A/79/151
political and public life”. 21 Although discrimination and barriers to political
participation faced by persons on the basis of their sexual orientation or gender
identity remain of serious concern, positive efforts by some States to overcome these
obstacles have been noted in United Nations reports. 22
11. The Committee on the Elimination of Discrimination against Women has
systematically invoked State obligations to respect rights linked to eliminating
discrimination against women in political and public life, in line with articles 7 and 8
of the Convention on the Elimination of All Forms of Discrimination against Women,
notably stressing that the lack of equal and inclusive representation of women is
exacerbated by inequality and discrimination, including for lesbian, bisexual,
transgender and intersex women. 23,24 The Committee on the Elimination of Racial
Discrimination has expressed concern over threats, hate speech (including online),
harassment and violence towards women seeking or holding political office,
“particularly those seen as LGBTQI+ women”, 25 based simultaneously on gender and
race. The Working Group on discrimination against women and girls has further noted
that “[w]omen who belong to vulnerable groups”, including due to sexual orientation
and gender identity, “are effectively barred from political and public life based on
multiple stereotyping”. 26
12. Regional human rights bodies across the globe have increasingly recognized core
protections against violence and discrimination based on sexual orientation and gender
identity, including the Inter-American Commission on Human Rights, 27 the
Organization of American States (OAS) General Assembly 28 and the African
Commission on Human and Peoples’ Rights. 29 The European Court of Human Rights
has held that sexual orientation and gender identity are covered under the
non-discrimination provision in article 14 of the Convention for the Protection of
Human Rights and Fundamental Freedoms (European Convention on Human Rights). 30
III. Key constraints on electoral participation
13. In 2020, there were only 230 openly LGBT members of parliament in 50 countries.
Notably, and reflecting the gender dimension of underrepresentation in public life, 81
per cent were gay men. 31 In several submissions, increases in LGBT political
representation in recent elections were noted. 32 In a 2023 report, the United Nations
Development Programme (UNDP) noted that “LGBTI+ political figures are often
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21
22
23
24
25
26
27
28
29
30
31
32
6/25
Human Rights and Elections, para. 36.
See, for example, A/74/285, para. 34.
See, for example, Committee on the Elimination of Discrimination against Women, general
recommendation no. 28 (2010) on the core obligations of States parties under article 2 of the
Convention on the Elimination of All Forms of Discrimination against Women, para. 18; and
general recommendation No. 35 (2017) on gender-based violence against women, updating
general recommendation No. 19, para. 29.
See CEDAW/C/81/D/134/2018.
CERD/C/BRA/CO/18-20, para. 26 (e).
A/HRC/23/50, para. 70.
See Inter-American Commission on Human Rights, Advances and Challenges towards the
Recognition of the Rights of LGBTI Persons in the Americas (2018).
See OAS General Assembly resolution AG/RES. 2863 (XLIV-O/14), available at
www.oas.org/en/iachr/lgtbi/docs/ag-res2863-xliv-o-14eng.pdf.
See African Commission on Human and Peoples’ Rights resolution ACHPR/Res.275(LV)2014.
See Council of Europe, European Court of Human Rights, Guide on Article 14 of the European
Convention on Human Rights and Article 1 of Protocol No. 12 to the Convention: Prohibition of
Discrimination (2021).
Gilad Greenwald, Sharon Haleva-Amir and Amit Kama, “‘An out gay man in the parliament’:
new aspects in the study of LGBTQ politicians’ media coverage ”, Media, Culture and Society,
vol. 46, No. 1 (January 2024).
Submissions by Caribe Afirmativo, p. 3, and by the Office of the Ombudsperson of Argentina.
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