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Implementation of article 2 by States parties 2008, para. 21
- Paragraph text
- The protection of certain minority or marginalized individuals or populations especially at risk of torture is a part of the obligation to prevent torture or ill-treatment. States parties must ensure that, insofar as the obligations arising under the Convention are concerned, their laws are in practice applied to all persons, regardless of race, colour, ethnicity, age, religious belief or affiliation, political or other opinion, national or social origin, gender, sexual orientation, transgender identity, mental or other disability, health status, economic or indigenous status, reason for which the person is detained, including persons accused of political offences or terrorist acts, asylum-seekers, refugees or others under international protection, or any other status or adverse distinction. States parties should, therefore, ensure the protection of members of groups especially at risk of being tortured, by fully prosecuting and punishing all acts of violence and abuse against these individuals and ensuring implementation of other positive measures of prevention and protection, including but not limited to those outlined above.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- LGBTQI+
- Year
- 2008
Paragraph
Implementation of article 14 by States parties 2012, para. 39
- Paragraph text
- With regard to the obligations in article 14, States parties shall ensure both de jure and de facto access to timely and effective redress mechanisms for members of groups marginalized and/or made vulnerable, avoid measures that impede the ability of members of such groups to seek and obtain redress, and address formal or informal obstacles that they may face in obtaining redress. These may include, for example, inadequate judicial or other procedures for quantifying damages which may have a negative disparate impact on such individuals in accessing or keeping money. As the Committee has emphasized in its general comment No. 2, "gender is a key factor. Being female intersects with other identifying characteristics or status of the person…to determine the ways that women and girls are subject to or at risk of torture or ill-treatment". States parties shall ensure due attention to gender in providing all the elements cited above in the process of ensuring that everybody, in particular members of groups made vulnerable, including lesbian, gay, bisexual and transgender (LGBT) people, must be treated fairly and equally and obtain fair and adequate compensation, rehabilitation and other reparative measures which respond to their specific needs.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2012
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 41
- Paragraph text
- It is essential that States take all necessary measures to prevent and combat the illicit transfer and non-return of children as well as the worst forms of child labour, including all forms of slavery, commercial sexual exploitation, the use of children for illicit activities, including begging, and hazardous work, and protect them from violence and economic exploitation. The Committees recognize that children face gender-specific risks and vulnerabilities which should be identified and specifically addressed. In many contexts, girls may be even more vulnerable to trafficking, especially for purposes of sexual exploitation. Additional measures should be taken to address the particular vulnerability of girls and boys, including those who might have a disability, as well as children who are lesbian, gay, bisexual, transgender or intersex persons, to trafficking for the purposes of sexual exploitation and abuse.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- LGBTQI+
- Year
- 2017
Paragraph
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 32
- Paragraph text
- Other status as recognized in article 2, paragraph 2, includes sexual orientation. States parties should ensure that a person's sexual orientation is not a barrier to realizing Covenant rights, for example, in accessing survivor's pension rights. In addition, gender identity is recognized as among the prohibited grounds of discrimination; for example, persons who are transgender, transsexual or intersex often face serious human rights violations, such as harassment in schools or in the workplace
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2009
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 56
- Paragraph text
- The Committee underlines the importance of consultation in formulating, implementing, reviewing and monitoring laws and policies related to the right to just and favourable conditions of work, not only with traditional social partners such as workers and employers and their representative organizations, but also with other relevant organizations, such as those representing persons with disabilities, younger and older persons, women, workers in the informal economy, migrants and lesbian, gay, bisexual, transgender and intersex persons, as well as representatives of ethnic groups and indigenous communities.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- LGBTQI+
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
The right to sexual and reproductive health (Art. 12) 2016, para. 30
- Paragraph text
- Individuals belonging to particular groups may be disproportionately affected by intersectional discrimination in the context of sexual and reproductive health. As identified by the Committee, groups such as, but not limited to, poor women, persons with disabilities, migrants, indigenous or other ethnic minorities, adolescents, lesbian, gay, bisexual, transgender and intersex persons, and people living with HIV/AIDS are more likely to experience multiple discrimination. Trafficked and sexually exploited women, girls and boys are subject to violence, coercion and discrimination in their everyday lives, with their sexual and reproductive health at great risk. Also, women and girls living in conflict situations are disproportionately exposed to a high risk of violation of their rights, including through systematic rape, sexual slavery, forced pregnancy and forced sterilization. Measures to guarantee non-discrimination and substantive equality should be cognizant of and seek to overcome the often exacerbated impact that intersectional discrimination has on the realization of the right to sexual and reproductive health.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Boys
