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Women human rights defenders and those working on women’s rights or gender issues 2011, para. 58
- Paragraph text
- The human rights activities carried out by those subjected to threats and death threats in the Americas region ranged very widely. Among the groups which appear to be most at risk are women defenders working to fight impunity for alleged human rights violations, particularly in Brazil, Colombia, Guatemala, Mexico, and Peru. Moreover, those working on indigenous rights also appear to be at risk, particularly in Brazil, Chile, Colombia, Ecuador, Guatemala, and Honduras; trade unionists, particularly in Colombia and Guatemala; and women's rights and/or LGBT defenders in the region.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Ethnic minorities
- LGBTQI+
- Women
- Year
- 2011
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 42
- Paragraph text
- The 28 communications sent regarding defenders working on women's rights or gender issues in Europe and Central Asia predominantly concerned LGBT activists in East and Central European countries including Poland, Moldova, Serbia, and the Russian Federation, as well as women's rights activists operating in Uzbekistan and Belarus. Alleged violations against LGBT activists in this region generally related to freedom of assembly or association, such as denial of permits for peaceful rallies or refusal to register an organization. Other reported violations against women's rights defenders were again largely judicial by nature, including arrests, detentions, judicial harassment, and conviction.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2011
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 35
- Paragraph text
- The Special Rapporteur emphasizes that the Human Rights Committee has found adult consensual sexual activity in private to be part of a person's privacy, which is protected under article 17 of the International Covenant on Civil and Political Rights (CCPR/C/50/D/488/1992, para. 8.2). Laws criminalizing consensual homosexual acts conducted in private violate a person's rights to privacy and to freedom from discrimination on the basis of sexual orientation and gender identity, in breach of applicable international human rights law (A/HRC/19/41, para. 41). Defenders working on these issues are advocating human rights standards that are internationally recognized. States should therefore ensure that defenders working to promote lesbian, gay, bisexual and transgender rights can do so in a conducive and open environment without fear of persecution. Given that it is the right of human rights defenders to develop and discuss new human rights ideas and principles and to advocate their acceptance under article 7 of the Declaration on Human Rights Defenders, it is the responsibility of the State to ensure that its legislation relating to public morals caters to this right and does not compromise the rights of defenders to freedom of expression, freedom of association and freedom of peaceful assembly.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2012
Paragraph
The World Bank and human rights 2015, para. 44
- Paragraph text
- The President sought to make the case that serious institutional discrimination had economic costs that the Bank could legitimately take into account, but the same argument applies to equally problematic forms of discrimination against different groups in a large number of countries in which the Bank continues to operate, and in response to which no action has been taken. No convincing justification was put forward by the Bank as to why Uganda alone was singled out among the various countries that have laws that criminalize homosexuality. No explanation was given as to why discrimination against lesbian, gay, bisexual, transgender and intersex communities was the trigger for action, rather than often deeply entrenched official discrimination against various other groups. Nor was the action based on any policy document that had previously been elaborated. And finally, if the Bank itself had been directly implicated in the issue at hand, urgent remedial action would have been much more readily defensible, but it was not.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2015
Paragraph
The right of the child to freedom of expression 2014, para. 53
- Paragraph text
- Most disturbingly, child protection arguments are being used to block access to information on, for example, lesbian, gay, bisexual and transgender issues and thereby legitimize discrimination against sexual minorities. In the Russian Federation, amendments to the administrative code and law protecting children from harmful information entered into force in July 2013, outlawing "propaganda of non-traditional sexual relations" among children. The Special Rapporteur on the rights to freedom of peaceful assembly and of association publicly expressed concern about that law in a joint statement with other mandate holders. The child protection rationale for the Russian anti-homosexuality law has also been rejected by the European Court of Human Rights in its 2011 case Alekseyev v. Russia. Despite the criticism, other countries have followed suit. In Ukraine, in 2013, it was recommended that a draft law prohibiting "propaganda of homosexual relations" aimed at children be considered by the parliament. In the draft law "propaganda" is defined as any public action aimed at spreading information about same-sex relations. In June 2014, the human rights committee of the parliament of Kyrgyzstan approved a bill criminalizing the dissemination of information "aimed at forming positive attitudes towards non-traditional sexual relations".
