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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
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. 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. 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. 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
Women’s economic empowerment in the changing world of work 2017, para. 40 (f)
- Paragraph text
- Enact or strengthen and enforce laws and regulations that uphold the principle of equal pay for equal work or work of equal value in the public and private sectors as a critical measure to eliminate the gender pay gap, provide in this regard effective means of redress and access to justice in cases of non-compliance, and promote the implementation of equal pay policies through, for example, social dialogue, collective bargaining, job evaluations, awareness-raising campaigns, pay transparency and gender pay audits, as well as certification and review of pay practices and increased availability of data and analysis on the gender pay gap;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Economic Rights
- Gender
- Person(s) affected
- All
- N.A.
- 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
The right to mental health 2017, para. 72
- Paragraph text
- An environment that respects, protects and fulfils human rights and is free from all forms of violence, including gender-based violence, is fundamental for effective health promotion. Public health and psychosocial interventions are essential components of a rights-based mental health system, not a luxury. Relevant action must be based upon empowerment so as to enable individuals to increase control over and improve their health.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 2017, para. 19
- Paragraph text
- The obligation to protect sometimes necessitates direct regulation and intervention. States parties should consider measures such as restricting marketing and advertising of certain goods and services in order to protect public health, such as of tobacco products, in line with the Framework Convention on Tobacco Control, and of breast-milk substitutes, in accordance with the 1981 International Code of Marketing of Breast-milk Substitutes and subsequent resolutions of the World Health Assembly; combating gender role stereotyping and discrimination; exercising rent control in the private housing market as required for the protection of everyone’s right to adequate housing; establishing a minimum wage consistent with a living wage and a fair remuneration; regulating other business activities concerning the Covenant rights to education, employment and reproductive health, in order to combat gender discrimination effectively; and gradually eliminating informal or “non-standard” (i.e. precarious) forms of employment, which often result in denying the workers concerned the protection of labour laws and social security.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 83
- Paragraph text
- Robust and detailed constitutional gender equality protections based on international human rights standards are essential for a strong and enforceable domestic legal framework, and the active intervention of human rights organizations at the request of civil society can contribute to achieving the gender equality goal.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
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. 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
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 40
- Paragraph text
- Gender-based violence at work pervades employment in the formal and informal economy, and often intersects with other discrimination and exploitation, particularly based on race, ethnicity, country of origin and age. Gender-based violence at work includes physical abuse; attempted murder and murder; sexual violence; verbal abuse and threats; bullying; psychological abuse and intimidation; sexual harassment; economic and financial abuse; stalking; and more.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 63
- Paragraph text
- Accountability refers to the relationship of duty bearers towards rights holders, as the latter are affected by the decisions and actions of the former. It demands that individuals and groups have access to courts and other mechanisms and that remedies be provided. Accountability mechanisms also determine which aspects of a gender-sensitive policy or service are functioning well or need to be adjusted. Monitoring is essential to track progress and assess whether the State is meeting its goals and targets.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 2
- Paragraph text
- The importance of the right to just and favourable conditions of work has yet to be fully realized. Almost 50 years after the adoption of the Covenant, the level of wages in many parts of the world remains low and the gender pay gap is a persistent and global problem. ILO estimates that annually some 330 million people are victims of accidents at work and that there are 2 million work-related fatalities. Almost half of all countries still regulate weekly working hours above the 40-hour work week, with many establishing a 48 hour limit, and some countries have excessively high average working hours. In addition, workers in special economic, free trade and export processing zones are often denied the right to just and favourable conditions of work through non-enforcement of labour legislation.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Person(s) affected
- All
- Year
- 2016
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 65b
- Paragraph text
- [States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of the right to just and favourable conditions of work. Specifically, this requires States parties to:] Put in place a comprehensive system to combat gender discrimination at work, including with regard to remuneration;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2016
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 19
- Paragraph text
- The right to health encompasses the underlying determinants of health, including its social and psychosocial determinants. The Sustainable Development Goals address many of these underlying determinants, from specific right-to-health entitlements found in the targets of Goal 3, such as road safety, harmful alcohol and tobacco use and environmental pollution, as well as other Goals and targets, including on clean water and sanitation (Goal 6), education (Goal 4), food (Goal 2), decent work (Goal 8), reducing inequalities (Goal 10), gender equality (Goal 5), poverty reduction (Goal 1), climate change and access to energy (Goal 13), peace, justice and strong institutions (Goal 16) and violence (targets 5.2, 16.1 and 16.2).