- Ethnic minorities
- Girls
- LGBTQI+
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
The right to sexual and reproductive health (Art. 12) 2016, para. 23
- Paragraph text
- Non-discrimination, in the context of the right to sexual and reproductive health, also encompasses the right of all persons, including lesbian, gay, bisexual, transgender and intersex persons, to be fully respected for their sexual orientation, gender identity and intersex status. Criminalization of sex between consenting adults of the same gender or the expression of one's gender identity is a clear violation of human rights. Likewise, regulations requiring that lesbian, gay, bisexual transgender and intersex persons be treated as mental or psychiatric patients, or requiring that they be "cured" by so-called "treatment", are a clear violation of their right to sexual and reproductive health. State parties also have an obligation to combat homophobia and transphobia, which lead to discrimination, including violation of the right 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
- LGBTQI+
- Year
- 2016
Paragraph
The right to sexual and reproductive health (Art. 12) 2016, para. 2
- Paragraph text
- Due to numerous legal, procedural, practical and social barriers, access to the full range of sexual and reproductive health facilities, services, goods and information is seriously restricted. In fact, the full enjoyment of the right to sexual and reproductive health remains a distant goal for millions of people, especially for women and girls, throughout the world. Certain individuals and population groups that experience multiple and intersecting forms of discrimination that exacerbate exclusion in both law and practice, such as lesbian, gay, bisexual, transgender and intersex persons and persons with disabilities, the full enjoyment of the right to sexual and reproductive health is further restricted.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
The right to sexual and reproductive health (Art. 12) 2016, para. 40
- Paragraph text
- The obligation to respect requires States to refrain from directly or indirectly interfering with the exercise by individuals of the right to sexual and reproductive health. States must not limit or deny anyone access to sexual and reproductive health, including through laws criminalizing sexual and reproductive health services and information, while confidentiality of health data should be maintained. States must reform laws that impede the exercise of the right to sexual and reproductive health. Examples include laws criminalizing abortion, non-disclosure of HIV status, exposure to and transmission of HIV, consensual sexual activities between adults, and transgender identity or expression.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2016
Paragraph
The right to sexual and reproductive health (Art. 12) 2016, para. 59
- Paragraph text
- Violations of the obligation to protect occur when a State fails to take effective steps to prevent third parties from undermining the enjoyment of the right to sexual and reproductive health. This includes the failure to prohibit and take measures to prevent all forms of violence and coercion committed by private individuals and entities, including domestic violence, rape (including marital rape), sexual assault, abuse and harassment, including during conflict, post-conflict and transition situations; violence targeting lesbian, gay, bisexual, transgender and intersex persons or women seeking abortion or post-abortion care; harmful practices such as female genital mutilation, child and forced marriage, forced sterilization, forced abortion and forced pregnancy; and medically unnecessary, irreversible and involuntary surgery and treatment performed on intersex infants or children.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Children
- LGBTQI+
- Women
- Year
- 2016
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 31
- Paragraph text
- All workers have the right to equal opportunity for promotion through fair, merit based and transparent processes that respect human rights. The applicable criteria of seniority and competence should also include an assessment of individual circumstances, as well as the different roles and experiences of men and women, in order to ensure equal opportunities for all. There should be no place for irrelevant criteria such as personal preference or family, political and social links. Similarly, workers must have the opportunity for promotion free from reprisals related to trade union or political activity. The reference to equal opportunity requires that hiring, promotion and termination not be discriminatory. This is highly relevant for women and other workers, such as workers with disabilities, workers from certain ethnic, national and other minorities, lesbian, gay, bisexual, transgender and intersex workers, older workers and indigenous workers.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
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
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 16
- Paragraph text
