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(单词翻译:双击或拖选)
Good evening, and let me express my deep honor and pleasure at being here. I want to thank Director General Tokayev and Ms. Wyden along with other ministers, ambassadors, excellencies, and UN partners. This weekend, we will celebrate Human Rights Day, the anniversary of one of the great accomplishments of the last century.
Beginning in 1947, delegates from six continents devoted themselves to drafting a declaration that would enshrine the fundamental rights and freedoms of people everywhere. In the aftermath of World War II, many nations pressed for a statement of this kind to help ensure that we would prevent future atrocities and protect the inherent humanity and dignity of all people. And so the delegates went to work. They discussed, they wrote, they revisited, revised, rewrote, for thousands of hours. And they incorporated suggestions and revisions from governments, organizations, and individuals around the world.
At three o’clock in the morning on December 10th, 1948, after nearly two years of drafting and one last long night of debate, the president of the UN General Assembly called for a vote on the final text. Forty-eight nations voted in favor; eight abstained; none dissented. And the Universal Declaration of Human Rights was adopted. It proclaims a simple, powerful idea: All human beings are born free and equal in dignity and rights. And with the declaration, it was made clear that rights are not conferred by government; they are the birthright of all people. It does not matter what country we live in, who our leaders are, or even who we are. Because we are human, we therefore have rights. And because we have rights, governments are bound to protect them.
In the 63 years since the declaration was adopted, many nations have made great progress in making human rights a human reality. Step by step, barriers that once prevented people from enjoying the full measure of liberty, the full experience of dignity, and the full benefits of humanity have fallen away. In many places, racist laws have been repealed, legal and social practices that relegated women to second-class status have been abolished, the ability of religious minorities to practice their faith freely has been secured.
In most cases, this progress was not easily won. People fought and organized and campaigned in public squares and private spaces to change not only laws, but hearts and minds. And thanks to that work of generations, for millions of individuals whose lives were once narrowed by injustice, they are now able to live more freely and to participate more fully in the political, economic, and social lives of their communities.
Now, there is still, as you all know, much more to be done to secure that commitment, that reality, and progress for all people. Today, I want to talk about the work we have left to do to protect one group of people whose human rights are still denied in too many parts of the world today. In many ways, they are an invisible minority. They are arrested, beaten, terrorized, even executed. Many are treated with contempt and violence by their fellow citizens while authorities empowered to protect them look the other way or, too often, even join in the abuse. They are denied opportunities to work and learn, driven from their homes and countries, and forced to suppress or deny who they are to protect themselves from harm.
I am talking about gay, lesbian, bisexual, and transgender people, human beings born free and given bestowed equality and dignity, who have a right to claim that, which is now one of the remaining human rights challenges of our time. I speak about this subject knowing that my own country’s record on human rights for gay people is far from perfect. Until 2003, it was still a crime in parts of our country. Many LGBT Americans have endured violence and harassment in their own lives, and for some, including many young people, bullying and exclusion are daily experiences. So we, like all nations, have more work to do to protect human rights at home.
Now, raising this issue, I know, is sensitive for many people and that the obstacles standing in the way of protecting the human rights of LGBT people rest on deeply held personal, political, cultural, and religious beliefs. So I come here before you with respect, understanding, and humility. Even though progress on this front is not easy, we cannot delay acting. So in that spirit, I want to talk about the difficult and important issues we must address together to reach a global consensus that recognizes the human rights of LGBT citizens everywhere.
The first issue goes to the heart of the matter. Some have suggested that gay rights and human rights are separate and distinct; but, in fact, they are one and the same. Now, of course, 60 years ago, the governments that drafted and passed the Universal Declaration of Human Rights were not thinking about how it applied to the LGBT community. They also weren’t thinking about how it applied to indigenous people or children or people with disabilities or other marginalized groups. Yet in the past 60 years, we have come to recognize that members of these groups are entitled to the full measure of dignity and rights, because, like all people, they share a common humanity.
This recognition did not occur all at once. It evolved over time. And as it did, we understood that we were honoring rights that people always had, rather than creating new or special rights for them. Like being a woman, like being a racial, religious, tribal, or ethnic minority, being LGBT does not make you less human. And that is why gay rights are human rights, and human rights are gay rights.