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- LGBTQI+
- Year
- 2014
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 24
- Paragraph text
- Article 71 of the Charter of the United Nations, for example, is implemented primarily via the United Nations Committee on Non-Governmental Organizations, which recommends Economic and Social Council status for NGOs wishing to participate in the Council. Status is required of NGOs to attend and participate in many United Nations meetings, and to make statements before the Human Rights Council. The Special Rapporteur received numerous complaints that the process of obtaining Council status is long, complex, costly, beyond the capability of many small civil society organizations and impossible to obtain for informal organizations and grass-roots networks, in particular those which do not have access to the Internet. This has resulted in a perceived underrepresentation of smaller organizations, such as lesbian, gay, bisexual and transgender groups and civic organizations from the Global South. In addition to these practical barriers, NGO applicants also face political ones. The Special Rapporteur reviews both in section IV below.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2014
Paragraph
Situation of human rights in Belarus (2018), para. 09
- Original document
- Paragraph text
- 5. Welcomes the adoption by the Government of Belarus on 24 October 2016 of an inter-agency plan on human rights for the period 2016–2019 for the implementation of the recommendations accepted by the Government during the second cycle of the universal periodic review of Belarus and the recommendations by some treaty bodies, encourages the Government to review and amend the plan by including recommendations by human rights mechanisms and by taking into account suggestions made by civil society organizations, also welcomes the submission of the fifth report by the Government on the implementation of the International Covenant on Civil and Political Rights, in March 2017, and further welcomes the registration of the Tell the Truth movement as a non-governmental organization in May 2017 and the MAKEOUT lesbian, gay, bisexual and transgender project in March 2018, and the steps taken towards a public debate on the application of capital punishment;
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 16
- Paragraph text
- Conversely, an article proposed for inclusion in the penal code of Rwanda that would have carried penalties ranging from 5 to 10 years' imprisonment for any person who "practices, encourages or sensitizes people of the same sex, to sexual relation or any sexual practice" was recently rejected. The Minister of Justice of Rwanda, Tharcisse Karugarama, stated that "… sexual orientation is a private matter and each individual has his or her own orientation - this is not a State matter at all".
- 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
- Governance & Rule of Law
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2010
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 15
- Paragraph text
- Despite these recent developments in decriminalization, bringing many States into conformity with international human rights obligations, a significant number of countries maintain criminal penalties for consensual same-sex conduct. Some States have taken steps to broaden the application of existing laws, or to impose harsher penalties for same-sex conduct. Section 365A of the penal code of Sri Lanka formerly prohibited male homosexual acts, but was subsequently amended to be "gender-neutral", resulting in the criminalization of female same-sex conduct. The Parliament of Uganda introduced a bill in October 2009 that would allow for the death penalty as punishment for the violation of certain provisions of the anti-sodomy statute. Uganda, praised by HIV/AIDS activists for its treatment programme and policies, will put its campaign to eliminate HIV in great danger should this bill pass.
- 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
- Governance & Rule of Law
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2010
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 12
- Paragraph text
- A number of States now prohibit discrimination on the basis of sexual orientation, following judicial decisions or the introduction of legislation concerning this issue. In the landmark 1998 case National Coalition for Gay and Lesbian Equality and another v. Minister of Justice and others, the South African Constitutional Court struck down three separate sodomy laws, noting the right of all people to dignity and equality in concluding that discrimination based on sexual orientation was prohibited under the South African Constitution. The Supreme Court of the United States declared Texan sodomy laws unconstitutional in the case of Lawrence v. Texas, on the basis that it infringed on the liberty protected under the Fourteenth Amendment to the Constitution through the criminalization of intimate, consensual sexual conduct.
- 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
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2010
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 11
- Paragraph text
- The European Court of Human Rights has held that discrimination based on sexual orientation or gender identity is in violation of human rights. In 1981, in Dudgeon v. United Kingdom, the European Court of Human Rights determined that the criminalization of private homosexual acts constituted an unjustified interference with the right to privacy enshrined within article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The United Nations Human Rights Committee in Toonen v. Australia subsequently ruled that "sex" discrimination includes discrimination based upon sexual orientation, noting that criminalization was not a reasonable measure to prevent spread of HIV/AIDS. In S.L. v. Austria, the European Court of Human Rights also held that differences in the treatment of heterosexual and homosexual populations based on age of consent had no objective and reasonable justification, and was therefore discriminatory.
