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Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 38
- Paragraph text
- States parties should interpret the definition of a refugee in the 1951 Convention relating to the Status of Refugees in line with obligations of non-discrimination and equality; fully integrate a gender-sensitive approach while interpreting all legally recognized grounds; classify gender-related claims under the ground of membership of a particular social group, where necessary; and consider adding sex and/or gender, as well as the reason of being lesbian, bisexual or transgender, and other status to the list of grounds for refugee status in their national asylum legislation.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- LGBTQI+
- Persons on the move
- Women
- Year
- 2014
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
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. 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. 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. 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. 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. 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
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
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. 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
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 87
- Paragraph text
- Homelessness disproportionately affects particular groups, including women, young people, children, indigenous peoples, people with disabilities, migrants and refugees, the working poor, and lesbian, gay, bisexual and transgender people, each in different ways, but with common structural causes. These include: (a) the retreat by all levels of government from social protection and social housing and the privatization of services, infrastructure, housing and public space; (b) the abandonment of the social function of land and housing; (c) the failure to address growing inequalities in income, wealth and access to land and property; (d) the adoption of fiscal and development policies that support deregulation and real estate speculation and prevent the development of affordable housing options; and (e), in the face of urbanization, the marginalization and mistreatment of those who are most precariously housed in informal settlements, living in temporary overcrowded structures, without access to water, sanitation or other basic services and living under the constant threat of eviction.
- 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
- Poverty
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Children
- Ethnic minorities
- LGBTQI+
- Women
- Youth
- Year
- 2016
Paragraph
The human rights situation of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism 2015, para. 98
- Paragraph text
- The Special Rapporteur thus urges all relevant stakeholders to think outside the "poverty paradigm" and incorporate all aspects of minority rights into strategies that address Roma disadvantage, including the protection and promotion of Roma identity, language and culture and the guarantee of dignity and equality. Such programmes should guarantee that the specific needs of Roma women, as well as Roma with disabilities, lesbian, gay, bisexual, transgender and intersex persons, young people and older persons are heard and addressed.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- LGBTQI+
- Persons with disabilities
- Women
- Youth
- Year
- 2015
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 101g
- Paragraph text
- [The Special Rapporteur recommends that States:] Review legislation and adopt policies to ensure that all persons, including women, lesbian, gay, bisexual, transgender and intersex people, people living with disabilities, children, the elderly and other populations that are underserved or face discrimination, are able to participate in and safely enjoy sports;
- 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
- Health
- Person(s) affected
- Children
- LGBTQI+
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 101i
- Paragraph text
- [The Special Rapporteur recommends that States:] Protect the physical integrity and dignity of all athletes, including intersex and transgender women athletes, and immediately remove any laws, policies and programmes that restrict their participation or otherwise discriminate or require them to undergo intrusive, unnecessary medical examinations, testing and/or procedures in order to participate in sport;
- 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
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 102b
- Paragraph text
- [The Special Rapporteur recommends that national human rights institutions, non-State actors and sporting bodies:] Reach consensus on policies allowing for unhindered participation in high-level competitive and amateur sport by transgender and intersex people (international sporting bodies);
- 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
- LGBTQI+
- Year
- 2016
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 102c
- Paragraph text
- [The Special Rapporteur recommends that national human rights institutions, non-State actors and sporting bodies:] Remove any policies that require women athletes, including intersex and transgender women athletes, to undergo unnecessary medical procedures in order to participate in competitive sport (international sporting bodies);
- 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
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Right to health of adolescents 2016, para. 113e
- Paragraph text
- [In connection to sexual and reproductive health rights, the Special Rapporteur recommends that Governments:] Repeal laws criminalizing or otherwise discriminating against individuals on the basis of their sexual orientation or gender identity, and put an end to practices and treatments aimed at changing sexual orientation and gender identity.