It is violation of human rights when people are beaten or killed because of their sexual orientation, or because they do not conform to cultural norms about how men and women should look or behave. It is a violation of human rights when governments declare it illegal to be gay, or allow those who harm gay people to go unpunished. It is a violation of human rights when lesbian or transgendered women are subjected to so-called corrective rape, or forcibly subjected to hormone treatments, or when people are murdered after public calls for violence toward gays, or when they are forced to flee their nations and seek asylum in other lands to save their lives. And it is a violation of human rights when life-saving care is withheld from people because they are gay, or equal access to justice is denied to people because they are gay, or public spaces are out of bounds to people because they are gay. No matter what we look like, where we come from, or who we are, we are all equally entitled to our human rights and dignity.
The second issue is a question of whether homosexuality arises from a particular part of the world. Some seem to believe it is a Western phenomenon, and therefore people outside the West have grounds to reject it. Well, in reality, gay people are born into and belong to every society in the world. They are all ages, all races, all faiths; they are doctors and teachers, farmers and bankers, soldiers and athletes; and whether we know it, or whether we acknowledge it, they are our family, our friends, and our neighbors.
Being gay is not a Western invention; it is a human reality. And protecting the human rights of all people, gay or straight, is not something that only Western governments do. South Africa’s constitution, written in the aftermath of Apartheid, protects the equality of all citizens, including gay people. In Colombia and Argentina, the rights of gays are also legally protected. In Nepal, the supreme court has ruled that equal rights apply to LGBT citizens. The Government of Mongolia has committed to pursue new legislation that will tackle anti-gay discrimination.
Now, some worry that protecting the human rights of the LGBT community is a luxury that only wealthy nations can afford. But in fact, in all countries, there are costs to not protecting these rights, in both gay and straight lives lost to disease and violence, and the silencing of voices and views that would strengthen communities, in ideas never pursued by entrepreneurs who happen to be gay. Costs are incurred whenever any group is treated as lesser or the other, whether they are women, racial, or religious minorities, or the LGBT. Former President Mogae of Botswana pointed out recently that for as long as LGBT people are kept in the shadows, there cannot be an effective public health program to tackle HIV and AIDS. Well, that holds true for other challenges as well.
The third, and perhaps most challenging, issue arises when people cite religious or cultural values as a reason to violate or not to protect the human rights of LGBT citizens. This is not unlike the justification offered for violent practices towards women like honor killings, widow burning, or female genital mutilation. Some people still defend those practices as part of a cultural tradition. But violence toward women isn’t cultural; it’s criminal. Likewise with slavery, what was once justified as sanctioned by God is now properly reviled as an unconscionable violation of human rights.
In each of these cases, we came to learn that no practice or tradition trumps the human rights that belong to all of us. And this holds true for inflicting violence on LGBT people, criminalizing their status or behavior, expelling them from their families and communities, or tacitly or explicitly accepting their killing.
Of course, it bears noting that rarely are cultural and religious traditions and teachings actually in conflict with the protection of human rights. Indeed, our religion and our culture are sources of compassion and inspiration toward our fellow human beings. It was not only those who’ve justified slavery who leaned on religion, it was also those who sought to abolish it. And let us keep in mind that our commitments to protect the freedom of religion and to defend the dignity of LGBT people emanate from a common source. For many of us, religious belief and practice is a vital source of meaning and identity, and fundamental to who we are as people. And likewise, for most of us, the bonds of love and family that we forge are also vital sources of meaning and identity. And caring for others is an expression of what it means to be fully human. It is because the human experience is universal that human rights are universal and cut across all religions and cultures.
The fourth issue is what history teaches us about how we make progress towards rights for all. Progress starts with honest discussion. Now, there are some who say and believe that all gay people are pedophiles, that homosexuality is a disease that can be caught or cured, or that gays recruit others to become gay. Well, these notions are simply not true. They are also unlikely to disappear if those who promote or accept them are dismissed out of hand rather than invited to share their fears and concerns. No one has ever abandoned a belief because he was forced to do so.
Universal human rights include freedom of expression and freedom of belief, even if our words or beliefs denigrate the humanity of others. Yet, while we are each free to believe whatever we choose, we cannot do whatever we choose, not in a world where we protect the human rights of all.
Reaching understanding of these issues takes more than speech. It does take a conversation. In fact, it takes a constellation of conversations in places big and small. And it takes a willingness to see stark differences in belief as a reason to begin the conversation, not to avoid it.
