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Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 76
- Paragraph text
- The discriminatory use of criminal law, punitive sanctions and legal restrictions to regulate women's control over their own bodies is a severe and unjustified form of State control. This can include punitive provisions in criminal, civil and administrative laws and regulations governing extramarital consensual sex, same-sex consensual adult relations, gender non-conforming expressions, provision of reproductive and sexual education and information, termination of pregnancy and prostitution/sex work. The enforcement of such provisions generates stigma and discrimination and violates women's human rights. It infringes women's dignity and bodily integrity by restricting their autonomy to make decisions about their own lives and health.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 25
- Paragraph text
- It is the opinion of the Working Group that the understanding and legal definition of the family in national legislation should be extended to recognize different forms of family. The recognition of same-sex couples, for both women and men, and other forms of family is an example of good practice that a number of States have already implemented. In this regard, the Inter-American Court of Human Rights has confirmed that mothers who are lesbians should not be deprived of custodial rights over their children.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- LGBTQI+
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 47
- Paragraph text
- Women's rights advocates engage actively in different normative regimes, including religious communities and indigenous or customary groups. They do so, among others, by initiating hermeneutic projects within their respective religions. In their cultural communities, women express their opinions on politics also through the arts, including writings, music and plays, and their works have been attacked, criminalized and condemned by State and non-State actors. In certain contexts, economically independent women playing leadership roles are stigmatized and attacked as witches. Lesbian, bisexual and transgender women who defend their human rights are vulnerable to attacks on their civil rights and personhood where there is a climate of intolerance arising from their perceived challenge to established norms of gender identity, gender roles and sexuality.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2013
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 46
- Paragraph text
- In some secular family law systems, elements of discrimination remain, for example a lower legal minimum age for marriage for girls and discriminatory provisions on inheritance rights, divorce and recognition of same-sex couples.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Girls
- LGBTQI+
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 58
- Paragraph text
- In many settings, especially where same-sex consensual sexual behaviour is prohibited, lesbian, bisexual and transgender persons are deterred from seeking health services out of fear of being arrested and prosecuted. Even in countries where same-sex sexual orientation is not criminalized, lesbians are often discriminated against and mistreated by medical providers, which deters them from seeking health services. In some settings, they are subjected to coercive, inhumane and degrading practices such as "corrective" or punitive rape. Transgender persons are often subjected in law and practice to compulsory medical interventions without being given an opportunity for informed decision-making and choice. Their gender identity is pathologized in many countries and they are often subjected to mental and physical examinations and treatments and forced to undergo "conversion therapies". Transgender persons' biological needs, such as transition-related medical services, screening for cervical cancer, termination of pregnancy and contraception, are often refused by service providers.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 21
- Paragraph text
- Women who do not conform to the gender stereotypes that predominate in some cultures and those who openly contest them, including within their own cultural or religious communities, are particularly vulnerable to discrimination, violence and criminalization. They include, among others, single women, widows, female heads of family, lesbians, bisexual and transgender women, sex workers and women human rights defenders. The Working Group emphasizes that the obligation of States to protect cultural diversity applies to diversity within cultures as well as between them.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 105e (iii)
- Paragraph text
- [The Working Group recommends that States:] Provide special protection and support services to women facing multiple forms of discrimination, and in this regard: Ensure social and health-care benefits, entitlements and protection to lesbians and bisexual and transgender persons without discrimination;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 23
- Paragraph text
- The family exists in various forms. The expression "diverse families" encompasses, for example, single-parent families; families headed by women; intergenerational families including, among others, grandparents; families headed by children, such as orphans or street children; families comprising lesbian, gay, bisexual, transgender and intersex (LGBTI) persons; extended families; self-created and self-defined families; families without children; families of divorced persons; polygamous families; and non-traditional families resulting from interreligious, intercommunity or inter-caste marriages. Self-created and self-defined families include, in particular, families formed in marginalized communities. In all these different forms of family, women tend to be subject to legal sanctions and to experience difficult social and economic situations. Indigenous and minority women and women living in strict patriarchal, religious, traditional or caste systems are more likely to be found in these forms of family and are especially vulnerable to early and/or forced marriage, while men may have multiple households or second families with their de facto spouses or partners.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- LGBTQI+
- Women
- Year
- 2015
Paragraph
Human rights, sexual orientation and gender identity 2011, para. 3
- Paragraph text
