Reseña

The recognition of the rights of people with diverse sexual orientations and gender identities does not call for the creation of new or special rights. Instead, it seeks the fulfillment of existing rights, grounded in the principle of non-discrimination. This principle is a cornerstone of any democratic system committed to guaranteeing equal protection for all individuals, regardless of their sexual orientation, gender identity, or sexual characteristics. Human rights protection systems widely recognize equality as a jus cogens norm and have consistently reaffirmed the prohibition of discrimination—including on the basis of sexual orientation and gender identity—in the treaties from which they derive. For example, the American Declaration of the Rights and Duties of Man states in its preamble: "All men are born free and equal in dignity and rights," and reiterates in Article 2 that "All persons are equal before the law and have the rights and duties enshrined in this declaration without distinction of race, sex, language, creed or any other."