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UCLA's Williams Institute Analyzes the United States’ Noncompliance with International Human Rights StandardsJuly 13, 2006 A new Williams Institute report identifies four ways in which the United States is noncompliant with antidiscrimination standards defined by the United Nations Human Rights Committee. Based on the Williams Institute’s empirical research, the report concludes that noncompliance harms a substantial number of gay and lesbian Americans and their families. The report was released as a delegation from the United States prepares to meet with the Human Rights Committee (HRC) in Geneva, Switzerland, on July 17 and 18 to discuss the United States’ compliance with the International Covenant on Civil and Political Rights (ICCPR). The HRC is a body of 18 independent experts that interprets the ICCPR and monitors state parties’ compliance with the treaty. The HRC’s interpretations of the ICCPR are not binding, but are highly persuasive and respected by the international legal community. The HRC has repeatedly stated that Article 26 of the ICCPR forbids sexual orientation discrimination. “By taking actions to comply with the ICCPR, as it has been interpreted by the HRC to protect sexual minorities, the United States would be catching up with its peer jurisdictions,” said the author of the report, Holning Lau, who teaches Law & Sexuality at the UCLA School of Law and serves as the Harvey S. Shipley Miller Teaching Fellow at the Williams Institute. The report identifies the following areas on noncompliance: First, unlike Canada, Australia, New Zealand, and the European Union, the United States has failed to pass a federal law forbidding discrimination based on sexual orientation. Second, the U.S. government also refuses to investigate federal civilian employees’ complaints of sexual orientation discrimination. Third, in contrast to its major allies, the United States bars openly gay, lesbian, and bisexual individuals from serving in the armed forces. Finally, the federal government fails to offer same-sex couples any form of legal recognition. For instance, the federal government does not recognize same-sex partnerships for immigration purposes. In contrast, Australia, Belgium, Brazil, Canada, Denmark, Finland, France, Germany, Iceland, Israel, the Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, Switzerland, and the United Kingdom all allow individuals to sponsor same-sex partners for immigration rights. The report also uses empirical findings to illustrate how noncompliance affects Americans. Census data and other data sources suggest that 4 to 6 million adults in the United States self-identify as gay or lesbian, and that same-sex couples are raising over a quarter million children under the age of 18. According to data from state agencies, the rate of sexual orientation discrimination complaints in the United States is comparable to the rate of sex discrimination complaints. Failure to protect sexual minorities from discrimination contributes not only to psychological harms, but also to economic harms. In the employment context, for example, Williams Institute researchers estimate that gay and bisexual men earn from 17 to 28 percent less than similarly qualified heterosexual men. The full text of the Williams Institute’s report, “Assessing the Harms of Noncompliance with the International Covenant on Civil and Political Rights’ Protections of Sexual Minorities,” can be accessed at http://www.law.ucla.edu/willamsinstitute. Professor Lau is available for press inquiries by phone (310-206-5782) and email (lau@law.ucla.edu). ###
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