Wikipedia

Victor Madrigal-Borloz

Victor Madrigal-Borloz is a Costa Rican lawyer. Between 2018 and 2023, he served as the United Nations Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (UN IE SOGI).[1] During his tenure at the U.N., Madrigal-Borloz has been noted for focusing his Human Rights Council mandate on investigating a broad and intersectional range of issues facing LGBT communities around the world, including conversion therapy,[2] criminalization,[3] socio-cultural exclusion,[4] anti-trans rhetoric,[5] and the outsized impact of the COVID-19 pandemic on vulnerable LGBT and gender-diverse populations.[6]

Victor Madrigal-Borloz
United Nations Independent Expert on Protection Against Violence and Discrimination Based on Sexual Orientation and Gender Identity
In office
2018–2023
Appointed byUnited Nations Human Rights Council
Preceded byVitit Muntarbhorn
Succeeded byGraeme Reid

Career

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Madrigal-Borloz started his career at the Inter-American Court of Human Rights in San José, Costa Rica. He then worked at the Danish Institute for Human Rights, and later returned to the OAS and served as Head of Litigation and Head of the Registry at the Inter-American Commission on Human Rights, where he was also the first staff member in a unit on the human rights of LGBTI persons.[7]

Starting in 2013, Victor served a four-year term as a member of the United Nations (UN) Subcommittee on the Prevention of Torture, a body of independent experts established pursuant to the Optional Protocol of the Convention against Torture (OPCAT) to monitor, assist and advise States in the adoption of policies and practices to prevent torture.[8] Madrigal-Borloz was named the Secretary-General of the International Rehabilitation Council for Torture Victims[9] also in 2013, an international non-governmental organization of over 144 centers providing rehabilitation to torture victims in 74 countries around the world.[10] He led the organization to affirm its vision of full enjoyment of the right to rehabilitation for all victims of torture and ill treatment.[11]

In January 2018, he commenced as UN Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity.[12][13][14] He has said that his focus would be "on banning so-called ‘conversion therapy’ and repealing discriminatory laws".[15] Madrigal Borloz is a signatory of the Yogyakarta Principles plus 10.[16] He is also a founding member of the Costa Rican Association of International Law[10] and a board member of the International Justice Resource Centre.[17]

In addition to his work as the Independent Expert, Madrigal-Borloz concurrently serves as the Eleanor Roosevelt Senior Visiting Researcher in Human Rights at Harvard Law School.[18]

Work as independent expert

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Madrigal-Borloz assumed the role of U.N. Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity (commonly known as the IE SOGI) in January 2018, after the inaugural holder of the mandate, Professor Vitit Muntarbhorn, stepped down for personal health reasons.[19]

As part of his Human Rights Council-mandated work, Madrigal-Borloz researches and publishes two thematic reports a year - one to the U.N. General Assembly in New York and another to the Human Rights Council in Geneva. Over the years, Madrigal-Borloz has published the following reports as part of his mandate’s research function:

Year: UN Human Rights Council Report UN General Assembly Report
2018 Violence and discrimination[20] Depathologisation and Legal Recognition of Gender Identity[21]
2019 Data collection and management[22] Socio-cultural and economic exclusion[23]
2020 Conversion Therapy[24] Impact of COVID-19 Pandemic on LGBT Persons[25]

In July 2019, in an official U.N. report, he called upon governments to fight back against religious authorities, leaders or agents that infringed LGBT rights through violence and discrimination, including hate speech.[26] He has also worked with other mandate holders to evidence how dynamics of exclusion affect LGBT people in different social indicators, such as health,[27] education,[28] and housing.[29]

In 2020, his report to the UN Human Rights Council garnered widespread international attention after it called for a “global ban” on the practice of conversion therapy against LGBTQ individuals.[30] During the COVID-19 pandemic, his office published the A.S.P.I.R.E. guidelines[31] - an intersectional human rights framework designed to advise governments on how to best protect the rights of vulnerable LGBT communities when devising pandemic-related public policies and interventions.[32]

In addition to his reports, Madrigal-Borloz conducted investigatory country visits and responded to individual allegations of state-sponsored violence and discrimination against LGBT persons. Under Madrigal-Borloz’s tenure, the mandate has conducted country visits to Georgia, Mozambique, and Ukraine.[33]

Madrigal-Borloz also traveled widely to meet with members of civil society to gather information for his thematic reports, and to assess the on-the-ground human rights situations of LGBT individuals and their advocates. The mandate frequently releases “calls for information” to local civil society actors as part of the mandate’s research and data collection process. In a nod to the intersectionality of the mandate’s nature, Madrigal-Borloz frequently partnered with other U.N. special procedures members - including the U.N. Special Rapporteurs on torture,[34] freedom of opinion and expression,[35] violence against women,[36] older persons,[37] and disability,[38] amongst others - on joint statements and reports.