But progress comes from changes in laws. In many places, including my own country, legal protections have preceded, not followed, broader recognition of rights. Laws have a teaching effect. Laws that discriminate validate other kinds of discrimination. Laws that require equal protections reinforce the moral imperative of equality. And practically speaking, it is often the case that laws must change before fears about change dissipate.
Many in my country thought that President Truman was making a grave error when he ordered the racial desegregation of our military. They argued that it would undermine unit cohesion. And it wasn’t until he went ahead and did it that we saw how it strengthened our social fabric in ways even the supporters of the policy could not foresee. Likewise, some worried in my country that the repeal of “Don’t Ask, Don’t Tell” would have a negative effect on our armed forces. Now, the Marine Corps Commandant, who was one of the strongest voices against the repeal, says that his concerns were unfounded and that the Marines have embraced the change.
Finally, progress comes from being willing to walk a mile in someone else’s shoes. We need to ask ourselves, “How would it feel if it were a crime to love the person I love? How would it feel to be discriminated against for something about myself that I cannot change?” This challenge applies to all of us as we reflect upon deeply held beliefs, as we work to embrace tolerance and respect for the dignity of all persons, and as we engage humbly with those with whom we disagree in the hope of creating greater understanding.
A fifth and final question is how we do our part to bring the world to embrace human rights for all people including LGBT people. Yes, LGBT people must help lead this effort, as so many of you are. Their knowledge and experiences are invaluable and their courage inspirational. We know the names of brave LGBT activists who have literally given their lives for this cause, and there are many more whose names we will never know. But often those who are denied rights are least empowered to bring about the changes they seek. Acting alone, minorities can never achieve the majorities necessary for political change.
So when any part of humanity is sidelined, the rest of us cannot sit on the sidelines. Every time a barrier to progress has fallen, it has taken a cooperative effort from those on both sides of the barrier. In the fight for women’s rights, the support of men remains crucial. The fight for racial equality has relied on contributions from people of all races. Combating Islamaphobia or anti-Semitism is a task for people of all faiths. And the same is true with this struggle for equality.
Conversely, when we see denials and abuses of human rights and fail to act, that sends the message to those deniers and abusers that they won’t suffer any consequences for their actions, and so they carry on. But when we do act, we send a powerful moral message. Right here in Geneva, the international community acted this year to strengthen a global consensus around the human rights of LGBT people. At the Human Rights Council in March, 85 countries from all regions supported a statement calling for an end to criminalization and violence against people because of their sexual orientation and gender identity.
At the following session of the Council in June, South Africa took the lead on a resolution about violence against LGBT people. The delegation from South Africa spoke eloquently about their own experience and struggle for human equality and its indivisibility. When the measure passed, it became the first-ever UN resolution recognizing the human rights of gay people worldwide. In the Organization of American States this year, the Inter-American Commission on Human Rights created a unit on the rights of LGBT people, a step toward what we hope will be the creation of a special rapporteur.
Now, we must go further and work here and in every region of the world to galvanize more support for the human rights of the LGBT community. To the leaders of those countries where people are jailed, beaten, or executed for being gay, I ask you to consider this: Leadership, by definition, means being out in front of your people when it is called for. It means standing up for the dignity of all your citizens and persuading your people to do the same. It also means ensuring that all citizens are treated as equals under your laws, because let me be clear – I am not saying that gay people can’t or don’t commit crimes. They can and they do, just like straight people. And when they do, they should be held accountable, but it should never be a crime to be gay.
And to people of all nations, I say supporting human rights is your responsibility too. The lives of gay people are shaped not only by laws, but by the treatment they receive every day from their families, from their neighbors. Eleanor Roosevelt, who did so much to advance human rights worldwide, said that these rights begin in the small places close to home – the streets where people live, the schools they attend, the factories, farms, and offices where they work. These places are your domain. The actions you take, the ideals that you advocate, can determine whether human rights flourish where you are.
And finally, to LGBT men and women worldwide, let me say this: Wherever you live and whatever the circumstances of your life, whether you are connected to a network of support or feel isolated and vulnerable, please know that you are not alone. People around the globe are working hard to support you and to bring an end to the injustices and dangers you face. That is certainly true for my country. And you have an ally in the United States of America and you have millions of friends among the American people.
