HRC63 - JST - Universal decriminalization of consensual same-sex conduct

Human Rights Council – 63rd Session
Joint Statement: Universal decriminalization of consensual same-sex conduct
7 October 2026

Mr. President,
Excellencies,
Ladies and gentlemen,

Human rights belong to everyone. No one should be arrested, punished, or imprisoned because of consensual same-sex conduct.

The universal decriminalization of consensual same-sex conduct is an imperative of equality, freedom and dignity. The obligation to protect the rights and freedoms of every person without any distinction nor discrimination of any kind is firmly anchored in the United Nations Charter, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture, the Convention on the Elimination of All Forms of Discrimination against Women, and other relevant international or regional instruments.

Where they remain in force, laws criminalizing consensual same-sex conduct expose individuals to prison sentences, fines, forced labor, corporal punishment, and even, in a number of countries, the death penalty. They fuel fear, stigma, and discrimination. They increase the risk of violence, particularly sexual violence, arbitrary arrests and detentions, enforced disappearances, torture, and other cruel, inhuman, or degrading treatment.

We welcome the progress made by many States that have reformed their legislation to decriminalize, bringing the total to two thirds of UN member States that do not criminalize consensual same-sex conduct. This shows that change is possible through each country's own legal paths, supported by dialogue, cooperation, and clear political will. We recognise the important role played by local human rights defenders in facilitating change, and emphasize that engagement with civil society organisations has been important in ensuring that the views and needs of those impacted by criminalization are fully considered.

Today, we call upon all States that still maintain laws criminalizing consensual same-sex conduct to review them without delay with a view to their repeal, in accordance with their legal processes and international human rights obligations and standards. There is an urgent need to clearly recognize that the criminalization of consensual same-sex conduct is incompatible with the fundamental principles of international human rights law.

Achieving universal decriminalization does not require societies to subscribe to a uniform cultural model. This is about ensuring that criminal law is never used to legitimize discrimination, marginalization, violence, or humiliation, and that no person lives in fear of being arrested because of consensual same-sex conduct.

The Universal Declaration of Human Rights states that all human beings are born free and equal in dignity and rights. Universal decriminalization is a necessary step to make this a reality for everyone.

Thank you.