References

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  1. ^ "Victor Madrigal-Borloz". Office of the High Commissioner for Human Rights. 2018.
  2. ^ "U.N. calls for global end to conversion therapy". NBC News. Retrieved 2020-11-18.
  3. ^ "UN SOGI Expert Urges End to Criminalization of Same Sex Relations". HRC. Retrieved 2020-11-18.
  4. ^ "Víctor Madrigal: "States should consider that the valuable contributions of LGBTI people to the construction of the social fabric is one of the ways to guarantee their recognition and inclusion" – Race and Equality". Retrieved 2020-11-18.
  5. ^ Madrigal-Borloz, Victor (2019-11-10). "The Australian media's portrayal of trans people is a betrayal of their human rights | Victor Madrigal-Borloz". the Guardian. Retrieved 2020-11-18.
  6. ^ Reid-Smith, Tris (2020-11-10). "UN expert says COVID has increased exclusion and violence against LGBT+ people". Gay Star News. Retrieved 2020-11-18.
  7. ^ "Victor Madrigal-Borloz Appointed Independent Expert on Sexual Orientation and Gender Identity". International Justice Resource Center. December 5, 2017. Retrieved 2018-08-17.
  8. ^ "Victor Madrigal-Borloz". International Justice Resource Center. 24 August 2011. Retrieved 2020-11-18.
  9. ^ World Without Torture (June 7, 2016). "What politicians and the public need to know about life after torture: An interview with Victor Madrigal-Borloz". Retrieved 2018-08-17.
  10. ^ a b International Rehabilitation Council for Torture Victims. "International Secretariat". Retrieved 2018-08-17.
  11. ^ "Victor Madrigal-Borloz – FASSTT". Retrieved 2020-11-18.
  12. ^ Agencia Presentes (December 6, 2017). "Víctor Madrigal-Borloz es el nuevo relator de la ONU para el colectivo LGTBI" (in Spanish). Retrieved 2018-08-17.
  13. ^ Department of State (December 11, 2017). "OAS LGBTI Core Group Welcomes the Appointment of Victor Madrigal-Borloz as UN Independent Expert on Protection Against Violence and Discrimination Based on Sexual Orientation and Gender Identity". Archived from the original on August 18, 2018. Retrieved 2018-08-17.
  14. ^ International Lesbian, Gay, Bisexual, Trans and Intersex Association (December 4, 2017). "ILGA Welcomes Victor Madrigal-Borloz's Appointment as New UN SOGI Independent Expert".{{cite web}}: CS1 maint: multiple names: authors list (link)
  15. ^ Chaudhry, Serena (June 19, 2018). "INTERVIEW-U.N. envoy wants global ban on 'barbaric' conversion therapies". Reuters. Retrieved 2018-08-17.
  16. ^ "Yogyakarta Principles plus 10". Archived from the original on 2017-12-01.
  17. ^ Victor Madrigal-Borloz
  18. ^ "Human Rights @ Harvard Law". hrp.law.harvard.edu. Retrieved 2020-11-18.
  19. ^ mmoneymaker (2017-12-02). "Victor Madrigal-Borloz Appointed as New UN Independent Expert on Sexual Orientation and Gender Identity". OutRight Action International. Retrieved 2020-11-18.
  20. ^ "OHCHR | Overview of violence and discrimination based on sexual orientation and gender identity". www.ohchr.org. Retrieved 2020-11-19.
  21. ^ "OHCHR | Report on Legal Recognition of Gender Identity and Depathologization". www.ohchr.org. Retrieved 2020-11-19.
  22. ^ "OHCHR | Report on data collection and management". www.ohchr.org. Retrieved 2020-11-19.
  23. ^ "OHCHR | Report on socio-cultural and economic inclusion of LGBT people". www.ohchr.org. Retrieved 2020-11-19.
  24. ^ "OHCHR | Report on Conversion therapy". www.ohchr.org. Retrieved 2020-11-19.
  25. ^ "OHCHR | Report on the impact of the COVID-19 pandemic on the human rights of LGBT persons". www.ohchr.org. Retrieved 2020-11-19.
  26. ^ Madrigal-Borlaz, Victor. "Protection against violence and discrimination based on sexual orientation and gender identity - A/74/181 - E - A/74/181". undocs.org. Retrieved 2019-09-25.
  27. ^ "OHCHR | Call for the effective implementation of SDG Goal 3: Removing barriers and closing the gap of health disparities for lesbian, gay, bisexual, trans and gender-diverse people". www.ohchr.org. Retrieved 2020-11-19.
  28. ^ "OHCHR | The inclusion of LGBT people in education settings; of paramount importance to "leaving no one behind"". www.ohchr.org. Retrieved 2020-11-19.
  29. ^ "OHCHR | The right to housing of LGBT youth: an urgent task in the SDG agenda setting". www.ohchr.org. Retrieved 2020-11-19.
  30. ^ "U.N. calls for global conversion therapy ban". Washington Blade: Gay News, Politics, LGBT Rights. 2020-07-10. Retrieved 2020-11-19.
  31. ^ OHCHR | Guidelines on COVID-19 response free from violence and discrimination based on sexual orientation and gender identity. wwww.ohchr.org
  32. ^ "LGBTI Rights | Independent Expert on SOGI publishes framework for LGBTI-inclusive State responses to COVID-19". ISHR. 5 July 2020. Retrieved 2020-11-19.
  33. ^ "OHCHR | Country visits". www.ohchr.org. Retrieved 2020-11-19.
  34. ^ "OHCHR | UN rights experts fear Uganda is using COVID-19 emergency powers to target LGBT people". www.ohchr.org. Retrieved 2020-11-19.
  35. ^ "OHCHR | Promote tolerance and diversity, speak out against hate and bigotry Statement by human rights experts on the International Day against Homophobia, Transphobia and Biphobia - 17 May 2019". www.ohchr.org. Retrieved 2020-11-19.
  36. ^ "OHCHR | Hungary / LGBT: New law proposal endangers rights of the trans and gender diverse persons, warns UN expert". www.ohchr.org. Retrieved 2020-11-19.
  37. ^ "OHCHR | "Unacceptable" – UN expert urges better protection of older persons facing the highest risk of the COVID-19 pandemic". www.ohchr.org. Retrieved 2020-11-19.
  38. ^ "OHCHR | COVID-19: The suffering and resilience of LGBT persons must be visible and inform the actions of States". www.ohchr.org. Retrieved 2020-11-19.
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