The Obama Administration defends the human rights of LGBT people as part of our comprehensive human rights policy and as a priority of our foreign policy. In our embassies, our diplomats are raising concerns about specific cases and laws, and working with a range of partners to strengthen human rights protections for all. In Washington, we have created a task force at the State Department to support and coordinate this work. And in the coming months, we will provide every embassy with a toolkit to help improve their efforts. And we have created a program that offers emergency support to defenders of human rights for LGBT people.
This morning, back in Washington, President Obama put into place the first U.S. Government strategy dedicated to combating human rights abuses against LGBT persons abroad. Building on efforts already underway at the State Department and across the government, the President has directed all U.S. Government agencies engaged overseas to combat the criminalization of LGBT status and conduct, to enhance efforts to protect vulnerable LGBT refugees and asylum seekers, to ensure that our foreign assistance promotes the protection of LGBT rights, to enlist international organizations in the fight against discrimination, and to respond swiftly to abuses against LGBT persons.
I am also pleased to announce that we are launching a new Global Equality Fund that will support the work of civil society organizations working on these issues around the world. This fund will help them record facts so they can target their advocacy, learn how to use the law as a tool, manage their budgets, train their staffs, and forge partnerships with women’s organizations and other human rights groups. We have committed more than $3 million to start this fund, and we have hope that others will join us in supporting it.
The women and men who advocate for human rights for the LGBT community in hostile places, some of whom are here today with us, are brave and dedicated, and deserve all the help we can give them. We know the road ahead will not be easy. A great deal of work lies before us. But many of us have seen firsthand how quickly change can come. In our lifetimes, attitudes toward gay people in many places have been transformed. Many people, including myself, have experienced a deepening of our own convictions on this topic over the years, as we have devoted more thought to it, engaged in dialogues and debates, and established personal and professional relationships with people who are gay.
This evolution is evident in many places. To highlight one example, the Delhi High Court decriminalized homosexuality in India two years ago, writing, and I quote, “If there is one tenet that can be said to be an underlying theme of the Indian constitution, it is inclusiveness.” There is little doubt in my mind that support for LGBT human rights will continue to climb. Because for many young people, this is simple: All people deserve to be treated with dignity and have their human rights respected, no matter who they are or whom they love.
There is a phrase that people in the United States invoke when urging others to support human rights: “Be on the right side of history.” The story of the United States is the story of a nation that has repeatedly grappled with intolerance and inequality. We fought a brutal civil war over slavery. People from coast to coast joined in campaigns to recognize the rights of women, indigenous peoples, racial minorities, children, people with disabilities, immigrants, workers, and on and on. And the march toward equality and justice has continued. Those who advocate for expanding the circle of human rights were and are on the right side of history, and history honors them. Those who tried to constrict human rights were wrong, and history reflects that as well.
I know that the thoughts I’ve shared today involve questions on which opinions are still evolving. As it has happened so many times before, opinion will converge once again with the truth, the immutable truth, that all persons are created free and equal in dignity and rights. We are called once more to make real the words of the Universal Declaration. Let us answer that call. Let us be on the right side of history, for our people, our nations, and future generations, whose lives will be shaped by the work we do today. I come before you with great hope and confidence that no matter how long the road ahead, we will travel it successfully together. Thank you very much. (Applause.)
