A/79/151 national law regarding gender-based violence may lag behind these advances. 146,147 The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence recognizes the structural nature and scope of gender based violence, defining “gender” as “the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men”. 148 The Independent Expert has previously called for attention in efforts to eradicate gender-based violence and discrimination “to the way that differently situated persons face gender discrimination, whether cisgender, trans or genderdiverse, heterosexual or homosexual, in order to ensure specific understanding of elements of both prevention and redress”. 149 48. In the context of the Americas, international and citizen observers have noted cases of violence against LGBT candidates in Brazil, Chile, Honduras, Mexico and Peru. 150 Instances of hate speech were also noted in Bolivia (Plurinational State of), 151 Brazil 152 and Honduras. 153 Paradoxically, in settings where instances of violence against LGBT candidates are not recorded, this may be due to the reluctance of openly LGBT persons to run for office owing to the “hostile environment that is not conducive for political participation”. 154 The European Union Election Observation Mission in Guatemala noted that, as homophobic narratives became central in runoff elections, LGBT groups “refrained from actively engaging in the run -off electoral process, in part due to the elevated risk of violence they are exposed to". 155 49. Election observers also noted how the topic of non-discrimination based on sexual orientation and gender identity became a polarizing issue in electoral campaigns, sharpening hostile rhetoric. 156 In some cases, derogatory statements about LGBT persons are linked to attempts to associate LGBT issues with political opponents. 157 In 2019, the European Parliament adopted a resolution that raised concerns about “homophobic statements and hate speech targeting LGBTI people … in particular in the context of elections” and called on States members of the European Union to “to monitor hate speech by public authorities and elected officials, as well as during local, regional and national elections, and to take firm and concrete measures and sanctions against it”. 158,159 50. Disinformation campaigns are often directly linked to discrimination experienced by LGBT persons. Spreading false and misleading information about __________________ 146 147 148 149 150 151 152 153 154 155 156 157 158 159 18/25 Submission by VoteLGBT, p. 6. Committee against Torture, general comment No. 3 (2012) on the implementation of article 14, para. 39. Council of Europe Treaty Series, No. 210, art. 3 (c). A/HRC/47/27, para. 93. OAS, Preliminary report following the second round of the elections in Brazil (November 2022), p. 15; and submission by the Observatorio Latinoamericano y del Caribe de los Derechos Políticos y Electorales de las Personas Trans, pp. 8 and 9. OAS, Electoral Observation Missions, General Elections 2019 and 2020: Plurinational State of Bolivia (Final report), annexes, p. 171. OAS, Electoral Observation Mission, 2020 Municipal Elections: Brazil (Final Report), p. 99. OAS, Electoral Observation Mission, General Elections: November 28, 2021 – Republic of Honduras (Final Report), p. 7 Submission by the International Lesbian and Gay Association, p. 3. European Union, Election Observation Mission to Guatemala, p. 28. OAS, Electoral Observation Mission, “National elections: Costa Rica (final report)”, p. 5. OSCE, Office for Democratic Institutions and Human Rights, Final Report on the 2023 General Elections in Türkiye (Warsaw, 2023), p. 16. European Parliament resolution on public discrimination and hate speech against LGBTI people, including LGBTI free zones (2019/2933(RSP)) (Official Journal of the European Union, C 255/7, 29 June 2021, para. 26). Katharina Eisele, The 2020–2025 LGBTIQ Equality Strategy: Implementation Overview, European Parliamentary Research Service (Brussels, 2023), p. 26. 24-12964

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