A/79/151
garner political support are often amplified during election campaigns. 46 “Particularly
during times of political transitions, in highly polarized discourse regarding national
identity, gender stereotypes can be magnified”, 47 leading to intensified violence and
discrimination against women and LGBT individuals in the name of upholding these
patriarchal norms.
IV. Suffrage rights
16. Matters of private sexual conduct that have been determined under international
law to be protected under the human rights to privacy and non-discrimination 48 should
not be used to restrict citizens’ rights to take part in the conduct of public affairs, or
to vote and be elected. Eligible electoral participants, whether voters or candidates,
“may not be suspended or excluded except on grounds which are establis hed by law
and which are objective and reasonable”. 49
A.
Right to vote
17. Disenfranchisement is today only formally directed by law for a few enumerated
statuses, variably across jurisdictions: age, non-citizenship, foreign residency and
conviction for specific crimes. Some of these limitations specifically and
disproportionately affect LGBT persons, for example, through unjust criminal
conviction under discriminatory laws. Moreover, disenfranchisement frequently
arises informally as an outcome of other limitations, including, for example,
restrictive identification procedures or voting requirements that disproportionately
impact trans and non-binary persons. 50 Worldwide, 62 countries criminalize
consensual same-sex intimacy. A criminal conviction in countries that prosecute
same-sex relations would mean automatic disenfranchisement in several countries. 51
Disenfranchisement based on criminal conviction, in particular the discriminatory
operation of criminal law targeting same-sex conduct, the exchange of sex for money,
sex outside of marriage, gender identity or sexual expression, 52 is against
international human rights principles. Disenfranchisement based on criminal
conviction is reported to disproportionally affect LGBT persons. 53 Fear of
discrimination among LGBT voters, which inhibits voting, has disproportionately
affected women from racial minorities in the United States. 54
18. The most commonly reported limitation of suffrage based on a voter’s gender
identity is linked to difficulties in obtaining accurate identification documents
__________________
46
47
48
49
50
51
52
53
54
8/25
A/HRC/20/28, para. 27; and submission by Cameroonian Foundation for AIDS, pp. 2 and 3.
A/HRC/23/50, para. 72.
See CCPR/C/50/D/488/1992.
Human Rights Committee, general comment No. 25, para. 4.
See O’Neill and others, “The potential impact of voter identification laws” (see footnote 5);
Colombia, Registraduría Nacional del Estado Civil, “Protocolo de atención de las personas trans”
(2023); and Abdul Qadir Sediqi and Storay Karimi, “Afghan women fear mandatory poll photos
could stop them from voting”, Reuters, 25 September 2019.
Submission by the Centre for Human Rights of the University of Pretoria.
See CCPR/C/50/D/488/1992; Committee on the Elimination of Discrimination against Women,
general recommendation. No. 35 (2017); A/HRC/WG.11/39/1; International Commission of
Jurists, “The 8 March Principles for a Human Rights-Based Approach to Criminal Law
Proscribing Conduct Associated with Sex, Reproduction, Drug Use, HIV, Homelessness and
Poverty” (Geneva, 2023); and Amnesty International, Body Politics: A Primer on Criminalization
of Sexuality and Reproduction (London, 2018).
Submission by the Human Rights Commission of Mexico City, p. 3.
Submission by Human Rights Campaign, p. 4. See also Courtney Avant, Banned from the Ballot
Box: The Impact of Felony Disenfranchisement Laws on LBTQ Women of Color (Washington
D.C, Human Rights Campaign, 2020).
24-12964
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