Peculiarities of the implementation of human rights regarding sexual (gender) identity within the framework of the International covenant on civil and political rights

It is determined that the universality of international Human Rights is in the focus of the scholars` discussions. This paper considers various disputes challenging the realistic feature of Human Rights and questioning their enforceability. The research examines the peculiarities of implementation of the selected human rights to the controversial culture and regionally factored phenomenon – sexual/gender identity. The ontology and realistic aspects of the application human rights principles to the persons with different sexual orientation under the International Covenant on Civil and Political Rights (here- in-after referred to as “ICCPR”) is in the focus. In the course of the research the key aspects affecting the application and protection of human rights of the discussed groups were identified. The analysis conducted on the selected ICCPR guaranteed rights – equality and non-discrimination (Articles 2 and 26) and investigated the right to privacy as outlined in Article 17, freedom of expression per Article 19, and family and marriage rights as specified in Article 23. The overall research illustrates that Human Rights is a concept responsive to social dynamics, which ensures its dual, idealistic and realistic nature. The examination of the evolution of these rights in relation to individuals’ sexual orientation and gender identity highlights bottlenecks and challenges within International Human Rights Law. These challenges include the absence of specific characteristics in international law, the progressive role of treaty body jurisprudence in effectively applying protection, and ongoing debates about the universality of human rights. Despite variations in implementation status and timelines, the guaranteed ICCPR rights remained realistic. Moreover, there has been substantial progress, even concerning the most recent and debated rights for LBTI individuals. The gradual and often lengthy process of recognition and implementation of these SOGI-related rights is a natural outcome of the diversity among different countries and societies. While there may be some inconsistencies and complexities in the development of human rights, they do not diminish the inherently progressive nature of civil and political rights and standards.