Leveraging Regional Human Rights Mechanisms Against Universal Human Rights: The OIC Independent Permanent Human Rights Commission Study on Sexual Orientation

43 Pages Posted: 12 Sep 2018 Last revised: 16 Jan 2019

See all articles by Robert C. Blitt

Robert C. Blitt

University of Tennessee College of Law

Date Written: September 8, 2018

Abstract

This article critically assesses a recent study on sexual orientation and gender identity (SOGI) prepared by the Organization for Islamic Cooperation’s (OIC) Independent Permanent Human Rights Commission (IPHRC). The first two parts review the establishment of the IPHRC and the norms governing regional human rights mechanisms (RHRMs). Following this, the article demonstrates that the methodology and conclusions evidenced in the IPHRC’s SOGI study diametrically oppose substantive international human rights law, and furthermore undermine the intended purpose of RHRMs within the human rights system. The article concludes by recommending that human rights advocates and others clearly and publicly call out these incompatibilities, set baselines for necessary corrections, and work to develop meaningful, binding standards for RHRMs. Among other things, these standards should ensure that similar bodies orient their activities to promoting and protecting international human rights rather than undermining them.

Keywords: LGBT, Sexual Orientation, Gender Identity, Organization of Islamic Cooperation, Islam, Human Rights, Equality, Nondiscrimination, International Law, OIC, Regional Human Rights Mechanisms, Relativism, United Nations, Sharia

JEL Classification: K3, K33, K30, K4, R5, K42, Z18, K39, D73

Suggested Citation

Blitt, Robert C., Leveraging Regional Human Rights Mechanisms Against Universal Human Rights: The OIC Independent Permanent Human Rights Commission Study on Sexual Orientation (September 8, 2018). William & Mary Law Review Online, Vol. 60(1) 2018. Available at SSRN: https://ssrn.com/abstract=3246167

Robert C. Blitt (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996
United States

HOME PAGE: http://law.utk.edu/directory/robert-c-blitt

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