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Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 16
- Paragraph text
- The sale of and trafficking in children, although similar, are two distinct but linked human rights violations, and States are legally bound to take measures to prevent both (article 35 of the Convention on the Rights of the Child). States tend to confuse the sale of children with child trafficking. Indeed, most national legislations and available data refer to the crime of trafficking, while the crime of sale is overlooked. Consequently, most of the data and documents that were analysed for the purpose of the present study focus on trafficking, as specific information on the crime of sale of children continues to be scarce.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 32
- Paragraph text
- Threats faced by boys and girls do not end when they leave their home countries. As they travel onward, often paying their way through dangerous routes by using exploitative smuggling and trafficking networks, children are subject to further violence, abuse and exploitation, including at borders owing to pushbacks and interceptions by border control officials. Unaccompanied children and those separated from their families face heightened risks, both along the route and upon arrival in transit countries.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Boys
- Children
- Families
- Girls
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 37
- Paragraph text
- Living in limbo for long periods owing to delays or inefficiencies in or the absence of legal paths to migration may drive children who have depleted their financial resources to seek alternative ways, whether legal or illegal, to earn money either to survive or to continue their journeys. Moreover, when they are out of school for long periods, undernourished and without health care, impoverished and beset by mounting anxieties as uncertainty drags on, children become increasingly vulnerable and desperate.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 38
- Paragraph text
- Children may be compelled to work to sustain themselves or provide for their families’ basic needs, especially where parents cannot work legally or simply cannot find work, legally or illegally. Iraqi and Syrian refugee children in Lebanon, for example, work in textile factories, construction or the food service industry, or as agricultural labour or street vendors in conditions amounting to forced labour. According to UNICEF, in Jordan, Lebanon and Turkey, shopkeepers, farmers and manufacturers hire Syrian refugee children because they can pay them a lower wage. Children, especially girls, are seen as less likely to be targeted by the police or prosecuted for illegal work than adults, making families more likely to send them to work. These types of child labour, which often mask other forms of exploitation, such as trafficking for forced labour, have dire consequences on children.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Humanitarian
- Violence
- Person(s) affected
- Children
- Families
- Girls
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 40
- Paragraph text
- Finally, the practice of “temporary” child or forced marriages is one of the dangerous coping mechanisms that girls face while in refugee camps in transit countries. Confronted with the economic burdens brought on by protracted displacement and limited or inexistent work opportunities, some refugee and migrant parents, and often children themselves, turn to those measures because they feel that they are the only option for safeguarding a child’s future or supporting a family’s immediate needs. For example, Syrian refugee girls are often forcibly married by their parents, who view such arrangements as a way of securing their daughters’ safety and ensuring the family’s livelihood through the dowry. Once married, those girls are likely to end up in a situation of sexual and domestic exploitation by a spouse whom they have followed abroad. The use of child and forced marriages to traffic girls into prostitution in another country is also common.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Girls
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 42
- Paragraph text
- Children are also coerced into criminal activities by adults or peers. For example, in refugee camps in Iraq and Lebanon, Syrian refugee children are trafficked for forced begging and selling items on the street. Moreover, trafficked children are often obliged or induced by their exploiters to commit crimes, such as pickpocketing, burglary and drug cultivation and transportation. On the route from the Horn of Africa to North-Eastern Africa, there have also been cases of trafficking for the purpose of organ removal. Although the extent of such crimes is unknown, children on the move travelling along these routes are also vulnerable to them.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 25
- Paragraph text
- In many conflict-affected countries, girls become victims of sexual exploitation, including forced marriage, sexual slavery, prostitution and forced pregnancy. The egregious pattern of girls abducted from their homes or schools in conflict-affected settings by extremist groups has also emerged. In Iraq, for example, girls from ethnic and religious minority groups such as the Yazidis continue to be subjected to sexual violence by Islamic State in Iraq and the Levant (ISIL). There are also reports of trafficking in and sale of children by ISIL. In Somalia, there is a pattern of forced marriage of girls to militants from groups such as Al-Shabaab and Ahl al-Sunna wal-Jama‘a and soldiers of the National Army.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 26
- Paragraph text
- In addition to being a means for advancing their criminal endeavours, the sexual exploitation of children is further used by violent extremist groups to generate revenue, as part of the shadow economy of conflict and terrorism, through trafficking for the purpose of sexual exploitation, sexual slavery and the extortion of ransoms from desperate families. In some circumstances, girls are themselves treated as the “wages of war”, being gifted as a form of in-kind compensation or payment to fighters, who are then entitled to resell or exploit them as they wish. Such strategies are also believed to be a way of recruiting, rewarding and retaining fighters.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 27
- Paragraph text
- In humanitarian crises, the pre-existing vulnerabilities of girls that are rooted in discriminatory traditions and customs persist and lead to negative coping mechanisms. Children seeking to survive are often compelled to exchange sexual services, and girls are even forced to marry for food, shelter, protection or safe passage. According to the Secretary-General, approximately 90 per cent of women and girls affected by conflict in north-east Nigeria do not have access to basic services. As a result, they are forced to exchange sex for food and other essential supplies, and the child or forced marriages of girls to older men are on the rise, as a supposed protection mechanism and source of income for desperate families.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Children
- Girls
- Men
- Women
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 29
- Paragraph text
- Chaos in the aftermath of a natural disaster can also exacerbate the vulnerability to exploitation of the affected communities by making children more prone to accepting, for example, bogus offers of employment or education from traffickers or criminal networks. In order to support the family’s dire economic situation or meet their own needs, children are sold or trafficked for the purpose of labour exploitation. They may be entrusted by family members to people who promise to find them work either within or outside the country, or they may directly offer their services to employers and middle persons. Once in the hands of traffickers who prey on their eagerness to work and send money to the family, those children are forced into the worst forms of child labour.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 39
- Paragraph text
- Moreover, in transit countries such as Libya, migrant girls are often exposed to sexual violence by parties to the conflict, as well as by smugglers, traffickers and other criminal groups. They face threats and sexual violence when held, sometimes for months, in detention centres and in poor conditions, and are also abducted and sexually abused by groups pledging allegiance to ISIL.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Girls
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 41
- Paragraph text
- For the girls involved, these coping mechanisms have dangerous short- and long-term implications that put them at increased risk of physical and emotional abuse. Such mechanisms also reduce the likelihood that a girl will complete schooling, a reality that can have negative repercussions throughout a girl’s life, including earlier childbearing, worse health outcomes and lower income.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 47
- Paragraph text
- Effective procedures for the identification of sold, trafficked or otherwise exploited children or potential victims are needed in places where migrants or refugees reside, including reception centres, refugee camps or informal settlements, and in areas of arrival of large influxes of people fleeing conflict and humanitarian crisis. Too often, cases of missing children, who may be victims of trafficking, go unnoticed owing to a lack of reporting procedures.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 86a
- Paragraph text
- [In terms of cooperation and coordination, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Strengthen collaboration, data sharing and the exchange of good practices among Governments, humanitarian agencies and civil society on the identification, referral and assessment of children at risk of sale, trafficking and exploitation;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 54
- Paragraph text
- Children are entitled to adequate accommodation, giving priority to family-based and family-like solutions. Unaccompanied or separated children should be housed in specialized camps or at least in areas separated from adults. However, the availability of specific services to address the needs of children and the general circumstances faced by children largely depend on the facility where they are housed.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 57
- Paragraph text
- A lack of coordination among services and case management gaps have also been identified, in addition to a limited capacity or lack of protocols to address child sexual abuse in public hospitals located near the camps. The absence of trained female translators and adequate psychological support constitute additional obstacles in the implementation of protection mechanisms and have important consequences in the detection and referral of child trafficking and exploitation cases.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 85d
- Paragraph text
- [In terms of prevention and the promotion of rights, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Identify measures to prevent the sexual and labour exploitation of children, including by establishing accessible, safe and regular channels of migration, respecting the principle of non-refoulement and ensuring that, whenever relevant, migrant and refugee children have regular access to the labour market in the host country;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 17
- Paragraph text
- Whether induced by armed conflict, natural disasters or protracted humanitarian situations, crises are accompanied by a breakdown in public institutions, violations of human rights, the erosion of essential services, inequalities and impoverishment. Existing vulnerabilities to sale, trafficking and exploitation, from gender-based violence to discrimination and to lack of economic opportunities, are exacerbated during such crises. Furthermore, crises tend to fuel impunity, the breakdown of law and order and the destruction of communities, and foster the conditions in which trafficking and other forms of exploitation flourish, often past the point at which hostilities or the humanitarian crises cease. Other aggravating factors are related to discrimination, whether gender-based, ethnic, racial, religious, social, within a community or at the national level.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 21
- Paragraph text
- As one of the main destinations for children on the move who are fleeing violence, conflict and humanitarian crisis, Europe is at the heart of the sale of, trafficking in and other forms of exploitation of children. In Europe, child trafficking has increased sharply owing to the migration crisis. High rates of trafficking in and exploitation of children have been documented on the central Mediterranean route from North Africa to Italy. While in transit from sub-Saharan Africa to Europe, young Somalis become victims of frequent and serious violence at the hands of traffickers, criminal gangs and Libyan groups. Those children are frequently detained in Libyan jails until a ransom of about $2,000 is paid.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Youth
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 22
- Paragraph text
- In Central and North America, 100,000 unaccompanied or separated children were identified at the border between Mexico and the United States of America, comprising one third of such children who were registered worldwide in 2015 and 2016. More than half of those children have been fleeing situations of extreme violence, generally related to organized crime, in countries such as Honduras, Guatemala, Mexico and El Salvador. Those who undertake this perilous journey are exposed to xenophobia, discrimination, abuse, violence and exploitation, and many end up detained at the border, where they risk further ill-treatment, abuse and exploitation. Up to 38 per cent of the children coming from Mexico and apprehended in the United States had been recruited into the smuggling industry, indicating a high proportion of exploitation at the border.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 59
- Paragraph text
- A durable solution is a long-term, sustainable solution that ensures that all children, including unaccompanied and separated children, can develop into adulthood in an environment that will meet their needs and rights, including recovery and (re)integration. Such solutions may encompass voluntary repatriation, resettlement, local integration and complementary pathways to protection and other durable solutions. However, the common practice has been the return of the child to their family or country of origin as a first option. States should only return or repatriate unaccompanied children as a measure of protection, for example, to ensure family reunification in cases in which it is in the child’s best interest and after due process of law. Unfortunately, in countries where reception networks are overwhelmed by the increasing number of children on the move, individual assessments of the best interests of the child are not taken into account and children are placed in inadequate facilities. These deficiencies in the protection system also increase children’s vulnerability to exploitation and trafficking. Confronted with the States’ failure to provide an adequate response, children see traffickers and smugglers as a preferable source of support. These reasons, together with the gaps identified in child protection systems and the lack of reliable data and coordination among services and across transit and destination countries, contribute to the rising figures of missing children. In addition, children may not wish to be identified in the first European Union country that they enter in order to escape the implications of the Dublin regulation (regulation (EU) No. 604/2013) establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 76
- Paragraph text
- Living in limbo for long periods owing to delays or inefficiencies in or the absence of regular channels for migration may drive children who have depleted their financial resources to seek alternative ways, whether legal or illegal, to earn money either to survive or to continue their journeys. This situation leads them into the arms of criminals who are able to facilitate their passage to other countries. Moreover, the use of detention for children on the move is contrary to their rights, is especially detrimental to their well-being and should not be resorted to. In addition, while it is fundamental to pursue ongoing efforts to investigate and prosecute smugglers and traffickers, more emphasis must be placed on reducing the vulnerabilities of children on the move.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 49
- Paragraph text
- The use of children by migrant smuggling networks also raises concerns about the misidentification of children. Within the northern triangle of Central America, children are frequently recruited by criminal gangs to work as migrant smugglers. The voluntary nature of their decision to take part in the smuggling of migrants across the Mexican border is doubtful. While interviews have exposed that, in some cases, children started voluntarily as human smuggling guides, once part of the cartels that control the smuggling routes, children were unable to leave their exploiters. Indicators of exploitation are often overlooked by State authorities, and children are not identified as child victims of trafficking.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 80b
- Paragraph text
- [In terms of identification, all States, particularly those hosting children who are victims of exploitation in situations of conflict and humanitarian crisis, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure that such identification procedures take into account the age, gender, cultural background and maturity of the child, as well as the circumstances of his or her journey. This approach should be aimed at establishing a relationship of trust with the children, ensuring that their views are heard and duly taken into account. Child-sensitive age assessment should only be performed in cases of doubt regarding the child’s age. In case of uncertainty, the person should be considered a child. Children should also be informed of the purpose and process of age assessment procedures in a language that they understand;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 80c
- Paragraph text
- [In terms of identification, all States, particularly those hosting children who are victims of exploitation in situations of conflict and humanitarian crisis, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Enhance the capacity of all stakeholders, including border and law enforcement officials, front-line workers and volunteers, in places where migrants or refugees reside, including reception centres, refugee camps or informal settlements, and in areas of arrival of large influxes of people fleeing conflict and humanitarian crisis, to ensure the systematic registration of all, including children, and the identification of cases and risks of trafficking and exploitation of children.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 81d
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure the provision of health and psychosocial services in places where migrants or refugees reside, including reception centres, refugee camps or informal settlements, as well as access to education, religious and cultural practices. Ensure also that practitioners are trained and supported in working with distressed, traumatized children and victims of trafficking and exploitation. Services must be child-friendly and give consideration to the cultural, religious and social norms and values of these children;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 33
- Paragraph text
- Factors contributing to the sexual exploitation of children on the move include their lack of financial resources, the failure of child protection and welfare systems to act as a safety net, the prolonged exposure to inhumane living conditions and a protracted and overly burdensome path to residence status.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 36
- Paragraph text
- There are also indications that the most common form of sexual exploitation for Afghani boys on the move is rape by their traffickers and their “friends”, which they endure without reporting.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Boys
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 78
- Paragraph text
- In view of the States’ legal responsibility to identify, protect and assist children who are victims of sale and trafficking and those vulnerable to other forms of exploitation in all circumstances, including conflict and humanitarian crisis, and ensure accountability for crimes, the Special Rapporteurs offer the following recommendations.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 85e
- Paragraph text
- [In terms of prevention and the promotion of rights, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Collect and analyse disaggregated data on the crimes of sale of, trafficking in and other forms of exploitation of children, in order to inform the design and implementation of effective prevention and protection policies to combat those phenomena;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 50
- Paragraph text
- Moreover, despite existing guidelines, approaches to the age and filiation determination of children have raised many concerns. Age determination procedures are frequently intrusive, unreliable and often expose unaccompanied children to the same violations as undocumented adults. Inaccurate age assessments and the lack of recognition of a child status have resulted in unaccompanied children facing risks of detention, deportation and violence.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 52
- Paragraph text
- To respect and apply the rights enshrined in the Convention on the Rights of the Child, States must ensure that protection measures follow the general principles of non-discrimination, best interests, right to life, survival, development and respect for the views of the child. Children also have the right to information, confidentiality and international protection.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 74
- Paragraph text
- Conflict and natural and humanitarian disasters expose children, and more particularly those unaccompanied or separated from their families, to multifaceted vulnerabilities and put them at a higher risk of being trafficked, sold and sexually exploited, coerced into child or forced marriages, and used in the worst forms of child labour. While girls are more likely to fall victims to sexual exploitation, there are nonetheless also cases of boys being abused.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 81c
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Establish or adapt national referral mechanisms for assistance and protection services, including gender- and child-sensitive measures, for victims and potential victims of sale, trafficking and other forms of exploitation, involving national authorities and civil society organizations in decision-making;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 81g
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure that children have full access to information about their rights and the protection and support services available to them, that this information is accurate, timely and comprehensive and that it is delivered in a manner that takes into consideration their age, language and cultural background.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 85b
- Paragraph text
- [In terms of prevention and the promotion of rights, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Prevent the sale of and trafficking in children, especially targeting unaccompanied children, such as orphans, children left behind by parents fleeing conflict and children moving alone to flee conflict and humanitarian crisis areas;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 83a
- Paragraph text
- [In terms of access to justice, prosecution and sanctions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure that national legislation prohibits and criminalizes the sale of and trafficking in children as separate crimes, with penalties that reflect the gravity of those crimes;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 83c
- Paragraph text
- [In terms of access to justice, prosecution and sanctions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure easy access to child-sensitive complaint and reporting mechanisms for child sexual abuse and exploitation, through comprehensive and adequately resourced child protection systems;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 30
- Paragraph text
- In addition, children, especially those who are unaccompanied or live in conflict and humanitarian crisis areas, may be sold or trafficked to serve as combatants in armed conflict. Children are also used as human bombs and human shields. For example, in Iraq, ISIL and other extremist groups traffic boys and young men, including members of the Yazidi minority, into armed conflict, radicalize them to commit terrorist acts, using deception, death threats or the offer of money and women as rewards. In Nigeria, between 2014 and 2016, a total of 90 children (70 girls and 20 boys) were used by Boko Haram in 56 suicide bombings. Children are also compelled to work as porters, cooks, guards and messengers, or are forced to commit crimes, such as looting and physical and sexual violence. In addition, boys and girls in those situations are often sexually abused.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 31
- Paragraph text
- The aftermath of humanitarian disasters is also a fertile ground for the illegal international adoption of children, as it is facilitated by the breakdown of institutions and the lack of border control. For example, following the earthquakes in Haiti in 2010 and Nepal in 2015, there were concerns that separated and orphaned children were being trafficked for sexual or labour exploitation, sold or illegally adopted, sometimes by well-meaning families. In addition, the crossover between smuggling and trafficking represents a major risk for children, including those who go missing with the aim of reaching relatives or acquaintances in another country.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 69
- Paragraph text
