Below we publish the statement by Archbishop Silvano M. Tomasi, Permanent Representative
of the Holy See to the United Nations in Geneva at the 16th Session of the Human Rights
Council – General Debate Geneva, 22 March 2011, on sexual orientation:
Mr.
President, the Holy See takes this opportunity to affirm the inherent dignity and
worth of all human beings, and to condemn all violence that is targeted against people
because of their sexual feelings and thoughts, or sexual behaviours.
We would
also like to make several observations about the debates regarding “sexual orientation”.
First,
there has been some unnecessary confusion about the meaning of the term “sexual orientation,”
as found in resolutions and other texts adopted within the UN human rights system.
The confusion is unnecessary because, in international law, a term must be interpreted
in accordance with its ordinary meaning, unless the document has given it a different
meaning. The ordinary meaning of “sexual orientation” refers to feelings and thoughts,
not to behaviour.
Second, for the purposes of human rights law, there is a
critical difference between feelings and thoughts, on the one hand, and behaviour,
on the other. A state should never punish a person, or deprive a person of the enjoyment
of any human right, based just on the person’s feelings and thoughts, including sexual
thoughts and feelings. But states can, and must, regulate behaviours, including various
sexual behaviours. Throughout the world, there is a consensus between societies that
certain kinds of sexual behaviours must be forbidden by law. Paedophilia and incest
are two examples.
Third, the Holy See wishes to affirm its deeply held belief
that human sexuality is a gift that is genuinely expressed in the complete and lifelong
mutual devotion of a man and a woman in marriage. Human sexuality, like any voluntary
activity, possesses a moral dimension : it is an activity which puts the individual
will at the service of a finality; it is not an “identity”. In other words, it comes
from the action and not from the being, even though some tendencies or “sexual orientations”
may have deep roots in the personality. Denying the moral dimension of sexuality leads
to denying the freedom of the person in this matter, and undermines ultimately his/her
ontological dignity. This belief about human nature is also shared by many other
faith communities, and by other persons of conscience.
And finally, Mr. President,
we wish to call attention to a disturbing trend in some of these social debates: People
are being attacked for taking positions that do not support sexual behaviour between
people of the same sex. When they express their moral beliefs or beliefs about human
nature, which may also be expressions of religious convictions, or state opinions
about scientific claims, they are stigmatised, and worse -- they are vilified, and
prosecuted. These attacks contradict the fundamental principles announced in three
of the Council’s resolutions of this session. The truth is, these attacks are violations
of fundamental human rights, and cannot be justified under any circumstances.