- Gender-related claims to asylum may intersect with other proscribed grounds of discrimination, including age, race, ethnicity/nationality, religion, health, class, caste, being lesbian, bisexual or transgender and other status. The Committee is concerned that many asylum systems continue to treat the claims of women through the lens of male experiences, which can result in their claims to refugee status not being properly assessed or being rejected. Even though gender is not specifically referenced in the definition of a refugee given in the 1951 Convention relating to the Status of Refugees, it can influence or dictate the type of persecution or harm suffered by women and the reasons for such treatment. The definition in the 1951 Convention, properly interpreted, covers gender-related claims to refugee status. It must be emphasized that asylum procedures that do not take into account the special situation or needs of women can impede a comprehensive determination of their claims. For example, asylum authorities may interview only the male "head of household", may not provide same-sex interviewers and interpreters to allow women to present their claims in a safe and gender-sensitive environment or may interview women asylum seekers in the presence of their husbands or male family members who may in fact be the source or sources of their complaints.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Person(s) affected
- LGBTQI+
- Persons on the move
- Women
- Year
- 2014
Paragraph
Women’s access to justice 2015, para. 8
- Paragraph text
- Discrimination against women, based on gender stereotypes, stigma, harmful and patriarchal cultural norms and gender-based violence, which affects women in particular, has an adverse impact on the ability of women to gain access to justice on an equal basis with men. In addition, discrimination against women is compounded by intersecting factors that affect some women to degrees or in ways that differ from those affecting men or other women. Grounds for intersecting or compounded discrimination may include ethnicity/race, indigenous or minority status, colour, socioeconomic status and/or caste, language, religion or belief, political opinion, national origin, marital and/or maternal status, age, urban/rural location, health status, disability, property ownership and identity as a lesbian, bisexual or transgender woman or intersex person. These intersecting factors make it more difficult for women from those groups to gain access to justice.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2015
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 29c (i)
- Paragraph text
- [The Committee recommends that States parties implement the following legislative measures:] Repeal, including in customary, religious and indigenous laws, all legal provisions that are discriminatory against women and thereby enshrine, encourage, facilitate, justify or tolerate any form of gender-based violence. In particular, repeal the following: Provisions that allow, tolerate or condone forms of gender-based violence against women, including child or forced marriage and other harmful practices, provisions allowing medical procedures to be performed on women with disabilities without their informed consent and provisions that criminalize abortion, being lesbian, bisexual or transgender, women in prostitution and adultery, or any other criminal provisions that affect women disproportionally, including those resulting in the discriminatory application of the death penalty to women;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Person(s) affected
- Children
- LGBTQI+
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 6
- Paragraph text
- The Committee has, in previous general recommendations, clarified that articles 1, 2 (f) and 5 (a) of the Convention read together indicate that the Convention covers sex- and gender-based discrimination against women. The Committee has explained that application of the Convention to gender-based discrimination falls under the definition of discrimination contained in article 1, which points out that any distinction, exclusion or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women of human rights and fundamental freedoms is discrimination. Discrimination against women based on sex and/or gender is often inextricably linked with and compounded by other factors that affect women, such as race, ethnicity, religion or belief, health, age, class, caste, being lesbian, bisexual or transgender and other status. Discrimination on the basis of sex or gender may affect women belonging to such groups to a different degree or in different ways to men. States parties must legally recognize such intersecting forms of discrimination and their compounded negative impact on the women concerned and prohibit them.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Persons on the move
- Women
- Year
- 2014
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 24
- Paragraph text
- Certain forms of relationships (namely, same-sex relationships) are not legally, socially or culturally accepted in a considerable number of States parties. However, where they are recognized, whether as a de facto union, registered partnership or marriage, the State party should ensure protection of the economic rights of the women in those relationships.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- LGBTQI+
- Women
- Year
- 2013
Paragraph
Women’s access to justice 2015, para. 49
- Paragraph text
- Women are also disproportionately criminalized owing to their situation or status, such as being involved in prostitution, being a migrant, having been accused of adultery, identity as a lesbian, bisexual or transgender woman or intersex person, having undergone an abortion or belonging to other groups that face discrimination.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2015
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 72g
- Paragraph text