- Also decides that the panel will also discuss the appropriate follow-up to the recommendations of the study commissioned by the High Commissioner;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2011
Paragraph
Human rights, sexual orientation and gender identity 2011, para. 2
- Paragraph text
- Decides to convene a panel discussion during the nineteenth session of the Human Rights Council, informed by the facts contained in the study commissioned by the High Commissioner and to have constructive, informed and transparent dialogue on the issue of discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- LGBTQI+
- Year
- 2011
Paragraph
Human rights, sexual orientation and gender identity 2014, para. 1
- Paragraph text
- Takes note with appreciation of the report of the United Nations High Commissioner for Human Rights entitled “Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity” (A/HRC/19/41) and of the panel discussion held at the nineteenth session of the Human Rights Council;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2014
Paragraph
SRSG on violence against children: Annual report 2016, para. 79
- Paragraph text
- Young people who are lesbian, gay, bisexual or transgender are particularly vulnerable to bullying and cyberbullying. As noted in a report of the United Nations Educational, Scientific and Cultural Organization (UNESCO), although relatively few countries have collected data on homophobic bullying, evidence from all regions of the world suggests that the scale of the problem is significant, with over half of all lesbian, gay, bisexual or transgender students in a wide range of countries reporting such incidents. Drawing on important research, the report confirms the need for prevention efforts that address both bullying and cyberbullying of lesbian, gay, bisexual or transgender young people.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Youth
- Year
- 2016
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 58
- Paragraph text
- The rights and needs of lesbian, gay, bisexual, transgender and intersex persons are violated worldwide, with many prison systems subjecting them to increased discrimination and not affording them equal standards of health care and protection from sexual violence, humiliation, intolerance and abuse. Studies have consistently shown that those with a non-heterosexual orientation, or whose gender expression does not fall into exact categories of female and male, are vulnerable to targeted abuse both by staff and by other prisoners. In many prison systems complaints by lesbian, gay, bisexual, transgender and intersex prisoners about sexual abuse and rape are less likely to receive a response from prison administrations, leading to impunity and continued abuse.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- LGBTQI+
- Year
- 2013
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
Pathways to, conditions and consequences of incarceration for women 2013, para. 59
- Paragraph text
- With respect to women's prisons, and lesbians specifically, the expectation of many guards is that the prisoners should behave in a passive and submissive manner, with the assumption that since non-feminine behaviour landed them in prison, incarceration should "restore them to it". Those prisoners whom guards view as masculine or "butch" are subjected to increased levels of threats, harassment and physical abuse. In other cases, guards may respond with confrontation or retaliation when they interpret a female prisoner's masculinity as insubordinate and challenging to their authority. Due to strict requirements relating to dress, hair length, style and appearance, prisoners that are non-gender-conforming are subject to "forced feminization".
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2013
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 62
- Paragraph text
- As lesbian, gay, bisexual, transgender and intersex prisoners in many jurisdictions have exceptionally limited contact with their families and partners, the sense of isolation in prison is intensified, impacting their mental health and prospects for social reintegration. Lesbian, gay, bisexual, transgender and intersex prisoners frequently are not afforded adequate access to health care, including specific physical and mental-health treatment. They also are more likely to be the victims of disrespectful health care generally. In Guatemala, prisoners have been subjected to medical testing without their consent, including for HIV.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2013
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 63
- Paragraph text
- Transgender prisoners, specifically, face unique and particularly harsh circumstances in prison systems, including issues of classification for their prison placement, the possibility of administrative segregation, barriers to the accessibility of hormone treatment, and higher instances of abuse and discriminatory treatment. Generally, transgender people who have had genital surgery are classified and housed according to their reassigned sex, but those who have not are usually classified according to their birth sex for purposes of prison housing, regardless of how long they have lived as a member of the other gender and regardless of how much medical treatment they have undergone. In Guatemala, one transgender woman stated that she was raped more that 80 times in one year. Separation of transgender women may result in greater protection, but this in turn results in exclusion from recreation, educational and occupational opportunities and rights of association.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2013
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 28
- Paragraph text
- In many countries, women's political activism has given rise to arrests and detentions. A recent report on the Islamic Republic of Iran refers to interviews with former women prisoners of conscience who were arrested for a number of reasons, including political affiliation, which can include affiliation with political opposition, women's rights activists, student bodies, NGOs, members or defenders of the lesbian, gay, bisexual and transgender community or defenders of the rights of religious minorities; individual activities related to journalism, the media, blogging and human rights advocacy; participation in demonstrations or other forms of activism; religious crimes, including affiliation with unrecognized minorities; and violations pertaining to laws linked to dress codes (hijab).
