ABSTRACT

The sexual orientation and gender identity (SOGI)-related aspects of that world are unlikely to have featured much in her ruminations, but in the intervening 60 years they have come to form a distinct strand of human rights that touches on many aspects of the life of her notional individual person. The UN Special Rapporteur once suggested that fundamental human rights principles, as well as existing human rights norms, lead ineluctably to the recognition of sexual rights as human rights. Sexual rights include the right of all persons to express their sexual orientation, with due regard for the well-being and rights of others, without fear of persecution, denial of liberty or social interference. Requiring human rights not only to recognise and address SOGI status but to accommodate post-binary and intersex concepts and then to configure the application of SOGI-related human rights to issues arising in the complicated contemporary “world of the individual person” would most probably have been outside her contemplation.