US embassy cable - 04VATICAN886

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 
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 2004VATICA00886 - Classification: UNCLASSIFIED