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2013
Paragraph
Reparations to women who have been subjected to violence 2010, para. 48
- Paragraph text
- There is a broader question regarding the concept of family that is embraced in reparations programmes. In this regard, polygamous unions, de facto unions, same-sex unions and more extensive culturally contingent support mechanisms, should be adequately represented to reflect the real web of dependencies and the harms entailed by their disruption.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Families
- LGBTQI+
- Year
- 2010
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 61
- Paragraph text
- Policies for conjugal visits often discriminate against lesbian, gay, bisexual, transgender and intersex prisoners. Because same-sex marriages are illegal in many countries, such prisoners are not likely to be lawfully married, and thus not permitted to receive visits from their partners. Even in systems allowing conjugal visits to unwedded partners, lesbian, gay, bisexual, transgender and intersex prisoners are not offered the same rights.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- LGBTQI+
- Year
- 2013
Paragraph
Gender-related killings of women 2012, para. 72
- Paragraph text
- Manifestations of violence, such as abuse of police power, sexual violence in prisons and murders fuelled by hate, as well as several kinds of discrimination, persist. As academics have noted, there is a paradox in the advancement in the protection of individuals' sexual rights on the one hand, and the increasing escalation of homophobic crimes on the other. In this sense, LGBTIQ persons, including women, are especially vulnerable to many kinds of violent crime, from killings in private homes to killings in public spaces known as "social cleansing", extortion by blackmailers who threaten to reveal their identity to the public, and abuse from officials, especially the police, who sometimes arrest them.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2012
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 60
- Paragraph text
- It has been reported that in some prisons, guards will blatantly allow abuse and rape to occur, and also facilitate abuse by placing lesbian, gay, bisexual, transgender and intersex persons in less safe conditions than the majority population. Additionally, those prisoners are sometimes deliberately placed in cells with known sexual predators, and lesbian women are commonly placed in cells with men if they refuse the sexual advances of prison staff. Transgender prisoners face sexual abuse and rape, especially when they are placed in accommodations according to their birth gender, particularly when male-to-female transgender prisoners are placed with men. Also, certain prisons have staff-run prostitution rings that force all transgender prisoners to participate.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- LGBTQI+
- Men
- Women
- Year
- 2013
Paragraph
Violence against women with disabilities 2012, para. 27
- Paragraph text
- Lesbians and other sexual minorities who identify as female and who have disabilities confront social barriers, isolation, exclusion and violence due to both sexual minority status and disability. Lesbians with psychosocial disabilities have been largely excluded or overlooked in research and treatment, despite their usage of mental health-care and other psychosocial services. They sometimes experience a "cultural contradiction" imposed by society since lesbianism is viewed as a sexual identity, while women with disabilities are often stereotyped as asexual.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- LGBTQI+
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 34
- Paragraph text
- Civil society organizations called for more support for women’s organizations on the ground, underlining that women human rights defenders faced daily threats and harassment, and needed greater protection. At the same time, more regulations addressing violence against particular groups of women, such as women belonging to minority groups; migrants; lesbian, gay, bisexual and transgender persons; elderly women; women with disabilities; and widows, were also supported.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Activists
- LGBTQI+
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Gender-related killings of women 2012, para. 73
- Paragraph text
- In the case of South Africa, the recent murders of Black lesbian women demonstrates the multiple and intersecting factors that have led to an escalation in homophobic attacks, despite progressive constitutional provisions preventing discrimination on the basis of, among others, race, gender and sexual orientation.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2012
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 35
- Paragraph text
- Lesbian, gay, bisexual and transgender detainees report higher rates of sexual, physical and psychological violence in detention than on the basis of sexual orientation and/or gender identity than the general prison population (CAT/C/CRI/CO/2). Violence against these persons in custodial settings, whether by police, other law enforcement authorities, prison staff or other prisoners, is prevalent (A/HRC/29/23). Fear of reprisals and a lack of trust in the complaints mechanisms frequently prevent lesbian, gay, bisexual and transgender persons in custody from reporting abuses. Their placement in solitary confinement or administrative segregation for their own "protection" can constitute an infringement on the prohibition of torture and ill-treatment. Authorities have a responsibility to take reasonable measures to prevent and combat violence against lesbian, gay, bisexual and transgender detainees by other detainees.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- LGBTQI+
- 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
Review of the standard minimum rules for the treatment of prisoners 2013, para. 47
- Paragraph text
- Incidents of abuse among prisoners, from subtle forms of harassment to intimidation and serious physical and sexual attacks, are a regular occurrence in all prisons. The Special Rapporteur observes that although Rule 28 (1) prohibits employing prisoners in a disciplinary capacity, in some States guards delegate the authority for maintaining discipline and protecting detainees from exploitation and violence to privileged detainees who, in turn, often use this power to their own benefit. In this context, special consideration should be given to the aggravated risk of violence that women and those from vulnerable groups, including persons with disabilities, people living with HIV/AIDS, drug-dependant individuals, lesbian, gay, bisexual, transgender and intersex persons and sex workers might suffer.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- LGBTQI+
- Persons with disabilities
- Women
- Year
- 2013
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 48
- Paragraph text
- Girls deprived of their liberty are at a heightened risk of sexual violence, sexual exploitation and underage pregnancies while in detention. The risk of sexual abuse is greater when male guards supervise girls in detention. Girls deprived of their liberty have different needs not only to those of adults but also of boys. Girls in detention are often not only children but also carers, either as mothers or as siblings, and have specific health, hygiene and sanitary needs. Across the globe, girls are rarely kept separately from women in pretrial and post-conviction settings (see A/HRC/16/52/Add.3, para. 54). Similarly, the Special Rapporteur notes that lesbian, gay, bisexual, transgender and intersex children are at a heightened risk.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- LGBTQI+
- Women
- Year
- 2015
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70f
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Provide for non-custodial means of protection, such as shelters and other community-based alternatives, and guarantee that the placement of women in detention centres for protection - only where necessary and expressly requested by the woman in question - will be temporary, subject to supervision and competent authorities and never continued against their will;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph