Ideologies Do Not Help Protect Against Violence – Ordo Iuris Opinion for UN Report

The UN’s Independent Expert on Sexual Orientation and Gender Identity is preparing a report for the 81st session of the United Nations General Assembly entitled “Violence and discrimination based on sexual orientation and gender identity in humanitarian contexts.” In response to the call for input on the report, the Ordo Iuris Institute submitted an opinion, indicating the need to preserve the universal character of human rights and to base assistance efforts on the applicable norms of international law.

In the invitation, the UN’s expert notes that “[l]esbian, gay, bisexual, trans and other gender-diverse (LGBT) persons face heightened risks of violence and discrimination in humanitarian contexts, including prejudice-motivated attacks in situations of diminished security, scapegoating, so-called “morality” campaigns, conflict-related sexual violence, and under-recognised forms of intimate-partner and sexual and gender-based violence.” The report aims to examine the extent to which the humanitarian needs of so-called LGBT people are being met within the existing global “humanitarian architecture” and within national systems responding to armed conflicts, disasters, and other humanitarian crises.

In the submitted opinion, Ordo Iuris experts emphasize that the existing system for the protection of human rights (including the International Covenant on Civil and Political Rights, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and the Statute of the International Criminal Court) provides full and universal protection for every person against violence and discrimination. The opinion noted that introducing additional, specialized categories of protection based on subjective criteria leads to the fragmentation of the whole system, the weakening of its coherence, and the emergence of an artificial hierarchy of victims.

The Ordo Iuris Institute notes that, especially in the context of humanitarian crises (such as armed conflicts or natural disasters), applying uniform, neutral protection standards is crucial. The creation of parallel legal regimes, based on the concept of “gender identity,” may lead to inefficient allocation of limited resources, a weakening of trust in international institutions, and exacerbation of social tensions.

The opinion also emphasizes that the concept of “gender identity” is not grounded in binding treaties of international law or in the biological sciences. Ordo Iuris experts note that international law consistently relies on the category of biological sex, and that introducing criteria based on subjective self-identification into humanitarian procedures may lead to legal chaos, privacy violations, and threats to the safety of those most vulnerable to violence. As a result, such an approach could lead to the erosion of women’s and girls’ rights, particularly in areas such as protection against sexual violence, access to safe spaces, and ensuring adequate medical and psychological assistance in crisis situations.

Ordo Iuris emphasizes the need to maintain a distinction based on biological sex as the basis for organizing protection systems in crisis situations. According to Ordo Iuris experts, maintaining separate spaces for women and men in refugee camps, shelters, or medical facilities constitutes the fulfillment of states’ obligations arising under international law, particularly with regard to protecting women and children from sexual violence.

An important element of the opinion sent to the UN’s Independent Expert on Sexual Orientation and Gender Identity is also the emphasis on the role of religious organizations in the humanitarian aid system. Ordo Iuris legal experts point out that these entities are often responsible for a significant share of aid activities worldwide, and that excluding them on the basis of beliefs regarding gender, marriage, or family would constitute a violation of freedom of religion and conscience and would undermine the effectiveness of the entire aid system.

The Ordo Iuris Institute also refers to the principles of state sovereignty and subsidiarity, noting that matters of social policy, health care, or the definition of basic anthropological categories should remain the purview of states. The imposition of a uniform, ideological model by international institutions could lead to upsetting the balance of the international system and undermining trust in the UN.

The Ordo Iuris opinion also emphasizes the importance of the principle of proportionality in humanitarian operations. The Polish legal think tank notes that empirical data indicate a heightened vulnerability of women and girls to violence in crisis situations, which justifies prioritizing these groups in the allocation of available resources.

In conclusion, Poland’s Ordo Iuris Institute calls for a return to a universal, objective-criteria-based model of human rights protection that ensures equality before the law for all persons and the effectiveness of humanitarian efforts amid limited resources and growing global crises.

“In crisis situations, the clarity and objectivity of legal rules become particularly important. Humanitarian aid must be based on universal and verifiable principles, not on shifting ideological concepts. Only this approach guarantees effective protection for those most at risk of violence,” emphasizes Julia Książek of the Ordo Iuris Center for International Law.