- [Elements to be mainstreamed into national coordinating frameworks. The following elements need to be mainstreamed across the measures (legislative, administrative, social and educational) and stages of intervention (from prevention through to recovery and reintegration):] Children in potentially vulnerable situations. Groups of children which are likely to be exposed to violence include, but are not limited to, children: not living with their biological parents, but in various forms of alternative care; not registered at birth; in street situations; in actual or perceived conflict with the law; with physical disabilities, sensory disabilities, learning disabilities, psychosocial disabilities and congenital, acquired and/or chronic illnesses or serious behavioural problems; who are indigenous and from other ethnic minorities; from minority religious or linguistic groups; who are lesbian, gay, transgender or transsexual; at risk of harmful traditional practices; in early marriage (especially girls, and especially but not exclusively forced marriage); in hazardous child labour, including the worst forms; who are on the move as migrants or refugees, or who are displaced and/or trafficked; who have already experienced violence; who experience and witness violence in the home and in communities; in low socio-economic urban environments, where guns, weapons, drugs and alcohol may be easily available; living in accident- or disaster-prone areas or in toxic environments; affected by HIV/AIDS or who are themselves HIV infected; who are malnourished; looked after by other children; who are themselves carers and heads of households; born to parents who are themselves still under 18; who are unwanted, born prematurely or part of a multiple birth; hospitalized with inadequate supervision or contact with caregivers; or exposed to ICTs without adequate safeguards, supervision or empowerment to protect themselves. Children in emergencies are extremely vulnerable to violence when, as a consequence of social and armed conflicts, natural disasters and other complex and chronic emergencies, social systems collapse, children become separated from their caregivers and caregiving and safe environments are damaged or even destroyed;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Girls
- LGBTQI+
- Year
- 2011
Paragraph
The implementation of the rights of the child during adolescence 2016, para. 33
- Paragraph text
- Adolescents who are lesbian, gay, bisexual, transgender and intersex commonly face persecution, including abuse and violence, stigmatization, discrimination, bullying, exclusion from education and training, as well as a lack of family and social support, or access to sexual and reproductive health services and information. In extreme cases, they face sexual assault, rape and even death. These experiences have been linked to low self-esteem, higher rates of depression, suicide and homelessness.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- Adolescents
- Children
- LGBTQI+
- Year
- 2016
Paragraph
The implementation of the rights of the child during adolescence 2016, para. 34
- Paragraph text
- The Committee emphasizes the rights of all adolescents to freedom of expression and respect for their physical and psychological integrity, gender identity and emerging autonomy. It condemns the imposition of so-called "treatments" to try to change sexual orientation and forced surgeries or treatments on intersex adolescents. It urges States to eliminate such practices, repeal all laws criminalizing or otherwise discriminating against individuals on the basis of their sexual orientation, gender identity or intersex status and adopt laws prohibiting discrimination on those grounds. States should also take effective action to protect all lesbian, gay, bisexual, transgender and intersex adolescents from all forms of violence, discrimination or bullying by raising public awareness and implementing safety and support measures.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Adolescents
- Children
- LGBTQI+
- Year
- 2016
Paragraph
The implementation of the rights of the child during adolescence 2016, para. 70
- Paragraph text
- The Committee notes with concern the numbers of adolescents in marginalized situations who are not given the opportunity to make the transition to secondary education, such as adolescents living in poverty; lesbian, gay, bisexual, transgender and intersex adolescents; adolescents belonging to minorities; adolescents with psychosocial, sensory or physical disabilities; adolescents who are migrating; adolescents in situations of armed conflict or natural disasters; and adolescents in street situations or working. Proactive measures are necessary to end discrimination of marginalized groups in gaining access to education, including by establishing cash transfer programmes, respecting minority and indigenous cultures and children from all religious communities, promoting inclusive education for children with disabilities, combating bullying and discriminatory attitudes within the education system and providing education in refugee camps.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Adolescents
- Children
- LGBTQI+
- Year
- 2016
Paragraph
The implementation of the rights of the child during adolescence 2016, para. 60
- Paragraph text
- There should be no barriers to commodities, information and counselling on sexual and reproductive health and rights, such as requirements for third-party consent or authorization. In addition, particular efforts need to be made to overcome barriers of stigma and fear experienced by, for example, adolescent girls, girls with disabilities and lesbian, gay, bisexual, transgender and intersex adolescents, in gaining access to such services. The Committee urges States to decriminalize abortion to ensure that girls have access to safe abortion and post-abortion services, review legislation with a view to guaranteeing the best interests of pregnant adolescents and ensure that their views are always heard and respected in abortion-related decisions.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Children
- Girls
- LGBTQI+
- Year
- 2016
Paragraph
The implementation of the rights of the child during adolescence 2016, para. 62
- Paragraph text
- Adolescents are the only age group in which death due to AIDS is increasing. Adolescents may face challenges in gaining access to antiretroviral treatment and remaining in treatment; the need to gain the consent of guardians in order to access HIV-related services, disclosure and stigma are some barriers. Adolescent girls are disproportionately affected, representing two thirds of new infections. Lesbian, gay, bisexual and transgender adolescents, adolescents who exchange sex for money, goods or favours and adolescents who inject drugs are also at a higher risk of HIV infection.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Girls