- The Rome Statute of the International Criminal Court lists, under acts that may constitute war crimes and crimes against humanity, the recruitment and use of children in armed conflict, the commission of rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization any other form of sexual violence and enslavement. Also of relevance are the Geneva Conventions relating to the protection of victims of international armed conflicts of 1949 and the Protocols Additional thereto of 1977, under which certain conduct in the context of international and non-international armed conflict, including slavery, sexual slavery, sexual violence and forced labour, is prohibited.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 82a
- Paragraph text
- [In terms of durable solutions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure that child victims have the right to receive long-term care and protection, including full access to health care, psychosocial support, social services, education, vocational training and life skills education. In consultation with the child and in coordination with the local child welfare systems, an individual plan should be adopted, and arrangements need to be found that favour family- and community-based solutions;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 15
- Paragraph text
- The rationale of the joint report stems from the fact that addressing emerging forms of vulnerabilities of children has been identified as a priority area by both mandate holders during their respective tenures. The joint report also reflects the commitment of the Special Rapporteurs to ensuring complementarity among those special procedures mandate holders who address cross-cutting issues of concern and to mainstreaming the protection of children’s rights within the special procedures system.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 24
- Paragraph text
- Conflict and humanitarian crises result in children risking being exposed to sale, trafficking and other forms of exploitation, whether in their homes, communities or society, or in places where migrants or refugees reside, including reception centres, refugee camps or informal settlements in source, transit and destination countries, some of which are discussed below.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 63
- Paragraph text
- The international legal framework on the sale of, trafficking in and other forms of exploitation of children in conflict and humanitarian crises draws on several branches of international law. In some cases, common and overlapping rules operate to ensure that certain protection measures (e.g., against sale, trafficking, slavery, sexual exploitation, child and forced marriage and forced labour) are applicable in all situations, including in situations of armed conflict and humanitarian crisis.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 81f
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Appoint trained and independent translators in areas and services that are or could potentially be in contact with vulnerable migrant and refugee children to facilitate effective communication and access to services;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 77
- Paragraph text
- Finally, while, the Special Rapporteurs, in the present report, aim to raise international awareness of the vulnerabilities of children to sale, trafficking and other forms of exploitation related to the complex situation of conflict and humanitarian crisis, by no means do they deal exhaustively with all such forms of exploitation, and the report only provides an overview of the vulnerabilities of children.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 14
- Paragraph text
- The forms of exploitation covered include the sexual exploitation of children, child and forced marriage, the labour exploitation of children and child labour, including in its worst forms, such as the recruitment and use of children in armed conflict. The children who are considered in the context of the present report are those who are said to be “on the move”, and may be unaccompanied or separated from their families. This includes refugee children, internally displaced children and child migrants below 18 years of age. The report is based on a literature review of available material on this topic.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 35
- Paragraph text
- Similarly, girls are trafficked for sexual exploitation in temporary reception centres and informal settlements. In northern France, some children were transported to Spain, where they were sexually exploited in order to cover the cost of their onward journey to London of around €9,000. In the same area, some children claiming to be adults were sexually exploited for the promise of passage to the United Kingdom or in order to pay for the journey by receiving around €5 a time for sexual services, revealing the level of pressure that they were under to raise the €5,000 to €7,000 charged for their passage.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 71
- Paragraph text
- Various United Nations resolutions also address this issue. For example, the Human Rights Council has addressed child, early and forced marriage in humanitarian settings in its draft resolution A/HRC/35/L.26, while the Security Council, in its resolution 2225 (2015), requested the Secretary-General to include in the annexes to his reports on children and armed conflict those parties that engage in patterns of abduction of children in situation of armed conflict, and, in its resolution 2331 (2016), focused for the first time on trafficking in persons in the context of armed conflict.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 73
- Paragraph text
- Lastly, global initiatives, such as the 2030 Agenda for Sustainable Development, call upon States to eradicate, inter alia, trafficking in and other forms of exploitation of children in its targets 5.3, 8.7 and 16.2. In addition, the New York Declaration for Refugees and Migrants (General Assembly resolution 71/1) commits States to protect the human rights of all refugee and migrant children, regardless of their status, in particular those of unaccompanied children or of children separated from their families. The ensuing development of the global compact for safe, orderly and regular migration and of that on refugees constitutes a potential additional landmark for the protection of children on the move from trafficking and other forms of exploitation.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 75
- Paragraph text
- Existing prevention mechanisms and responses to various forms of exploitation of children in the context of conflict and humanitarian crisis are largely ineffective and lead to precariousness. Indeed, the accurate identification of children who are victims of sale, trafficking and other forms of exploitation is hindered by the inadequate training, or lack thereof, of frontline workers, challenges in age and filiation determination, and a lack of communication and coordination among various actors. In spite of some promising practices, the interim care of and durable solutions for vulnerable children on the move often do not consider the specific needs of children, especially those separated or unaccompanied who live in mixed spaces with adult migrants or refugees in areas or camps that lack basic amenities. The existence of numerous cases of sexual exploitation of children is an additional indication of the failure of a protection system meant to safeguard them.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 84
- Paragraph text
- The United Nations should ensure that the sale of and trafficking in children are linked to the six grave violations and abuses against children. When linked to trafficking, such violations are particularly egregious and should be given special consideration as grounds on which to bar countries repeatedly listed as being involved in those violations in the annual reports of the Secretary-General on children and armed conflict from contributing troops to United Nations operations. In addition, when such violations constitute international crimes, the international community should ensure that perpetrators are held accountable by, inter alia, referring cases to the International Criminal Court, as a means to combat impunity and ensure that such heinous crimes do not go unpunished.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 85f
- Paragraph text
- [In terms of prevention and the promotion of rights, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Address factors that increase the root causes of vulnerabilities of children to sale, trafficking and other forms of exploitation in the context of conflict and humanitarian crisis by adopting and implementing strategies that tackle, among other factors, inequality, poverty and all forms of discrimination, including in the context of the strategies for implementing the 2030 Agenda for Sustainable Development.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Poverty
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 86b
- Paragraph text
- [In terms of cooperation and coordination, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Actively participate in and support international initiatives, such as Alliance 8.7 and the Global Partnership to End Violence against Children, aimed at achieving the Sustainable Development Goals, to ensure that children grow up free from violence and exploitation, and engage in the global compact for safe, orderly and regular migration and the global compact on refugees;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 86c
- Paragraph text
- [In terms of cooperation and coordination, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Support the work of the independent expert appointed by the Secretary-General to lead the work of a new in-depth global study on the situation of children deprived of liberty by providing him with the necessary means and resources to fulfil his mandate, as an effective means to support the achievement of the 2030 Agenda for Sustainable Development through the development of alternatives to the detention of children.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 81b
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Recognize the international protection needs, actual and potential, of children and adopt standardized, child-sensitive screening protocols, as well as child-friendly mechanisms to systematically report and respond to instances of missing children, including by reporting to the police;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 82d
- Paragraph text
- [In terms of durable solutions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Grant non-nationals who are victims of trafficking residence status and assistance, not to be made conditional on the initiation of criminal proceedings or their cooperation with law enforcement authorities.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 83d
- Paragraph text
- [In terms of access to justice, prosecution and sanctions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure that a legal representative for all children (including families) and a trained guardian for unaccompanied and separated children are appointed as soon as possible upon arrival, free of charge;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 85a
- Paragraph text
- [In terms of prevention and the promotion of rights, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Recognize and address the specific vulnerability of boys and girls to sale, trafficking and other forms of exploitation in conflict, post-conflict and humanitarian crisis situations;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Boys
- Girls
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 53
- Paragraph text
- Despite international, regional and national efforts to implement an effective humanitarian response to current crises, the increasing number of unaccompanied and separated children poses severe challenges to transit and destination countries and humanitarian agencies with respect to protecting and supporting refugee and migrant children adequately. The absence or inadequacy of child protection systems, the lack of coordination among different child protection services and the limited capacity in camps to host children in specialized and separated facilities exacerbate the risks to exploitation to which they are exposed during their journey. The lengthy processing of family reunification and resettlement solutions or inefficient family reunification procedures, in addition to poor living conditions experienced in camps and the possibility to be placed in detention, are all factors driving migrant children to avoid the child protection system in transit and destination countries. Moreover, a lack of knowledge and awareness among the humanitarian community about the vulnerabilities experienced by boys and girls on the move, together with the children’s lack of information about their own situation, represent further barriers in protecting children’s rights effectively in situations of conflict and humanitarian crisis. Other gaps include a lack of timely information, legal options and legal counselling, timely appointment of guardians and firewalls between child protection and migration authorities as effective means to safeguard the children’s interests and protect their rights, including access to justice and remedies.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Boys
- Children
- Families
- Girls
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 55
- Paragraph text
- Among good practices related to adequate child protection mechanisms in crisis responses is the creation of child-friendly spaces within interim care services. Promising examples include efforts by UNICEF and UNHCR to provide psychosocial support and other child protection services through child and family support hubs (also known as “blue dots”), which, among other services, offer children child-sensitive information on their rights, especially regarding international protection and referrals to services where necessary. Another promising example is Plan International’s child-friendly space established in the wake of the 2015 earthquake in Nepal to provide children with psychological support and facilitate their return to school. These child-friendly spaces were integrated into temporary learning centres and based on child participation, allowing children to share their concerns and protection issues.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 43
- Paragraph text
- Once children reach their destinations, they may encounter a different array of obstacles, including detention, lengthy family reunification processes (when they are available at all), discriminatory treatment while in State care, limited access to social services, education and career opportunities, and uncertainty regarding their residence status in the country. In the United States, there have been cases of trafficking in unaccompanied migrant children who, after their cases were processed by agencies of the Department of Homeland Security and the Department of Health and Human Services, have been placed with family members in the country. At times, some of those children have been trafficked for sexual and labour exploitation by criminal networks who posed as family members or forced them into begging or drug smuggling.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 44
- Paragraph text
- By the time children arrive at their destination, they have acquired debts with exploiters who take away their documents and use threats or violence to subdue them into labour exploitation. For example, Iranian and Afghani children who have crossed the English Channel find themselves pressured to send money to their families, while also repaying substantial debts related to their journeys. This heavy financial burden drives children to accept working conditions that constitute worst forms of child labour, including trafficking. At destination, many are trafficked for forced and exploitative labour in farms and factories and on fishing boats. For example, in France and the United Kingdom, young men are exploited in cannabis farms, while others are allegedly exploited in the agriculture sector in Europe.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Humanitarian
- Violence
- Person(s) affected
- Children
- Women
- Youth
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 45
- Paragraph text
- Finally, the detention of children on the move may occur in both transit and destination countries, in general for identification or security purposes. Regardless of the context, detained children are profoundly and negatively affected by such detention. Children in immigration detention have been subjected to abuse, torture, and ill-treatment or have witnessed such acts. In destination countries, detained children are housed in inadequate facilities, which leads them to fall victim to sexual abuse and exploitation. Although underreported, such violence has occurred in asylum accommodations in Belgium, Germany, Sweden and Turkey.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 79
- Paragraph text
- The Special Rapporteurs recommend to call upon States that have not yet done so to ratify and implement the Convention on the Rights of the Child, its Optional Protocol on the sale of children, child prostitution and child pornography and its Optional Protocol on the involvement of children in armed conflict, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, the Rome statute of the International Criminal Court and the relevant International Labour Organization instruments.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 67
- Paragraph text
- Instruments of the international labour law provide additional protection to children escaping from conflict and humanitarian crises. Indeed, the International Labour Organization Conventions concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour of 1999 (No. 182) and Forced or Compulsory Labour of 1930 (No. 29) call for the prohibition and elimination of, inter alia, trafficking in and other forms of exploitation of children. The Convention concerning Decent Work for Domestic Workers of 2011 (No. 189) is also very relevant, as exploited children on the move regularly end up in such employment.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 68
- Paragraph text
- Several treaties are also directly relevant at the regional level. In Europe, the Council of Europe Conventions on Action against Trafficking in Human Beings, and on the Protection of Children against Sexual Exploitation and Sexual Abuse, as well as the European Union directives on preventing and combating trafficking in human beings and protecting its victims (directive 2011/36/EU) and on combating the sexual abuse and sexual exploitation of children and child pornography (directive 2011/92/EU), are vital instruments. Protection is also provided in other regions by the African Charter on the Rights and Welfare of the Child, the South Asian Association for Regional Cooperation Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, and the Inter-American Convention on International Traffic in Minors.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 66
- Paragraph text
- The United Nations Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, as well as the United Nations Convention against Corruption, are also relevant to trafficking and other forms of exploitation in all contexts.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 81e
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Create safe child-friendly spaces in places where migrants or refugees reside, including reception centres, refugee camps or informal settlements that host children and offer them space for recreation, study and rest, separated from other facilities, and ensure that those areas are family-based and family-like, whenever possible;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 82b
- Paragraph text
- [In terms of durable solutions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure that, in the child’s best interests, sufficient resources are allocated to the family reunification procedures to ensure the operational capacity to carry out evaluations in a reasonable time and reduce the overall length of the process; and adopt a broad interpretation of family, taking into consideration cultural differences and the best interests of the child;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 46
- Paragraph text
- Given the vulnerabilities of children to numerous forms of exploitation, including sale and trafficking, in the context of conflict and humanitarian crisis, a comprehensive and child rights-based response is needed. The following steps identify the required measures and highlight existing good practices as well as gaps.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 72
- Paragraph text
- Other tools that fight trafficking and other forms of exploitation of children in the context of conflict and humanitarian crises include the recommended principles and guidelines on human rights and human trafficking of the Office of the United Nations High Commissioner for Human Rights (E/2002/68/Add.1); the UNHCR guidelines on victims of trafficking and persons at risk of being trafficked; the UNICEF guidelines on the protection of child victims of trafficking of 2006; and the minimum standards for child protection in humanitarian action elaborated by the Global Protection Cluster. Other standards, such as the UNICEF core commitments for children in humanitarian action, the professional standards for protection work and the guiding principles on unaccompanied and separated children of the International Committee of the Red Cross further complete the international legal protection framework against trafficking and other forms of child exploitation. The guidelines on justice in matters involving child victims and witnesses of crime of the Economic and Social Council also provide further protection to child victims and guarantee their best interests.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 19
- Paragraph text
- At the regional and national levels, children on the move are also vulnerable to sale, trafficking and other forms of exploitation. There are also reports of missing children, some of whom fall into the hands of criminals to continue their journey to reach relatives or acquaintances in another country. In Africa, nearly 3 million children were refugees by the end of 2015. As of mid-2016, 390,000 Nigerian children had been displaced to the neighbouring countries of Cameroon, Chad and the Niger, and a further 1.1 million children had been internally displaced owing to the conflict in the Lake Chad basin. Children have been subjected to abhorrent abuses, mainly at the hands of Boko Haram, which has reportedly recruited and used more than 8,000 children since 2009, abducted at least 4,000 girls, boys and young women, and inflicted sexual violence on more than 7,000 girls and women, often leading to pregnancies. Since the beginning of the conflict in South Sudan, in 2013, children have constituted 66 per cent of the 1.3 million refugees, and the majority of the 1.9 million internally displaced persons. A direct consequence of the war has been the recruitment and use of more than 17,000 children, with a further 3,090 children abducted and 1,130 children sexually assaulted by armed forces and armed groups, among others.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Persons on the move
- Women
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 83b
- Paragraph text
- [In terms of access to justice, prosecution and sanctions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure that legislation, policies, measures and practices guarantee child-sensitive due processes in all migration-related administrative and judicial proceedings affecting the rights of children or of their parents. All children, including those accompanied by parents or other legal guardians, must be treated as individual rights-holders, not criminals, their child-specific needs must be considered equally and individually and their views must be duly heard. They must have access to administrative and judicial remedies against decisions on their own situation or that of their parents that affect them in order to guarantee that all decisions are taken in their best interests. Children should be able to bring complaints beyond legal or court procedures at lower levels that should be easily accessible to them, such as those of child protection and youth institutions, schools or the ombudsperson, and they should be able to receive advice from professionals in a child-sensitive manner when their rights have been violated;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Youth
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 18
- Paragraph text
- The increase in conflict and humanitarian crises has led to a record level of displacement, with 24.2 million new displacements worldwide in 2016, mostly caused by weather-related disasters. Children are disproportionately affected by conflict and humanitarian crises. According to the Secretary-General, children suffered from human rights violations in situation of conflict in 14 countries in 2015, namely in Afghanistan, Colombia, the Central African Republic, the Democratic Republic of the Congo, Iraq, Mali, Myanmar, Nigeria, the Philippines, Somalia, South Sudan, Sudan, the Syrian Arab Republic and Yemen. By the end of 2015, 28 million children had been forcibly displaced by violence and conflict, of whom 17 million had been internally displaced, 1 million were asylum-seekers and 10 million were refugees. Children are overrepresented in the number of refugees worldwide, accounting for 51 per cent of the 22.5 million refugees in 2016, while they only represent a third of the world’s population.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 20
- Paragraph text
- In Asia, children constituted 48 per cent of the 14.8 million refugees by the end of 2015. The ongoing conflict in the Syrian Arab Republic, which had created 2.4 million child refugees in 2015 and more than 2 million internally displaced children by 2016, has led to situations of extreme vulnerability. Indeed, United Nations assessments have revealed cases of child recruitment in 90 per cent of the locations surveyed in that country and cases of child marriage in 85 per cent of them. Similarly, the decades-long conflict in Afghanistan has created 1.3 million child refugees and, by 2016, had displaced more than half a million persons, 56 per cent of whom were children. Those children are at a particularly high risk of being abused and exploited, with a very elevated level of child or forced marriage and domestic abuse. Likewise, the reported rise in the number of child brides among Rohingya children who have fled Myanmar and live in neighbouring countries perpetuates the cycle of violence and poverty experienced by those girls.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Girls
