UN Report: Criminalize Criticism of Gender Theory

By | September 30, 2021

NEW YORK, October 1 (C-Fam)  A new report transmitted by the Secretary General to the UN General Assembly this Summer calls for criminal penalties against anyone who criticizes gender theory, sexual orientation, gender identity, and even sex-ed.

The report, produced by Independent Expert Victor Madrigal-Borloz working under the aegis of the Human Rights Council, argues there is a substantial “backlash” against the human rights advances achieved by homosexuals, transgenders, and that this backlash threatens and perpetrates violence against these persons.

Madrigal-Borloz notes that this backlash comes from a “steep rise in ultraconservative political leaders and religious groups using their platforms to promote bigotry, dehumanize persons…and foster stigma and intolerance among their constituencies.”

Madrigal-Borloz cites a report that claims “anti-gender” groups from the United States raised $6.2 billion between 2008 and 2013 and that these groups funneled $1 billion around the world to fight the rise of LGBT rights. The report is from the Philanthropy Project, a coalition of leftwing foundations two of which – Ford Foundation and Arcus Foundation – have a combined $14.7 billion under financial management. The lead “anti-gender” group cited in their report is the International Organization for Marriage which raised only $247,000 in 2019.

One of the few groups Madrigal-Borloz mentions by name is the Catholic Church. Madrigal-Borloz says, “the Holy See’s doctrine of complementarity…holds that women are not equal but rather have complementary social roles…” Madrigal-Borloz argues that the Catholic Church’s understanding of the family is a violation of existing human rights law.

Madrigal-Borloz claims such views “create significant risk for the furtherance of the rights of women and can foster violence and discrimination based on sexual orientation and gender identity.” He cites efforts in the United States to ensure that gender confused boys do not play in girl’s sport.

The report refers to these beliefs as “exclusionary narratives” that are tantamount to hate speech and even violence. Such narratives “exploit preconceptions, stigma and prejudice to create an atmosphere of panic and moral concern and creates the risk of perpetuating violence and discrimination.”

Madrigal-Borloz calls on UN Members States to “take decisive and concerted actions to counter exclusionary practices that threaten to undermine the international, regional, and national human rights and gender frameworks…” Specially, he says “practices of exclusion are not in conformity with international human rights law and must be treated accordingly including…by placing them under the legal framework for hate speech and hate crimes.”

Last year, Madrigal-Borloz issued a report calling for the criminalization of talk therapy for unwanted same-sex attractions and behaviors. In that report, Madrigal referred to psychiatrists offering such help as “perpetrators.”

It should be noted that the UN General Assembly has never recognized “gender” as a social construct. In fact, the Rome Statues of the International Criminal Court, a 1998 hard law treaty, defined “gender” as men and women.

The General Assembly has never recognized “sexual orientation and gender identity” as a category of non-discrimination. International law also does not recognize the concept of “transgender.”

Madrigal-Borloz’s report is an aspirational document that has no force in law but that will certainly be used by other UN actors to advance these ideas. It may also be used by national governments to make it illegal even to criticize gender ideology.