A/79/151 suffrage and shall be held by secret vote or by equivalent free voting procedures”. 13 Article 25 of the International Covenant on Civil and Political Rights recognizes the right of every citizen, without discrimination or unreasonable restrictions, “to vote and to be elected at genuine periodic elections which shall be by universal and equ al suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors”. 14 Regardless of the form of government, States are obligated to protect these rights. 8. Since its founding, the United Nations has recognized democratic principles as an integral part of its central values, in both the founding Charter of the United Nations and in the Universal Declaration of Human Rights, that inform its work on development, peace and security and on human rights, respectively. The United Nations system promotes democratic governance to encourage greater participation, equality, security and human development. At the 2005 World Summit, all States Members of the United Nations expressed their commitment to democracy as a core principle, and they reiterated that commitment in 2007 in General Assembly resolution 62/7. In 2009, the Secretary-General published a guidance note presenting a “framework for democracy”, in which he encouraged popular participation in and support of free and fair elections, fostering the development of a culture of democracy, encouraging responsive and inclusive governance, and supporting a strong and vibrant civil society. 15 The General Assembly recognizes that these obligations include a duty to ensure equal democratic participation of all individuals, free from any kind of discrimination, including on the basis of sexual orientation or gender identity. 16 9. International principles for democratic elections and the general prohibition on discrimination apply to everyone without distinction and therefore should also be considered in relation to the electoral participation of LGBT persons. The standards of “universal and equal suffrage” are clearly applicable, as discrimination inhibits the opportunity to participate in elections on an equal basis with others. Guarantees of the “free expression of the will of the electors” are also directly relevant, as they concern combating discrimination and safeguarding other rights before and during elections. 17 10. The International Covenant on Civil and Political Rights prohibits discrimination against all persons, including LGBT persons, in relation to all rights provided by the Covenant, among them suffrage and participation in political life. 18 The exercise by citizens of their rights to take part in the conduct of public affairs, vote and be elected must be without adverse and impermissible distinction of any kind, including sexual orientation or gender identity, in line with articles 2 and 25 of the Covenant. 19,20 OHCHR highlighted that “human rights mechanisms have noted that criminal law sanctions that target lesbian, gay, bisexual, transgender and intersex persons, as well as discriminatory restrictions on their freedoms of peaceful assembly, association and expression, result in severe limitations on their participation in __________________ 13 14 15 16 17 18 19 20 24-12964 Ibid., art. 21, para. 3. See Human Rights Committee, general comment No. 25 (1996) on participation in public affairs and the right to vote. OHCHR, “Guidance note of the Secretary-General on democracy”, 27 August 2009. General Assembly resolution 78/208, para. 7. Human Rights and Elections: A Handbook on International Human Rights Standards on Elections (United Nations publication, 2021), para. 35. Human Rights Committee, general comment No. 37 (2020) on the right of peaceful assembly, para. 46; and general comment No. 36 (2018) on the right to life, para. 61. See CCPRC/C/123/D/2318/2013. Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para. 32. 5/25

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