- 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
- LGBTQI+
- Year
- 2016
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 76a
- Paragraph text
- [The Special Rapporteur calls upon States:] To take immediate steps to decriminalize consensual same-sex conduct and to repeal discriminatory laws relating to sexual orientation and gender identity, as well as to implement appropriate awareness-raising interventions on the rights of affected individuals;
- 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
- LGBTQI+
- Year
- 2010
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 93a
- Paragraph text
- [The Special Rapporteur recommends that States adopt the following measures:] Do more to disseminate the work of defenders and to support their work through campaigns and specific communication and information activities that pay tribute, in particular, to the contributions made by certain categories of defender, such as women; defenders of the rights of lesbian, homosexual, bisexual, transgender and intersex persons; defenders working in the area of corporate social responsibility and land-related rights; defenders of the rights of minorities and indigenous peoples; and defenders who combat impunity and corruption;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Activists
- Ethnic minorities
- LGBTQI+
- Women
- Year
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 124f
- Paragraph text
- [Member States should:] Pay particular attention to the most exposed groups: those who work for economic, social and cultural rights or minority rights; environmental defenders; defenders of lesbian, gay, bisexual, transgender and intersex rights; women defenders and those who work for women's rights; defenders who work in the area of business and human rights; those who work in an area exposed to internal conflict or a natural disaster; defenders living in isolated regions; and defenders working on past abuses, such as the families of victims of enforced disappearance;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2015
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 120g
- Paragraph text
- [To national human rights institutions:] Should establish a focal point or an entity dedicated to human rights defenders with specific attention to groups of defenders at particular risk such as women defenders and those working for women's rights and gender issues; those working on the rights of lesbian, gay, bisexual and transgender (LGBT) communities; defenders working on environmental and land issues; journalists; and lawyers. This entity must be adequately resourced in order to respond promptly to reported violations and to offer necessary protection;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2013
Paragraph
On the Declaration on human rights defenders 2011, para. 111b (i)
- Paragraph text
- [States are encouraged to take the following measures to address the protection needs of the following groups of defenders:] Defenders working on lesbian, gay, bisexual and transgender rights: Hold accountable authorities taking unlawful decisions banning demonstrations;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 111b (ii)
- Paragraph text
- [States are encouraged to take the following measures to address the protection needs of the following groups of defenders:] Defenders working on lesbian, gay, bisexual and transgender rights: Ensure the protection of participants in gay pride parades before, during and after marches from violence by counter-protestors;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 111b (iii)
- Paragraph text
- [States are encouraged to take the following measures to address the protection needs of the following groups of defenders:] Defenders working on lesbian, gay, bisexual and transgender rights: Train law enforcement officials on appropriate conduct, particularly in relation to the implementation of the non-discrimination principle and respect for diversity;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2011
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70f
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Provide for non-custodial means of protection, such as shelters and other community-based alternatives, and guarantee that the placement of women in detention centres for protection - only where necessary and expressly requested by the woman in question - will be temporary, subject to supervision and competent authorities and never continued against their will;
- 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
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70d
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Review laws, criminal procedures and judicial practices to ensure that they take full account of women's backgrounds, including histories of prior abuse, mental health problems and substance abuse, and parental and other caretaker responsibilities in the allocation of sentences and sentence planning;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 69
- Paragraph text
- States must repeal all laws that support the discriminatory and patriarchal oppression of women, inter alia laws that exclude marital rape from the crime of rape or grant pardon to rapists who marry their victims and laws that criminalize adultery. In addition, States must decriminalize same-sex relationships between consenting adults and repeal all laws that criminalize persons on the basis of their actual or perceived sexual orientation or gender identity or expression. Comprehensive, coordinated policies and programmes to combat gender-based discrimination and violence, inclusive of gender-sensitive trainings of public officials and the implementation of public education and awareness campaigns, must be developed and implemented at all levels.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70o
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] When the detention of children with their mothers in prison is unavoidable,implement effective safeguards, including regular monitoring and review of every case to ensure that the children are never treated like prisoners; ensure that the full range of the children's needs, whether medical, physical, psychological or educational, including living conditions that are adequate for a child's development, are guaranteed in practice;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph