A/HRC/53/37 I. Introduction 1. For the past 75 years, the notion of universal, indivisible and interdependent rights has given meaning to the framework built around the Universal Declaration of Human Rights. Freedom of thought, conscience and religion or belief is a fundamental part of that structure, as are the rights to non-discrimination and equality before the law, the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment, the right to privacy, the right to freedom of expression, the right to health and all other rights on the basis of which lesbian, gay, bisexual and trans and other gender-diverse (LGBT) persons are able to live a life free from violence and discrimination.1 2. The present report focuses on the intersections between freedom of thought, conscience and religion or belief and protection from violence and discrimination based on sexual orientation and gender identity. It therefore relates to human feelings of love, intimacy and meaning, spiritual ecstasy and physical pleasure, and inner peace and worldly belonging. It is aimed at exploring fundamental conceptions about human bonds with the sacred and the mundane, the interactions between those powerful motors of the human experience and the framework created in international human rights law for their recognition and development. 3. The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity is committed to respect for freedom of religion and belief. Tellingly, in the resolution that created the mandate, the importance of respecting religious value systems is recognized. During his country visits, the Independent Expert attached great value to his engagements with religious authorities, including: the Patriarch of the Georgian Orthodox Church, the Mufti of all Muslims and the Chair of the Jewish Council, in Georgia; the Mufti of Nampula, in Mozambique; the Archbishop of Tunis and the Chief Rabbi, in Tunisia; and faith-based leaders in Ukraine, the United Kingdom of Great Britain and Northern Ireland and the United States of America. The Independent Expert’s activities include engagements with persons of faith, and this is a topic that is present in analysis of allegations in specific cases. Those experiences are part of the stock of knowledge used for the present report. 4. The preparation of the report also included a literature review, with special attention paid to the Special Rapporteur’s Compilation of Articles on Freedom of Religion or Belief;2 a call for input that generated 26 State submissions and 99 submissions by non-State actors, including representatives of academia, civil society and faith-based organizations;3 an expert meeting held at the Human Rights Program of Harvard Law School, in Cambridge, Massachusetts, on 9 and 10 March 2023; and a public consultation in Geneva, on 21 March 2023. The Independent Expert is indebted to all the stakeholders who contributed to the report. 5. Within a human rights framework, the term “religion” does not describe a homogeneous, static entity. Religious norms, traditions and communities are not part of a single institution, and “religion” describes a multitude of dynamic, contested and evolving beliefs and values that inspire hope, guide action, confer identity and help people to make meaning of their life experiences.4 6. As an unfixed paradigm, religion does not have essential, inbuilt tenets, and it would make no sense to position it as inherently or predominantly pro- or anti-LGBT persons. However, religion and the human rights of LGBT persons are often positioned against each other in social and political discourse, fuelling the contention that there is an inherent conflict between freedom of religion or belief and the human rights of LGBT individuals. That fabricated narrative undermines the ideal of peaceful human coexistence. As noted in one submission, “at times, the freedom of religion and belief also has been misused as a sword 1 2 3 4 2 A/HRC/35/36, paras. 20–33. See https://www.ohchr.org/sites/default/files/Documents/Issues/Religion/ArticlesCompilationForbAndSe xuality.pdf. Available from https://www.ohchr.org/en/calls-for-input/2023/call-input-thematic-report-freedomreligion-or-belief-forb-and-sexual. See Susan Hayward and Katherine Marshall, eds., Women, Religion and Peacebuilding: Illuminating the Unseen (Washington, D.C., United States Institute of Peace Press, 2015). GE.23-10841