A/79/151 mechanisms supporting elections have their roots in long-established traditions and are enacted through procedural and legal processes. While continuity and stability are important, rigid adherence to past practices may slow the pace of new approaches needed to ensure the meaningful participation of sexual and gender minorities: as scholarship has shown, existing electoral policies are often embedded in institutions invested in maintaining social hierarchies and the status quo distribution of electoral power. 5 5. Elections take place within the general legal framework of a country, including laws related to sexual orientation and gender identity. Legal frameworks that apply to sexual orientation and gender identity do not always give recognition or protection equally to both. For example, some countries criminalize consensual same -sex relations between adults, but offer protections based on the legal recognition of a third gender. 6 Conversely, in some contexts there are legal protections based on sexual orientation, but not on gender identity. 7,8 Where anti-discrimination legislation exists, specialized agencies may be established to monitor cases of discrimination and promote inclusivity. 9 , 10 Similar tasks are often entrusted to national human rights institutions, and publicizing efforts to combat all forms of discrimination forms part of their responsibilities, as set out in the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles). 11 While restrictive legal frameworks that criminalize or discriminate against LGBT persons can have a negative effect on their electoral participation, adequate legal protections are key to ensuring the full enjoyment of their political rights. 6. Elections are an essential part of political processes, which are often centred around the competition for power and access to resources. Ideological rivalries can be acute, and political divides may reflect and exacerbate other rifts within society. Political polarization has characterized many elections worldwide over the past several years, making competition for votes especially confrontational. Political discourse has a profound impact on electoral participation. In the present report, the Independent Expert pays close attention to the impact of political rhetoric on the electoral participation of LGBT persons and the dissemination of hate speech, especially during the campaign period. II. Relevant international and regional human rights instruments 7. The Universal Declaration of Human Rights recognizes electoral participation as a key mechanism for everyone to take part in the governance of their country, directly or through freely chosen representatives. 12 The Declaration holds that, for the authority of the government to be based on the will of the people, “this will shall be expressed in periodic and genuine elections which shall be by universal and equal __________________ 5 6 7 8 9 10 11 12 4/25 Kathryn K. O’Neill and others, “The potential impact of voter identification laws on transgender voters in the 2022 general election” (Los Angeles, United States of America, University of California, School of Law William Institute, 2022). Submission by ReportOUT. Submission by Wo=Men, pp. 2 and 3. Submission by Dean Bordode. Submission on Nepal by the International Lesbian, Gay, Bisexual, Trans and Intersex Association, p. 3. Submission by North Macedonia, p. 1. General Assembly resolution 48/134, annex; Asia Pacific Forum of National Human Rights Institutions and United Nations Development Programme (UNDP), Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics: A Manual for National Human Rights Institutions (Bangkok, 2016). Universal Declaration of Human Rights, art. 21, para. 1. 24-12964