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Gender
- Health
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 53
- Paragraph text
- Employment codes and standards that explicitly require the inclusion of facilities for menstrual hygiene management in the workplace are currently limited or do not exist. Such regulations must be developed, promoted and enforced and must serve to hold businesses and Governments to account. It is important that Governments determine these responsibilities within their administrative structures, so they can be held to account. In addition, private companies and employers have a responsibility to prioritize this issue and take action. Trade unions too have the potential to encourage good practices and support workers' rights in this area.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Health
- Person(s) affected
- All
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 68
- Paragraph text
- It is of crucial importance to monitor, in a rights- and gender-sensitive manner, progress towards achieving the Sustainable Development Goals, and to make sure that national and local mechanisms track compliance with and progress made to realize the rights to water and sanitation, including in terms of gender equality. Gender equality is central to the Goals (see Goal 5) and is reflected in several targets, including target 6.2. Gender equality in access to water, sanitation and hygiene will have a positive impact on other goals and targets, including those on ending poverty (Goal 1), on promoting decent work and economic growth (Goal 8), on reducing inequality (Goal 10) and on making cities and human settlements inclusive and sustainable (Goal 11). Since gender inequalities are so profound in water and sanitation and, at the same time, manifest themselves in all human rights and throughout the entire development agenda, a comprehensive approach would allow for using similar indicators and information collected through the monitoring of different human rights and development targets.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 53
- Paragraph text
- States' due diligence obligations to ensure redress remain intact when non-State actors perpetrate conflict-related sexual violence. Gender-sensitive practices must be employed when investigating violations during and after the armed conflict. Silence or lack of resistance cannot be used to imply consent, which furthermore cannot be inferred from the words or conduct of a victim who was subjected to force, threats, or a coercive environment (A/HRC/7/3). Comprehensive assistance and reparations programmes in these contexts often require years to be fully implemented.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 74
- Paragraph text
- A recent study underscored that gender-differentiated patterns are not the same everywhere and reinforced the importance of context for understanding the gender dimensions of access and experience. The quantity and quality of sex-disaggregated data at the micro level are considered to be better than those of data at the global level. It is therefore important that measuring progress in the rights to water and sanitation and gender equality is not based on global monitoring and on the use of quantitative data only. Context-specific studies and monitoring that capture the intersection of gender inequalities in the enjoyment of other human rights are key to understanding and developing improved policy responses.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 20
- Paragraph text
- The basic principles on the right to an effective remedy for victims of trafficking in persons add the supplementary angle of guarantees of non-repetition, which require that perpetrators be effectively sanctioned and that the root causes of trafficking, such as poverty, gender inequality and discrimination, be addressed effectively.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 6
- Paragraph text
- The Special Rapporteur recalls the need to apply the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in a gender-inclusive manner (A/55/290). Full integration of a gender perspective into any analysis of torture and ill-treatment is critical to ensuring that violations rooted in discriminatory social norms around gender and sexuality are fully recognized, addressed and remedied.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 4
- Paragraph text
- Gender-based violence infringes the right to life, personal safety and freedom of movement. Gender non-conforming people often feel that they need to sign away their freedom of expression since segregation by gender - including in public toilets, detention centres, relief camps and school - poses a risk of exclusion, humiliation and violence.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
The right to sexual and reproductive health (Art. 12) 2016, para. 58
- Paragraph text
- Laws and policies that indirectly perpetuate coercive medical practices, including incentive- or quota-based contraceptive policies and hormonal therapy, as well as surgery or sterilization requirements for legal recognition of one's gender identity, constitute additional violations of the obligation to respect. Further violations include state practices and policies that censor or withhold information, or present inaccurate, misrepresentative or discriminatory information, related to sexual and reproductive health.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- All
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 14
- Paragraph text
- Human trafficking is an increasingly common feature of modern conflict, whether non-international or international. Existing vulnerabilities to trafficking, from gender-based violence to discrimination to lack of economic opportunity, are exacerbated before, during and after conflict. Furthermore, conflict tends to fuel impunity, the breakdown of law and order and the destruction of institutions and communities, which foster the conditions within which trafficking will flourish, often past the point at which hostilities cease.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Extreme inequality and human rights 2015, para. 18
- Paragraph text
- Democracy and civil and political rights are closely linked to the equal division of economic and other factors that are crucial for well-being. Amartya Sen famously argued that democracy and the upholding of related civil and political rights, such as freedom of the press and the right to vote, are connected to the non-occurrence of famines. He suggested that "India's success in eradicating famine is not matched by a similar success in … relieving inequalities in gender relations". According to Mr. Sen, deprivations such as gender inequality "call for deeper analysis, and for a greater and more effective use of mass communication and political participation - in sum, for a fuller practice of democracy". The existence of a democracy and the right to participate in the political process do not guarantee equal opportunity and more equal outcomes. As other authors have argued, the correlative human rights obligations necessary to "constitute democracy and ensure that it functions properly" include more than just the right to vote: the State "may need to take positive steps to protect individuals against other individuals' interference with the right."
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Person(s) affected
- All
- Year
- 2015
Paragraph