13th United Nations Forum on Business and Human Rights

Session co-organized by the Working Group on business and human rights, ILGA World and PGLE


Brief Description of the Session:
LGBTI+ persons are disproportionately affected by business activities, facing discrimination and violence that impact their rights to equality and non-discrimination and lead to compounding violations of other human rights. Discrimination and attacks occur in various forms, including harassment in the workplace, stigmatization on social media, biased representation in advertising, and exclusion in sports. These risks are exacerbated by intersectional discrimination involving factors such as race, ethnicity, disability, age, migratory status, and more. Hostile cultural, social, and legal environments further restrict the corporate respect for human rights of LGBTI+ persons.

This session will explore different measures implemented by States, businesses and other stakeholders to address gaps in protecting and respecting the rights of LGBTI+ persons in the context of business activities. Drawing on the recent report to the General Assembly by the UN Working Group on Business and Human Rights, titled “Protecting and respecting the rights of lesbian, gay, bisexual, transgender and intersex persons in the context of business activities: fulfilling obligations and responsibilities under the Guiding Principles on Business and Human Rights”, the session aims to identify effective strategies and share good practices in this field by fostering dialogue among diverse stakeholders.

Key Specific Objectives of the Session:
· Identify the key challenges for the respect of LGBTI+ rights in the context of business activities.
· Discuss the "smart mix of measures" necessary from States to adequately protect the rights of LGBTI+ persons against business abuses, highlighting emerging regulatory initiatives, policies and adjudications at the national, regional, and international levels.
· Exchange on business actions to prevent and redress human rights abuses against LGBTI+ persons in the workplace, marketplace, supply chain and communities where they operate, including when operating in jurisdictions that criminalize consensual same sex relationships.
· Explore how meaningful engagement with LGBTI+ persons, organisations defending LGBTI+ rights, and trade unions can be fostered to enhance the respect of the rights of LGBTI+ persons.
· Promote collaboration among stakeholders, including governments, businesses, civil society, and LGBTI+ persons.

Key Discussion Questions:
1. What are the most pressing challenges faced by LGBTI+ persons in the context of business activities?
2. What measures should States take to include consideration on LGBTI+ persons in NAP, mandatory human rights due diligence and to repel or amend any regulations that would hamper business respect of the rights of LGBTI+ persons?
3. How does policy coherence look like with regards to guaranteeing the rights of all in the context of business activities?
4. How could the UN Standards of Conduct for Business in Tackling Discrimination Against LGBTI People be effectively implemented to guide businesses in progressing beyond merely respecting the rights of their LGBTI employees in countries with established legal protections, to actively promoting and defending these rights in regions where such protections are limited or non-existent?
5. How could businesses address backlashes and legal risks when respecting the rights of LGBTI+ persons in their operations and value chains?
6. How can State-based judicial and non-judicial mechanisms, as well as operational-level grievance mechanisms be strengthened to address rights violations against LGBTI+ persons?
7. What role can stakeholders play in fostering collaboration and sharing good practices to advance LGBTI+ rights in the business sector?

Background reading:
· Protecting and respecting the rights of lesbian, gay, bisexual, transgender and intersex persons in the context of business activities: fulfilling obligations and responsibilities under the Guiding Principles on Business and Human Rights –Working Group report A/79/178
· UN Standards of Conduct for Business Tackling Discrimination Against Lesbian, Gay, Bi, Trans, & Intersex People, · Gender Dimensions of the Guiding Principles on Business and Human Rights – Working Group report A/HRC/41/43