- 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
- Governance & Rule of Law
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2010
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 67
- Paragraph text
- Ensuring non-discrimination and special protection for vulnerable groups and individuals is a critical component of the obligation to prevent torture and other ill treatment. The Special Rapporteur recognizes that while all people deprived of their liberty are vulnerable to neglect, abuse and mistreatment, for certain marginalized groups that vulnerability is heightened. These groups include, in addition to those identified in Rule 6 (see para. 28 above), particular categories of detainees or prisoners (e.g. sex workers, drug users, lesbian, gay, bisexual, transgender and intersex persons, prisoners who have tuberculosis or terminal illnesses and people living with HIV/AIDS) (see A/HRC/13/39/Add.5, paras. 231 and 257).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2013
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
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
Global trends in risks and threats facing human rights defenders 2015, para. 66
- Paragraph text
- The lack of any protection under the law or in practice exacerbates the vulnerability of defenders of the rights of lesbian, gay, bisexual, transgender and intersex persons. Neither the security forces nor judges are trained in regard to respect for the rights of these persons, which leads to major deficiencies in the registering of complaints, prosecuting those responsible for human rights violations and bring them to justice. The defenders also mentioned the lack of resources to enable them to seek legal assistance in cases of discrimination and aggression against them.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2015
Paragraph
Gender-related killings of women 2012, para. 93
- Paragraph text
- The Committee against Torture has stated that the definition of torture includes the principle of non-discrimination on any grounds, including gender, sexual orientation and transgender identity. Thus, States are obliged to protect certain minority or marginalized individuals or populations especially at risk of torture, and should ensure such protection by fully prosecuting and punishing all acts of violence and abuse and ensuring implementation of other positive measures of prevention and protection. The Human Rights Council, in its resolution 17/19, requested the United Nations High Commissioner for Human Rights to present a study documenting discriminatory laws and practices and acts of violence against individuals based on sexual orientation and gender identity.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- LGBTQI+
- Year
- 2012
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70y
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Ensure that all places of detention are subjected to effective oversight and inspection and unannounced visits by independent bodies established in conformity with the Optional Protocol to the Convention against Torture, as well as by civil society monitors; and ensure the inclusion of women and lesbian, gay, bisexual and transgender persons and other minority representation on monitoring bodies;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70x
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Monitor and supervise all places of detention in a gender-sensitive manner and ensure that allegations of abuse are effectively investigated and perpetrators brought to justice; and ensure the availability of adequate, speedy and confidential complaint mechanisms in all places of detention;
- 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
- Governance & Rule of Law
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70w
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Set up operational protocols, codes of conduct, regulations and training modules for the ongoing monitoring and analysis of discrimination against women, girls, and lesbian, gay, bisexual and transgender persons with regard to access to all services and rehabilitation programmes in detention; and document, investigate, sanction and redress complaints of imbalance and direct or indirect discrimination in accessing services and complaint mechanisms;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70e
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Divert women and girls away from the criminal justice system and towards appropriate services and programmes, whenever appropriate, and implement alternatives to detention such as absolute or conditional discharge, verbal sanctions, arbitrated settlements, restitution to the victim or a compensation order, community service orders, victim-offender mediation, family group conferences, sentencing circles, drug rehabilitation programmes and other restorative processes, services and programmes;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Gender
- Governance & Rule of Law
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70a
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Fully and expeditiously implement the Bangkok Rules and establish appropriate gender-specific conditions of detention;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 39
- Paragraph text
- All places of detention must be subject to unannounced visits by independent bodies established in conformity with the Optional Protocol to the Convention against Torture. The inclusion of women, lesbian, gay, bisexual and transgender persons and other minority representation on inspection bodies at all levels would help facilitate the reporting of gender-based violence and discrimination and identify cases of torture and ill-treatment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 38
- Paragraph text
- Adequate and effective complaint and oversight mechanisms are critical sources of protection for at-risk groups that experience abuses in detention. All too often proper safeguards are absent or lacking in independence and impartiality, while fear of reprisals and the stigma associated with reporting sexual violence and other humiliating practices discourage women, girls, and lesbian, gay, bisexual and transgender persons from reporting. In many cases, the vulnerability and isolation of women and girls is compounded by limited access to legal representation, inability to pay fees or bail as a result of poverty, dependence on male relatives for financial support and fewer family visits.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Violence
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 34
- Paragraph text
- Lesbian, gay, bisexual and transgender persons who are deprived of their liberty are at particular risk of torture and ill-treatment, both within the criminal justice system and in other contexts such as immigration detention, medical establishments and drug rehabilitation centres. Criminal justice systems tend to overlook and neglect their specific needs at all levels. Transgender persons tend to be placed automatically in male or female prisons or wards without regard to their gender identity or expression.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 33
- Paragraph text
- The Special Rapporteur recalls that States are prohibited from returning anyone to a situation where there are substantial grounds to believe that the person may be subject to torture or ill-treatment. The prohibition of refoulement is absolute and an important additional source of protection for women, girls, and lesbian, gay, bisexual and transgender persons who fear such treatment in their countries of origin.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 13
- Paragraph text
- Women, girls, and lesbian, gay, bisexual and transgender persons are at particular risk of torture and ill-treatment when deprived of liberty, both within criminal justice systems and other, non-penal settings. Structural and systemic shortcomings within criminal justice systems have a particularly negative impact on marginalized groups. Measures to protect and promote the rights and address the specific needs of female and lesbian, gay, bisexual and, transgender prisoners are required and cannot not be regarded as discriminatory.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
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. 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. 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. 53n
- Paragraph text
- A non-governmental organization noted that the law on violence against women in Colombia 2008 covers violence against lesbian and bisexual women. There is also intersectionality with conflict and land restitution issues and action against racism. In Latin America, the legalization of civil unions and/or marriage is also a constructive sign of the times; same-sex marriage is legal in a large number of countries, including Argentina, Brazil, Colombia, Mexico and Uruguay;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2017
Paragraph