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/72/164
Document
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 58
- Paragraph text
- Another aspect of States’ failure to protect children in the context of humanitarian responses is the alarming practice of child detention owing to their irregular migration status. The Committee on the Rights of the Child and other human rights mechanisms have underscored that immigration-related detention of children can never be in their best interests and that, no matter whether they are unaccompanied or with their families, their detention constitutes a violation of their rights that, at times, may amount to “torture and ill-treatment”. The reasons invoked by States to resort to immigration-related detention of children include health and security screening, identity verification, protection and the facilitation of removal from the country. Alternatives to child detention should be sought. Children should be allowed to reside in a community-based context while their immigration status is being resolved. Good practices of such alternatives include the child-sensitive community assessment and placement model.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 28
- Paragraph text
- In addition, despite their role in supporting the maintenance of peace and security and providing humanitarian assistance, the deployment of peacekeeping forces and international humanitarian personnel, generally in the context of conflict and humanitarian crises, has also proven to be a risk factor for children. In 2016, 138 cases of children allegedly victims of sexual exploitation and abuse committed by such forces and personnel had been reported by the Office of the United Nations Special Coordinator for the Middle East Peace Process, the United Nations Assistance Mission in Afghanistan, the United Nations Integrated Peacebuilding Office in Guinea-Bissau, the United Nations Mission in South Sudan, the United Nations Multidimensional Integrated Stabilization Mission in Mali, the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic, the United Nations Operation in Côte d’Ivoire, the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo and the United Nations Stabilization Mission in Haiti.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 51
- Paragraph text
- States have the primary responsibility to protect children within their territory or subject to their jurisdiction, regardless of their status. In certain cases, when States are unable or unwilling to protect and respect children’s human rights, the international community may assist.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 60
- Paragraph text
- In addition, States’ capacities and approach to implementing durable solutions for children vary. While some prioritize child protection, others look at it as a matter of security, do not consider such situations as their responsibility or do not have the capacity to provide child protection in conflict- and disaster-affected areas. Concerns have been raised about the policy adopted by some States to discourage unaccompanied children in transit to apply for asylum or any other form of protection. In Europe, in particular, States’ responses are very fragmented. In places where migrants or refugees reside, including reception centres, refugee camps or informal settlements, unaccompanied children are viewed as young people in transit for whom local integration is not a suitable option. While family reunification applies in such cases, it is rarely implemented in practice, owing to, among other reasons, the restricted concept of family (limited to close relatives only) which does not take into account the diversity in type and composition of families across regions. In addition, the process for family reunification is often lengthy and complex.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 13
- Paragraph text
- The present joint study by the Special Rapporteur on trafficking in persons, especially women and children and the Special Rapporteur on the sale and sexual exploitation of children addresses the vulnerabilities of children to sale, trafficking, and other forms of exploitation in situations of conflict and humanitarian crisis.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 48
- Paragraph text
- Responses to current humanitarian crises are increasingly dependent on voluntary work and, as a result, frontline workers are not always appropriately trained or able to detect such complex situations as trafficking in persons or other forms of child exploitation. A lack of confidentiality or child-friendly spaces and complaint mechanisms in places where migrants or refugees reside, including reception centres, refugee camps and informal settlements, also hampers the establishment of a bond of trust with the children that would enable them to share their concerns and the risks that they face. In addition, children’s lack of confidence in the protection system and the assistance available to them drives them to hide their exploitation from humanitarian workers. Finally, children’s experience of abuse and exploitation as well as their own statements regarding their age are met with disbelief by public services, undermining the identification process further.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 82c
- Paragraph text
- [In terms of durable solutions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Fully respect non-refoulement obligations deriving from international human rights, humanitarian, refugee and customary international law, in particular the obligations codified in article 33 of the Convention relating to the Status of Refugees of 1951 and article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The repatriation of any child can only be decided when it is evidenced on a case-by-case basis that it is in his or her best interests and after ensuring, by means of a procedure with proper safeguards, that the child, upon return, will be safe and provided with proper care and custody;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 83e
- Paragraph text
- [In terms of access to justice, prosecution and sanctions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ban the administrative detention of children, in particular, but not only, for violations of immigration laws and regulations; ensure that children who are victims of or vulnerable to sale, trafficking and other forms of exploitation are not detained, prosecuted or punished for violations of immigration laws or for unlawful activities that they are involved in as a direct consequence of their situation as victims of exploitation. When the child’s best interests require keeping the family together, the imperative requirement not to deprive the child of liberty should extend to the child’s parents and requires that the authorities choose alternatives to detention for the entire family;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 83f
- Paragraph text
- [In terms of access to justice, prosecution and sanctions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure the accountability of military and peacekeeping troops and of international humanitarian personnel in cases of child sexual abuse and exploitation by implementing zero tolerance for such crimes, setting up prompt and effective investigations and prosecutions, implementing commensurate penalties for those guilty of such crimes, taking such measures as repatriation and the termination of deployment, withholding funds and providing reparation for victims. Care, recovery and reintegration measures should also be provided to child victims as part of their right to a remedy.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 61
- Paragraph text
- Regardless of the context, children who are victims of trafficking and other forms of exploitation are entitled to the right to be identified, to protection, to assistance and support, to safe return and protection from re-trafficking and persecution, and to access remedies. They also have specific rights and requirements in respect to care, recovery and reintegration. They require holistic care provided on an individual assessment basis, while being consulted, and with their best interests at the heart of every measure taken. States must also proactively fight impunity and bring perpetrators of trafficking and other forms of exploitation to justice by implementing international instruments fully and effectively (see section D below), addressing the specific obstacles that children may encounter as a result of their migratory status and improving cooperation across countries.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 62
- Paragraph text
- In response to the sexual exploitation and abuse of children by peacekeeping forces and international humanitarian personnel, the Secretary-General has appointed a Special Coordinator on Improving the United Nations Response to Sexual Exploitation and Abuse and set up a high-level task force to develop a new strategy for preventing and responding to such abhorrent crimes. The Secretary-General has specifically called upon Member States to implement extraterritorial jurisdiction, repatriate culpable personnel, discipline repatriated personnel and hold accountable responsible officers in the chain of command.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 64
- Paragraph text
- International law prohibits and ensures the protection of children from sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis. This includes the Convention on the Rights of the Child and its Optional Protocols on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict, under which States parties are required to prevent, prohibit and criminalize the exploitation and abuse of children. The International Covenant on Economic, Social and Cultural Rights also provides for the protection of children from economic and social exploitation. Furthermore, the latter treaty, along with the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination against Women, enshrines the need for marriage to be based on free and full consent.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 65
- Paragraph text
- In addition, the absolute prohibition of slavery, which is a jus cogens norm under international law, is also relevant in this context. Indeed, the worst forms of child labour, child trafficking, slavery and slavery-like practices can cover similar realities, even though they have their own specificities under international law. Moreover, forced marriage is explicitly prohibited under the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, which provides that child and forced marriage can be considered as a form of slavery.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 81a
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Adopt proactive protection measures based on the best interests of the child and in line with international humanitarian, human rights and refugee laws, as well as general comment No. 14 (2013) of the Committee on the Rights of the Child to have his or her best interests taken as a primary consideration when indications of sale, trafficking or other forms of exploitation are found; and take all the necessary measures to prevent the illegal adoption and sale of children in the context of conflict and humanitarian crises;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 70
- Paragraph text
- The Convention relating to the Status of Refugees of 1951 and its Protocol of 1967 provide additional fundamental rights to refugee children. A core provision is that of non-refoulement, and basic standards are also set in respect to welfare. At the regional level, the Cartagena Declaration on Refugees, the Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the European Union asylum acquis are also important.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 80a
- Paragraph text
- [In terms of identification, all States, particularly those hosting children who are victims of exploitation in situations of conflict and humanitarian crisis, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure that unaccompanied and separated children are promptly identified, registered and referred to the child protection system;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 85c
- Paragraph text
- [In terms of prevention and the promotion of rights, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Prevent sexual exploitation by the military, extremist groups or family members, as well as child or forced marriages, whether in refugee or internally displaced persons camps or in the host country;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 23
- Paragraph text
- In the absence of safe and regular migration channels, as well as permanent and accessible mechanisms for children and their families to access long-term regular migration status or residence permits, children are forced to search for precarious alternatives that increase their exposure to risks of sale, trafficking and other forms of exploitation.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 34
- Paragraph text
- In Greece, children in or outside refugee camps are sexually exploited, generally through deception about the amount they would need to earn in order to pursue their journey. Unable to collect enough money to cover their onward journey, many get discouraged and get involved in drugs, shattering any hope of continuing their journey.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 56
- Paragraph text
- While some refugee and internally displaced persons camps have separate facilities for unaccompanied or separated children, they often lack family-based solutions and have very limited capacity to face the increasing number of unaccompanied or separated children. As a consequence, children share their living space with adults or are held in prolonged detention. In addition, even when children are offered a separated living area, those are often easily accessible to everyone, especially during night-time. Moreover, certain camps fail to provide basic amenities, such as appropriate health-care services or gender-differentiated sanitation. The lack of adequate lightning, the layout of some camps and a shortage of security personnel further increase the vulnerability of children to abuse. Finally, the reluctance of many European countries to provide refugee children with a safe and permanent home continues to aggravate the situation by prolonging the stay of children in the facilities.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 18
- Paragraph text
- Also important is the context-specific nature of each country and situation. The situation is not necessarily the same for lesbian, gay, bisexual and transgender (and intersex) persons across the board, even though human rights are inherent to all persons without distinction: the situation is not homogeneous but heterogeneous. For instance, in one country, same-sex relationships are criminalized, with the threat of the death penalty. This is primarily targeted at homosexuals. However, in that same country, those who self-identify as transgender are assisted and recognized by the State (to undergo reassignment surgery). The lack of awareness or understanding or knowledge, and the biases and stereotypes, vary between countries and within each country — depending on diverse factors such as geography (urban vs. rural), demography (e.g. different educational and economic levels), and cultural affinity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 19
- Paragraph text
- The reflections that follow are an initial response regarding the key elements under the mandate.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 46
- Paragraph text
- UNDP has a large number of programmes worldwide on lesbian, gay, bisexual, transgender and intersex issues, and the outreach is both to the pillars of the State (the executive, legislative and judicial branches) and to pillars of the community, such as national human rights institutions, non-governmental organizations and human rights defenders, including platforms for dialogue with local governments. Pursuant to the Sustainable Development Goals, UNDP is working on a lesbian, gay, bisexual, transgender and intersex inclusion index to help generate more data, which will also contribute to policy formulation and programming. Some of the activities are on strengthening HIV responses for men who have sex with men and transgender people, and access to health care, while others are more directly on the legal and social environment for lesbian, gay, bisexual and transgender persons and civil society in a number of countries.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 24
- Paragraph text
- As evidenced by the wide range of international human rights treaties that are in force, international human rights bodies and procedures — ranging from the human rights treaty bodies, with their general comments and recommendations, to the universal periodic review, to the special procedures’ coverage of sexual orientation and gender identity-related violations, to resolutions and studies — the international human rights system has been strengthening the promotion and protection of human rights without distinction. The protection of persons based on their sexual orientation and gender identity, and the mandate of the Independent Expert, are based on international law, complemented and supplemented by State practice.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66h
- Paragraph text
- The work of human rights defenders and the much-needed space for civil society, including for non-governmental organizations and for lesbian, gay, bisexual, transgender and intersex groups and persons, calls for effective safeguards against incursions and reprisals from various protagonists (whether State or non-State actors) who do not comply with human rights. Cooperation with a multiplicity of actors, including community leaders (such as political and religious leaders) and those in the medical and scientific professions, the business sector and the media (e.g. social networks) should be fostered in order to protect against violence and discrimination on the basis of sexual orientation and gender identity, with that protection underscored by international human rights law. This is interlinked with the call for broad-based education, awareness-raising and action responsive to issues of sexual orientation and gender identity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66i
- Paragraph text
- The role of the United Nations, including the Human Rights Council and the General Assembly, is pivotal in order to raise the issue of violence and discrimination and to address it through comprehensive and holistic measures, with due regard for the recommendations of the Independent Expert as an impetus for follow-up action. United Nations human rights presences are important and need to be bolstered in countries and regions where there are major gaps in human rights protection; this is certainly also the case in regard to sexual orientation and gender identity. This should be complemented by the catalytic role of United Nations country teams and inter-agency cooperation to integrate sexual orientation and gender identity issues into programming and practices on the basis of no “protection deficit” and no “protection vacuum”.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 52
- Paragraph text
- Laws and policies that criminalize consensual same-sex relations are part of the background environment that leads to violence and discrimination. Some 70 countries criminalize same-sex relations, with a particular impact on men who have sex with men. Some 40 countries criminalize same-sex relations in regard to women who have sex with women. The death penalty awaits in some countries. There are other laws and policies of a more indirect nature, which might also be negatively applied against certain groups and persons in relation to sexual orientation and gender identity. They include laws based on public decency, public health and security, at times in the guise of local criminal laws and regulations. There are equally challenging implications from various religious laws when applied strictly. Some countries also criminalize cross-dressing, such as where men dress up as women and vice versa, even the criminalization violates the person’s self-identified gender.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Men
- Women
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 10
- Paragraph text
- Fourth, precisely because so many issues under the mandate reach out to an array of sectors and professions, it is essential to broaden the discourse and vistas for cooperation. For example, change in the medical and scientific sector is pivotal in helping to prevent violence and discrimination relating to health concerns. Where the situation was once pathologized, giving rise to potential or actual abuse and stigma, there is now momentum towards depathologizing and destigmatizing in relation to sexual orientation and gender identity, with due regard to ensuring access to comprehensive and quality health care for all. If the issue is interrelated with employment, there is now a call to interlink increasingly with the business sector. Where there are issues of faith and religion, it is important to reach out to spiritual leaders and actors and seek interfaith cooperation to complement international standards. Where there is a quest to shun hate speech and incitement to violence, a key catalyst is the ever-growing presence of social media and its responsiveness to human rights.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 11
- Paragraph text
- Fifth, there is the context-specific nature of each country. The situation is not necessarily the same for LGBTI persons across the board; the scenario is not homogeneous but heterogeneous. In one country, for example, transgender (trans) persons are not permitted to change their identification documents (such as a birth certificate or identity card) to have their self-identified gender recognized, or they are required to meet abusive requirements such as compulsory surgery and sterilization, medical certification or divorce. The lack of status recognition results in a range of complications, such as bullying from a young age, sexual assault, and mockery and humiliation inflicted on them in daily life as well as when they seek to cross borders or access services and facilities. Nevertheless, in that same country there is no law against same-sex relationships and the situation is quite open for gays, lesbians and bisexuals. While the situations are diverse, it should be underlined that human rights predicate the protection of all persons without distinction.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 25d
- Paragraph text
- [The Independent Expert underlines the key role of civil society and human rights defenders and the need for more effective action to counter threats and reprisals against them. Of note is a submission to the Human Rights Council by a number of non-governmental organizations earlier this year, in which they called upon States, inter alia:] To ensure that organizations working on issues related to sexual orientation, gender identity and expression, and sex characteristics can seek, receive and use funding and other resources from individuals, associations, foundations or other civil society organizations, foreign Governments and aid agencies, the private sector, the United Nations and other entities.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 26
- Paragraph text
- The joint submission of non-governmental organizations (see para. 25) echoes similar appeals made to States by a variety of United Nations entities and regional bodies. United Nations programmes already deal with the issue of sexual orientation and gender identity in many parts of the world, which is most welcome. The work of OHCHR on sexual orientation and gender identity continues apace, and a new version of the publication Born Free and Equal is due soon. OHCHR support for linkage between international and regional human rights mechanisms was a key input for a meeting between the Inter-American and African systems in 2015, and it is hoped that the linkage will be further strengthened in the future, perhaps to reach out to the Arab and ASEAN systems and other Asian initiatives, such as from South Asia, with lessons learned from other regional systems. Various parts of the global geography need more coverage and capacity-building, including Central and North Asia and the Pacific islands. A variety of research is being carried out to provide more data and analysis of the situation.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 18
- Paragraph text
- The inter-American system has made many contributions to action against violence and discrimination. In addition to its important range of human rights-related declarations and conventions, the Inter-American Court of Human Rights Court and the Inter-American Commission on Human Rights, the inter-American system has appointed a regional rapporteur to cover the issue of LGBTI persons specifically. Resolution 275 of the African Commission on Human and Peoples’ Rights, entitled “Protection against violence and other human rights violations against persons on the basis of their real or imputed sexual orientation or gender identity”, resonates with the message of non-violence and equality.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 44
- Paragraph text
- The national human rights institution of Cyprus observed that consensual same-sex relations were decriminalized in 1998. They remarked that society was still conservative on sexual orientation and gender identity, but stated that, following systemic reports of the institution but also interventions on individual complaints and participation in the respective discussions in the parliament, positive developments had taken place in significant key areas. They included the legal recognition of same-sex relationships (Civil Union Law of 2015); the penalization of homophobic and transphobic hate speech (Law 87(I) 2015 amending the Penal Law) and hate crime (with the homophobic and transphobic motive as aggravating factor, Law 31 (l) 2010 amending the Penal Law).
