A/HRC/44/53
I. Introduction
1.
The present report is submitted to the Human Rights Council by the Independent
Expert on protection against violence and discrimination based on sexual orientation and
gender identity, Victor Madrigal-Borloz, in furtherance of Human Rights Council
resolutions 32/2 and 41/18, and covers the period from 1 May 2019 to 30 April 2020.
2.
The report also reflects the Independent Expert’s research on practices known as socalled “conversion therapy” (see para. 17 below), the proponents and providers of which
seek to change non-heteronormative sexual orientations and non-cisnormative gender
identities. The analysis is focused on the impact of those practices on the people who are
subjected to them, the human rights implications of those practices and their connection
with violence and discrimination based on sexual orientation and gender identity, as well as
the related measures of prevention, accountability and redress.
II. Activities carried out during the reporting period
3.
The Independent Expert is committed to active engagement with the widest scope of
stakeholders and trusts that all dialogue has the following as a point of departure: violence
and discrimination based on sexual orientation and gender identity are never justified and
must be prevented and condemned.
4.
The Independent Expert held public consultations on thematic issues in Geneva on
26 June 2019 and 5 February 2020 and an expert meeting in Cambridge, Massachusetts,
United States of America, on 28 February 2020.
5.
The Independent Expert conducted a country visit to Ukraine from 30 April to 10
May 2019, and intended to carry out a visit to Sri Lanka, which was unfortunately
postponed due to force majeure. He thanks both States for the invitation and collaboration
he received. He sent visit requests to Burkina Faso, Cambodia, Ghana, India, Japan, Kenya,
Nepal, Poland, Thailand and Tunisia. In addition, at the invitation of the University of
Iceland, he carried out a visit to Reykjavik from 2 to 4 September 2019, during which he
delivered a keynote speech on social inclusion at the Nordic House, carried out a working
session with the Directors of Human Rights of the Nordic and Baltic countries and met with
Icelandic political and religious authorities and Icelandic civil society organizations.
6.
On the margins of his interactive dialogue at the Human Rights Council and the
seventy-fourth session of the General Assembly, he held meetings and consultations with
Member States, representatives of United Nations entities, representatives of civil society
and business leaders. In August, September and December 2019 he met with
representatives of the Organization of American States (OAS) LGBTI Core Group in
Washington, D.C., the United Nations LGBTI Core Group and the Equal Rights Coalition
in New York, regional groups in Geneva, and held many bilateral exchanges with Member
States.
7.
At the invitation of the respective Special Rapporteurs, the Independent Expert took
part in two expert meetings: in Tunis, on 11 June 2019, on freedom of religion or belief and
gender equality; and in New York, on 22 October 2019, on cultural rights defenders. At the
invitation of United Nations entities, the Independent Expert took part in several meetings:
on 29 and 30 June 2019, on engaging the private sector for the equality of lesbian, gay,
bisexual, trans and intersex persons (Office of the United Nations High Commissioner for
Human Rights); on 9 July 2019, on data privacy for lesbian, gay, bisexual, trans and
intersex persons in cyberspace (United Nations Development Programme (UNDP)); and, on
15 July 2019, on gender diversity beyond binaries (United Nations Entity for Gender
Equality and the Empowerment of Women (UN-Women)), the United Nations Gay,
Lesbian and Bisexual Employees (UN-GLOBE) and OutRight Action International). The
Independent Expert also held formal exchanges with the Working Group on discrimination
against women and girls on 5 June 2019 and 30 January 2020, with the Working Group on
the issue of human rights and transnational corporations and other business enterprises on 6
February 2020, and with the Committee on Economic Social and Cultural Rights on 5
March 2020.
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