Human Rights Cities Approach and LGBTI+ Rights on Local-Level

22/02/2022 | Writer: Bahar Özden

Bahar Ozden wrote about the human rights cities approach and LGBTI+ rights on local level #forequality.

Introduction

The rights of the lesbian, gay, bisexual, trans, intersex or plus identities (LGBTI+) facing discrimination, violence and hate crimes based on their sexual identity and orientation are subject to international human rights protection, despite being violated frequently. Human rights violations based on sexual orientation and gender identity are exacerbated by forms of violence, discrimination and hatred targeted on other elements of identity such as ethnic origin, age, religion, disability, or economic and social status. The principles of equality and non-discrimination are fundamental elements of international human rights law.

 

The principles of international human rights are established by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, in addition to specific United Nations conventions such as the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child[1]. International human rights law applies to “everyone” without any discrimination, and LGBTI+ is included in the phrase “everyone”. In short, LGBTI+s are entitled to equal rights and freedoms on security, housing, social security, privacy, health, education, and transportation rights. As the administrative units closest to the society, local governments have the important and unique role in respecting, protecting, promoting these rights, and responsibility to fight against discrimination and to promote the application of the value of equality into the lives of the residents of the city. To undertake this role effectively, local governments should develop a perspective on respect and advocacy on human rights, while simultaneously supporting human rights through local policies and services.

 

What is a Human Rights City?

The reasons for the rise of human rights cities in different geographies of the world in the last twenty years are the efforts to find local solutions to increasing and complex urban problems and deepening inequalities, and the critical role of local governments in providing the most vital services as we experienced during the pandemic. This approach, which stands out with its potential to strengthen equality and social justice within the cities, holds an important promise on the realization and tangibility of international human rights, which are often perceived as abstract and theoretical ideas[2].

 

The human rights city approach - which brings human rights and local governments together - can be defined as the implementation of universal human rights norms and standards at the local level, while taking municipalities as fundamental reference points. In this context, it includes the objectives of including human rights in urban policies, practices, and services, and, thus, adaptation of human rights in local and daily lives.

 

Being the most developed administrative unit that is closest to the public, municipalities (in comparison to central governments), take decisions and produces services that directly impact the daily lives of the public. Despite that the central government have the primary responsibility for the protection and promotion of human rights, municipalities play a complementary role to this mandate, as they implement international and national human rights strategies and policies in everyday life.

 

While the target of sustainable cities, social cities, healthy cities, energy-friendly cities, intercultural cities, age-friendly cities, women-friendly cities, child-friendly cities, rainbow cities for LGBTI+ equality and many other similar urban networks are the local governments, their objectives are generally to improve the quality and the environment of the urban life. The basis of this objective is the implementation of human rights such as rights on health, environmental, social, economic, and cultural rights, in the routine lives of the residents of the city through local government policies and practices.

 

From this point of view, the human rights cities approach can be interpreted as an umbrella concept. Within the framework of aiming to better the quality of lives of the city residents with its partnerships with the aforementioned networks, the human rights cities approach necessitates local governments and municipalities to have a human-rights based approach. In other words, it necessitates that the municipal policies, council decisions, strategic planning, programming, and practices comply and cohesion with the human rights standards. It defines citizens as the right-holders and the municipality as the main duty-obligation-holder. The human rights-based approach separates itself from the charity-based approach that defines an individual as a victim or one who needs help as well as needs-based approaches, and entitles individuals to their rights. For instance, while participation is defined as a strategy on a needs-based approach, the rights-based approach considers participation to be a fundamental right and objective. Within this scope, the human rights cities approach interlinks local governments’ services with human rights, and aims to provide capacity development for local governments to fulfil legal authorities and obligations that fall under their responsibilities on participation, equality, non-discrimination, inclusivity, and accountability. Through this channel, the human-rights based approach supports the improvement of urban living for LGBTI+s and other disadvantaged groups.

 

Although there is no single definition at the global level, a common political commitment framework or a standard method proposal, recently "human rights cities" and their practices have been on the agenda more frequently. Especially as a result of enhanced ownership and cooperation of local governments with national, regional and global associations on the human-rights based approach, local practices based on local conditions and examples have emerged across the globe. In the broadest terms, the human rights cities can be defined as participatory, inclusive, egalitarian, accountable and democratic local governments that take international human rights principles and standards as a guide in their local policies, plans and programs, institutional structures, activities, and services by referring to international human rights conventions.

 

Historic Evolution of Human Rights Cities

While the human rights cities appear as a relatively new approach, the interconnectedness of human rights with the local governance have been reflected concretely during the period where the international human right framework was drafted, by Eleanor Roosevelt, a pioneer of the Universal Declaration of Human Rights. In a speech given in 1958, Roosevelt described the place where universal rights start as the place closest to home, and she interlinked human rights with the neighborhoods that are lived in, schools that are attended, and the workplaces that individuals work, and reflected that if these rights are not realized in aforementioned spaces, rights could not be realized anywhere else.

 

About a decade later, in 1968, French sociologist and philosopher Henri Lefebvre conceptualized the expression "the right to the city " for the first time as an anti-capitalist manifesto against inequalities in cities. In the broader sense, the right to the city can be defined as the equal access of residents of the city to the economic, social, cultural opportunities provided in urban spaces, in addition to equal participation of all residents in decision-making processes -in line with the basic rights and freedoms of the city residents. In this context, the right to the city envisages a radical transformation of social and economic relations and political processes of the urban space, beyond the local realization of human rights. The Charter defines the right to the city as the fair use of cities in line with the principles of sustainability, democracy, equity, and social justice. However, unlike the concept of the right to the city, which envisages an anti-capitalist transformation, the term "human rights cities" which focuses on the local implementation of international human rights was first used in 1997 by the People's Movement for Human Rights Education, headquartered in the United States. used by the international non-governmental organization. Within the scope of the human rights city program developed by this international organization, the City of Rosario in Argentina adopted the Universal Declaration of Human Rights as a fundamental guideline for its’ Municipality through a parliamentary decision. Thus, today’s Rosario which is known for its’ best practices and pioneering policies for LGTQI+ rights; declared itself as the first human rights city in 1997. In the following period, inspired by this example, Graz (2001), Montreal (2006), Mexico City (2010), Barcelona (2010), Gwangju (2011), Utrecht (2011), Vienna (2014), York City (2017), and Lund (2018), have also declared themselves as human rights cities.

 

The city of Gwangju, published the Gwangju Human Rights Cities Declaration in 2011, which defines the human rights city as “a local society and socio-political process in the local context, where human rights play a key role as core values and guiding principles”. Similarly, within the framework of the declarations and pre-conditions, the aforementioned countries took on the responsibility of adopting international human rights principles as core frameworks, and set up action plans and indicators to ensure that human rights are reflected on urban policies and services. The aforementioned cities also started activities and efforts such as conducting human-rights based monitoring and evaluation analysis, giving human rights training, setting up human rights units within the municipalities, and establishing committees with the participation of universities and civil society organizations.

 

In addition to this, the World Human Rights Cities Forum, which has been held in Gwangju, South Korea annually since 2011, became a platform where local, regional, and global actors working on supporting the human rights cities approach and practices get together. Mandated with strengthening different regional experiences, and coordination between initiatives, Forum also plays an important role in the definition and prevalence of local government's agenda on human rights and local democracy at a global level. Representatives of the cities, including the aforementioned cities, networks, experts, academics and civil society organizations join the Forum to discuss and enhance cooperation annually. The human rights cities approach, which is embraced and developed by local governments and civil society organizations, has also supported and addressed central governments through regional, global, and international organizations. In this framework, the European Congress of Local and Regional Authorities within the Council of Europe developed The European Charter of Local Self-Government and the European Urban Charter I (1992), which states the basic characteristics of the principles of local democracy, autonomy, and subordination. In addition, the Charter also developed European Urban Charter II (2008) as a manifesto for a new approach to cities and urbanization, which became a vital guideline for local governments on right to the city. 

According to the fundamental approach adopted by the United Nations of Europe, local governments are closer to their citizens on a daily basis, hence having larger responsibility to address the daily issues on human rights. Because of this, human rights have direct and strong links with local governance. While providing services, local governments are expected to complement and strengthen citizens opportunities to benefit from services related to human rights such as education, health, and environment.  

