Sexual Orientation and Gender Identity in the Universal Periodic Review

Abstract

The subject of this research is human rights related to Sexual orientation and gender identity in the Universal Periodic Review (UPR) of the United Nations. The UPR is a unique peer review mechanism which reviews all UN member states in a universal manner, but also a source of politicisation along regional lines. This politicisation has a detrimental effect on the universality of the process, especially in relation to controversial issues, such as human rights challenging of traditional perceptions about gender. The aim of this dissertation is to quantify and understand how states of different regional belonging accommodate for recommendations related to Sexual Orientation and Gender Identity. This is realised through a quantitative study including logistic regression and a simple multilevel analysis. The findings are explored within the theoretical framework of the debate between universalism and relativism linked with a feminist perspective on cultural relativism in order to illuminate specific characteristics of human rights related to gender norms. The study reveals that tendencies toward politicisation along regional lines are fortified in relation to the issue of Sexual Orientation and Gender Identity, challenging the universality of human rights. Furthermore, the level of economic and social development in the State under Review and the phrasing of the recommendations also influence states’ actions on these rights in the UPR.