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 51
- Paragraph text
- Positive developments can be seen in several countries in regard to the adoption of laws and other measures integrating sexual orientation and gender identity as part and parcel of the right to be free from discrimination and the right to equality before the law. Anti-discrimination laws come in various shapes and sizes. For instance, sexual orientation and gender identity might be integrated directly into the constitution, as in the reform of the Constitution in 2008 in Ecuador. South Africa was the first country globally to include protection against discrimination in relation to sexual orientation in its Constitution in 1996, while Fiji was the first country to explicitly incorporate sexual orientation, gender identity and gender expression as protected characteristics in its Constitution in 2013. To date, the constitutions of the Plurinational State of Bolivia and Malta are the only two to explicitly include both sexual orientation and gender identity as non-discrimination grounds. There might be a general law on non-discrimination, such as Thailand’s gender equality law, which incorporates the notion of “sex expression” to cover gender identity and related expression. Alternatively, there could be even more specific laws with provisions providing sexual orientation and gender identity protection in key contexts, such as employment, education, health care, housing, provision of goods and services, inheritance, recognition of relationships and family law or immigration. To be effective, anti-discrimination frameworks should provide for effective measures to investigate alleged violations, redress for victims and accountability for alleged perpetrators.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53
- Paragraph text
- Responses to the Independent Expert’s invitation to stakeholders to send in information in 2017 have provided the following examples:
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 33
- Paragraph text
- As highlighted in some contributions, laws and policies which criminalize same-sex relationships and gender identity, particularly in regard to its expression, directly lead to violence and discrimination, and are also part of the background environment in which they take place. They also stymie efforts to prevent and reduce HIV transmission. Conversely, inclusion policies and practices help to overcome discrimination and contribute to the realization of the Sustainable Development Goals.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 59f
- Paragraph text
- The role of United Nations bodies, including the Office of the United Nations Commissioner for Human Rights and the General Assembly, is pivotal in raising the issue of violence and discrimination and in addressing it through integrated measures, with due regard to the recommendations from the United Nations human rights mechanisms, including the Independent Expert, as an impetus for follow-up action. The work of the Office and United Nations human rights presences is important and needs to be bolstered in countries and regions where there are major gaps in human rights protection. That work should be complemented by the catalytic role of United Nations country teams and inter-agency cooperation to help to ensure integration of issues relating to sexual orientation and gender identity into programming and practices;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 42
- Paragraph text
- The Independent Expert looks forward to interlinking more closely with United Nations agencies and other actors to support activities, while commending the programmes already undertaken. For instance, UNESCO is involved in addressing the issue of bullying in the educational setting; this is visible through its Teaching Respect for All initiative. It has helped to create lesson plans for teachers to discuss homophobia and transphobia in primary and secondary schools.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53g
- Paragraph text
- Greece noted that anti-discrimination measures include criminal sanctions in the case of hate crimes and hate speech in relation to sexual orientation and gender identity. This is now complemented by a new law recognizing civil partnership for same-sex couples, and the abolishment of article 347 of the criminal code, which provided a higher age of consent for male homosexual acts;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 28
- Paragraph text
- At this juncture, the report will now turn to various key underpinnings which interrelate closely with violence and discrimination. Two are singled out for special attention and they are presented below. Other underpinnings will be dealt with, incorporating recent inputs from stakeholders, in future reports of the Independent Expert in 2018.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 31
- Paragraph text
- In several countries, laws also specifically criminalize transgender persons based on their gender identity or expression. Some countries criminalize so-called “cross-dressing”, while many others criminalize different forms of gender identity and expression though often vaguely defined laws, leading to various human rights violations of transgender people, including arbitrary arrests and detention.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 38
- Paragraph text
- The checks and balances at the national level are particularly interesting, as seen in regard to the role of various pillars of the State which can activate the reform process. Behind all this, the important role of non-governmental organizations, human rights defenders and independent national human rights institutions should not be underestimated.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 59b
- Paragraph text
- The Sustainable Development Goals offer an opportunity to tackle violence and discrimination, also in regard to sexual orientation and gender identity, and that opportunity should be maximized to ensure that no one is left behind without exception or distinction. They are also an avenue for Governments and other actors to generate data and information in a disaggregated manner so as to facilitate future planning and allocation of resources;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 59c
- Paragraph text
- There is a need to build checks and balances, especially at the national level, to prevent abuse of power and to ensure compliance with human rights. States should explore collaboration not only with the executive branch of Government, but also with parliamentarians, the judiciary and other actors who may assist in weighing the various actions at the national level to ensure respect for international human rights standards;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66a
- Paragraph text
- The Independent Expert will follow progressively a workplan to map the linkage between protection against violence and discrimination based on sexual orientation and gender identity and the following key underpinnings: 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. He welcomes cooperation and information on these issues.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 19
- Paragraph text
- Participants in a meeting of national human rights institutions from the African region in 2017 expressed such a welcome perspective, noting that, in Africa, religion was inevitable. There was no process of inclusion and evolution of any type that could happen without faith leaders being one major actor. National human rights institutions could engage with already existing inclusive faith leaders and faith-based organizations that were advocating the rights of all. The positive voices provided opportunities to build on.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 57
- Paragraph text
- In regard to the first underpinning, it is most disconcerting that a number of countries criminalize consensual same-sex relations as well as gender identity and its expression. As identified by the Independent Expert, constructive changes are possible, and checks and balances at the national level, together with the role of civil society, non-governmental organizations and national human rights institutions, help to energize the path to reform and compliance with international standards.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 59h
- Paragraph text
- Adoption of effective anti-discrimination measures by States is critically needed; these measures vary from laws to policies and other action in a comprehensive and human rights-responsive setting. They are tested by access to justice and accessible means of redress, as well as a preventive strategy based on mobilizing the community to understand sexual orientation and gender identity and the call for inclusivity to accord protection to all persons without violence and discrimination;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 45
- Paragraph text
- OHCHR has been instrumental in preparing various reports and studies on violence and discrimination on the basis of sexual orientation and gender identity. In particular, the publications Born Free and Equal: Sexual Orientation and Gender Identity in International Human Rights Law and Living Free and Equal offer very useful information with global coverage. OHCHR supports the human rights treaty bodies, the universal periodic review and the special procedures in their work and helps to mainstream the issue into a cross-cutting United Nations setting. Together with other partners, it helps to organize the annual International Day Against Homophobia, Transphobia and Biphobia event. Its field presences around the world assist in disseminating information, collecting information and addressing cases where there are violations, with a view to strengthening human rights protection on the basis of sexual orientation and gender identity. Its Free and Equal campaign is a broad information campaign, with publications, films and videos raising the profile of sexual orientation and gender identity from the angle of action against violence and discrimination. Particularly popular are the videos Faces, which captures the myriad contributions by lesbian, gay, bisexual, transgender and intersex persons to families and communities, The Welcome, which provides a human rights message with a Bollywood touch, complete with music, and The Riddle, which examines the abuses facing lesbian, gay, bisexual and transgender persons across the globe.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 29
- Paragraph text
- Interregional cooperation bore fruit when the Inter-American Commission on Human Rights, the African Commission on Human and Peoples’ Rights and the United Nations held a joint dialogue in 2016, calling for more mainstreaming of regional and international norms to counter violence and discrimination, interlinking with the opportunities offered by the Sustainable Development Goals. The joint dialogue acknowledged positive steps from the African region, as follows: African States are almost all characterized by great diversity in their populations, with ethnic, religious and cultural diversity being the common denominator. In line with article 28 of the Charter, which calls on every individual “to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance”, the Commission may advocate for the rights of all persons, including LGBT and intersex persons. In this respect, it can build on positive examples of State action in Africa and elsewhere to respect diversity and protect the human rights of all persons, irrespective of sexual orientation and gender identity. Participants noted that at least 19 African States do not criminalize consensual same-sex relations between adults in their legal systems, that Mozambique in 2014 removed criminal sanctions for such conduct, that Rwanda and other States have resisted recent attempts to introduce such laws into their legal system, that seven States prohibit discrimination in employment on the basis of sexual orientation, that courts in Botswana and Kenya, among others, recently declared the refusal to register LGBT associations to be unconstitutional, and that a number of national human rights institutions (including in Kenya, Uganda and South Africa) have expressed themselves against human rights violations based on sexual orientation or gender identity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 32
- Paragraph text
- A sample of recent constructive practices can be cited. A number of countries on every continent have seen reforms of antiquated and obstructive laws and policies, even though the progress is not always universal. Many South Asian countries and countries in other regions uphold the rights of transgender people, even where they have difficulty in accepting the rights of gays, lesbians and bisexuals. Same-sex couples are now allowed to marry officially in a number of countries, such as Canada, the United States of America, and a range of countries in Europe and Latin America. In 2016, a top court in Belize declared an old law, which had prohibited same-sex relations, to be unconstitutional. Seychelles reformed its law similarly on this front. In 2017, New Zealand agreed to expunge the criminal record of persons criminalized by the colonial law which had forbidden same-sex relations (the law itself having been abrogated a while ago). Germany also moved to annul Nazi-era homosexuality convictions (about 42,000 such convictions had been made under the Third Reich, under an old provision of the Penal Code (art. 175)) and to offer compensation.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66g
- Paragraph text
- More cooperation with independent and pluralistic national human rights institutions, such as national human rights commissions and ombudspersons, should be undertaken to provide a link between international norms and national settings. These institutions should be supported, as part of the checks and balances to prevent and overcome abuses of power and human rights violations and also to promote access to justice and remedies. They should be paralleled by strong regional systems and initiatives to help advance protection against violence and discrimination on the basis of sexual orientation and gender identity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 48
- Paragraph text
- The work of WHO, particularly in the area of sexual health, has already been referred to above, as has the work of UNHCR on refugees, asylum seekers and stateless persons, particularly in relation to the intersectionality issue. UNHCR has been facing new challenges in regard to recent outflows from the war-related situations in Middle East to Europe and other regions, and it has done key work to raise the profile of sexual orientation and gender identity issues. Meanwhile, UN-Women has been highlighting the rights of lesbians and bisexual, transgender and intersex women and girls; thus has included the mapping of country situations and support for follow-up to the recommendations of human rights treaty bodies and the universal periodic review. For instance, there is an awareness-raising programme on action to end violence against women in Malawi, which includes references to lesbian, bisexual and transgender women. Complementing this, the International Labour Organization is infusing the lesbian, gay, bisexual and transgender issue strongly into its decent work programme, while the World Bank has helped to examine the cost of homophobia as well as to generate data on lesbian, gay, bisexual and transgender exclusion. The World Bank has now a focal point on sexual orientation and gender identity and this provides an important opportunity to address violence and discrimination on the basis of sexual orientation and gender identity, especially with low-income countries. A range of other United Nations agencies and programmes, enhanced by United Nations country teams, are progressively integrating the issue of sexual orientation and gender identity into country programming.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 61
- Paragraph text
- Lack of education and/or awareness and lack of understanding may transmute into biases, prejudices and phobias from a young age, which underlie the violence and discrimination. This is interlinked with the quality of the educational spectrum and how to nurture a sense of empathy for sexual orientation and gender identity as an inherent part of all of us. State policies vary in their openings towards the issue of sexual orientation and gender identity. While some States have tried to integrate the issue into the curriculum at different stages, others have shunned the possibility altogether. Issues related to sexual orientation and gender identity can be dealt with indirectly or directly (e.g. through health education, indirectly, and/or through specific courses focusing on sexual orientation and gender identity, directly). One entry point that is now being explored in several countries is to address the bullying, which marginalizes persons at school from childhood onwards. With the help of United Nations agencies, some countries are now breaking the ice by integrating sexual orientation and gender identity into the educational curriculum through that issue. This is a key area where international cooperation and technical support and assistance can help open doors towards a more empathetic world, both at the national level and internationally. This requires dialogue and interaction between school principals, teachers, parents and students. It invites reappraisal of both educational content and textbooks, and the building of pedagogical tools and methodology, to promote an open mindset and respect for human biodiversity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 64
- Paragraph text
- The report allows the approach and methodology of the Independent Expert to be gauged. There are key reflections responding to the mandate, particularly regarding (a) the panorama of the situation, including the implementation of international instruments, with identification of good practices and gaps; (b) awareness of the violence and discrimination issue, and linkage with root causes; (c) dialogue, consultation and cooperation with States and other stakeholders; (d) the identification of multiple, intersecting and aggravated forms of violence and discrimination; and (e) support for international cooperation and related services to assist national efforts.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66c
- Paragraph text
- States are encouraged to ratify the core international human rights treaties (if they have not yet done so) and to implement them fully, including in regard to respect for sexual orientation and gender identity, in cooperation with partners. This requires a range of human rights-sensitive measures, such as laws, policies, programmes, practices, case enforcement, mechanisms and personnel, resources (material and non-material), information and monitoring, education and capacity-building, accountability and remedies, and a participatory process and broad mobilization and networking open to civil society, with space for dialogue and reforms.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 12
- Paragraph text
- Sixth, there is the welcome development that sexual orientation and gender identity is now an integral part of the United Nations agenda; the issue is legitimized and synchronized for global action. While there is always room for a plurality of views, the commitment to combat violence and discrimination is universal and ineluctable. It is enhanced by the all-embracing pledge that no one will be left behind, set out in the preamble to resolution 70/1, entitled “Transforming our world: the 2030 Agenda for Sustainable Development”, adopted by the General Assembly on 25 September 2015.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 14
- Paragraph text
- The right to be free from discrimination is enshrined in article 2 of the Universal Declaration of Human Rights and all human rights treaties. Issues relating to sexual orientation and gender identity have been dealt with by the monitoring bodies under the human rights treaties in their relationship with States, and a number of those bodies, including those created under the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of Persons with Disabilities, have adopted general comments that refer expressly to sexual orientation and gender identity. The mandate of the Independent Expert is founded on this bedrock of international human rights law.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 29
- Paragraph text
- In the past 20 years, approximately 25 countries from all regions have taken steps to decriminalize same-sex relationships between consenting adults. Some of the most recent countries to undertake decriminalization are Belize, Mozambique, Nauru, Palau, Sao Tome and Principe and Seychelles. In some countries the judiciary has opened the way for decriminalization through landmark decisions on specific cases, whereas in other countries decriminalization of same-sex relations has materialized by the actions of the parliament and/or the executive branch through the review of their penal code.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 46
- Paragraph text
- With regard to Africa, in recognizing that some 33 countries criminalize same-sex relations, out of 54, with many of the negative laws on this front a result of the remnants of colonization, constructive developments should also be identified. In the interim South African Constitution, sections 9(1) and 9(3) make express reference to sexual orientation as a protected ground for non-discrimination. In the famous case of S v. Kampher, Justice Ian Farlam nullified the conviction of a man who had confessed to having consensual sex with another man. Immediately after that, the Constitutional Court in National Coalition for Gays and Lesbian Equality and another v. Minister for Justice and others held that the South African “sodomy” laws were unconstitutional. In decriminalizing sodomy laws, the Court stated that prohibiting sexual conduct between gay men violated the right to equality. Other positive developments in Africa worth noting include the reform of the Cape Verde penal code of 2004, which eliminated offences related to same-sex activity and the decriminalization of homosexuality in Sao Tome and Principe in 2014. On a particularly positive note, a number of African countries have introduced legislation to explicitly outlaw discrimination on the basis of sexual orientation or they have removed discriminatory provisions of existing employment legislation, including Seychelles in 2006, Mozambique in 2007, Mauritius in 2008 and Botswana in 2010. Several sub-Saharan African countries had never criminalized same-sex sexual activities between adults, including Burkina Faso, the Central African Republic, the Congo, Côte d’Ivoire, the Democratic Republic of the Congo, Gabon, Madagascar, Mali, the Niger and Rwanda.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 47
- Paragraph text
- In Kenya, civil society organizations have made a number of recommendations to the authorities, inter alia: the immediate repeal of sections 162(a) and (c) and 165 of the penal code; the introduction of legislation to criminalize hate speech and incitement to violence on grounds of sexual orientation and gender identity, and expression; An immediate ban on forced anal examinations; and prosecution to the full extent of the law of all persons suspected of committing acts of violence, including incitement to violence, on grounds of sexual orientation, gender identity and expression.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 59g
- Paragraph text
- States should reform the laws, policies and practices which criminalize consensual same-sex relations, laws that criminalize transgender persons in relation to gender identity and its expression and other vague laws used to arbitrarily detain and harass LGBT persons. Pending reform, the preferred policy is to desist from applying such negative laws and policies. That is only an interim measure and is not a substitute for the needed reform, which should be undertaken efficaciously, guided by international human rights law. States should also take stock of other laws, policies and practices which may have a negative impact on people based on their sexual orientation and gender identity, such as laws on public decency/morality and local practices, coupled with relevant reform to reflect international standards;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53p
- Paragraph text
- A non-governmental organization source from the United Kingdom recalled the advent of the same-sex marriage law in the country and the Equality Act. However, the mission of the latter is incomplete; the source stated that the use of the term “gender reassignment” in the Act was proving problematic, and that many people thought trans identity implied a binary surgical transition, which the Act’s definition also implies. Transgender persons’ vulnerability to discrimination and right to equality does not and should not, depend on medical transition;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53q
- Paragraph text
- As reported by the Australian Human Rights Commission, the country’s Sex Discrimination Act 1984 was amended by Act. No. 98 of 2013 to include protections against discrimination on the basis of sexual orientation, gender identity, intersex status and relationship status in the areas of employment, education and goods, and services and facilities, but it provided for some exceptions where the conduct is committed by voluntary bodies, religious bodies, educational institutions established for religious purposes and in sport. Despite the Government’s commitment to remove those exemptions, the Commission noted that a number of significant and concerning inconsistencies remain between the Sex Discrimination Act and state and territory laws; particularly with respect to anti-discrimination and equal opportunity laws;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 58
- Paragraph text
- In regard to the second underpinning, anti-discrimination laws and policies can appear in various forms: sometimes general, sometimes specific. Even with a law, there is a need to ensure effective practical implementation, which is correlated with the need for a holistic approach, interlinking laws and policies with responsive programming, case enforcement in the courts (coupled with strategic advocacy and litigation), effective and accessible mechanisms for human rights protection, resource allocation, information and data generation, education and capacity-building, accountability and redress, and space for networking, mobilization and participation for reform.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 35
- Paragraph text
- It should be noted that in some countries where these negative laws exist, they are not applied or not much applied in practice. While this is a stepping stone to mitigation of the situation, the mere existence of the laws still gives rise to bias and prejudices, feeding into extortion, persecution, multiple and intersectional phobia, and other forms of violence and discrimination, and violates international human rights norms and standards. The call to reform such negative laws must therefore be vigorous.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53c
- Paragraph text
- The Commission on Human Rights of the Philippines noted important inputs at the local municipal levels. In addition to its ground-breaking democratic Constitution of 1987 and its Magna Carta of Women, there are also various by-laws on non-discrimination. For example, Quezon City Council in the Philippines adopted an ordinance prohibiting discrimination based on sexual orientation or gender identity and expression;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53d
