A/HRC/35/36
United Nations
General Assembly
Distr.: General
19 April 2017
Original: English
Human Rights Council
Thirty-fifth session
6-23 June 2017
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Independent Expert on protection against
violence and discrimination based on sexual orientation and
gender identity
Note by the Secretariat
The Secretariat has the honour to transmit to the Human Rights Council the first
report of the Independent Expert on protection against violence and discrimination based on
sexual orientation and gender identity, Vitit Muntarbhorn, which has been prepared
pursuant to Council resolution32/2.
The theme of the report is “diversity in humanity, humanity in diversity”. The
phenomenon of violence and discrimination based on sexual orientation and gender identity
is both local and global, requiring strong national and international countermeasures to
promote respect for sexual and gender diversity under the umbrella of international human
rights law. In recognizing that everyone has some form of sexual orientation and gender
identity, there is the regrettable reality that some groups and persons are affected by
violence and discrimination, precisely because they are viewed as having a sexual
orientation and gender identity that is different from a particular societal norm.
The report offers a window through which to gauge the approach and methodology
of the Independent Expert. There are key reflections responding to the mandate, particularly
regarding the panorama of the situation, including the implementation of international
instruments, with identification of good practices and gaps; awareness of the violence and
discrimination issue, and linkage with root causes; dialogue, consultation and cooperation
with States and other stakeholders; the identification of multiple, intersecting and
aggravated forms of violence and discrimination; and support for international cooperation
and related services to assist national efforts.
Various underpinnings are singled out for specific attention to help prevent and
overcome negative elements fuelling violence and discrimination, and these will be dealt
with in greater detail in future reports: namely, decriminalization of consensual same-sex
relations; effective anti-discrimination measures; legal recognition of gender identity;
destigmatization linked with depathologization; sociocultural inclusion; and promotion of
education and empathy.
The report is anchored on the belief that while the diversity among human beings on
the basis of sexual orientation and gender identity should be recognized (“diversity in
humanity”), it is essential to harness and reinforce, from a young age, mutual respect,
tolerance and understanding, compliance with human rights, and a sense of humanity and
inclusivity inherent in that diversity (“humanity in diversity”), to accord protection for all
and to all.
GE.17-06261(E)