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.
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