ABSTRACT
This chapter begins with an overview of legal rights and international human rights and considers their characteristic differences. It identifies and outlines the main sexual orientation and gender identity (SOGI)-related human rights, as they originated in the Universal Declaration of Human Rights, before turning to examine the relevance of equality and non-discrimination legislation. The Yogyakarta Principles on Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity were adopted in 2007 by a group of human rights experts and augmented in 2018 by an additional ten principles. The western nations, including the Part II common law jurisdictions, passed through much the same stages in changing their laws relating to sexuality and gender, albeit with some differences in timing. Sexual orientation and gender identity, for some religions more than others, are governed by traditional beliefs, and this entitles religious persons and religious organisations to varying degrees of exemption from the SOGI-related requirements of equality and non-discrimination legislation.