- Paragraph text
- The Ombudsman of the Plurinational State of Bolivia noted both constitutional provisions on sexual orientation and gender identity as well as range of local by-laws on this front. By contrast, the Equal Opportunities Commission of Hong Kong, China, observes that there is currently no comprehensive anti-discrimination legislation on the grounds of sexual orientation, gender identity and intersex status to ensure legal protection against discrimination for LGBTI persons;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 25a
- Paragraph text
- [The Independent Expert underlines the key role of civil society and human rights defenders and the need for more effective action to counter threats and reprisals against them. Of note is a submission to the Human Rights Council by a number of non-governmental organizations earlier this year, in which they called upon States, inter alia:] To review and repeal all laws and policies which, directly or indirectly, criminalize, stigmatize or discriminate against LGBTI defenders;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 27
- Paragraph text
- The Independent Expert is also in touch with the newly established Equal Rights Coalition, which is a coalition of 35 States reaching out to a broad range of partners based on the founding principles of equality, universality, international human rights law and open, respectful and constructive dialogue and cooperation with all stakeholders.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53o
- Paragraph text
- A non-governmental organization from Peru observed that the Constitutional Tribunal in 2016 helped to resolve the situation of transgender persons by underlining that it is not a pathological condition and that human rights must be respected on the basis of equality for all and without discrimination;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53r
- Paragraph text
- The submission from the human rights Ombudsman of Guatemala called for more explicit integration of sexual orientation and gender identity into the legal framework as well as measures to counter the violence in the country. The extensive violence is much highlighted by non-governmental organization sources. Lack of knowledge of the law and difficult access to justice may also hamper implementation of a State’s anti-discrimination law.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53l
- Paragraph text
- While noting the criminal law impacting sexual orientation, a non-governmental source in Pakistan illustrated the varying context in the country, with measures from the authorities relating to gender identity, including the formation of a national task force by the federal ombudsman and a protection policy for transgender and intersex persons being drafted by the National Commission for Human Rights in cooperation with the transgender community;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 37
- Paragraph text
- The table illustrates recent constructive developments showing how some countries have managed to change their laws concerning prohibition of same-sex relations which were contrary to international standards.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 23
- Paragraph text
- All countries have engaged with the Human Rights Council’s universal periodic review and most have engaged with one or more of the special procedures. There has been much coverage of the issue of sexual orientation and gender identity under these mechanisms, particularly from the angle of anti-violence and anti-discrimination, such as in the work of the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 25
- Paragraph text
- Action against violence and discrimination has been espoused more recently in the 17 globally agreed Sustainable Development Goals, to which all countries are committed, with a framework of 2015-2030 for operationalization. Goal 16, which covers inclusive societies and access to justice, aims to bring about substantial reductions of violence and to promote anti-discrimination measures, on the basis of leaving no one behind. An all-inclusive approach invites effective coverage of all persons whatever their sexual orientation or gender identity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 43
- Paragraph text
- The UNESCO report entitled “Out in the open: education sector responses to violence based on sexual orientation and gender identity/expression”, published in 2016, provides a wealth of information in this regard. UNESCO has also been working to promote understanding of lesbian, gay, bisexual, transgender and intersex issues in China, with a series of initiatives that includes training of trainers on education on lesbian, gay, bisexual, transgender issues, and with non-governmental help, research for textbooks covering sexual orientation and gender identity has been carried out.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66e
- Paragraph text
- The Sustainable Development Goals offer an opportunity to tackle violence and discrimination, also in regard to sexual orientation and gender identity, and this opportunity should be taken full advantage of in order to ensure that no one is left behind, without exception or distinction. This avenue can allow Governments and other actors to generate data and information in a disaggregated manner so as to facilitate future planning and allocation of resources.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66j
- Paragraph text
- The Independent Expert is firmly committed to building bridges, that are anchored on the mandate, with a broad range of actors and stakeholders (governmental, intergovernmental and non-governmental), and looks forward to constructive dialogue and cooperation, with more country visits — premised on international human rights law, reflective of local wisdom and resonant with the universal message of “diversity in humanity, humanity in diversity”.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 22
- Paragraph text
- Under the International Covenant on Economic, Social and Cultural Rights, the monitoring committee has affirmed that the right to non-discrimination guaranteed by the Covenant includes sexual orientation, gender identity and sex characteristics. Under the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, the monitoring committees have issued general comments and have made recommendations to States covering respect for sexual orientation and gender identity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 55
- Paragraph text
- Many countries are still hampered by a lack of anti-discrimination measures or insufficient anti-discrimination measures; this, too, is linked to environments that lead to violence and discrimination. This is a longitudinal challenge, which starts in the home and extends to the education system, the workplace, and life beyond. Some countries have moved towards integrating sexual orientation and gender identity into their constitutions or laws, directly or indirectly, while others have policies and programmes to reflect sexual and gender diversity. Yet, within the lesbian, gay, bisexual and transgender setting, some groups are particularly marginalized and may need special measures to help overcome difficulties. For instance, transgender persons are often discriminated against at school and this pushes them out of the educational set-up; they might then fall into a situation of marginalization and then exploitation.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 56
- Paragraph text
- The discrimination is also intersectional. There might be tints of patriarchy impacting on women, which also impact negatively on lesbians and women who have sex with women. There might be traces of racism, which also impact negatively on refugees and migrants who are lesbian, gay, bisexual or transgender. There might be hints of extremism that impact negatively on those who wish to have their sexual orientation and gender identity respected culturally. Even where there are laws to protect people from discrimination, there might be weak implementation. This is further tested by issues such as access to justice and mechanisms and/or personnel that could provide some assistance and remedies, and the call for transparency and accountability. There is thus a need for effective anti-discrimination measures of a comprehensive kind — not only formal but also substantive, not only de jure but also de facto — in addition to the building of a community that is open to understanding and that respects sexual and gender diversity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- LGBTQI+
- Persons on the move
- Women
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 33
- Paragraph text
- Yet, there are evidently several gaps, interlinked with the root causes and environment behind the violence and discrimination, which will be elaborated upon in the sections below. Even in countries that are party to the human rights treaties and even where there are responsive laws, policies and programmes, there are sometimes major incidents of violence and discrimination, such as killings of transgender persons, attacks on sexual orientation and gender identity-related human rights defenders, and sexual orientation and gender identity-related hate speech on social networks, which invites sustained vigilance both at the national and the international levels.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 49
- Paragraph text
- The role of civil society and non-governmental organizations and of concerned communities and individuals is critical for action against violence and discrimination. Their dedicated efforts and inputs were instrumental in helping to set up this mandate, and there is a wealth of information emanating from their work which inspires the work of the Independent Expert. They are part and parcel of much-needed cooperation at both the national and international levels and act as human rights defenders in the most sensitive situations. Assistance and protection for their work are at the heart of this mandate, which is impelled by the quest for an all-inclusive approach that is respectful of public participation in countering violence and discrimination on the basis of sexual orientation and gender identity, worldwide. Indeed, this is living democracy in regard to sexual and gender diversity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 50
- Paragraph text
- Parallel to this, the role of community leaders, including in the political, cultural and religious fields, needs to be tapped more strongly. Also, the business sector has the potential to integrate sexual orientation and gender identity into the workplace and in the commercial/financial/investment/developmental field. These are also avenues for promoting the generation of more disaggregated data, linked with various indicators, to provide incentives for exemplary performance, consonant with human rights. On a related front, the Sustainable Development Goals framework provides more opportunities for various kinds of cooperation and support — particularly under Goal 17, which opens up space for more multilateral, regional and bilateral cooperation. There is the welcome vista of more South-South cooperation, as well as triangular cooperation — such as activities between States, civil society and the business sector; neither should the power of various forms of media and their reach be forgotten.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 21
- Paragraph text
- In his first report, the Independent Expert underlined the relationship between sexual orientation and gender identity and other issues, including racism, poverty, migration, disability and other factors. A particular concern to be highlighted here is the plight of children and youth from the perspective of gender diversity. Thus, on the International Day against Homophobia, Transphobia and Biphobia, 17 May 2017, the Independent Expert and a range of United Nations human rights treaty bodies and special procedures, as well as regional mechanisms, issued a joint statement calling for protection of transgender and gender diverse children and adolescents. The following excerpt epitomizes the universal message: We call on States to adopt and implement effective measures prohibiting violence, anti-discrimination laws covering gender identity and expression — real or perceived — as well as sexual orientation as prohibited grounds for discrimination, to develop inclusive curriculums and learning materials, training for and support to teachers and other school staff, education and support programmes for parents, safe and non-discriminatory access to bathrooms, and awareness-raising programmes nurturing respect and understanding for gender diversity. On another front, the mere existence of laws or by-laws criminalizing gender expression including through offences of “cross dressing” or “imitating the opposite sex” and other such discriminatory regulations impact on the liberty and security of these young people, tend to foster a climate where hate speech, violence and discrimination are condoned and perpetrated with impunity. Criminalization and pervasive discrimination in such context lead to the denial of health care, including safe gender affirming procedures, and to the lack of access to information and related services. Pathologizing trans and gender diverse people — branding them as ill based on their gender identity and expression — has historically been, and continues to be, one of the root causes behind the human rights violations against them. We reiterate our call for States to decriminalize and depathologize trans and gender diverse identities and expressions, including for young transgender people, prohibit “conversion therapies” and refrain from adopting new criminalizing laws and pathologizing medical classifications, including in the context of the upcoming review of the International Classification of Diseases. We also call on States to provide equal access to health care and access to gender affirming treatment to those who seek it.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Adolescents
- Children
- LGBTQI+
- Youth
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 25b
- Paragraph text
- [The Independent Expert underlines the key role of civil society and human rights defenders and the need for more effective action to counter threats and reprisals against them. Of note is a submission to the Human Rights Council by a number of non-governmental organizations earlier this year, in which they called upon States, inter alia:] To ensure the protection of human rights defenders working on issues of sexual orientation, gender identity and expression, and sex characteristics, against any violence, threat, retaliation, de facto or de jure discrimination, pressure or any other arbitrary action perpetrated by the State or non-State actors, in response to their human rights activities;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Gender
- Violence
- Person(s) affected
- Activists
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 25c
- Paragraph text
- [The Independent Expert underlines the key role of civil society and human rights defenders and the need for more effective action to counter threats and reprisals against them. Of note is a submission to the Human Rights Council by a number of non-governmental organizations earlier this year, in which they called upon States, inter alia:] To remove barriers to the full recognition, registration and/or accreditation of organizations that promote and protect the human rights of persons of diverse sexual orientation, gender identity and expression, and sex characteristics at the national, regional and international levels;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 48
- Paragraph text
- In regard to criminal laws on cross-dressing and other laws with a negative impact on the human rights of transgender persons, a non-governmental submission provided much insight, pointing out that criminalization heavily impacted transgender and gender diverse people. They welcomed the reference in the first report to criminalization of so-called “cross-dressing”. However, there are many other types of gender identity and expression-based criminalization, including “impersonation” provisions as well as inconsistent or unjust implementation of laws on beggary, HIV, sex work, nuisance and loitering in ways that are punitive to transgender persons, most especially toward transgender women. In countries with mandatory military conscription, transgender women who have not been able to change their gender markers and transgender men may face legal or economic consequences in that context. Transgender people may in fact be affected by laws criminalizing same-sex relations, whether or not they are in such a relationship. In many countries, transgender women are perceived as men and transgender men are perceived as women, therefore, a transgender woman with a male partner or a transgender man with a female partner is also included within the criminalization of same-sex conduct. Additionally, there are gay, lesbian, and bisexual transgender persons, who are also targets of those laws and policies. Furthermore, transgender persons are often targeted because of their gender expression, as it is commonly used to assume a person’s sexual orientation.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 50
- Paragraph text
- Full enjoyment of human rights by such persons is a longitudinal challenge, starting in the home and extending to the educational system, the work place and life beyond. Discrimination is also intersectional. Many countries are, however, still hampered by the lack of or insufficiency of anti-discrimination measures, which is linked with the environment leading to violence and discrimination. There is thus a need for effective anti-discrimination measures covering both the public and private spheres, and of a comprehensive kind: not only formal but substantive, not only de jure but also de facto, in addition to the building of a community open to understanding and respecting sexual and gender diversity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53i
- Paragraph text
- In stating that same-sex relations are not criminalized in the country, Slovakia observed that the Constitution regulates the principle of equal treatment for all and there is also a national strategy for human rights promotion. Slovenia cited the new Protection against Discrimination Act 2016 which covers, inter alia, sexual orientation, sexual identity or sexual expression. Sexual orientation is also reflected in the Employment Relationship Act. Poland called attention to both the civil law and criminal law. There is an anti-discrimination act of 2010 which covers sexual orientation, while the penal code covers incitement to hatred and violence, encompassing sexual orientation and gender identity. This is paralleled by labour legislation, a national programme for equal treatment and data collection;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53m
- Paragraph text
- A non-governmental organization from India highlighted the key role of the courts in relation to sexual orientation and gender identity, reporting National Legal Services Authority v. Union of India (NALSA), a landmark decision (on respect for gender identity) by the Supreme Court on 15 April 2014; it came at an extremely adverse time for the community, which was still reeling from the disappointing Kumar Kaushal v. Naz Foundation judgment by the same court, which upheld section 377 (criminalizing same-sex relations). The NALSA decision became a critical instrument for the fundamental and constitutional rights of the community to remain within the legal discourse;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 59d
- Paragraph text
- States should explore more cooperation with independent national human rights institutions, such as national human rights commissions and ombudspersons, to interlink between international norms and national settings. Those institutions should be supported as part of the checks and balances to prevent and overcome abuses of power and human rights violations, as well to access justice and remedies. They should be paralleled by regional systems and initiatives to help to advance protection against violence and discrimination based on sexual orientation and gender identity;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 59e
- Paragraph text
- The work of human rights defenders and the much needed space for civil society, including non-governmental organizations and lesbian, gay, bisexual, transgender and intersex groups and persons, calls for more effective safeguards from States against incursions and reprisals from those protagonists, whether State or non-State actors, which act inconsistently with international human rights standards. Cooperation with a multiplicity of actors, including the business sector, the medical/scientific sector, religious and faith groups and the media, including social networks, should be fostered on the basis of international human rights law;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 36
- Paragraph text
- On another front, there may also be a need for some criminal laws to tackle violence and discrimination, for example in regard to hate crimes and incitement to hatred, and they should reflect international standards. The situation varies from countries that criminalize same-sex relations to those that do not. There is a need for protection against incitement to hatred in all countries, including in those where same-sex relations are not criminalized. The Independent Expert hopes to explore the broader interface between criminal law, related laws and sexual orientation and gender identity in a future report.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 40
- Paragraph text
- Constructive lessons can be gauged from the following recent submissions to the Independent Expert. National human rights institutions have played a key role in advocating for the repeal of discriminatory laws in all regions of the world. For example, the Asia Pacific Forum of National Human Rights Institutions offers networking and capacity-building as channels for addressing the issue of sexual orientation and gender identity, and the Forum has been assisted by the advice of its Advisory Council of Jurists in favour of decriminalization of consensual same-sex relations.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 43
- Paragraph text
- The Human Rights Commission of New Zealand noted that, in New Zealand, criminal sanctions for same-sex behaviour between consenting adults had been removed 31 years ago, with the enactment of the Homosexual Law Reform Act 1986. Nor is gender diversity criminalized, as New Zealand does not have so-called “cross dressing” laws that criminalize gender expression.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 15
- Paragraph text
- More recently, the views adopted in 2017 by the Human Rights Committee in the case of G. v. Australia, favouring the request of a married transgender person to have a birth certificate that correctly identifies the person’s gender identity, strengthen the right to be free from discrimination, as well as the right to privacy and family.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 59
- Paragraph text
- The following initial recommendations invite constructive responses from a variety of actors, including States, in cooperation with other stakeholders:
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 30
- Paragraph text
- Other regional human rights instruments offer opportunities for advocacy against violence and discrimination. For instance, it is stated in the Arab Charter on Human Rights, of 2004, in its article 3, that: Each State party to the present Charter undertakes to ensure to all individuals subject to its jurisdiction the right to enjoy the rights and freedoms set forth herein, without distinction on grounds of race, colour, sex, language, religious belief, opinion, thought, national or social origin, wealth, birth or physical or mental disability.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 59i
- Paragraph text
- States should ensure that a variety of stakeholders adopt educational and capacity-building measures in regard to sexual orientation and gender identity to nurture empathy towards the diversity inherent to humanity, from a young age. They should also strengthen capacity-building of law enforcers and related personnel, including through integration of sexual orientation and gender identity into their training and educational curriculum, to enhance understanding for sexual and gender diversity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- Youth
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 27
- Paragraph text
- The inter-American system has offered many contributions to action against violence and discrimination. In addition to its important range of human rights-related declarations and conventions and its regional human rights court and commission, it has appointed a regional rapporteur specifically to cover the issue of lesbian, gay, bisexual, transgender and intersex persons. The General Assembly of the Organization of American States recently approved two treaties which refer to sexual orientation and gender identity directly as grounds on which discrimination must be prohibited: namely the Inter-American Convention Against All Forms of Discrimination and Intolerance and the Inter-American Convention on Protecting the Human Rights of Older Persons.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 40
- Paragraph text
- As an example, the multiple, intersecting and aggravated forms of violence and discrimination based on sexual orientation and gender identity are clearly visible in the refugee and migration context, especially where a person has to flee dangers or persecution. As the Office of the United Nations High Commissioner for Refugees (UNHCR) observes: Lesbian, gay, bisexual, transgender and intersex (LGBTI) persons of concern can suffer a wide range of discrimination and violence because of their sexual orientation or gender identity. Displaced LGBTI persons may face continued or additional discrimination in the country in which they seek asylum or as internally displaced within their country of origin. Persecution may be legally condoned (some countries continue to criminalize same-sex relationships) and in many cases LGBTI persons are ostracized by communities and rejected by their families.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- LGBTQI+
- Persons on the move
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 44
- Paragraph text
- The work of UNICEF is guided particularly by the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women. Its programming on lesbian, gay, bisexual, transgender and intersex issues, and its link with children and youth, is part of its equity strategy to enable all children to develop and realize their potential without discrimination. UNICEF is increasingly looking at child protection through the lens of action against violence and discrimination, inspired by the Sustainable Development Goals. Interestingly, in Goal 16, the target is to eliminate violence against children totally in the next 15 years; this also implies a relationship with sexual orientation and gender identity, in order to leave no children behind.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Children
- LGBTQI+
- Women
- Youth
