Written answers

Monday, 8 September 2025

Department of Foreign Affairs and Trade

Human Rights

Photo of Sinéad GibneySinéad Gibney (Dublin Rathdown, Social Democrats)
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74. To ask the Minister for Foreign Affairs and Trade to commit to publicly supporting the Gender Apartheid Campaign and the explicit inclusion of the gender apartheid as a crime against humanity in the new UN treaty which was currently under consideration (details supplied); and if he will make a statement on the matter. [47041/25]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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For a number of years now Ireland has played an active role at the UN’s Sixth (Legal Affairs) Committee in promoting the need for a new Convention on Crimes against Humanity, based on the International Law Commission’s Draft Articles on the Prevention and Punishment of Crimes against Humanity. I’m glad to say that at the 79th session of the Sixth Committee last year, States adopted a resolution agreeing to hold a UN Conference of Plenipotentiaries on Prevention and Punishment of Crimes against Humanity. This Conference will meet in 2028 and conclude its work in 2029. The resolution also provides for the convening of a preparatory committee to meet in January 2026, and again in 2027, to consider the working methods of the Conference and to prepare the texts to be considered at it.

Ireland’s position on the issue has been very clear: we strongly support the elaboration of a convention on the basis of the ILC’s Draft Articles. Unlike other core international crimes (namely genocide and war crimes), there currently exists no stand-alone international instrument on the prevention and punishment of crimes against humanity. We see a convention on these crimes as essential to close a significant accountability gap in the international treaty law framework.

A key element in bringing States this far has been to assure them that any new convention will not represent a departure from the Rome Statute of the International Criminal Court, which in its Article 7 sets out the list and definitions of crimes against humanity. Those crimes include the crime of persecution on the basis of gender, which is mirrored in the ILC’s Draft Article 2, and it is not apparent therefore that there is a specific impunity gap with regard to the very serious criminal acts that constitute gender persecution in the ILC’s draft Articles.

While the Government is keeping under review the need for separate crime of gender apartheid, care must also be taken not to distract from the core objective of reaching agreement on a new Convention on Crimes against Humanity issue.

All crimes against humanity, including persecution on the basis of gender, are abhorrent and among the most serious of international crimes. A dedicated convention is the most important step in creating an international framework that prevents the commission of such crimes and punishes the perpetrators.

Photo of Pádraig RicePádraig Rice (Cork South-Central, Social Democrats)
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75. To ask the Minister for Foreign Affairs and Trade his views on the recent infringement by Burkina Faso on LGBTQ rights; and if he will make a statement on the matter. [47068/25]

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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We share the concern at the recent decision by the transitional parliament in Burkina Faso to pass legislation criminalising LGBTQI+ persons. The promotion and protection of human rights is a domestic and foreign policy priority for the Government, underpinned by our commitment to universal human rights. We recognise that LGBTQI+ people continue to suffer disproportionate levels of violence and face systemic discrimination in many countries, and we are active in advocating for their rights.

Ireland strongly supports efforts internationally to promote and protect the rights of LGBTQI+ persons, including through the European Union, the UN Human Rights Council and the UN General Assembly. We have engaged actively with the UN Independent Expert on Protection against Violence and Discrimination based on Sexual Orientation and Gender Identity, including at the June 2025 Human Rights Council. At the most recent Human Rights Council Universal Periodic Review of Burkina Faso, at the UN in Geneva in November 2023, Ireland recommended that Burkina Faso review the provisions of its Constitution to ensure protection for LGBTQI+ persons from all forms of violence and discrimination. We will continue to use every opportunity to reaffirm our commitment to the rights of LGBTQI+ persons, in Burkina Faso and elsewhere.

Ireland's international development cooperation programme, Irish Aid, is providing support for civil society organisations and human rights defenders working to defend LGBTQI+ rights in developing countries. Ireland has remained steadfast in our commitment to international development, and to the promotion and protection of human rights globally. We will continue to support our partners working at the frontlines to promote human rights and accountability.

Photo of Pádraig RicePádraig Rice (Cork South-Central, Social Democrats)
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76. To ask the Minister for Foreign Affairs and Trade his views on a potential global agreement or convention to decriminalise homosexuality and enhance LGBTQ rights; and if he will make a statement on the matter. [47069/25]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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The promotion and protection of the rights of LGBTI+ persons is a domestic and foreign policy priority for Ireland.

Ireland supports all efforts at international human rights forums to highlight and advance LGBTI+ rights, including through the European Union, the UN Human Rights Council, the Third Committee of the UN General Assembly, the Council of Europe, the Organisation for Security and Cooperation in Europe and the Organisation for Economic Cooperation and Development.

Ireland strongly supports the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, and participates in Interactive Dialogues with the Independent Expert at the UN in Geneva and New York, most recently at the June 2025 session of the Human Rights Council.

Ireland is a member of the UN LGBTI Core Group at the UN in New York and is an active contributor to the shaping of Core Group statements and events at the UN. Ireland is also a member of the Equal Rights Coalition (ERC), an intergovernmental body providing a forum for States to work together with civil society, cooperation agencies, and international organizations, among others to facilitate the exchange of information and best practices to create policies and actions that promote and protect the human rights and lives of LGBTI+ persons globally. 

The Government is in regular dialogue with civil society groups and takes account of their views when providing inputs and recommendations on issues relating to sexual orientation and gender identity at the UN Human Rights Council’s Universal Periodic Review (UPR). Sexual orientation and gender identity is one of the issues Ireland raises most frequently at the UPR – Ireland routinely makes recommendations concerning the repeal of discriminatory legal provisions; the implementation of comprehensive anti-discrimination policies; and ensuring equal rights for the families of same-sex couples.

Globally, working with like-minded partners, Ireland’s mission network plays an active role in advocating for the rights of LGBTI+ persons, including promoting human rights and equality, highlighting discrimination and human rights violations, as well as  advocating for the decriminalisation of homosexuality where it exists and against its criminalisation where this is contemplated.

Our diplomats also actively support LGBTIQ+ rights by participating in Pride parades and similar events across the world and offering support to LGBTIQ+ civil society organisations. 

I am not aware of any current proposals for a Convention relating to LGBTIQ + rights but will continue strongly to support implementation of existing human rights non-discrimination provisions in this regard.

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