedom of thought, conscience, and religion or belief and protection from violence and discrimination based on sexual orientation and gender identity. The mandate recognizes the importance of respecting religious value systems and demonstrates a commendable commitment to safeguarding religious freedom for everyone, including individuals with diverse sexual orientations and gender identities.

As W. Cole Durham, Jr., points out, the conflicts arising from competing claims of freedom of religion or belief (FoRB) and sexual orientation and gender identity (SOGI) have been key issues in the ongoing “culture wars” for quite some time. Dealing with this clash in a thematic report for the United Nations requires careful judgment and equilibrium.

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Religious Freedom and SOGI Rights: Reflections on the UN Independent Expert Report

In June 2023, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity published the report “Freedom of religion or belief, and freedom from violence and discrimination based on sexual orientation and gender identity.” The report covers various aspects of a theme that provokes seemingly endless and often bitter debates among human rights academics and practitioners and that draws lines of political polarization in societies across the globe.

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On Spiritual Resources and Common Homes: A Look at Crimes in Ukraine in Conversation with Raphael Lemkin and Pope Francis

Greg Marcar is a research associate at the Centre for Theology and Public Issues at the University of Otago (New Zealand). He is also a co-editor, with Tania Pagotto and Joshua Roose, of Security, Religion, and the Rule of Law: International Perspectives (Routledge, forthcoming).

Genocide

Coined by the father of the 1950 Genocide Convention, Polish Jewish lawyer Raphael Lemkin (1900–59), the term genocide combines the Latin term cide (killing) with the Greek term genos (group). In deciding on this combination of terms, Lemkin rejected the suggestion that cide should be more straightforwardly combined with the Latin genus.[1] Lemkin’s rationale for this centered on his belief that the Greek term was broader in scope than its Latin equivalent,[2] as exemplified for Lemkin by the epistles of (Pseudo)Plato, identifying philosophers as a genos.[3] For Lemkin and his supporters at the UN, what makes a particular collectivity a human genos is its religious, philosophical, or cultural spirit. Consequently, genocide signifies an attempt not only to eradicate a genos’s physical existence but also to destroy its cultural-spiritual “life.”[4] Indeed, Lemkin elsewhere argues that “[t]he philosophy of the Genocide Convention” entails that human groups be protected “not only by reasons of human compassion but also to prevent draining the spiritual resources of [hu]mankind.”[5] Although not always understood as such, the concept of genocide expounded by Lemkin was inextricably connected to human spirit.

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