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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
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. 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
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
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. 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
Access to rights-based support for persons with disabilities 2017, para. 72
- Paragraph text
- The United Nations, including all its programmes, funds and specialized agencies, should increase the awareness and expertise of its staff on the implementation of support systems to be able to cooperate more effectively with States, including through technical guidance, information and capacity-building.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- 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. 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
The right to adequate housing of persons with disabilities 2017, para. 45b
- Original document
- Paragraph text
- [The Committee on Economic, Social and Cultural Rights has identified some indicators of whether a State has satisfied a standard of reasonableness, including:] Whether resource allocation is in accordance with international human rights standards;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- 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
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
Modalities for the establishment of femicides/gender-related killings watch 2016, para. 70
- Paragraph text
- The Supreme Court of Colombia recently passed judgment on how femicide was a gender-related crime and why it should be prosecuted as harshly as possible. In its first-ever case of convicted femicide, it sentenced the perpetrator to 18 years in prison for the brutal murder of his wife on the grounds that the killing had been motivated by his wife's gender.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 34
- Paragraph text
- In Nepal, official data indicate that the Dalit population comprises approximately 3.6 million people, although civil society organizations estimate that number at 5 million. In Bangladesh and Pakistan, where most Dalits belong to the Hindu minority, the figures are also contested. In Bangladesh, unofficial data estimate the Dalit population to range between 3.5 and 5.5 million people. In Pakistan, the most recent official data, from 1998, estimate the Dalit population to be 330,000, but researchers calculate that the actual number could be at least two million.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 71
- Paragraph text
- Caste-based discrimination confines Dalits in South Asia to certain occupations associated with their caste, which often involve the most menial tasks, such as sanitation jobs. In Bangladesh, India, Nepal and Sri Lanka, street cleaning and the handling of human waste and animal carcasses are almost exclusively performed by Dalits.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Water & Sanitation
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 44
- Paragraph text
- Caste-affected groups have also been identified in other countries, such as Burkina Faso, Burundi, Cameroon, Côte d'Ivoire, the Gambia, Guinea, Guinea-Bissau, Liberia, Madagascar, Mali and Sierra Leone.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 118
- Paragraph text
- In 2002, Nepal established a National Dalit Commission tasked with a twofold objective: to increase the participation of Dalit communities "in the mainstream of national development" and to create a favourable environment for Dalit communities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Year
- 2016
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 84
- Paragraph text
- Intersex refers mainly to physical aspects of the body and includes a wide range of natural body variations that do not conform to prevailing notions of male and female bodies. Deeply rooted stereotypes around gender dichotomy and medical norms about male and female bodies have led to the establishment of a medical practice of routine interventions and surgeries on intersex people, including irreversible genital surgery and sterilization. These interventions are not always necessary on medical grounds and are often not performed with the informed consent of the persons concerned. Moreover, medical classifications currently codify intersex characteristics as pathologies or disorders.
- 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
- Year
- 2015
Paragraph
The World Bank and human rights 2015, para. 23
- Paragraph text
- There are, however, some Bank studies which enter into detail on the issue of human rights, such as those in its annual flagship publication, the World Development Report dealing with issues such as equity, gender equality, conflict resolution, HIV/AIDS and disability. In 2006 the World Development Report urged that equity should be a central concern in the design and implementation of development policy. It noted that the "international human rights regime testifies to the shared belief that all should have equal rights and be spared extreme deprivation," and acknowledged various other links between human rights and equity. In 2011, the World Development Report focused on conflict, security and development. The message of the report was that strengthening legitimate institutions and governance to provide security, justice and jobs for citizens is crucial to breaking cycles of violence in fragile countries. Building confidence is a major challenge and one that requires the protection of human rights. Detailed suggestions are explored for achieving that goal.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 31
- Paragraph text
- The Special Rapporteur concurs with his predecessors that a comprehensive right-to-health approach is necessary, which includes decriminalization of sexual orientation and gender identities, certain behaviours and health status, as well as the establishment of conducive legal and administrative frameworks with emphasis on human rights education, meaningful participation and empowerment of the groups targeted, and serious efforts to reduce stigma and discrimination in society as a whole.
