This is only the second resolution adopted by the UN's top human rights body attempting to deal with sexual orientation and gender identity. In 2011 the Council adopted the first resolution which commissioned a "study" and a panel discussion. The 2011 report refused to name the worst abusers of LGBT rights - countries which criminalize homosexual acts with the death penalty. These states are Iran, Saudi Arabia, the United Arab Emirates, Yemen and Mauritania.
The panel discussion held by the Council in March 2012 was boycotted by Islamic states, while the African group "reject[d] categorically any attempt to impose ... such concept" and the Arab group "absolutely opposed the so-called concept of sexual orientation.
In order to pass at all, changes in the final version of the text ultimately adopted in September included:
- The resolution makes no mention of the UN's own the United Nations global public education campaign for lesbian, gay, bisexual and transgender equality, called "Free and Equal." The first draft of the resolution "welcomed" the "Free and Equal" campaign.
- The resolution only requests the High Commissioner to submit an "update" to the 2011 report in June 2015. The first draft called for regular reporting, a "report thereon to the Council every 2 years."
- The resolution calls for an updated report without specifically identifying its purpose as addressing sexual orientation and gender identity. It describes the 2015 report as being about "sharing good practices and ways to overcome violence and discrimination." An earlier draft of the resolution - opposed by Islamic states - called for a report addressing "discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity."
- At the behest of Islamic states, the purpose of the commissioned report in 2015 was also circumscribed by the words: "good practices and ways to overcome violence and discrimination, in application of existing international human rights law and standards." They will undoubtedly proceed to insist that existing standards do not include LGBT rights.