- LGBTQI+
- Year
- 2016
Paragraph
Children in street situations 2017, para. 8
- Paragraph text
- Causes, prevalence and experiences of children in street situations differ within and between States. Inequalities based on economic status, race and gender are among the structural causes of the emergence and exclusion of children in street situations. These are exacerbated by material poverty, inadequate social protection, poorly targeted investment, corruption and fiscal (tax and expenditure) policies that reduce or eliminate the ability of poorer people to move out of poverty. Abrupt destabilization, caused by conflict, famine, epidemic, natural disaster or forced eviction, or events leading to displacement or forced migration, further compound the effects of structural causes. Other causes include: violence, abuse, exploitation and neglect at home or in care or educational (including religious) institutions; the death of caregivers; child relinquishment (including through HIV/AIDS); unemployment of caregivers; precarious families; family breakdown; polygamy; exclusion from education; substance abuse and mental ill-health (of children or families); intolerance and discrimination, including against children with disabilities, children accused of witchcraft, former child soldiers rejected by families and children cast out from families as a result of questioning their sexuality or identifying as lesbian, gay, bisexual, transgender, intersex or asexual; and families’ inability to accept children’s resistance to harmful practices, such as child marriage and female genital mutilation.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Movement
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- LGBTQI+
- Year
- 2017
Paragraph
The implementation of the rights of the child during adolescence 2016, para. 48
- Paragraph text
- The digital environment can also expose adolescents to risks, such as online fraud, violence and hate speech, sexist speech against girls and lesbian, gay, bisexual, transgender and intersex adolescents, cyberbullying, grooming for sexual exploitation, trafficking and child pornography, over-sexualization and targeting by armed or extremist groups. This should not however restrict adolescents' access to the digital environment. Instead, their safety should be promoted through holistic strategies, including digital literacy with regard to online risks and strategies for keeping them safe, strengthened legislation and law enforcement mechanisms to tackle abuse online and fight impunity, and training parents and professionals who work with children. States are urged to ensure the active engagement of adolescents in the design and implementation of initiatives aimed at fostering online safety, including through peer mentoring. Investment is needed in the development of technological solutions on prevention and protection and the availability of assistance and support. States are encouraged to require businesses to undertake child-rights due diligence with a view to identifying, preventing and mitigating the impact of risks on children's rights when using digital media and information and communications technology.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Adolescents
- Children
- Girls
- LGBTQI+
- Year
- 2016
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 41
- Paragraph text
- It is essential that States take all necessary measures to prevent and combat the illicit transfer and non-return of children as well as the worst forms of child labour, including all forms of slavery, commercial sexual exploitation, the use of children for illicit activities, including begging, and hazardous work, and protect them from violence and economic exploitation. The Committees recognize that children face gender-specific risks and vulnerabilities which should be identified and specifically addressed. In many contexts, girls may be even more vulnerable to trafficking, especially for purposes of sexual exploitation. Additional measures should be taken to address the particular vulnerability of girls and boys, including those who might have a disability, as well as children who are lesbian, gay, bisexual, transgender or intersex persons, to trafficking for the purposes of sexual exploitation and abuse.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- LGBTQI+
- Year
- 2017
Paragraph
Article 9: Liberty and security of person 2014, para. 3
- Paragraph text
- Liberty of person concerns freedom from confinement of the body, not a general freedom of action. Security of person concerns freedom from injury to the body and the mind, or bodily and mental integrity, as further discussed in paragraph 9 below. Article 9 guarantees those rights to everyone. "Everyone" includes, among others, girls and boys, soldiers, persons with disabilities, lesbian, gay, bisexual and transgender persons, aliens, refugees and asylum seekers, stateless persons, migrant workers, persons convicted of crime, and persons who have engaged in terrorist activity.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Boys
- Girls
- LGBTQI+
- Persons on the move
- Year
- 2014
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. 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. 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. 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. 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
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. 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
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
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. 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
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. 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. 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. 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
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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