Original: Spanish declarations and resolutions adopted by the general assembly




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HUMAN RIGHTS, SEXUAL ORIENTATION, AND
GENDER IDENTITY

(Adopted at the fourth plenary session, held on June 7, 2011)

THE GENERAL ASSEMBLY,
TAKING INTO ACCOUNT resolutions AG/RES. 2435 (XXXVIII-O/08), AG/RES. 2504 (XXXIX-O/09), and AG/RES. 2600 (XL-O/10), “Human Rights, Sexual Orientation, and Gender Identity”;
REITERATING:
That the Universal Declaration of Human Rights affirms that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in that instrument, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status; and
That the American Declaration of the Rights and Duties of Man establishes that every human being has the right to life, liberty, and the security of his person without distinction as to race, sex, language, creed, or any other factor;
CONSIDERING that the Charter of the Organization of American States proclaims that the historic mission of the Americas is to offer to man a land of liberty and a favorable environment for the development of his personality and the realization of his just aspirations;
REAFFIRMING the principles of universality, indivisibility, and interdependence of human rights;
TAKING NOTE of the Declaration on Sexual Orientation and Gender Identity, presented to the United Nations General Assembly on December 18, 2008; and
NOTING WITH CONCERN the acts of violence and related human rights violations as well as discrimination practiced against persons because of their sexual orientation and gender identity;
RESOLVES:


  1. To condemn discrimination against persons by reason of their sexual orientation and gender identity, and to urge states, within the parameters of the legal institutions of their domestic systems, to adopt the necessary measures to prevent, punish, and eradicate such discrimination.




  1. To condemn acts of violence and human rights violations committed against persons because of their sexual orientation and gender identity; and to urge states to prevent and investigate these acts and violations and to ensure due judicial protection for victims on an equal footing and that the perpetrators are brought to justice.

  2. T

    o encourage the member states to consider, within the parameters of the legal institutions of their domestic systems, adopting public policies against discrimination by reason of sexual orientation and gender identity.






  1. To urge states to ensure adequate protection for human rights defenders who work on the issue of acts of violence, discrimination, and human rights violations committed against individuals on the basis of their sexual orientation and gender identity.




  1. To request the Inter-American Commission on Human Rights (IACHR) to pay particular attention to its work plan titled “Rights of LGTBI People” and, in keeping with its established practice, to prepare a hemispheric study on the subject; and to urge member states to participate in the report.




  1. To ask the IACHR and the Inter-American Juridical Committee each to prepare a study on the legal implications and conceptual and terminological developments as regards sexual orientation, gender identity, and gender expression, and to instruct the Committee on Juridical and Political Affairs to include on its agenda the examination of the results of the requested studies, with the participation of interested civil society organizations, before the forty-second regular session of the General Assembly.




  1. To request the Permanent Council to report to the General Assembly at its forty-second regular session on the implementation of this resolution. Execution of the activities herein shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

AG/RES. 2654 (XLI-O/11)

PROTECTING THE HUMAN RIGHTS OF OLDER PERSONS27/28/
(Adopted at the fourth plenary session, held on June 7, 2011)

THE GENERAL ASSEMBLY,


RECALLING resolution AG/RES. 2562 (XL-O/10), “Human Rights and Older Persons,” adopted during the fourth plenary session of the General Assembly, held on June 8, 2010;
TAKING NOTE of the presentations and recommendations made by member states, experts from the academic sector and civil society, as well as international organizations, at the special meeting of the Permanent Council held on October 28, 2010 (CP/CAJP-2801/10 rev. 1), in fulfillment of resolution AG/RES. 2562 (XL-O/10) “Human Rights and Older Persons”;
TAKING INTO ACCOUNT the contributions of the Pan American Health Organization (PAHO) included in resolutions CD49.R15 (2009), Plan of Action on the Health of Older Persons including Active and Healthy Aging; and CD50.R8 (2010), Health and Human Rights, adopted by PAHO’s Directing Council; as well as the contributions of the Economic Commission for Latin America and the Caribbean (ECLAC), in particular the Regional Strategy for the Implementation in Latin America and the Caribbean of the Madrid International Plan of Action on Ageing of 2003 and the Brasilia Declaration (2007);
REITERATING its concern over the lack of studies and reports at the hemispheric level on specific institutions and mechanisms related to the rights and needs of older persons, in particular on violations and infringements of their human rights and freedoms, which makes it necessary to move forward with the creation of international instruments to address their specific needs for their protection;
TAKING INTO ACCOUNT:
Efforts underway at the United Nations and its agencies to effectively identify and address the particular needs of older persons, including considering, as appropriate, the feasibility of further legal instruments and measures regarding the rights of older persons; and
The advisability that it be possible, in framework of the Organization of American States (OAS), to add value to existing efforts and meet a need that is not being addressed elsewhere,
RESOLVES:


  1. To request the Permanent Council to establish a working group composed of national representatives and experts from the academic sector and civil society, as well as from international organizations and specialized agencies, to prepare a report by the end of 2011, analyzing the situation of older persons in the Hemisphere and the effectiveness of binding universal and regional human rights instruments with regard to protection of the rights of older persons.




  1. To request the Working Group to prepare, based on the findings of the report mentioned above, a draft inter-American convention for the advancement and protection of the rights of older persons, which shall be submitted to the Permanent Council before the end of the first half of 2012 and which recommends other measures to further implementation of existing international conventions.




  1. To urge member states, in collaboration with civil society, to take additional actions to make older persons, their families and caregivers, as well as other relevant stakeholders, aware of their rights and responsibilities, so as to uphold the dignity and safeguard the physical, mental and social well being of older persons.




  1. To welcome efforts underway at the United Nations and its Open-ended Working Group on Ageing to address issues facing older persons in our member states, including considering, as appropriate, the feasibility of further legal instruments and measures regarding rights of older persons.




  1. To encourage the Pan American Health Organization (PAHO) and the Economic Commission for Latin America and the Caribbean (ECLAC) to continue their cooperation with the OAS General Secretariat, member states, experts from the academic sector, civil society, and international organizations to promote regional cooperation, inter alia by identifying best practices for designing public policies that address the specific needs of older persons in the Hemisphere within the context of universal and regional human rights instruments.




  1. To request the Permanent Council to report to the General Assembly at its forty-second regular session on the implementation of this resolution, the execution of which shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

7. To urge the General Secretariat to provide, through the area responsible for monitoring this issue, ample technical support to the Working Group to be established pursuant to operative paragraph 1.



1
FOOTNOTES

1. the UN Open-ended Working Group on Ageing concerning a recommended approach to addressing the needs of this vulnerable group. Canada is notably concerned by the prospect of duplication of international work in this area and believes it prudent to await clarification from the UN Open-ended Working Group concerning what gaps may exist in the current international rights framework in this area and what additional instruments, if any, may be required before the OAS considers the relative merit of moving ahead with an inter-American convention. Canada encourages the OAS to focus on implementing existing human rights resolutions and on strengthening the effectiveness of existing human rights instruments rather than creating new and potentially duplicative processes before there is a clearly identified need.


2. the advancement and protection of the rights of older persons at this time, while a UN working group is assessing whether such an instrument is needed.  Rather, we believe that the OAS should await the conclusions of the UN group, and consider those conclusions, before deciding whether to undertake a potentially lengthy, costly, and duplicative negotiating and drafting process.  We, therefore, reserve our position on the necessity of creating any new international instruments, including a draft inter-American convention, to protect the rights of older persons.

AG/RES. 2655 (XLI-O/11)




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