VATICAN OPPOSED TO BRAZILIAN SEXUAL ORIENTATION

UNCLAS VATICAN 000886

SIPDIS


SENSITIVE

DEPT. FOR EUR/WE (Levin); DRL/MLA (Butler, Sorensen);
IO/SHA (Bracken); OES/IHA; L/UNA

E.O. 12958 N/A
TAGS: PREL PHUM SOCI VT UN
SUBJECT: VATICAN OPPOSED TO BRAZILIAN SEXUAL ORIENTATION
RESOLUTION

1.(SBU) Reasoning that people "who could be victims of
discrimination on the basis of their 'sexual orientation'
are already protected by international frameworks currently
in force," the Holy See signaled its opposition to CHR-60,
the Brazilian resolution on sexual orientation. A note
verbale delivered to the Embassy March 4 (French text faxed
to EUR/WE) warned that the resolution seemed to be "a
preliminary step forward for legitimizing the claim of
certain homosexual persons to marriage and the adoption of
children." The Vatican emphasized that its position on the
issue was "by no means intended to...support discrimination
against homosexual persons," but instead meant to safeguard
human dignity and the family, "founded on marriage between
a man and a woman." An accompanying non-paper (also faxed
to EUR/WE) said that the resolution would "clash with legal
systems, with the culture, and religious traditions of the
vast majority of member countries of the United Nations."


2. (SBU) In its non-paper, the Holy See asserted that the
resolution was aimed not so much at protection from
discrimination as at the promotion of 'sexual orientation'
as an interpretive tool of human rights." Further,
according to the Holy See, the lack of an "agreed
definition of 'sexual orientation' in any consensually
accepted instrument" of the U.N. was problematic. "Were
the proposed resolution to be in fact introduced," the non-
paper continued, "it should use only 'UN agreed language,'
should be limited to encouraging the application of the
existing international law on non-discrimination, and
should not require...new studies or comments with a view to
modifying international legislation on non-discrimination."


3. (SBU) Begin text of unofficial English translation of
note verbale:

The Secretary of State, Section for the Relations with
the States, extends its regards to the U.S. Embassy to the
Holy See and the honor of making reference to the project
of Resolution related to human rights and "sexual
orientation," which was introduced in 2003, during the 59th
session of the Human Rights Commission of the United
Nations. As is known, lack of time and strong opposition
met this project, and the Commission decided to propose its
examination during the 60th session which will be held in
Geneva, from March 15 to April 23, 2004.

The Secretary of State has the honor of communicating
the following related to this project which, in 2004, is
currently in the agenda (order of the day) relating to
discrimination:

1) The Holy See enters into partnership with the countries
opposed to this project. For the first time, at the
heart of the United Nations, a Resolution will include
"sexual orientation" among the causes of discrimination.
According to this idea which is voluntarily undefined,
this Resolution seems to be a preliminary step forward
for legitimizing the claim of certain homosexual persons
access to marriage and the adoption of children.

2) As one can read in the note attached, from the legal
perspective, this project goes beyond the actual
international norms related to human rights as well as
almost all national legislation. The persons who could
be victims of discrimination, on the basis of their
"sexual orientation," are already protected by the
international frameworks already in force.


3) One does not then see how one can include "sexual
orientation" among the causes of discrimination. The
approval of this project will require from the rest a
precedent in favor of those who seek to push/force the
norms in force. Although certain documents of regional
Groups consider the same orientation a cause of
discrimination, one can not see in this Resolution
project in question that it will be held to conform to
those documents.


4) The present considerations of the Holy See are by no
means intended to impose a view of faith, nor support
discrimination towards homosexual persons, but only to
offer an impartial service to the international
community, to better guarantee the dignity of all human
beings and the family, founded on marriage between a man
and a woman.

The Secretary of State takes this opportunity to again
offer to the US. Embassy to the Holy See the assurance of
its highest esteem.

From the Vatican, 2 March 2004

End text of note verbale.

Nicholson
n


NNNN


2004VATICA00886 - Classification: UNCLASSIFIED