The duties of local governments in the field of human rights are divided into three main categories in the United Nations' 2015 "Research-Based Report on the Role of Local Governments in the Promotion and Protection of Human Rights”[3]. These categories are (1) the duty to respect the rights, (2) the duty to protect the rights, and (3) the duty to ensure the enjoyment of rights. The duty to respect the rights refers to local governments’ obligation not to violate human rights through their actions. Because of this principle, local governments must avoid interfering with the rights and freedoms of persons within their administration. In the context of the right to health, local governments should allow, for example, migrant and refugee groups to benefit from municipal health facilities. The duty to respect, on the other hand, refers to taking measures to ensure that the third parties do not violate the rights and freedoms of individuals. For example, local governments have the responsibility to create safe urban spaces that will reduce the risk of violence against women as their duty to protect. The duty to ensure the enjoyment of rights refers to local governments’ responsibility to take action to facilitate the enjoyment of human rights and freedoms by the people that it regulates. In this sense, local government's support, and initiatives on providing vocational courses, referrals and training opportunities to migrants and refugees would be a good example of the local government's duty to ensure the enjoyment of human rights in access to education and labor. In the scope of fulfilling these duties, local governments can establish equality units; to prevent individuals from being discriminated against while enjoying their fundamental human rights, and to address the daily needs of its citizens issues on human rights closely.

Human Rights Cities are Possible!

Local governments should pay special attention to the protection and promotion of the rights of vulnerable groups such as individuals with disabilities, individuals who are exposed to gender discrimination, LGBTI+ individuals and groups, children, the elderly, as well as the migrants and refugees.

 

The European Charter for the Protection of Human Rights in the City (2000) defines the city as a collective space that belongs to its’ residents who addresses the cities’ conditions of cultural, social, economic, political and ecologic development. In this definition, residents of cities also have the responsibility to maintain solidarity among the society. Human rights and equality in their’ genuine form can be achieved at the local level by eliminating discrimination and adapting the city's administration, institutions and services to the differing and diversifying needs of the residents. Diversity at the local level is resource-rich, and it is possible to achieve a common and inclusive human rights city through acknowledging, seeing, and including all the differences. Equal access to local services for different vulnerable groups in the city and security in public spaces can only be achieved through public policies that enable participation. The most fundamental step of inclusive and accessible service delivery is including participants in the planning and design processes, namely the residents who use the services and spaces as well as the residents who are unable to use services and spaces due to discrimination, exclusion or other reasons.

 

For instance, the planning and design of existing green spaces and parks in a neighborhood can only be inclusive if the needs of the groups’ who are residents of the neighborhood and visitors of the park are considered. The daily experiences and concerns of LGBTQI+ individuals and women, in frequency and reasons for visits, security and accessibility issues should be identified, become visible and included in the design and planning process of the parks and recreational spaces. While facilitating the work of local governments, such inclusive processes would effectively create right-based public service design and planning. Such inclusive processes are the only method to be used in achieving public spaces and services that is accessible and safe for everyone. The protection and promotion of human rights of the LGBTQI+s and other disadvantaged groups, and sensitivity and awareness in social gender equality could be developed through participatory planning and making public services accessible to every individual.

 

There is a long and comprehensive list of what local governments should do about discrimination, social exclusion, violence/homophobia and/or transphobia and hate crimes that LGBTI+ groups are exposed to, in addition to recommendations in the areas of fighting against discrimination, equality, accessibility to urban services, participation and security in public spaces. There is a strong potential for local governments on achieving equality on sexual orientation and gender identity, including, participation in decision-making, inclusive services, promotion of social awareness on LGBTQI+ visibility, collaborations and programs targeting the empowerment of LGBTQI+s. Municipalities develop policies and services that regulate a wide range of fields including, parks and gardens, transportation, social services, health, and culture, that would be vital in fostering LGBTQI+ equality on access to cities[4].