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 59
- Paragraph text
- Regrettably, lesbian, gay, bisexual and transgender persons are excluded from society in many countries: the marginalization and peripheralization are part of a vicious cycle that gives rise to a host of other problems. The atmosphere that excludes people from the sociocultural environment inevitably lends itself to violence and discrimination. The case of transgender persons illustrates this: in many countries, they are often bullied at school, are then pushed out onto the streets and then land up in clandestine professions. They face huge hurdles in accessing other kinds of work and are challenged daily by issues such as access to health care, access to housing, getting an adequate standard of living, and personal safety.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 63
- Paragraph text
- The present report endeavours to set the scene for more monitoring and advocacy to protect people from violence and discrimination on the basis of sexual orientation and gender identity. It is also important to comprehend the multi-layered nature of the violence and discrimination — it starts at home, extends into the educational spectrum, influences the community environment, and continues into the State setting and beyond. It has a longitudinal trajectory, with intergenerational implications. It is also concurrently personal/personalized, family-based, community-influenced and systemic, and at times is linked with institutional violence and discrimination. To overcome these impediments, it is necessary to “start young” with promoting mutual respect and tolerance.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Families
- Youth
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 9
- Paragraph text
- Third, the mandate recognizes that the issue of sexual orientation and gender identity interplays with a variety of pillars of power at the national and international levels. For instance, there may be a healthy range of opinions at the national level in many countries, with the judiciary or parliamentary pillar being more progressive than the executive branch or vice versa, offering the possibility of reform in regard to those national measures that are not in conformity with international standards. The diversity of pillars will be further illustrated below (see table, sect. VI). There is also a call for more space for a strong civil society, national human rights institutions and human rights defenders. In fact, the need for effective checks and balances to prevent abuse of power and to ensure compliance with international human rights law invites a diversity of processes and mechanisms respectful of international law.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 45
- Paragraph text
- In their submissions to the Independent Expert, civil society organizations have also highlighted important advances and remaining challenges. A non-governmental organization submitting information on China noted that the old “hooligan crime”, which had had an impact on same-sex relations between men, had now been reformed, while gender identities were not criminalized in the country. There remained issues of implementation, for example, in the employment sector, particularly in relation to transgender persons.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- LGBTQI+
- Men
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 30
- Paragraph text
- The gaps are, however, omnipresent, despite a global trend towards decriminalization of consensual same-sex relationships. More than 70 countries still criminalize same-sex relations, with particular impact on gay and bisexual men and other men who have sex with men. Of those, at least 40 countries criminalize same-sex relations between lesbian and bisexual women and other women who have sex with women. The death penalty may be applied in a number of countries in the African and Asian regions. More particularly, the death penalty is imposed throughout the territory of four countries and in certain provinces of two others, and in two States the death penalty is carried out by non-State actors. In five other States the death penalty could technically be imposed but it is not invoked.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 8
- Paragraph text
- Second, the Independent Expert is totally conscious of the various sensitivities underlying the mandate. Effective responses on this front would have to be grounded in international human rights law and targeted against violence and discrimination. There is no advocacy of new rights. The modus operandi of the Independent Expert is thus to engage with a broad range of stakeholders, open doors, build bridges and offer windows of opportunities for constructive change.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 49
- Paragraph text
- Even though human rights are inherent to everyone and involve protection for all persons without exception, persons with an actual or perceived sexual orientation or gender identity diverging from a particular societal concept of sexual orientation and gender identity are at times targeted for violence and discrimination, and violations are pervasive in numerous settings.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53n
- Paragraph text
- A non-governmental organization noted that the law on violence against women in Colombia 2008 covers violence against lesbian and bisexual women. There is also intersectionality with conflict and land restitution issues and action against racism. In Latin America, the legalization of civil unions and/or marriage is also a constructive sign of the times; same-sex marriage is legal in a large number of countries, including Argentina, Brazil, Colombia, Mexico and Uruguay;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 55
- Paragraph text
- The present report builds upon the first report submitted by the Independent Expert in April 2017. Recent developments, particularly in regard to development of human rights law and practice at the international and national levels, intersectionality between sexual orientation and gender identity and other issues concerning violence and discrimination, dialogue and cooperation between the Independent Expert and stakeholders, are considered.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 39
- Paragraph text
- Several States have also taken steps to decriminalize transgender persons on the basis of their gender identity or expression. For example, Samoa removed provisions on “impersonation of a female” that were used to arrest and fine transgender persons and the fa’afafine when it revised its penal code in 2013.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 65
- Paragraph text
- Various underpinnings are singled out for particular attention to help prevent and overcome the negative elements of that environment and these will be dealt with in greater detail in future reports of the Independent Expert.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 59a
- Paragraph text
- States are encouraged to ratify the core international human rights treaties (if they have not yet done so) and to implement them fully, including in regard to respect for sexual orientation and gender identity, in cooperation with other partners. States are urged to follow up the various recommendations under the universal periodic review and from the United Nations treaty bodies and special procedures effectively to ensure improved protection from violence and discrimination based on sexual orientation and gender identity;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 13
- Paragraph text
- The present section highlights developments in the past few months, particularly in relation to action against violence and discrimination at the international and national levels, the intersectionality between sexual orientation and gender identity and other issues, such as children and youth, and the Independent Expert’s dialogues and support for international and national cooperation. Good practices and gaps are identified in sections V and VI on decriminalization and anti-discrimination, respectively.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Children
- Youth
- Year
- 2017
Paragraph
The law of inclusion
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/HRC/47/27
Document
Inaugural report by Victor Madrigal-Borloz
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/HRC/38/43
Document
Social inclusion
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/74/181
Document
Legal recognition of gender identity and depathologization
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/73/152
Document
Peace and security
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/77/235
Document
Right to health and SDG3
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/HRC/50/27
Document
COVID-19
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/75/258
Document
Gender (Part II): Practices of Exclusion
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/76/152
Document
Data collection and management
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/HRC/41/45
Document
"Conversion therapies" practices
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/HRC/44/53
Document
Colonialism and SOGI
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2023
- Document code
- A/78/227
Document
Diversity in humanity, humanity in diversity 2017, para. 66f
- Paragraph text
- There is a need to build checks and balances, especially at the national level, to prevent abuses of power and to ensure compliance with human rights. Cooperation should be explored not only with the executive branch of government, but also with parliamentarians and the judiciary, who may assist in weighing the various actions at the national level to ensure respect for international human rights standards. In parallel to this, capacity-building for law enforcers and related personnel, including through education and the integration of sexual orientation and gender identity into their educational curricula, is much needed in order to enhance understanding about sexual orientation and gender identity and about sexual and gender diversity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 57
- Paragraph text
- In many countries, transgender persons are not able to have their self-identified gender recognized by the State, even with gender reassignment surgery, and have to endure lifelong abuses and discrimination. Non-recognition is interlinked with the environment that leads to violence and discrimination. In some situations, they are forced to undergo gender reassignment surgery, other medical procedures, such as psychological assessment, conversion therapy, sterilization and also divorce, with or without legal recognition of their self-identified gender. Other impediments include bureaucratic hurdles and difficulties in accessing medical care, such as hormone treatment, as well as in accessing the wherewithal of life, such as education, housing, a decent standard of living and employment opportunities. Yet, a number of countries, such as Argentina, Australia, Malta, and Scandinavian countries, are now leading the way by enabling people to have their self-identified gender recognized under national law without the need for surgery and related medical procedures, unless they opt for the latter on a non-coerced basis, and by reducing the bureaucratic hurdles along the way. On a related front, the issue of forced surgery (from a young age) also pertains to intersex persons; this is interrelated with violence and discrimination, whereby such persons are prevented from enjoying the element of choice concerning their sexual orientation and gender identity, which is an intrinsic part of the diversity of human life. There is thus a need to move towards legal recognition of self-defined gender identity without coerced methods.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 58
- Paragraph text
- Stigma based on sexual orientation and gender identity, and, concomitantly, violence and discrimination, may arise in a variety of situations, including in the medical and related sectors, and this is linked with the issue of pathologization. Before 1990, even at the international level, homosexuals were classified as mentally ill; this exemplified a pathologizing approach towards sexual and gender identity (looking as lesbian, gay, bisexual and transgender persons as suffering from some form of illness, mental disorder, dysphoria or incongruence), which is now increasingly being questioned. Even though the pathologization facing homosexuals/gays is now no longer the case internationally, at the national and local levels, the situation is still opaque. There are also some parts of the world where gays and lesbians are still being forced into conversion therapy in the distorted belief that this will change their sexual orientation and gender identity. In regard to transgender and intersex persons, the situation is difficult internationally, as they still fall under the International Classification of Diseases, which is now in the process of being adjusted to reduce stigma. There is a further consideration as regards how to ensure sustained access to medical care and services, such as access to hormones and related treatment. The preferred approach should be to ensure access to comprehensive health care for all, without resorting to labels that give rise to stigma. The invitation to destigmatize and depathologize opens the door to more cooperation with the medical, scientific and ethics sectors, to promote shared understanding that sexual orientation and gender identity are part of the natural state of being human, and correlatively, to ensure respect for all persons without distinction.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 35
- Paragraph text
- How aware is the general population of the issue of sexual orientation and gender identity and the interface with violence and discrimination? The reality is often embedded in lack of awareness, misunderstanding, misconceptions and/or ambivalence. Violence and discrimination on the basis of sexual orientation and gender identity often starts being experienced in childhood, at home and in school, for example through bullying. The lack of awareness/knowledge might be compounded by stereotyping, homophobia and transphobia, virulent from the bottom to the top of the social, cultural and political ladder, tailed by the immediacy of social networks. Even among those who are educated, there is at times a cloistered mindset that wrongly looks upon lesbian, gay, bisexual and transgender people as being deviants and being mentally ill. Hate crimes, such as killings, rapes, incitement to violence, and cruel treatment on account of one’s sexual orientation or gender identity, might be paralleled by prejudice, intolerance and bigotry from the personal level to the systemic level.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 36
- Paragraph text
- What are some of the root causes? While more empirical research is needed on the issue, behind the violence and discrimination there is an environment of negative elements: multiple factors, with longitudinal and intergenerational implications. From the health angle, the message from the following citation rings true: Violence against people from key populations has been shown to be a risk factor for HIV acquisition. Such violence is common. It can take various forms — physical, sexual or psychological. Violence is fuelled by the imbalance in the power dynamics of gender and by prejudice and discrimination against persons perceived to depart from conventional gender and sexuality norms and identities. Also, multiple structural factors influence vulnerability to violence, including discriminatory or harsh laws and policing practices and cultural and social norms that legitimate stigma and discrimination. Homophobic violence, too, is increasing in some countries, as more policies and laws have banned same-sex activity and made it a criminal offence. This is likely to increase HIV risk.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Violence
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 37
- Paragraph text
- In reality, there are many social, economic, cultural, legal and political factors behind the environment that breeds violence and discrimination. Various underpinnings deserve particular attention to help prevent and overcome the negative elements of that environment. These will be referred to initially below, and in more detail in future reports from the Independent Expert. In particular, the following underpinnings are essential as part of a strategy of preventing and protecting against violence and discrimination on the basis of sexual orientation and gender identity: • Decriminalization of consensual same-sex relations; • Effective anti-discrimination measures; • Legal recognition of gender identity; • Destigmatization linked with depathologization; • Sociocultural inclusion; • Promotion of education and empathy.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 38
- Paragraph text
- Constructive dialogue is an imperative for the mandate, and the Independent Expert has endeavoured to initiate this from the very first days of his work. He recognizes that it is essential to build bridges — not only to those who already have plenty of awareness, understanding and knowledge but also to those who have less. In the quest for amicable discourse, there is the understanding that there can be no justification for crimes, such as killings, rapes and torture, nor for discrimination. The opportunity for dialogue, consultation and cooperation was exemplified by the public consultation held in Geneva in January 2017. The consultation was open to States, United Nations agencies and other interested stakeholders. This consultation was planned to help the Independent Expert to identify priority work areas in carrying out his mandate and to develop effective strategies to accomplish them. Major issues discussed included the situation of violence and discrimination based on sexual orientation and gender identity and the various underpinnings referred to above and below. At the end of the consultation, the Independent Expert summarized key inputs from the various participants who advised him on his role and work in fulfilling the mandate as follows: • Analytical: The work of the mandate holder is based on independent and objective analysis of the situation drawn from a variety of information sources. • Pedagogical: The work has an educational role in raising awareness among the public and educating the public about the situation. • Intersectoral: The work invites the Independent Expert to cross-link with a variety of actors and stakeholders — governmental, non-governmental and intergovernmental. • Focal/vocal: The work is a focal point for those affected by transgressions, and it also helps them to vocalize their concerns, not simply as victims but also as survivors and experts on the subject. • Empirical: The work is an opportunity for encouraging and generating information and data, possibly disaggregated, to support a balanced evidence-based approach to address the issue.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 2
- Paragraph text
- It should be recalled that everyone has some form of sexual orientation and gender identity. Sexual orientation denotes a person’s physical, romantic and/or emotional attraction towards others, while gender identity concerns a person’s self-perceived identity, which may be different from the sex assigned at birth, as well as the expression of gender identity. The two notions should not be conflated. However, it is unconscionable that persons with an actual or perceived sexual orientation and/or gender identity different from a particular social norm are targeted for violence and discrimination in many parts of the world. Killings, rape, mutilation, torture and cruel, inhuman and degrading treatment as well as arbitrary detention, abduction, harassment, physical and mental assaults such as lashings and forced surgical interventions, bullying from a young age, pressures leading to suicide, and discriminatory action, aggravated by incitement to hatred, in relation to sexual orientation and gender identity are pervasive in numerous settings.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 3
- Paragraph text
- The establishment of the mandate to promote action against violence and discrimination based on sexual orientation and gender identity is anchored in international human rights law, and it is a momentous commitment to multilateralism. It is an invitation to be forward looking and an incentive to move forward together. The present report is thus a clarion call to embrace diversity, complemented by the belief that respect for human rights energizes human society, yielding a positive dividend in terms of peace, sustainable development and societal inclusiveness. It also contributes to economic benefits, while reinforcing a sense of common humanity transcending borders and cultures.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 4
- Paragraph text
- From the outset, the Independent Expert has adopted an approach of open and constructive dialogue and engagement with a broad range of stakeholders. He has drawn from a variety of sources — governmental, intergovernmental and non-governmental — for his work, balancing among them. He has also held separate meetings with embassies, United Nations agencies and concerned groups to amplify discussions. For the present report, the Independent Expert sent out a letter in May 2017 asking for inputs. The responses, received before the end of June 2017, have been integrated into the report where relevant, and they may also be incorporated into his future reports. He conveys his deepest thanks to all who responded to his request.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 5
- Paragraph text
- Through the methodology outlined above, the Independent Expert wishes to give voice to the many national actors who are instrumental in prompting the review and repeal of laws that discriminate against people on the basis of their sexual orientation or gender identity and expression and who contribute to the adoption of non-discrimination provisions. He also wishes to highlight dynamics at the national level and the role of various pillars of the States which can activate the reform process. The report is not intended to provide a comprehensive and geographically inclusive overview of the two underpinnings.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 7
- Paragraph text
- Some preliminary considerations shed light on the operationalization of the mandate. First, the acronym LGBT often appears and is closely linked with the mandate. It stands for “lesbian, gay, bisexual and transgender person(s)”. The term “intersex persons” is abbreviated as “I” and a recent definition is as follows: “intersex persons are born with bodies that vary from male or female”. It should be noted that being intersex is distinct from sexual orientation and gender identity and that intersex people face different issues.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 60
- Paragraph text
- The Independent Expert looks forward to interlinking consistently with a broad range of stakeholders at the national, regional and international levels, and to embracing diversity and energizing humanity, grounded in the commitment to multilateralism and international law, with the traction for catalytic cooperation and positive change.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66
- Paragraph text
- The following initial recommendations invite constructive responses from a variety of actors, particularly States, in cooperation with other stakeholders:
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 56
- Paragraph text
- Two of the various underpinnings introduced in the Independent Expert’s first report are singled out for particular attention to help to prevent and overcome violence and discrimination: namely, decriminalization of same-sex relations and gender identity and expression; and effective anti-discrimination measures. The future reports of the Independent Expert, in 2018, will delve into the issues of legal recognition of gender identity; destigmatization linked with depathologization; socio-cultural inclusion; and promotion of education and empathy.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 26
- Paragraph text
- The initiatives of regional organizations have led to constructive developments. The European human rights system has evolved greatly and proactively on the issue of sexual orientation and gender identity. The Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) has flourished, with important case work on sexual orientation and gender identity being carried out. Furthermore, a number of articles of the Convention, on such matters as the right to non-discrimination, the prohibition of torture, the right to privacy and the right to freedom of expression have been the subject of judicial deliberation. There have been a variety of cases before the European Court of Human Rights, covering a wide expanse of Europe and interlinking geographically with the furthest reaches of Asia, with much innovative thinking. In parallel to this, the European Union, with its Charter of Fundamental Rights, has strengthened measures against violence and discrimination on the basis of sexual orientation and gender identity, including via the collection and collation of data through the European Union Agency for Fundamental Rights to inform policymaking and action.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 39
- Paragraph text
- Violence and discrimination often appear not as singular events but as part of a prolonged vicious circle. They are multiple and multiplied — inextricably linked emotionally, psychologically, physically and structurally. They intersect in a variety of ways, and most clearly where the victim is not only attacked or discriminated against for having a different sexual orientation and gender identity but also on grounds of race, ethnic origin, age, gender, or membership of a minority or indigenous community. The person might also be a child, a young girl, an intersex person, a refugee, an internally displaced person, a migrant worker, a person with a disability, and more. This intersectionality involves a conglomeration of incidents, actors, perpetrators, and victims — the latter being revictimized an infinite number of times, possibly in different phases of life. The situation becomes aggravated precisely because of the convoluted nature of the phenomenon, where crimes are replicated against the same victims and where impunity prevails subsequently, from the home to the school, to the community, to the nation State and to the international spectrum. In today’s cyber world and social media, incitement to hatred and violence driven by hate speech relating to sexual orientation and gender identity has an exponential reach, spinning the web of violations in real time and into the future.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Girls
- Persons on the move
- Youth
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66b
- Paragraph text
- For the second report, due later in 2017 for the General Assembly, the Independent Expert aims to address the key underpinnings outlined above in further detail. In this regard, Governments and other entities concerned are invited to send the Independent Expert relevant information by the beginning of July 2017 so as to enable him to prepare the next report on the basis of information from a range of sources.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66d
- Paragraph text
