Embrace diversity and energize humanity 2017, para. 51

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Positive developments can be seen in several countries in regard to the adoption of laws and other measures integrating sexual orientation and gender identity as part and parcel of the right to be free from discrimination and the right to equality before the law. Anti-discrimination laws come in various shapes and sizes. For instance, sexual orientation and gender identity might be integrated directly into the constitution, as in the reform of the Constitution in 2008 in Ecuador. South Africa was the first country globally to include protection against discrimination in relation to sexual orientation in its Constitution in 1996, while Fiji was the first country to explicitly incorporate sexual orientation, gender identity and gender expression as protected characteristics in its Constitution in 2013. To date, the constitutions of the Plurinational State of Bolivia and Malta are the only two to explicitly include both sexual orientation and gender identity as non-discrimination grounds. There might be a general law on non-discrimination, such as Thailand’s gender equality law, which incorporates the notion of “sex expression” to cover gender identity and related expression. Alternatively, there could be even more specific laws with provisions providing sexual orientation and gender identity protection in key contexts, such as employment, education, health care, housing, provision of goods and services, inheritance, recognition of relationships and family law or immigration. To be effective, anti-discrimination frameworks should provide for effective measures to investigate alleged violations, redress for victims and accountability for alleged perpetrators.
Legal status
Non-negotiated soft law
Body
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
  • Equality & Inclusion
  • Gender
  • Social & Cultural Rights
Person(s) affected
  • LGBTQI+
Year
2017
Paragraph type
Other
Paragraph focus
Effective anti-discrimination measures
Paragraph number
51