Explanation of Position of the Holy See at the 61st Regular Session of the Human Rights Council

Mr. President,

The Holy See wishes to express its reservations regarding some of the concepts and terms contained in a number of the resolutions adopted at this 61^st Regular Session of the Human Rights Council,  which do not enjoy consensus, including, inter alia, “sexual and reproductive health”, the idea that pregnancy constitutes inherent harm, “gender” – rather than biological sex –, and “intersectionality”.

The Holy See reiterates its longstanding position on such language and recalls its reservations to the Convention on the Rights of the Child, as well as to the outcome documents of the International Conference on Population and Development (ICPD) and the Beijing Declaration and Platform for Action.

Specifically, regarding Resolution L.27 / Rev 1 Rights of the child: realizing the rights of the child affected by armed conflict – a resolution particularly relevant at a time when the world faces increasing conflicts and children continue to be disproportionately impacted – my Delegation notes with disappointment that only one set of informal consultations was held and that the zero draft was improved only marginally. Any initiative on the rights of the child should be based on the Convention on the Rights of the Child. Regrettably, in some respects, this Resolution departs from the agreed language contained in that almost universally ratified treaty.

Therefore, the Holy See disassociates from all references to “sexual and reproductive health” contained in this text and reserves the right to interpret all provisions on children’s health in accordance with the text of the treaties it has ratified.

The Holy See underlines that any reference to “gender” and related terms is to be understood as grounded on the biological sexual identity that is male and female.

Moreover, the Holy See underscores the importance of the family, as well as the primary rights and legal responsibilities of parents and guardians in ensuring the full and effective realization of the rights of the child. In that context, it is regrettable that the final text does little to reflect this foundational premise of the Convention on the Rights of the Child.

The Holy See also reserves its position on the aforementioned language wherever it is used in any resolution or document adopted at this Session. 

Finally, the Holy See recalls the crucial distinction between treaties, which are formally adopted and ratified by States with the intention of creating legally binding obligations, and other international documents, such as the resolutions adopted at this Session, which are not intended to be binding.

Mr. President, my Delegation kindly requests that this explanation of position be duly recorded in the minutes of the meeting. 

Thank you, Mr. President.