Response to the UN’s “Call for Input to a Thematic Report: Freedom of Religion or Belief (FoRB) and Sexual Orientation and Gender Identity (SOGI)”

The following is a response to a United Nations’ “Call for Input to a Thematic Report: Freedom of Religion or Belief (FoRB) and Sexual Orientation and Gender Identity (SOGI).” Victor Madrigal-Borloz, UN Independent Expert on protection against violence and discrimination based on SOGI, issued the call to inform his June 2023 report to the UN Human Rights Council on the right to FoRB in relation to SOGI. 

Principal author of this response is W. Cole Durham, Jr., founding director of the International Center for Law and Religion Studies (ICLRS). Contributors include Alexander Dushku, shareholder at Kirton McConkie; Scott E. Isaacson, shareholder at Kirton McConkie and ICLRS senior fellow; Denise Posse Lindberg, Utah senior district judge (Third District Court, inactive) and ICLRS senior fellow; and David H. Moore, former UN Human Rights Committee member and current associate director of the ICLRS and Sterling and Eleanor Colton Endowed Chair for Law and Religion at Brigham Young University’s J. Reuben Clark Law School. This Response reflects the personal views of the author and contributors and not necessarily those of their employers or sponsoring institutions.

Tensions regarding competing claims for freedom of religion or belief (FoRB) and sexual orientation and gender identity (SOGI) rights have been central to “culture wars” for many years. Addressing this tension in the context of a thematic report for the United Nations calls for particular wisdom and balance. A holistic approach sensitive to the countervailing considerations is particularly vital in this area. In many parts of the world, resentment of LGBT+ agendas takes the form of general disenchantment with the international human rights movement. On the other hand, FoRB claims in certain quarters are read as masks for bigotry. Such polarized and polarizing positions are both excessive and surely mark a failure of discourse and a deeper failure to apprehend the reciprocal claims to human dignity involved.

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Cisnormativity and Christiannormativity at the Strasbourg Court: Reflections on Gender and Religion

Eugenia Relaño Pastor is Assistant Professor in the School of Law, Complutense University, Madrid (Spain), and Cooperation Partner in the Department of Law and Anthropology at the Max Planck Institute for Social Anthropology, Halle (Germany). [1]

Europe is suffused with Christianity, or at least memories of its past influence.

—Andrew Higgins[2]

Those searching to have their gender legally recognized by the European Court of Human Rights (ECtHR or Strasbourg Court) and members of religious minorities who pursue equal rights and privileges enjoyed by dominant religious groups may not apparently share much in common. However, the following post sheds light on the similarities in the demands coming from gender and religious minorities. An initial examination unveils three common features shared by gender and religious minorities in searching for effective freedom: (1) the bias embedded in heteronormative laws and traditional church-state relations, (2) the experience of intersectional forms of discrimination, and (3) a self-determination approach to gender and religion.

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Ukrainian Churches and the Implementation of the Istanbul Convention in Ukraine: Being European Without Accepting “Gender”

Regina Elsner is a researcher at the Centre for East European and International Studies (ZOiS) in Berlin.

The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, known as the Istanbul Convention, appeared not only to be an instrument of preventing domestic and gender-based violence but also to symbolize a civilizational choice in times of culture wars. On 1 November 2022, the Istanbul Convention entered into law in Ukraine. After years of controversial public debates and two unsuccessful attempts, the Ukrainian Parliament finally ratified the Convention amidst Russia’s aggressive war.

Ukraine participated in drafting the Istanbul Convention and signed it in 2011. Since that time, the country struggled over the ratification of the Convention and its implementation into Ukrainian law and society. One of the main obstacles has been religious communities and conservative groups, which strongly oppose the use of the term gender as well as references to gender identity and sexual orientation in the text of the Convention. At the same time, most religious actors in Ukraine are supportive of the “European” choice of Ukraine and the more general concept of “European values.” Thus, in Ukraine we have witnessed a more complex religious attitude to gender discourse than mere endorsement of illiberalism or “right-wing defiance to West-Eurocentrism.”[1]

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