演讲稿中文翻译:
国务卿希拉里·克林顿(Hillary Clinton): 晚上好。我来到这里感到十分荣幸和高兴。我要向托卡耶夫(Tokayev)总干事和怀登(Wyden)女士以及各位部长、大使、阁下和联合国伙伴们致谢。
这个周末,我们将庆祝人权日(Human Rights Day),上个世纪重大成果之一的周年纪念日。从1947年开始,来自六大洲的代表投入全副精力起草一份阐明全世界人民应该享有的神圣的基本权利和自由的宣言。二战以后,很多国家都强烈要求起草这样的声明,以利于确保防止未来的暴行和保护所有的人与生俱来的人性和尊严。为此,代表们开始了他们的工作。他们花费了数千个小时,不断地讨论、拟稿;他们又多次审稿、修改、重写。
他们吸纳了世界各地政府、组织和个人的建议和修改意见。
1948年12月10日凌晨3点,经过了将近两年的起草工作以及最后一个漫长夜晚的辩论,联合国大会主席要求对最后文本进行投票表决。48个国家投赞成票,8个国家弃权,零票反对,《世界人权宣言》(Universal Declaration of Human Rights)就此获得通过。这份宣言宣告了一个简单、有力的理念:所有的人生来自由,享有平等的尊严和权利。
这份宣言阐明,权利不是政府赋予,而是所有的人与生俱来的。无论我们生活在哪个国家,无论我们的领导人是谁,也无论我们是什么人,都无关紧要。因为我们是人,因此我们享有权利。因为我们享有权利,政府就必须保护我们的权利。
宣言通过至今已有63年。很多国家在使人权成为人类社会的现实方面取得了伟大的进步。曾经阻碍人们享有充分的自由、体验充分的尊严和享受人类所有裨益的障碍逐步消除。在很多地方,种族主义法律被废止。将妇女降至二等公民地位的法律和社会规范被废除。宗教少数派自由从事自己信仰活动的能力得到了保障。
在大部分情况下,这一进步来之不易。人们为了改变法律并进一步改变人的情感和观念进行斗争,组织起来,在公共广场和私人空间开展活动。成千上万的人曾因社会不公正而生活在被压缩的空间里,但经过几代人的努力,他们现在已能更自由地生活,更充分地参与所在社区的政治、经济和社会生活。
正如大家所知,现在仍然有更多工作要做,以便为所有的人争取这一承诺、这种现实和进步。今天,我想谈谈一件有待完成的工作,以保护一个群体,他们的人权在世界上太多的地方仍然被剥夺。
在许多方面,他们是一群看不见的少数。他们被逮捕、殴打、恐吓、甚至处决。许多人受到同胞的蔑视和暴力对待,而有能力保护他们的当局熟视无睹,甚至常常参与其间。他们被剥夺了工作和学习的机会,被从他们的家园和国家逐出,被迫隐瞒或否认他们的身份,以保护自己免受伤害。
我讲的是男女同性恋者、双性恋者和变性者(LGBT)——他们是人,生来自由,享有天赋的平等和尊严,理应享有这些权利,这是我们这个时代现存的人权挑战之一。
我在讲这个问题时,深知我的国家对待同性恋的人权记录还远远不够完善。直到2003年,它在我国部分地区仍然被视作一项犯罪。许多LGBT群体的美国人在自己的生活中遭受暴力和骚扰。对有些人而言——包括很多年轻人——受欺凌和被排斥乃是家常便饭。因此,像所有国家一样,我们要做更多的工作才能保护国内的人权。
我知道,这对很多人是个敏感的问题,保护LGBT群体的人权的障碍深深植根于个人、政治、文化和宗教信仰,所以我是怀着尊重、理解和谦卑而来。即使在这方面的进展是并非易事,我们也不能再推迟行动。
因此,本着这种精神,我想谈谈我们必须共同对待的困难和重要的问题,以便在承认世界各地LGBT群体的公民的人权上达成全球共识。
第一个问题涉及问题的核心。有些人认为,同性恋权利和人权互不相关,二者不同。但事实上,它们是同一个问题。
当然,60年前,起草并通过《世界人权宣言》的各国政府并没有想过如何把宣言应用于LGBT群体。
它们也没有想过如何把宣言应用于原住民或儿童或残疾人或其他被边缘化的群体。
然而,经过过去的60年,我们已经认识到,这些群体的成员应当享有充分的尊严和权利,因为就像所有的人一样,他们有着共同的人性。
