Dilemmas and case studies

Non-discrimination and sexual orientation

The notion that everyone is equal in dignity and worth is one of the most basic of human rights, indeed international human rights law is grounded on the principle of non-discrimination. Discrimination is the systematic denial of certain peoples' or groups' full human rights because of who they are or what they believe. Discrimination on the grounds of sexual orientation is prohibited in international law. Nevertheless, some governments actively discriminate against homosexuals in law, or through official inaction at violence and discrimination based on prejudice.

Implications for business

Non-discrimination in employment means that employees are selected on the basis of their ability to do the job and that there is no distinction, exclusion or preference made on other grounds. Employees who experience discrimination at work are denied opportunities and have their basic human rights infringed. This affects the individual concerned and negatively influences the greater contribution that they might make to society. Discriminatory practices in employment and occupation restricts the available pool of workers and skills and therefore the opportunities for the development of skills and infrastructure to strengthen competitiveness in the global economy. Discriminatory practices on the part of an employer can damage a company's reputation, as well as place them at risk of legal action.Businesses are at risk of complicity either if they actively discriminate against certain groups or if they do not take steps to address prevalent societal discrimination that translates into disadvantages in hiring patterns, compensation, training and promotions.

The following examples were identified through background research:

  • In Indonesia, homosexuals face pervasive discrimination and stigma and have been subject to violence and torture by the security forces. In October 2008 the government enacted the anti-pornography law which criminalises homosexuality.
  • In Iran, homosexuality is punishable by death. Gay-rights groups accuse the government of disguising executions for homosexuality with bogus charges for more serious crimes, therefore making it hard to determine the number of death penalties carried out for homosexuality.

Identifying the dilemma

How does a company respect the right to non-discrimination on the basis of sexual orientation, privacy and liberty and security of persons when operating in a country where the national law prohibits homosexuality and homosexuals face pervasive discrimination and occasional violence?

The following have been identified as possible components of this dilemma:

  • Discriminatory laws
  • Absence of laws that protect homosexuals
  • Societal discrimination
  • Discrimination by authorities
  • Cultural acceptance of discrimination
  • Harassment and violence against homosexuals
  • Product misuse
  • Alleged complicity in violations by private or public security forces

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