- States are urged to follow up effectively on the various recommendations from the human rights treaty bodies, the universal periodic review and the special procedures in order to ensure improved protection from violence and discrimination on the basis of sexual orientation and gender identity. Linkage with and support for OHCHR is also important in this regard.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 1
- Paragraph text
- The theme of the present report is “Embrace diversity and energize humanity”. It has been submitted by Vitit Muntarbhorn, who in 2016 was appointed as the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, pursuant to Human Rights Council resolution 32/2. He wishes to warmly thank Governments, international organizations, non-governmental organizations, communities, individuals and other stakeholders for their kind support. In accordance with the request of the Council in its resolution 32/2, paragraph 4, the first report of the Independent Expert was submitted to the Council in April 2017 (A/HRC/35/36). The present report is submitted in line with paragraph 4 of the same resolution, in which the Council requested the Independent Expert to present a report to the General Assembly at its seventy-second session. The Independent Expert will elaborate upon the six underpinnings mentioned in his first report, adjusted as follows: decriminalization of consensual same-sex relations and of gender identity and expression; effective anti-discrimination measures; legal recognition of gender identity; destigmatization linked with depathologization; sociocultural inclusion; and education with empathy. The present report (part one) will address the first two underpinnings, decriminalization and anti-discrimination. Parts two and three, due in 2018, will deal with the other underpinnings consecutively.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 23
- Paragraph text
- Since the first report submitted by the Independent Expert, he has attended a range of conferences and consultations and participated in related activities. For example, he participated in a conference in New York in early 2017 on the role of the business sector in the integration of sexual orientation and gender identity into their policy and practices, as monitored by a gender equality index and as recognized through a number of awards for exemplary performance. Indicators for measuring performance include the need for specific corporate policy reflecting sexual orientation and gender identity at the administrative level as well as in the entire work place, with training for mutual respect and provision of remedies in the case of discrimination. The Independent Expert highlighted the importance of incentivization in the work place, side by side with accountability, as well as integration of the message of non-discrimination throughout the supply chain and interaction with small-scale industries, which are often closest to the general population, particularly in developing countries. When the workplace personifies an environment of non-discrimination and both management and workers feel a sense of inclusion and belonging, there is a key dividend in both economic and social terms, adding to the positive value chain in the global-local dynamic.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 42
- Paragraph text
- The Human Rights Commission of Malaysia pointed out that, given the sensitivities surrounding issues relating to LGBTI rights in Malaysia, it had adopted a step-by-step approach in addressing such issues. In August 2010, the Commission organized a meeting with various Islamic groups with the objective of gaining a better understanding of Islamic perspectives of LGBTI and of substantiating Islamic sensitivities and views regarding such LGBTI actions as same sex intercourse, cross dressing, imitation of the opposite gender and gender reassignment. The application of the principles of non-discrimination under the Federal Constitution on LGBTI was also discussed. The meeting was followed by a roundtable discussion in 2011 during which participants raised some issues related to sexual minorities, including the need to protect sexual minorities from violence through legal and other forms of protection and redress, to recognize transgender persons by ensuring an enabling environment and to review relevant laws to prevent discrimination, for example through the inclusion of sexual orientation and gender identity as a grounds for discrimination in article 8(2) of the Federal Constitution.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/72/172
Document
Diversity in humanity, humanity in diversity 2017, para. 31
- Paragraph text
- The ASEAN Human Rights Declaration, of 2012, stipulates that: Every person is entitled to the rights and freedoms set forth herein, without distinction of any kind, such as race, gender, age, language, religion, political or other opinion, national or social origin, economic status, birth, disability or other status.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 24
- Paragraph text
- The Independent Expert took part in a lecture at a seminar for human rights defenders in Manila, highlighting in particular the channels for activating communications through the United Nations special procedures to seek protection and redress. He attended various European activities in relation to the International Day against Homophobia, Transphobia and Biphobia in Brussels, calling for strategic action to overcome violence and discrimination, including the need for human rights-sensitive laws, policies, programmes, case enforcement in the courts, accessible mechanisms and personnel, resources, education and monitoring, data generation, accountability provisions, and networking and mobilization for national reforms to comply with international standards. During the regular session of the Human Rights Council in March 2017, he contributed to a panel on transgender persons, mental health and human rights and advocated the need to engage more strongly with the health sector, particularly on such issues as conversion therapy, forced sterilization, medical diagnosis and counselling, all of which might be interlinked with violence and discrimination, as well as the need for comprehensive health care for all. Concurrently, he helped to train human rights defenders from several parts of the world on the issue of sexual orientation and gender identity in a session organized by a non-governmental organization.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 17
- Paragraph text
- The entry point for the mandate holder is action against violence and discrimination. This is based on existing international human rights law and its interrelationship with sexual orientation and gender identity; there is no advocacy of new rights for particular groups.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 41
- Paragraph text
- This is a key area, where the work of the Independent Expert can help to support cooperation to prevent and overcome violence and discrimination on the basis of sexual orientation and gender identity. Important work is already being done to counter such violence and discrimination and it can be further strengthened. The joint statement from 12 United Nations entities (see para. 14 above) was a major intersectional and intersectoral breakthrough in terms of inter-agency cooperation, between the Office of the United Nations High Commissioner for Human Rights (OHCHR), the United Nations Development Programme (UNDP), the United Nations Population Fund (UNFPA), UNHCR, the United Nations Children’s Fund (UNICEF), the United Nations Office on Drugs and Crime, the World Food Programme, the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), the International Labour Organization, the United Nations Educational, Scientific and Cultural Organization (UNESCO), WHO, the World Bank and the Joint United Nations Programme on HIV/AIDS (UNAIDS). At the public consultation held by the Independent Expert in January 2017, there was similar advocacy from the United Nations Human Settlements Programme (UN-Habitat), and the list of cooperating organizations can be expanded.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/35/36
Document
Diversity in humanity, humanity in diversity 2017, para. 28
- Paragraph text
- Complementing the measures outlined above, resolution 275 of the African Commission on Human and Peoples’ Rights, on protection against violence and other human rights violations against persons on the basis of their real or imputed sexual orientation or gender identity, of 2014, resonates with the following message for the African region and beyond: Strongly urges States to end all acts of violence and abuse, whether committed by State or non-State actors, including by enacting and effectively applying appropriate laws prohibiting and punishing all forms of violence including those targeting persons on the basis of their imputed or real sexual orientation or gender identities, ensuring proper investigation and diligent prosecution of perpetrators, and establishing judicial procedures responsive to the needs of victims.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 20
- Paragraph text
- An array of international human rights instruments help to entrench calls for non-violence and the principle of non-discrimination in international law, with due respect for sexual orientation and gender identity. The genesis of human rights protection after the Second World War was the Universal Declaration of Human Rights, of 1948. There are now nine core international human rights treaties, complemented by various protocols. All of them interrelate with the issue of sexual orientation and gender identity, to a lesser or greater extent. For instance, the right to be free from discrimination is propounded in article 2 of the Universal Declaration of Human Rights and in all human rights treaties. Article 2 of the International Covenant on Civil and Political Rights stipulates: Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 21
- Paragraph text
- Other provisions (e.g. article 7 of the Universal Declaration of Human Rights and article 26 of the International Covenant on Civil and Political Rights) reaffirm the right to equality before the law and equal protection of the law without discrimination. The stricture against discrimination was deliberated upon by the Human Rights Committee in regard to a seminal case, Toonen v. Australia, that concerned the presence of a local law that prohibited same-sex relations. The Committee found that the local law in question violated article 17 of the Covenant in regard to the right to privacy, and that the reference to “sex” in article 2 (1) (as well as in art. 26) covered sexual orientation.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 47
- Paragraph text
- UNFPA concentrates on the issue of sexual and reproductive rights and their relationship with health, including for lesbian, gay, bisexual, transgender and intersex persons, through four areas: policy formulation, capacity development, information and knowledge and delivery of services. It has developed a stigma index tool to help expose stigma, and has enabled access to condom and lubricant programming based on the principles of non-stigmatization and non-coercion. It has reached out to vulnerable groups to reduce HIV-related stigma, and it has called for the reform of punitive laws that drive people underground, in relation to same-sex relations, sex work and drugs-related situations.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 34
- Paragraph text
- The cross-cutting scenario of violence and discrimination is described by the World Health Organization (WHO) as follows: Many people in the world are stigmatized and discriminated against because of their actual or perceived sexual orientation or gender identity. Among other disparities, lesbian, gay and transgender people are significantly more likely than the general population to be targeted for violence and harassment, to contract HIV, and to be at risk for mental health concerns such as depression and suicide. In settings where same-sex consensual sexual behaviour is against the law, people may be deterred from seeking health services out of fear of being arrested and prosecuted.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Violence
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 60
- Paragraph text
- Conversely, an inclusive society enables people to enjoy protection from violence and discrimination, and leaders in the social, cultural, political and other fields can have an important role in communicating, motivating and fostering that inclusiveness. Religions and other belief systems, in their sense of humanity, can be a great platform for promoting understanding and empathy — in terms of nurturing care, compassion, tolerance and respect for diversity. Yet, the situation locally often leaves much to be desired where there are approaches to and/or interpretations of doctrines or beliefs which are inconsistent with human rights; this results in sociocultural exclusion which is then channelled into situations of violence and discrimination. It should not be forgotten that exclusion, steeped in violence and discrimination, also has a social and economic cost, both for the victim and for society as a whole. This is obviously the case where such exclusion pushes people underground, for example in relation to HIV/AIDS — making disease control difficult and with ensuing health implications and economic/financial consequences for society.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 53
- Paragraph text
- As noted in a recent UNHCR study: The majority of laws criminalizing same-sex sexual activity were noted by respondents in countries in Africa, Asia-Pacific, and the Middle East and North Africa region, with a few offices also highlighting similar laws targeting transgender identity. While many respondents in the Americas and Europe reported significant progress to ensure adequate legal protection of the human rights of LGBTI persons, there nonetheless remain some countries in these regions with laws that criminalize core aspects of LGBTI expression … While laws targeting LGBTI persons may be written to criminalize specific sexual acts rather than the broader identities of persons with a diverse sexual orientation or gender identity, some offices noted that such laws may nonetheless be used to prosecute individuals who identify as LGBTI. A respondent in a country in the Middle East and North Africa region reported, for instance, that “some LGBTI people have been convicted by the authorities solely for their presumed sexual orientation”, despite the fact that only same-sex activity, rather than LGBTI identity, is criminalized in the country of operation.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 54
- Paragraph text
- There is thus a need to move towards decriminalization in respect of these laws, which regrettably help to fuel the violence and discrimination.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 16
- Paragraph text
- All countries have engaged with the universal periodic review of the Office of the United Nations High Commissioner for Human Rights (OHCHR) and largely with one or more of the special procedures. There has been much coverage of the issue of sexual orientation and gender identity under those mechanisms, particularly from the perspectives of anti-violence and anti-discrimination. A total of 113 States Members of the United Nations from all regions have voluntarily accepted, in the context of the universal periodic review, at least one recommendation to address violence and discrimination based on sexual orientation and gender identity, and this is welcome.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 17
- Paragraph text
- The initiatives of regional organizations have added constructive developments. The European human rights system, the inter-American human rights system, the African human rights system, the Arab Charter on Human Rights and the Association of Southeast Asian Nations (ASEAN) Human Rights Declaration all uphold the right to be free from discrimination and have provisions countering violence to human life that can bolster the protection of persons under the rubric of sexual orientation and gender identity. Importantly, the European Court of Human Rights in 2017 found that forced sterilization (particularly affecting transgender people who wish to have their self-perceived gender identity recognized by the State) was in contravention of human rights; another case found that a local law constraining free speech in relation to sexual orientation was in breach of the Convention for the Protection of Human Rights and Fundamental Freedoms.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 41
- Paragraph text
- The Australian Human Rights Commission noted that consensual same-sex between adults had never been regulated by federal criminal law; however, it was previously a criminal offence in all Australian states and territories. In 1994 the federal Parliament passed the Human Rights (Sexual Conduct) Act 1994, which provided that sexual conduct involving only consenting adults in private was not to be subject, by or under any law of the Commonwealth, a state or a territory, to arbitrary interference with privacy within the meaning of article 17 of the International Covenant on Civil and Political Rights.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 6
- Paragraph text
- The Independent Expert follows and responds closely to the mandate established by resolution 32/2. The post of the Independent Expert is pro bono. Key elements emanating from the mandate can be summarized under five main areas as follows: implementation of international instruments, with identification of good practices and gaps; awareness of the violence and discrimination issue, and linkage with root causes; engagement, consultation and cooperation with States and other stakeholders; identifying multiple, intersecting and aggravated forms of violence and discrimination; and support for international cooperation and related services to assist national efforts. The Independent Expert offered an analysis of those elements in his first report and in the present report will update them with recent developments.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53b
- Paragraph text
- The legal infrastructure of the United Kingdom of Great Britain and Northern Ireland illustrates the range of possibilities. The 2003 Employment Equality (Sexual Orientation) Regulations prohibited discrimination in employment in relation to sexual orientation. Its 2007 Equality Act (Sexual Orientation) Regulations prohibited discrimination on grounds of sexual orientation in the provision of goods, facilities and services, education, housing and public functions. The 2010 Equality Act then included more generally “sexual orientation” among the protected characteristics;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53e
- Paragraph text
- The National Human Rights Commission of Mexico indicated that hate crimes related to sexual orientation and gender identity are considered aggravating circumstances which can give rise to more severe penalties. Issues relating to sexual orientation and gender identity might also be covered by its law on violence against women. The country also has various protocols to help guide the authorities on how to deal with sexual orientation and gender identity situations in an empathetic manner, such as the protocol for judicial operators, including judges and prosecutors, issued by the Supreme Court on this topic;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 32
- Paragraph text
- The criminalization of consensual same-sex relations between adults of the same sex violates States’ obligations under international law, including the obligation to protect privacy and to guarantee non-discrimination. Such violations occur even when the law is not enforced. As such, arrests and detentions on the basis of sexual orientation, gender identity or expression are to be considered arbitrary. The imposition of the death penalty for offences related to homosexuality violates the right to life as it does not pass the qualification criteria of “most serious crimes”, as provided for in article 6 of the International Covenant on Civil and Political Rights. Criminalization of same-sex relations also fuels stigma, legitimizes prejudice and exposes people to family and institutional violence and further human rights abuses such as hate crimes, death threats and torture. All such provisions should be repealed.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53a
- Paragraph text
- In Sweden, the Discrimination Act prohibits discrimination in relation to sexual orientation and gender identity (and other grounds). There is an equality ombudsman to monitor implementation of the law and various criminal law provisions against homophobic speech and discriminatory statements. If the motive for the offence is related to sexual orientation and gender identity, this is an aggravating circumstance for more severe sanctions. New legislation is being discussed for stronger protection for transgender persons in relation to hate speech and hate crime, as well the issue of privacy;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 34
- Paragraph text
- There are other laws and policies of a more indirect nature that might also be negatively applied to certain groups and persons in relation to sexual orientation and gender identity. They include laws based on public decency, public health and security, at times in the guise of local criminal laws and regulations. For examples, transgender women are often targeted and prosecuted on the basis of laws criminalizing sex work, or under laws against “vagrancy”. There are equally challenging implications of various religious laws when applied strictly.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 22
- Paragraph text
- The Independent Expert has also received submissions from various sources concerning the plight of children and youth in relation to violence and discrimination, such as bullying at home and at school. A variety of issues deserving more attention, ranging from discriminatory sexual consent laws to access to information, conversion therapy, rights of transgender children, rights of intersex children, children of same-sex couples and access to justice have also been raised.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- LGBTQI+
- Youth
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53f
- Paragraph text
- Germany has an anti-discrimination law covering sexual orientation and gender identity. There is emphasis on implementing the criminal law against hate crimes based on sexual orientation. It is now drafting its national plan against racism which will also cover the issue of transphobia and homophobia. It is complemented by a new law to give compensation to those who were punished for consensual same-sex relations under the Third Reich;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53h
- Paragraph text
- Switzerland stated that its Constitution has an anti-discrimination provision covering all forms of discrimination, including sexual orientation and gender identity. Civil partnership has been recognized since 2007. Revision of the adoption law in 2016 opens the door to stepchild adoption for same-sex couples. Change of name is also possible in this regard;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53j
- Paragraph text
- Spain noted that non-discrimination has been integrated into a variety of regional legislation, complemented by criminal provisions against hate crimes. There are a means for registration of hate-related incidents; special prosecutions in this regard; and a protocol of action for police officers in relation to crimes of hatred and discrimination;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53k
- Paragraph text
- A source indicated that, in Ukraine, proposals to introduce laws in the form of the so-called “homosexuality anti-propaganda law” and based on “traditional family values” were withdrawn in 2015, and the legal framework has become more supportive of sexual orientation and gender identity;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 54
- Paragraph text
- The Independent Expert recognizes that participation by LGBTI groups in a variety of professions and positions can also generate role models which can help to overcome stereotypes and prejudices. Countries could consider, for example, how many LGBTI persons have access to employment opportunities, such as in the judiciary and the police, which could be part of the economic and social dividend. Specifically, how many transgender judges have been appointed?
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 52
- Paragraph text
- Despite significant advances, important gaps remain, in particular when it comes to measures aimed at protecting discrimination based on gender identity and expression, as illustrated by the fact that fewer than half of the countries which offer legal protection from discrimination explicitly include transgender identities as grounds for discrimination. In addition, only a few States prohibit discrimination in all spheres of life; some legislation fails to cover the private sector; and other laws are not properly enforced.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 51
- Paragraph text
- Various elements interrelate closely with the root causes and environment behind the violence and discrimination. On that matter, the underpinnings outlined in the following paragraphs will be dealt with progressively by the Independent Expert as part of a workplan and mapping exercise, in the coming years. They are discussed succinctly in the present report, as a precursor to other more detailed reports that will follow in the future.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 62
- Paragraph text
- The present report is the first report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, and its theme 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. This is enmeshed in the political, social, cultural and economic setting of each country, which invites a context-specific analysis and understanding of each scenario. While human rights are inherent to all persons without distinction, the situation facing those groups and persons may vary; it is not necessarily homogeneous.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 20
- Paragraph text
- Recent welcome developments at the national level include a new law enacted by the Parliament of Canada (Bill C-16) expanding protection under the Canadian human rights law to cover transgender persons, including protection from hate speech, and in Germany and Taiwan Province of China, moves towards recognition of same-sex marriage. In India, the Ministry of Drinking Water and Sanitation issued guidelines in April 2017, directed to all states, to allow transgender persons to use the facility of their choice in community or public toilets, and a Ministry of Health and Family Welfare resources kit for adolescents explains that same-sex attraction is normal. Peru introduced a new education curriculum on 1 January 2017 which makes it mandatory to teach about sexual and reproductive rights, abortion, sexual orientation and gender identity, and in March 2017 Japan updated its basic policy for the prevention of bullying, which expressly protects sexual and gender minority students. Several initiatives have also been taken in 2017 to ban “conversion therapy”, for example in Taiwan, Province of China, in the State of Victoria (Australia) and in the State of California (United States of America).
