A/79/151 increased the visibility of LGBT persons in the electoral process and had a mitigating effect on violence. 189 64. In several submissions, the positive role played by civil society in promoting changes in law and practice was highlighted. Examples included consultations that had led to Brazil allowing trans voters to register with their gender identity and affirmed name, 190 collaborations with fact-checking organizations to combat disinformation on social media in Brazil, 191 and the assessment and public dissemination of voter education materials addressed to LGBT voters in Hungary. 192 However, attention is needed on how “[o]nerous and bureaucratic financial controls and reporting requirements” can have an impact on LGBT organizations, in particular women’s organizations working on sexual orientation and gender identity rights and other issues in the context of rising fundamentalism, 193 with funding restrictions often put in place ahead of elections. 194 Notably, any provision “restricting or prohibiting the right to freedom of association, including the right to access funding, of a specific group on discriminatory grounds, such as sexual orientation or gender identity, is not permitted under the [International Covenant on Civil and Political Rights] and must be reviewed with a view to repealing”. 195 LGBT persons facing multiple marginalization may further be underrepresented or excluded from civil society organizations and movements that represent only one aspect of their identity, such as by focusing on discrimination related to their race but not t heir gender, or on their disability but not on how this interacts with their sexual orientation. 196 XI. Conclusion 65. The right to participate fully and equally in electoral processes for LGBT people is hindered by interconnected factors that are directly related to the broader social context. In settings where discrimination and violence are rife, participation is hindered; where LGBT people are equally protected, so, too, are their democratic rights. Violence, and the threat of violence, are the most prominent obstacles to electoral participation. Violence thrives in settings where there are discriminatory laws, often coupled with hostile and demeaning rhetoric amplified during elections. To overcome barriers to electoral participation based on sexual orientation or gender identity, States need to ensure that rights are equally upheld. In addition, proactive measures should be taken to address specific administrative and procedural obstacles that arise in a context o f legal inequality and social precarity. XII. Recommendations 66. The Independent Expert recommends that States: (a) Increase efforts to collect data on barriers to participation for diverse LGBT persons as voters, candidates, election officials and election observers, in ways that are respectful of context and the risks posed during volatile election years; __________________ 189 190 191 192 193 194 195 196 24-12964 Submission by Ronald Kihali, p. 2. Submission by VoteLGBT, p. 9. Ibid., p. 10. Submission by the national human rights institution of Hungary, p. 5. A/75/184, para. 71. See A/HRC/50/23. Ibid., para. 47. See A/75/184. 23/25

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