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Title | Date added | Template | Body | Legal status | Document type | Year | Document code | Original document | Paragraph text | Thematics | Topic(s) | Person(s) affected | Year |
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Colonialism and SOGI | Jan 22, 2024 | Document | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 2023 | A/78/227 | ||||||
Peace and security | Jan 22, 2024 | Document | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 2022 | A/77/235 | ||||||
Right to health and SDG3 | Jan 22, 2024 | Document | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 2022 | A/HRC/50/27 | ||||||
The law of inclusion | Jan 22, 2024 | Document | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 2021 | A/HRC/47/27 | ||||||
Gender (Part II): Practices of Exclusion | Jan 22, 2024 | Document | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 2021 | A/76/152 | ||||||
COVID-19 | Jan 22, 2024 | Document | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 2020 | A/75/258 | ||||||
"Conversion therapies" practices | Jan 22, 2024 | Document | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 2020 | A/HRC/44/53 | ||||||
Social inclusion | Jan 22, 2024 | Document | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 2019 | A/74/181 | ||||||
Data collection and management | Jan 22, 2024 | Document | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 2019 | A/HRC/41/45 | ||||||
Inaugural report by Victor Madrigal-Borloz | Jan 22, 2024 | Document | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 2018 | A/HRC/38/43 | ||||||
Legal recognition of gender identity and depathologization | Jan 22, 2024 | Document | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 2018 | A/73/152 | ||||||
Embrace diversity and energize humanity | Aug 19, 2019 | Document | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 2017 | A/72/172 | ||||||
Diversity in humanity, humanity in diversity | Aug 19, 2019 | Document | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 2017 | A/HRC/35/36 | ||||||
Diversity in humanity, humanity in diversity 2017, para. 18 | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 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. |
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Diversity in humanity, humanity in diversity 2017, para. 19 | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | The reflections that follow are an initial response regarding the key elements under the mandate. |
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Diversity in humanity, humanity in diversity 2017, para. 46 | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 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. |
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Diversity in humanity, humanity in diversity 2017, para. 24 | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 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. |
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Diversity in humanity, humanity in diversity 2017, para. 66h | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 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. |
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Diversity in humanity, humanity in diversity 2017, para. 66i | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 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”. |
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Diversity in humanity, humanity in diversity 2017, para. 52 | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 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. |
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Embrace diversity and energize humanity 2017, para. 10 | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | Fourth, precisely because so many issues under the mandate reach out to an array of sectors and professions, it is essential to broaden the discourse and vistas for cooperation. For example, change in the medical and scientific sector is pivotal in helping to prevent violence and discrimination relating to health concerns. Where the situation was once pathologized, giving rise to potential or actual abuse and stigma, there is now momentum towards depathologizing and destigmatizing in relation to sexual orientation and gender identity, with due regard to ensuring access to comprehensive and quality health care for all. If the issue is interrelated with employment, there is now a call to interlink increasingly with the business sector. Where there are issues of faith and religion, it is important to reach out to spiritual leaders and actors and seek interfaith cooperation to complement international standards. Where there is a quest to shun hate speech and incitement to violence, a key catalyst is the ever-growing presence of social media and its responsiveness to human rights. |
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Embrace diversity and energize humanity 2017, para. 11 | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 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. |
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Embrace diversity and energize humanity 2017, para. 25d | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | [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 ensure that organizations working on issues related to sexual orientation, gender identity and expression, and sex characteristics can seek, receive and use funding and other resources from individuals, associations, foundations or other civil society organizations, foreign Governments and aid agencies, the private sector, the United Nations and other entities. |
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Embrace diversity and energize humanity 2017, para. 26 | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 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. |
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Embrace diversity and energize humanity 2017, para. 18 | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 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. |
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Embrace diversity and energize humanity 2017, para. 44 | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 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). |
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Embrace diversity and energize humanity 2017, para. 51 | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 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. |
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Embrace diversity and energize humanity 2017, para. 53 | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | Responses to the Independent Expert’s invitation to stakeholders to send in information in 2017 have provided the following examples: |
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Embrace diversity and energize humanity 2017, para. 33 | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 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. |
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Embrace diversity and energize humanity 2017, para. 59f | Aug 19, 2019 | Paragraph | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Non-negotiated soft law | Special Procedures' report | 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; |
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