这种认识并不是即刻就获得的,它经历了一个演变过程。在这一过程中,我们明白了,我们倡导的是人们本该拥有的权利,而不是为他们创造出的什么新的、特殊的权利。例如,作为一位女性,作为少数种族、宗教、部落或民族,作为LGBT群体,并不意味着你就低人一等。因此,同性恋的权利就是人权,人权也是同性恋的权利。
当人们因他们的性取向、或因他们不遵守有关男性与女性的举止行为的文化规范而遭到毒打或杀害,那就是违反人权;当一些国家的政府宣布同性恋者为非法或让那些迫害同性恋者的人逍遥法外,那就是违反人权;当女同性恋者或经过变性的女性遭到所谓的矫正强奸或被强迫接受激素治疗、或者当有人由于对同性恋者采取暴力行动的公开煽动而被杀害、或者当同性恋者被迫逃离自己的国家到其他国家寻求庇护以保全性命,那就是违反人权。
当仅仅因为他们是同性恋者就被剥夺拯救生命的治疗,或者因为他们是同性恋者而不能获得公正的对待,或因为他们是同性恋者就必须远离公共场所,那就是违反人权。无论我们的外表如何、无论我们有何背景与认同,我们都应平等地享有我们的人权和尊严。
第二个问题是:同性恋是否来自世界的某一特定部分。有些人似乎认为这是一个西方仅有的现象,因此,其他地区的人们有理由排斥它。然而,事实上,同性恋者可能出生在或归属于世界上的任何社会,他们可以是不同年龄、不同种族、不同信仰;他们可以是医生和教师、农民和银行家、士兵和运动员。无论我们是否了解或是否承认这种现象,他们都是我们的家庭成员、我们的朋友或我们的邻居。
同性恋并不是西方的发明,它是一个人类现实。
保护所有的人——无论是同性恋者或异性恋者——的人权,并不仅仅是西方国家政府所做的事情,在种族隔离时期后诞生的南非宪法保护所有公民的平等权利,包括同性恋者的权利;在哥伦比亚和阿根廷,同性恋者的权利也同样得到法律保护;在尼泊尔,高等法院曾裁定,平等权利适用于LGBT群体的公民;蒙古政府已经承诺制订制止歧视同性恋者的新法律。
有些人担心保护LGBT群体的人权是富国才有能力做到的事情。但实际上,如果不保护这些权利,让同性恋者和异性恋者因疾病和暴力而失去生命,压制本来能够强化社群的声音和意见,导致身为同性恋者的创业家无缘实现设想,那么所有国家都会为之付出代价。每当任何一个群体受到不如其他人的待遇或被另眼相看时,不论他们是女性、少数人种或宗教少数派,还是LGBT群体,都是要付出代价的。博茨瓦纳前总统莫哈埃(Mogae)最近指出,只要LGBT群体仍被置于阴影之中,就不可能有高效的公共卫生项目来对抗艾滋病病毒和艾滋病。对于其他各项挑战亦是如此。
第三个,可能也是最具挑战性的议题,则出现在人们将宗教或文化价值观作为侵犯或不保护LGBT公民人权的理由之时。这与为荣誉处死、焚烧寡妇或女性割礼等针对女性的暴力行为辩解并无二致。有些人仍旧辩称这些做法是文化传统的一部份,可是对于女性的暴力不是文化,而是犯罪。同样的,奴役在过去被说成是上帝的旨意,现在则被恰如其分地痛斥为践踏人权的无耻行径。
上述每一种情况都让我们认识到,没有任何做法或传统能凌驾于属于我们所有人的人权之上。基于同样的道理,也不应向LGBT群体施暴,将他们的身份或行为定为犯罪,把他们赶出家庭和社区,或者对他们遇害予以默认或公开接受。
当然,值得一提的是,文化或者宗教传统或教义事实上很少与保护人权相冲突。确实,我们的宗教和文化是我们对于人类同胞的关怀和激励的源泉。虽然为奴役辩解的人以宗教为借口,但力争废除奴役的人也以宗教为依托。让我们谨记,我们保护宗教自由以及捍卫LGBT群体尊严的承诺发自共同的根源。对我们许多人而言,宗教信仰和实践是意义和身份的重要来源,是我们生而为人的根基。同样的,对于我们多数人而言,我们所缔结的爱与家庭的纽带也是意义和身份的重要来源。关怀别人是充满人性的一种表现。由于人类历程具有普遍性,因此人权也具有普遍性,能够跨越所有宗教和文化。
第四个议题是历史教导我们如何朝着人人都享有人权迈进。向前迈进以开诚布公的讨论为开端。有些人声称并认为所有同性恋者都有恋童癖,同性恋是一种可以得到诊断或治愈的疾病,或者同性恋者会招募其他人成为同性恋。而这些观念根本不正确。但如果提倡或者接纳这些观念的人被排斥在外,没有得到机会表明他们的恐惧或关注,这些观念便不太可能消失。从来没有人因为受到强迫而放弃一种信念。
普遍人权包括表达自由以及信仰自由,即使我们的话语或信仰贬损其他人的人性。然而,虽然我们有信仰的自由,却不能为所欲为——在一个我们保护所有人的人权的世界中不能这样做。
在这些问题上达成理解需要的不仅仅是演说。确实需要展开对话。事实上,需要在大大小小各种场合展开一系列对话,而且需要有意愿认识到在信仰上存在巨大差异是开始对话而不是避开对话的理由。
但是进步来自法律的改变。在许多地方,包括在我的国家,法律保护出现在更广泛地承认权利之前,而不是之后。法律具有教育的效用。歧视性的法律成为其他形式的歧视的根据;规定平等保护的法律使平等这一道德责任得到强化。根据实际情况,往往是必须先修改法律,对改变的担忧随后才会消失。
我国许多人认为,杜鲁门总统在下令消除我国军队中的种族隔离时犯了一个重大错误。他们坚持认为,这会破坏军队的凝聚力。直到他下达命令并实施以后我们才认识到,它是如何增强我们的社会结构的,其方式就连这一政策的支持人士当时都没有预见到。同样,我国有些人担心,废除“不问不讲”政策会对我国武装力量产生负面影响。而今天,曾是废除这项政策的最强烈的反对者之一的海军陆战队指挥官表示,他的担心是没有根据的,海军陆战队员支持这种改变。
最后,进步来自愿意设身处地为别人着想。我们应当问问自己:“如果爱我所爱的人是犯罪行为,这该是什么滋味?因为我身上某种我不能改变的东西而受到歧视是什么滋味?”当我们反省根深蒂固的观念时,当我们努力主张宽容和尊重所有人的尊严时,当我们谦逊地同那些与我们意见相左的人接触以期加深理解时,这会是我们所有人都面临的一个难题。
第五个、也是最后一个问题是,我们如何尽我们一份力让世界支持包括LGBT群体在内的所有人的人权。是的,LGBT群体必须帮助主导这项努力,正如你们许多人所作的那样。他们的知识和经历非常宝贵,他们的勇气令人鼓舞。我们知道为这项事业真正献出了生命的勇敢的LGBT群体活动人士的姓名,但还有很多很多人的名字我们将永远都不会知道。不过,那些权利遭到剥夺的人往往正是最没有自主权、不能实现他们力争实现的变革的人。如果单独行动,少数派人士永远不会成为政治变革所需的多数派。
因此,当人类无论哪一群体被边缘化时,我们其余的人不能袖手旁观。阻挡进步的壁垒每次倒塌时,都是靠来自壁垒两边的人的通力合作。在争取妇女权利的斗争中,男人的支持始终至关重要。争取种族平等的战斗依靠着各种族人民的贡献。战胜伊斯兰恐惧症或反犹太主义是各个宗教信仰的人的任务。这项为平等而进行的斗争也具有同样的道理。
反之,当我们面对剥夺与侵犯人权的行为而无动于衷时,就是在向那些剥夺与侵犯人权者传递着这样的信息:他们不必为其行为承担任何后果。因此他们会继续下去。但当我们确实采取行动时,我们会传递强大的道德信息。就在日内瓦这里,国际社会今年采取了行动,旨在增强对LGBT群体人权的全球共识。在今年 3 月的人权理事会(the Human Rights Council)上,来自各地区的 85 个国家支持发布一项声明,呼吁结束针对人们不同的性取向与性别身份而定罪和施暴的现象。
接着,在 6 月份举行的理事会会议上,南非率先提出一项针对向LGBT群体施暴问题的决议案。南非代表团雄辩地谈到他们自己的经历,谈到为争取人类平等与人性之不可离间而进行的斗争。当这项决议通过时,它成为联合国前所未有的承认全世界同性恋者人权的第一项决议。今年在美洲国家组织(Organization of American States)内,美洲人权委员会(Inter-American Commission on Human Rights)建立了一个关于LGBT群体权利的小组,朝着我们希望建立的特别报告人机制迈出了一步。
现在,我们必须向前走得更远,在这里和在全世界各地区激发对LGBT群体的人权的更大支持。对于那些人们因身为同性恋者而遭到监禁、毒打或被处决的国家的领导人,我请你们考虑这一点:根据定义,领导作用意味着在有需要时为你们的人民挺身而出。它意味着起身捍卫你们所有公民的尊严,并说服你们的人民也这样做。它还意味着确保所有公民在国家法律面前一律平等,因为我要明确地说——我不是说同性恋者不能或者不会犯罪 ;他们像一般人一样有可能也会犯罪。当他们犯罪时,他们应该受到追究。但身为同性恋者绝不应是罪行。
我要对所有国家的人说,支持人权也是你们的责任。同性恋者的生活不仅取决于法律的影响,而且也取决于家人邻居日常对待他们的方式。曾为在全球增进人权作出巨大贡献的埃莉诺·罗斯福(Eleanor Roosevelt)说过,这些权利始于自己身边的细微之处,包括居家的街巷;上学的校园;做事的工厂、农庄和办公室。这些是你们自己的生活圈。你们采取的行动,你们倡导的理念,对于人权能否在你所在的地方蓬勃发展具有决定作用。
最后,我要对全世界LGBT群体说,无论你生活在哪里,无论你处于怎样的生活状况,也无论你是有自己的扶助关系网还是深感形单影只,请记住,你不是孤立的。全球各地的人正在大力支持你们,并努力结束你们面对的不公正和危险。在我的国家的确是这样。美利坚合众国是你们的联盟,千百万美国人是你们的朋友。
欧巴马政府把捍卫LGBT群体的权利作为我们总体人权政策的一项内容,它也是我国外交政策的一项重点。我们驻外使馆的外交人员针对具体案例和法律提出我们的关注,并正为更有力地保护所有人的人权与多方合作伙伴共同努力。在华盛顿,我们在国务院成立了专门工作组,支持和协调这项工作。在近几个月内我们将为每一个使馆提供一套手段,加强他们的工作。我们还建立了一个项目,向LGBT群体的维权人士提供紧急救助。
今天早上在华盛顿,欧巴马总统首次确立了美国政府对海外践踏LGBT群体权利的现象予以抗击的战略。总统基于国务院和政府各部已经作出的努力,指示美国联邦政府所有涉外机构,同以LGBT群体的身份和举止为由而将他们治罪的做法作斗争,加强保护易受伤害的身为LGBT群体的难民和庇护申请人,确保我们的对外援助有助于保护男女同性恋者、双性恋者和变性者的权利,让国际组织加入到反歧视的斗争中来,并对欺辱LGBT群体的事件作出迅速反应。
我还很高兴地宣布,我们正在启动一个新的全球平等基金(Global Equality Fund),用于支持世界各地在这些问题上努力的公民社会组织的工作。该基金将帮助他们记录事实,以便他们能够更有针对性地开展维权活动,学习使用法律工具,管理其预算,培训工作人员,与妇女组织以及其他人权组织建立合作。我们已经承诺为该基金提供300多万美元的启动资金,并希望其他国家也会像我们一样为它提供支持。
那些为身处敌视环境的LGBT群体争取权利的人们——
其中一些人今天也在这里——富有勇气和献身精神,我们应当尽力帮助他们。我们知道,未来的道路不会一帆风顺,我们还有大量工作要做。但是,我们许多人已经亲眼目睹世界可能以很快的速度发生变化。我们这一代人看到,在许多地方人们对同性恋者的态度发生了根本的转变。多年来,许多人——包括我自己——对这个问题进行了更多思考、对话和辩论,在生活和工作中与同性恋者建立了联系,从而加深了我们自己的信念。
这种转变在许多地方都很明显。一个突出的例子是,德里最高法院两年前取消了印度的同性恋罪,其裁决书说:“如果说印度宪法包含一个最根本的原则,那就是包容性。”我毫不怀疑,对LGBT群体人权的支持会继续增加,因为对许多年轻人来说,这是一个简单的道理:所有的人都应当享有尊严,其人权应当受到尊重,无论他们是谁,也无论他们爱谁。
美国人在鼓励别人支持人权时常说一句话:请站在历史的正确的一边。历史上,美国曾经一再受到不宽容和不平等的困扰,我们为废除奴隶制进行了一场残酷的内战。全国人民曾投身于各种运动,为妇女、原住民、少数种族、儿童、残疾人、移民、劳工以及许多其他群体争取权利。今天,人们依然向着平等和公正的目标迈进。那些为更多人争取人权的人们站在历史的正确的一边,受到历史的肯定。那些试图限制人权的人是错误的,历史也证实了这一点。
我知道,就我今天谈到的想法所涉及的问题而言,人们的观念还在变化。正如过去无数次出现的情况,观念会再度统一于真理、永恒的真理,即所有人生来自由,享有平等的尊严和权利。我们再次受到召唤,要实现《世界人权宣言》的承诺。让我们响应这一召唤。让我们站在历史的正确的一边——为了我们的人民、我们各个国家和子孙后代,我们今天的作为会改变他们未来的生活。我今天来到这里,站在你们面前,满怀着希望和信心,无论未来的道路多么漫长,我们将携手向前,取得成功。非常感谢大家。(掌声)