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 6
- Paragraph text
- Albinism is a condition that results in a significant or near total lack of pigmentation in any or all of the skin, hair and eyes. The most significant human rights issues have emerged from myths linked to the form of albinism involving a lack of pigmentation in the skin. This is also the most visible form of albinism. All forms of albinism are together understood as rare, non-contagious, genetically inherited and occurring in both sexes, regardless of ethnicity, in all countries of the world. However, in most communities around the world, albinism is not fully understood.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 7
- Paragraph text
- Myths about albinism include the belief that a child with albinism is a curse meted out on the mother or family of the child. It is also sometimes believed that children with albinism are the result of their family's or parent's evildoing and they are therefore considered a punishment to the whole family and community. In most cases, the blame for having a child with albinism is often attributed to the mother because the curse is believed to be matrilineal, transmitted by the mother's side of the family. There are also beliefs that women who give birth to children with albinism are unclean, or even in some cases witches. A similar myth is that the mother of a child with albinism stepped onto something evil, leading to a curse on the whole family.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Person(s) affected
- Children
- Families
- Women
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 11
- Paragraph text
- The lack of understanding of the condition is also illustrated by myths that persons with albinism cannot have children who do not have albinism, or that they are sterile. Furthermore, it is often believed that persons with albinism can only be found within one`s proximate race; consequently, the worldwide status of the condition is often not generally known. This narrow understanding of the frequency of albinism feeds into myths which present the condition as a particular problem supernaturally aimed at specific women and families.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Person(s) affected
- Children
- Families
- Women
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 12
- Paragraph text
- It is evident that none of these myths are true, yet they demonstrate the lack of understanding of the genetic nature of albinism. This absence of scientific knowledge and the resort to myths to provide explanations concerning albinism lead to discrimination against persons with albinism and their families, mothers in particular. However, this should not lead to the conclusion that public education alone will eradicate these myths. Evidence shows that even where the truth and the scientific basis of albinism are known, they can co-exist with myths. Scientific explanations of the origins of albinism can answer the question "why?". But they fail to answer particular, localized and personal questions such as "why in this particular person?" and "why at this particular time and place?". The inability of science to answer these questions means that many turn to explanations proposed by supernatural beliefs such as witchcraft, and its practitioners, also known as witchdoctors.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Harmful Practices
- Person(s) affected
- Families
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 19
- Paragraph text
- The myth that persons with albinism naturally have a short lifespan is also prevalent. It appears to supply an explanation for the relatively high frequency of early deaths among persons with albinism. Such early deaths, which particularly correlate with the myth that persons with albinism disappear, also appear to be strongly linked to the prevalence of skin cancer and the high number of early to midlife fatalities recorded among them on account of this preventable disease. There is an urgent need to address this disease through the provision of both preventive and curative measures that are accessible and affordable or free, particularly in rural areas.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 65
- Paragraph text
- In addition to Miguel's correlation of income and witchcraft, it has also been documented that there can be a plausible link between the surge in occult practices, including witchcraft, and the pressures and opportunities people are faced with in a changing socioeconomic order. A study of specific mining towns where the use of body parts of persons with albinism in lucky charms has been documented indicates that the cumulative influx of a large number of migrant miners, generational and cultural divides within the local villages, and the social change propelled by the rapid focus on mineral extraction for income in the local economy are among the factors which triggered a symbiotic relationship between miners seeking luck and comparative advantage in their work on the one hand and the witchdoctor on the other hand.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 46
- Paragraph text
- Witchcraft beliefs and practices as they relate to albinism have essentially capitalized on a myth-riddled situation, to the benefit of practitioners and willing believers. Further, the relative rarity of body parts of persons with albinism has been capitalized upon by the witchcraft beliefs which proffer that the body parts can attract equally rare minerals, such as gold or diamonds. The same argument with regard to rarity appears to have informed the market value of body parts, such that "the albino fetish has become the most expensive charm because it is perceived as harnessing spirits that are far more powerful than … a waganga [witchdoctor/traditional healer] could otherwise offer".
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 73
- Paragraph text
- Lack of public education on albinism is closely linked to widespread myths regarding the condition. This is why the need for sustained awareness-raising initiatives on the issue cannot be overstated. That said, awareness-raising and public education initiatives cannot replace concrete action, but ought to be carried out as part of a broader action plan such as the one being developed at the African regional level. Education of persons with albinism about their condition and their rights is also necessary to counter myths and misbeliefs.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 13
- Paragraph text
- There are different types of albinism. The most common and visible type is oculocutaneous albinism (OCA), which affects the skin, the hair and the eyes. Within this type, there are subtypes, which reflect varying degrees of melanin pigment deficiency in an individual. The main subtypes of OCA are tyrosinase negative albinism (OCA1) and tyrosinase positive albinism (OCA2). In OCA1, there is little or no production of melanin and it is often characterized by white hair and opaque or transparent irises. In the more prevalent, particularly in African countries, OCA2, some melanin is produced and it is characterized by yellow-blonde or sandy-coloured hair and grey to light brown irises. A less common form of albinism is ocular albinism which affects the eyes alone, while albinism accompanied by Hermansky-Pudlak syndrome is another less common form, which is characterized by bleeding disorders, bowel (colitis) and lung diseases.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 44
- Paragraph text
- Discrimination against women takes various forms. Women with albinism are reportedly victims of targeted acts of sexual violence spurred by the myth and misbelief that sexual intercourse with a woman with albinism can cure HIV/AIDS. Furthermore, women who give birth to a child with albinism may face ostracism and discrimination. They are also exposed to rejection by their husbands or partners, accused of adultery or infidelity and blamed for giving birth to a child who is generally seen as a curse or a bad omen. The rejection of mothers of children with albinism exposes them to poverty and isolation and increases the vulnerability to attacks of both mother and child with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Women
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 45f
- Paragraph text
- [The Independent Expert intends to identify and consolidate the measures to end and prevent attacks to persons with albinism in consultation with States, civil society, international and regional bodies and agencies as well as other stakeholders. The specific measures identified will be based on those already identified, particularly those adopted by the African Commission on Human and Peoples' Rights, namely:] Inclusion of information in reports submitted by States parties to the African Commission on Human and Peoples' Rights under article 62 of the African Charter on Human and Peoples' Rights, on the situation of persons with albinism, including good practices in protecting and promoting the rights of persons with albinism;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 17
- Paragraph text
- In the international human rights framework, persons with albinism have normative protection in the International Bill of Rights covering all their fundamental human rights, including the rights to life, physical integrity, liberty, security, the highest attainable standard of physical and mental health and an adequate standard of living. Further protection can be found in specific instruments, including the Convention on the Rights of Persons with Disabilities and the International Convention on the Elimination of All Forms of Racial Discrimination, which proscribes "racial discrimination" based on colour.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 47
- Paragraph text
- Attacks against persons with albinism for the purpose of obtaining and using body parts in muti or juju as well as accusations of witchcraft match these criteria for harmful practices. In the publication on harmful practices issued by her Office, the Special Representative of the Secretary-General on Violence against Children, quoting the UNICEF study, reported that "discrimination, violence and harmful practices against children with albinism have reached alarming proportions". She added that there were no cultural or religions justifications for such practices.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 69
- Paragraph text
- It is likely that similar laws, including those inherited from the colonial era, when examined in the light of the principles of human rights, including the rule of law and the right to a fair trial, would lead to outcomes similar to the ones prescribed by the Commission. They include repealing outdated legislation on witchcraft, while emphasizing the necessity of sanctioning persons who accuse others of witchcraft; making it generally known that harmful practices related to witchcraft would be prosecuted; and ensuring that mere belief in witchcraft is not criminalized. However, as witchcraft in general has yet to feature prominently on the radar of human rights mechanisms, the initiation of a system-wide approach, beginning with a scaled-up version of the exercise conducted in Papua New Guinea, including an exercise in definition, is timely.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 73
- Paragraph text
- WHO, in its study on the legal status of traditional medicine, details the status of traditional medicine in 123 countries around the world, showing the diverse approaches taken by States with respect to the practice. In sub-Saharan Africa, some States recognize traditional medicine as part of the national health system while others are silent on the issue. There are also variations between States in the level of regulation of traditional medicine practitioners. Some countries have established registers of practitioners, or exercise control by issuing government licences at the central level; in others, local officials are able to authorize the practice of traditional medicine in their administrative and/or health subdivisions. In certain countries, unlicensed practising of traditional medicine is a punishable offence. In other countries, including those with records of attacks, there is no licensing or registration process for practitioners of traditional medicine.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 92
- Paragraph text
- That being said, given the extent of witchcraft practices and the diversity of victims of related harmful practices, including persons with albinism, a transversal approach is timely. This could be in the form of a guiding document that takes into account the several recommendations made to date, including by the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Constitutional Law Reform Commission of Papua New Guinea and the preliminary conclusions of the Independent Expert.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 24
- Paragraph text
- In an environment where having albinism is regarded as a curse and where the myth that albinism can be contracted like a contagious disease is prevalent, crossing the road to avoid walking near or refusing to shake hands with persons with albinism is commonplace.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 33
- Paragraph text
- The Oxford dictionary defines witchcraft as "the practice of magic, especially black magic; the use of spells and the invocation of spirits". However, it appears that witchcraft has many connotations and is subject to many interpretations, such that "objective definitions of witchcraft are unsatisfactory because its real meaning derives from relationships, shared experiences and individual feelings", and consequently "meanings of witchcraft are so varied because the concept is so versatile".
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 51
- Paragraph text
- In this context and owing to their visibility in most of the affected communities, persons with albinism, and parents of children with albinism, constantly live in fear of attack. Many do not sleep peacefully and have deliberately restricted their movements to the necessary minimum, during daylight hours and when escorted by trustworthy persons. Mothers have sent their children to live with relatives or in boarding schools. Yet, even there the fear remains, as such establishments are often in need of increased security measures.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Children
- Families
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 23
- Paragraph text
- From the sociological and anthropological perspectives, the following definition for witchcraft has been proposed by Marc Augé: witchcraft is "a set of beliefs, structured and shared by a given population that addresses the origin of misfortune, illness and death, and the set of practices for detection, treatment and punishment that corresponds to these beliefs". Often, the diagnostic aspect of witchcraft often pinpoints an individual person as the source of the misfortune within the family, place of employment or community.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 24
- Paragraph text
- UNICEF extends this definition by adding that "witchcraft is a theory that explains and justifies a conception of the universe". With both conceptualizations, witchcraft could also be described as a religion or belief. In various countries affected by attacks against persons with albinism, witchcraft beliefs and practices are widespread. Adherents are found across various strata of society, transcending socioeconomic class, the urban-rural divide and levels of education.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 56
- Paragraph text
- Countries with records of attacks against persons with albinism, including both countries visited this year by the Independent Expert, demonstrated the challenge of the ambiguity between the two practices. This problem has already been identified by the Independent Expert as a root cause of attacks. The issue is further complicated by the lack of effective oversight over the practice of traditional healers, the secrecy that often surrounds witchcraft practice and the absence of a clear national policy position on the issue.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 84
- Paragraph text
- The Independent Expert also recommends that affected States and civil society, in close cooperation, systematically gather data and information on attacks against persons with albinism and conduct relevant studies with emphasis on trends and forms of attack, cases of discrimination and root causes, since data and research on this topic remain relatively scarce.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 21
- Paragraph text
- There are rare cases where persons with albinism are deified or viewed as having godlike qualities. For example, the Guna people in Latin America give a special place to persons with albinism as protectors. Tales of persons with albinism being considered as water deities or as natural chiefs have also been reported. While deification and positive supernaturalization of persons with albinism may appear to be desirable, this is not an ideal state because the person with albinism is still the subject of myths unfounded on fact or science. Consequently, their dignity remains grounded in subjective narratives and not in their objective status as human beings.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 25
- Paragraph text
- In addition, such fear of contagion can be extended to objects touched by persons with albinism. In the words of a person with albinism, "some people will not touch what I touch. In the bus no one wants to sit next to me. People don't want to shake hands with me, share utensils, touch me or come near". Similarly, another person with albinism reported that people refuse to share a taxi with him. Further, as a result of such beliefs, people are sometimes reluctant to eat any food that has been touched by persons with albinism. This is particularly stigmatizing in a context where persons eat from a common pot. It also raises difficulties for persons with albinism working at markets, as customers may prefer other sellers.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 26
- Paragraph text
- Family members, friends and service providers are not immune to the practice of self-distancing from persons with albinism. This is illustrated by the following testimony of a person with albinism: "my mother distances herself from me … I had girlfriends who preferred to quietly meet me away from the public. You go to a party; they won't want to dance with you". Similarly, it was reported that, in certain cases, nurses and other medical professionals, including physicians, were reluctant to touch or treat patients with albinism. In such a context, it is not uncommon that persons with albinism self-limit their interactions within the community and shy away from attending school.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Person(s) affected
- Families
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 61
- Paragraph text
- Fear of attacks has also worsened the economic situation of persons with albinism who are not able to cultivate their land, go to the marketplace or initiate economic activity in freedom. The same can be said of parents of children with albinism, who often have to curtail their economic activity to accommodate the need to watch over their children day and night and to escort them to and from school. This strain on family economics increases the likelihood that a child with albinism will be viewed as a burden or curse on the family. This in turn increases the child`s vulnerability to attacks initiated or facilitated by family members.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 79
- Paragraph text
- Aside from by a small, though growing, number of civil society organizations, insufficient attention is being paid to research and documentation of cases of attack and discrimination against persons with albinism. This paucity can be attributed in part to the fact that the human rights issues faced by persons with albinism have come to the attention of States and the international community only recently. While the primary duty of documenting crimes and ensuring justice for victims belongs to the State, the indispensable supplementary work of civil society in this regard remains crucial. However, a majority of non-governmental organizations focusing on the issue are relatively new, continue to face resource shortages and are still developing their capacity to carry out research and robustly engage with relevant national, regional and international mechanisms.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 83
- Paragraph text
- [The Independent Expert makes the following recommendations to States affected by attacks against persons with albinism:] [Legal action] Consider regulating the practice of traditional medicine where ambiguity exists, in practice, between witchcraft on the one hand and traditional, herbal or alternative medicine on the other. Such regulation might include an effective monitoring mechanism that reaches rural, remote and border areas, particularly where attacks against persons with albinism have been reported;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 49
- Paragraph text
- Civil society reports nearly 500 cases of attacks against persons with albinism across 26 countries. They include various forms of attack, including physical assault, murder and sexual violence tied to witchcraft beliefs and practices. In relation to the relatively small numbers of persons with albinism, usually in the single digits of thousands to tens of thousands per country, this number of cases is highly concerning. Moreover, these are reported cases alone. Civil society activists on the issue believe far more cases go unreported owing to family collusion and the secrecy surrounding witchcraft practices.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Families
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 54
- Paragraph text
- The Human Development Index, which is a strong indicator of poverty and correlating factors, showed in 2014 that of the 26 countries where attacks have been reported, 20 were listed as countries with a low human development coefficient; the other six affected countries were listed in the medium human development category. That said, it is noteworthy that, overall, the affected countries had a level of income inequality that ranged from relative equality to relative inequality, with a GINI coefficient range of 30.8 to 63.9, the average for all 26 countries being 44.3.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 32
- Paragraph text
- In the Pacific Islands, it has been reported that people with albinism suffer comparable human rights-related issues with regard to lack of access to information and support for health conditions, vision problems and cultural isolation. There is little verified information on the human rights situation of persons with albinism in Asia, South America and the Caribbean. The Human Rights Council Advisory Committee stressed that the absence of information on albinism in other regions should not be interpreted to mean that there is no problem of discrimination, stigmatization and violence in those regions. Lack of sufficient knowledge remains a significant barrier to tackling discrimination, stigmatization and violence.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 33
- Paragraph text
- Discrimination, stigma and bullying of persons with albinism owing to their appearance have been reported in all regions of the world, to varying degrees. Such discrimination has been described as discrimination based on skin tone or shade, including within the same ethnic group. While discrimination based on skin colour is an everyday reality for most persons with albinism, discourse on discrimination based on colour has rarely been applied to albinism. This is for various reasons such as the lack of visibility of albinism, until very recently, the lack of understanding of what persons with albinism experience and lastly, but perhaps most significantly, strong historical ties of racial discrimination discourse to race or ethnicity. Yet, there is potential to address albinism under the International Convention on the Elimination of All Forms of Racial Discrimination, as the governing concept is not "race" but "racial discrimination", which may be based on any of five "grounds": race, colour, descent, national origin and ethnic origin.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 15
- Paragraph text
- As an initial step, the mandate holder will outline, in broad strokes, some of the obstacles with which persons with albinism are confronted. The obstacles identified constitute the main areas of concern and priorities of the mandate holder and include human rights violations such as attacks, desecration of graves, trafficking of body parts, displacement, discrimination against persons with albinism, as well as human rights violations based on disabilities, challenges in the right to the highest attainable standard of health and the right to education. The Independent Expert would also like to draw attention to the particularly concerning situation of women and children with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 83
- Paragraph text
- [The Independent Expert makes the following recommendations to States affected by attacks against persons with albinism:] [Health intervention] Improve access to health care for persons with albinism, with particular focus on affordable or free sun protection products and skin cancer treatment. Such a health programme ought to be accessible to persons in rural or remote areas at little or no cost to them. The training of community health nurses and the use of mobile clinics have been identified as best practices in this regard;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 85
- Paragraph text
- The Independent Expert also recommends that the international community continue to support States and civil society working on this issue, including through capacity-building, particularly in the area of investigative research and forensic science. Another key area needing support is the implementation of protective measures, including those already identified by a multiplicity of stakeholders, including persons with albinism from various countries of the African region, at the recently concluded Consultative Forum: Action on Albinism in Africa.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 12
- Paragraph text
- Albinism is a rare, non-contagious, genetically inherited condition that affects people worldwide regardless of ethnicity or gender. It results from a significant deficit in the production of melanin and is characterized by the partial or complete absence of pigment in the skin, hair and eyes. In order for a person to be affected by albinism, both parents must carry the gene and, in that case, there is a 25 per cent chance that a child will be born with albinism at each pregnancy. The proportion of persons affected by albinism in the world differs from region to region. For example, in North America and Europe, it is estimated that 1 in 17,000 to 20,000 people are affected by the condition, while in sub-Saharan Africa, 1 in 5,000 to 15,000 could be affected, with specific countries having a much higher tendency, including estimated rates of 1 in 1,400, and about 1 in 20 persons in the general population carrying the gene for albinism. Other studies suggest that in specific groups in Panama or in the Pacific region, the rate of people affected could be as high as 1 in 70 to 1 in 125.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Families
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 80
- Paragraph text
- The Special Rapporteur on trafficking in persons, especially women and children, in her 2013 report to the General Assembly (A/68/256), stated that the difference between trafficking in organs and trafficking in persons for the removal of organs was largely semantic, given that organs were not moved or traded independently of their source, because the victim was moved or positioned in such a way as to make transplantation possible. However, the hypothesis regarding attacks against persons with albinism suggests a different context. Here the purpose is not the transplantation of a functional organ, but the collection of a body part for muti or juju. Although some cases of trafficking of persons with albinism have been reported, in the majority of the cases, the victims are attacked in their homes or while carrying out their ordinary activities, and their body parts hacked off their living or dead bodies at the place of the attack, or close by. In such cases, it cannot be considered that the victims are trafficked, yet their body parts are being harvested, transported and sold.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 42
- Paragraph text
- Despite these considerations, it appears that various countries with records of attacks do criminalize witchcraft, using a definition of the phenomena in their legislation. However, most of these laws were inherited from the colonial period and are often out of touch with present reality. They bear a limited understanding of witchcraft - its extent, scope, flexibility and evolution - and proffer a definition of the phenomena that is difficult to enforce.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2017
Paragraph