 

Nijmegen City Council in the Netherlands for instance launched the “Pink Key Pass”[5] project, which aims to make nursing homes and elderly care services more accessible to LGBTI+ individuals and create care institutions that are more inclusive of sexual orientation and gender identity. To ensure that LGBTQI+s are included, the municipality carries out regular inspections with community members and families. Since its inception in 2008, the scope of this practice has been extended from care facilities targeting the elderly to facilities targeting LGBTI+s with chronic diseases and mental health problems, and other services over the years.

 

As a solution to recurring hate crimes of homophobia and transphobia that is faced by the LGBTQI+ community, Madrid Municipality started programs that bring LGBTQI+ groups and municipality staff (i.e., police officers, psychologists) who received specialized training, such as the “END to Homophobia and Transphobia”[6]. As a result of this program and collaboration with LGBTQI+ groups, Madrid Municipality created a team that has expertise in fighting against hate crimes and discrimination. In the scope of this program, the “SOS Homophobia” helpline serves as a referral and support unit for LGBTQI+ individuals who experience harassment, stalking, physical and verbal abuse on their gender identity and sexual identity.

 

To achieve human rights and equality, while overcoming LGBTQI+ struggles, the human rights cities approach creates an important common ground and language for local governments and civil society organizations in promoting LGBTI+ rights and defines a set of concrete bases, structures, tools, and indicators within the framework of a human rights-based approach for municipalities[7].

 

Legal Base:

·      National and Regional Human Rights Conventions,

·      All rights,

·      Sustainable Development Goals,

·      International Human Rights Watch Mechanisms.

 

Structures:

·      Declarations and Commitments,

·      Elected representatives,

·      Human Rights Office,

·      Advisory Council,

·      Partnerships,

·      Local Monitoring and Evaluation,

·      Annual Planning.

 

Tools:

·      Human-Rights Based Approach,

·      Mainstreaming,

·      Capacity-building Training,

·      Budgeting,

·      Action Plans,

·      Indicators,

·      Disaggregated Datasets,

·      Impact Assessments,

·      Communication (Visibility) and Awareness.

 

A good example of establishing human rights cities would be the transformation of the Municipality of Barcelona, which defines itself as the City of Human Rights from the 1990s onwards. The Municipality of Barcelona, which has focused on human rights and the right to the city in cooperation with civil society organizations, established institutional structures that protect the rights and support participatory processes:

 

·      The Civil Rights Assembly Commission, which was formed from municipal representatives elected in 1995,

·      Anti-Discrimination Unit, established in 1998,

·      The LGBTQI+ Assembly, established in 2004,

·      The Barcelona Discrimination Observatory was established in 2017.

 

By taking the aforementioned steps, Barcelona started implementing policies and practices that focus on the protection and promotion of human rights in the city. The first LGBTQI+ Action Plan, which became a tool for mainstreaming LGBTQI+ issues to every institutional structure and service of the municipality were implemented between 2010-2015, which was preceded by the second action plan between 2016-2021. Today, the City of Rights Barcelona Program, based on the right to the city concept, human rights approach, and intercultural and feminist perspectives, aims to achieve equal access to all human rights recognized and guaranteed by the city[8]. The most recent joint structure that is developed with the cooperation of municipality and civil society organizations is Barcelona Discrimination Observatory, which is established in 2017[9]. This is a working area where local experience, information-sharing and cooperation is strengthened to provide the best possible support to LGBTQI+s and other disadvantaged groups who are exposed to discrimination. By making regular monitoring and annual reporting, this initiative aims to raise awareness on discrimination targeted towards different groups in the city; and provide data collection to design strategies that address the issues.

 

As a result, the human rights cities approach provides a holistic perspective on the protection of LGBTQI+ rights and promotion of inclusive societies through defining the responsibilities of local governments on equal urban policies and services. In line with this, the human rights cities approach also provides a supportive framework for local policy design directly based on human rights, as well as providing three pillars of the legal basis, structures, and tools, to implement policies and diversify best practices on a local level.

*This article was produced with the financial support of the European Union. Its contents are the sole responsibility of Kaos GL Association and do not necessarily reflect the views of the European Union.

Translation: Yiğit Mahmutoğlu

Tags: human rights