- 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
- Year
- 2015
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 19e
- Paragraph text
- [The Special Rapporteur will be guided by the following overarching considerations in all aspects of her work:] Accessibility. In the work of the Special Rapporteur, accessibility will be relevant mainly in two interdependent ways. First, there is an aim to ensure full accessibility of events, meetings and documentation in the official duties of the mandate holder. Second, accessibility will be seen as a cross-cutting issue in the substantive work of the Special Rapporteur, ensuring that it is fully present in national legislative frameworks, and in policy and programming, as well as a priority area of United Nations agencies, funds and programmes and other close partners.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2015
Paragraph
The human rights situation of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism 2015, para. 41
- Paragraph text
- The Special Rapporteur notes that, due to the scant or total lack of information received from countries outside Europe, it was difficult for her to provide a balanced assessment of initiatives regarding Roma programmes across the regions. Nevertheless, she attempts to highlight some key examples using the pillar framework.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2015
Paragraph
The human rights situation of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism 2015, para. 104
- Paragraph text
- Governments, the United Nations and its specialized agencies, and other international and regional organizations should mainstream Roma rights into all aspects of their programming and make efforts to include Roma within their staff.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2015
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 76
- Paragraph text
- NGOs working on sexual orientation and gender identity issues in particular have faced difficulties in obtaining consultative status. Since 2011, only four such organizations have been recommended by the Committee. Nine other organizations were accredited because the Economic and Social Council quashed negative recommendations by the Committee.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 87
- Paragraph text
- People of African descent should therefore be consulted in the construction of new monuments and the development of memorial sites. Gender balance and diversity should be taken into consideration in the construction of new monuments and memorial sites.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2014
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 52
- Paragraph text
- In India, the Chairperson and members of the national institution are appointed by the President on the recommendations of a Committee formed by the Prime Minister as a Chair and members of the ruling party as well as the opposition parties. It is reported that consultations are carried out by the members of the Committee in order to ensure consensus in the nominations. After her visit to India, the Special Rapporteur recommended that the functioning of the national commission be strengthened by, inter alia, broadening the selection criteria for the appointment of the Chair and diversifying the composition of the Commission, including regarding gender.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2013
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 79
- Paragraph text
- The mandate has noted that "members of sexual minorities are disproportionately subjected to torture and other forms of ill-treatment because they fail to conform to socially constructed gender expectations. Indeed, discrimination on grounds of sexual orientation or gender identity may often contribute to the process of the dehumanization of the victim, which is often a necessary condition for torture and ill-treatment to take place." "Medically worthless" practices of subjecting men suspected of homosexual conduct to non-consensual anal examinations to "prove" their homosexuality have been condemned by the Committee against Torture, the Special Rapporteur on the question of torture and the Working Group on Arbitrary Detention, which have held that the practice contravenes the prohibition of torture and ill-treatment (A/HRC/19/41, para. 37).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2013
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 79
- Paragraph text
- People of African descent should therefore be consulted in the construction of new monuments and the development of memorial sites. Gender balance and diversity should be taken into consideration in the construction of new monuments and memorial sites.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2013
Paragraph
Unpaid care work and women's human rights 2013, para. 9
- Paragraph text
- The difficulties, intensity and gendered distribution of unpaid care work create and perpetuate unequal rights enjoyment and gender inequality, and cause human rights violations. States therefore have concrete obligations in this regard. Various international human rights treaties, including the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities establish legally binding obligations that ought to compel States to address the issue of unpaid care.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Year
- 2013
Paragraph
Unpaid care work and women's human rights 2013, para. 74
- Paragraph text
- A wide range of laws and legislation are relevant to addressing unpaid care work. These include employment law, anti-discrimination law, family law, and legislation focused specifically on carer's rights. States must go beyond gender-neutral responses and ensure that laws and policies in all these areas actively alleviate the disadvantages that unpaid caregivers experience. To this end, States should develop mechanisms to ensure that laws and policies do not have unintended adverse effects on unpaid caregivers and do not enforce or perpetuate gender stereotypes.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2013
Paragraph