A/79/151
increased the visibility of LGBT persons in the electoral process and had a mitigating
effect on violence. 189
64. In several submissions, the positive role played by civil society in promoting
changes in law and practice was highlighted. Examples included consultations that
had led to Brazil allowing trans voters to register with their gender identity and
affirmed name, 190 collaborations with fact-checking organizations to combat
disinformation on social media in Brazil, 191 and the assessment and public
dissemination of voter education materials addressed to LGBT voters in Hungary. 192
However, attention is needed on how “[o]nerous and bureaucratic financial controls
and reporting requirements” can have an impact on LGBT organizations, in particular
women’s organizations working on sexual orientation and gender identity rights and
other issues in the context of rising fundamentalism, 193 with funding restrictions often
put in place ahead of elections. 194 Notably, any provision “restricting or prohibiting
the right to freedom of association, including the right to access funding, of a specific
group on discriminatory grounds, such as sexual orientation or gender identity, is not
permitted under the [International Covenant on Civil and Political Rights] and must
be reviewed with a view to repealing”. 195 LGBT persons facing multiple
marginalization may further be underrepresented or excluded from civil society
organizations and movements that represent only one aspect of their identity, such as
by focusing on discrimination related to their race but not t heir gender, or on their
disability but not on how this interacts with their sexual orientation. 196
XI. Conclusion
65. The right to participate fully and equally in electoral processes for LGBT
people is hindered by interconnected factors that are directly related to the
broader social context. In settings where discrimination and violence are rife,
participation is hindered; where LGBT people are equally protected, so, too, are
their democratic rights. Violence, and the threat of violence, are the most
prominent obstacles to electoral participation. Violence thrives in settings where
there are discriminatory laws, often coupled with hostile and demeaning rhetoric
amplified during elections. To overcome barriers to electoral participation based
on sexual orientation or gender identity, States need to ensure that rights are
equally upheld. In addition, proactive measures should be taken to address
specific administrative and procedural obstacles that arise in a context o f legal
inequality and social precarity.
XII. Recommendations
66.
The Independent Expert recommends that States:
(a) Increase efforts to collect data on barriers to participation for diverse
LGBT persons as voters, candidates, election officials and election observers, in
ways that are respectful of context and the risks posed during volatile election
years;
__________________
189
190
191
192
193
194
195
196
24-12964
Submission by Ronald Kihali, p. 2.
Submission by VoteLGBT, p. 9.
Ibid., p. 10.
Submission by the national human rights institution of Hungary, p. 5.
A/75/184, para. 71.
See A/HRC/50/23.
Ibid., para. 47.
See A/75/184.
23/25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents