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Implementation of article 14 by States parties 2012, para. 39
- Paragraph text
- With regard to the obligations in article 14, States parties shall ensure both de jure and de facto access to timely and effective redress mechanisms for members of groups marginalized and/or made vulnerable, avoid measures that impede the ability of members of such groups to seek and obtain redress, and address formal or informal obstacles that they may face in obtaining redress. These may include, for example, inadequate judicial or other procedures for quantifying damages which may have a negative disparate impact on such individuals in accessing or keeping money. As the Committee has emphasized in its general comment No. 2, "gender is a key factor. Being female intersects with other identifying characteristics or status of the person…to determine the ways that women and girls are subject to or at risk of torture or ill-treatment". States parties shall ensure due attention to gender in providing all the elements cited above in the process of ensuring that everybody, in particular members of groups made vulnerable, including lesbian, gay, bisexual and transgender (LGBT) people, must be treated fairly and equally and obtain fair and adequate compensation, rehabilitation and other reparative measures which respond to their specific needs.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2012
Párrafo
Implementation of article 2 by States parties 2008, para. 21
- Paragraph text
- The protection of certain minority or marginalized individuals or populations especially at risk of torture is a part of the obligation to prevent torture or ill-treatment. States parties must ensure that, insofar as the obligations arising under the Convention are concerned, their laws are in practice applied to all persons, regardless of race, colour, ethnicity, age, religious belief or affiliation, political or other opinion, national or social origin, gender, sexual orientation, transgender identity, mental or other disability, health status, economic or indigenous status, reason for which the person is detained, including persons accused of political offences or terrorist acts, asylum-seekers, refugees or others under international protection, or any other status or adverse distinction. States parties should, therefore, ensure the protection of members of groups especially at risk of being tortured, by fully prosecuting and punishing all acts of violence and abuse against these individuals and ensuring implementation of other positive measures of prevention and protection, including but not limited to those outlined above.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personas afectadas
- LGBTQI+
- Año
- 2008
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 41
- Paragraph text
- It is essential that States take all necessary measures to prevent and combat the illicit transfer and non-return of children as well as the worst forms of child labour, including all forms of slavery, commercial sexual exploitation, the use of children for illicit activities, including begging, and hazardous work, and protect them from violence and economic exploitation. The Committees recognize that children face gender-specific risks and vulnerabilities which should be identified and specifically addressed. In many contexts, girls may be even more vulnerable to trafficking, especially for purposes of sexual exploitation. Additional measures should be taken to address the particular vulnerability of girls and boys, including those who might have a disability, as well as children who are lesbian, gay, bisexual, transgender or intersex persons, to trafficking for the purposes of sexual exploitation and abuse.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Violence
- Personas afectadas
- Boys
- Children
- Girls
- LGBTQI+
- Año
- 2017
Párrafo
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 32
- Paragraph text
- Other status as recognized in article 2, paragraph 2, includes sexual orientation. States parties should ensure that a person's sexual orientation is not a barrier to realizing Covenant rights, for example, in accessing survivor's pension rights. In addition, gender identity is recognized as among the prohibited grounds of discrimination; for example, persons who are transgender, transsexual or intersex often face serious human rights violations, such as harassment in schools or in the workplace
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Año
- 2009
Párrafo
The right to sexual and reproductive health (Art. 12) 2016, para. 59
- Paragraph text
- Violations of the obligation to protect occur when a State fails to take effective steps to prevent third parties from undermining the enjoyment of the right to sexual and reproductive health. This includes the failure to prohibit and take measures to prevent all forms of violence and coercion committed by private individuals and entities, including domestic violence, rape (including marital rape), sexual assault, abuse and harassment, including during conflict, post-conflict and transition situations; violence targeting lesbian, gay, bisexual, transgender and intersex persons or women seeking abortion or post-abortion care; harmful practices such as female genital mutilation, child and forced marriage, forced sterilization, forced abortion and forced pregnancy; and medically unnecessary, irreversible and involuntary surgery and treatment performed on intersex infants or children.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Harmful Practices
- Health
- Violence
- Personas afectadas
- Children
- LGBTQI+
- Women
- Año
- 2016
Párrafo
The right to sexual and reproductive health (Art. 12) 2016, para. 2
- Paragraph text
- Due to numerous legal, procedural, practical and social barriers, access to the full range of sexual and reproductive health facilities, services, goods and information is seriously restricted. In fact, the full enjoyment of the right to sexual and reproductive health remains a distant goal for millions of people, especially for women and girls, throughout the world. Certain individuals and population groups that experience multiple and intersecting forms of discrimination that exacerbate exclusion in both law and practice, such as lesbian, gay, bisexual, transgender and intersex persons and persons with disabilities, the full enjoyment of the right to sexual and reproductive health is further restricted.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
The right to sexual and reproductive health (Art. 12) 2016, para. 40
- Paragraph text
- The obligation to respect requires States to refrain from directly or indirectly interfering with the exercise by individuals of the right to sexual and reproductive health. States must not limit or deny anyone access to sexual and reproductive health, including through laws criminalizing sexual and reproductive health services and information, while confidentiality of health data should be maintained. States must reform laws that impede the exercise of the right to sexual and reproductive health. Examples include laws criminalizing abortion, non-disclosure of HIV status, exposure to and transmission of HIV, consensual sexual activities between adults, and transgender identity or expression.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- LGBTQI+
- Año
- 2016
Párrafo
The right to sexual and reproductive health (Art. 12) 2016, para. 23
- Paragraph text
- Non-discrimination, in the context of the right to sexual and reproductive health, also encompasses the right of all persons, including lesbian, gay, bisexual, transgender and intersex persons, to be fully respected for their sexual orientation, gender identity and intersex status. Criminalization of sex between consenting adults of the same gender or the expression of one's gender identity is a clear violation of human rights. Likewise, regulations requiring that lesbian, gay, bisexual transgender and intersex persons be treated as mental or psychiatric patients, or requiring that they be "cured" by so-called "treatment", are a clear violation of their right to sexual and reproductive health. State parties also have an obligation to combat homophobia and transphobia, which lead to discrimination, including violation of the right to sexual and reproductive health.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- LGBTQI+
- Año
- 2016
Párrafo
The right to sexual and reproductive health (Art. 12) 2016, para. 30
- Paragraph text
- Individuals belonging to particular groups may be disproportionately affected by intersectional discrimination in the context of sexual and reproductive health. As identified by the Committee, groups such as, but not limited to, poor women, persons with disabilities, migrants, indigenous or other ethnic minorities, adolescents, lesbian, gay, bisexual, transgender and intersex persons, and people living with HIV/AIDS are more likely to experience multiple discrimination. Trafficked and sexually exploited women, girls and boys are subject to violence, coercion and discrimination in their everyday lives, with their sexual and reproductive health at great risk. Also, women and girls living in conflict situations are disproportionately exposed to a high risk of violation of their rights, including through systematic rape, sexual slavery, forced pregnancy and forced sterilization. Measures to guarantee non-discrimination and substantive equality should be cognizant of and seek to overcome the often exacerbated impact that intersectional discrimination has on the realization of the right to sexual and reproductive health.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Boys
- Ethnic minorities
- Girls
- LGBTQI+
- Persons on the move
- Persons with disabilities
- Women
- Año
- 2016
Párrafo
The right to just and favourable conditions of work (Art. 7) 2016, para. 31
- Paragraph text
- All workers have the right to equal opportunity for promotion through fair, merit based and transparent processes that respect human rights. The applicable criteria of seniority and competence should also include an assessment of individual circumstances, as well as the different roles and experiences of men and women, in order to ensure equal opportunities for all. There should be no place for irrelevant criteria such as personal preference or family, political and social links. Similarly, workers must have the opportunity for promotion free from reprisals related to trade union or political activity. The reference to equal opportunity requires that hiring, promotion and termination not be discriminatory. This is highly relevant for women and other workers, such as workers with disabilities, workers from certain ethnic, national and other minorities, lesbian, gay, bisexual, transgender and intersex workers, older workers and indigenous workers.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Persons with disabilities
- Women
- Año
- 2016
Párrafo
The right to just and favourable conditions of work (Art. 7) 2016, para. 56
- Paragraph text
- The Committee underlines the importance of consultation in formulating, implementing, reviewing and monitoring laws and policies related to the right to just and favourable conditions of work, not only with traditional social partners such as workers and employers and their representative organizations, but also with other relevant organizations, such as those representing persons with disabilities, younger and older persons, women, workers in the informal economy, migrants and lesbian, gay, bisexual, transgender and intersex persons, as well as representatives of ethnic groups and indigenous communities.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- LGBTQI+
- Persons with disabilities
- Women
- Año
- 2016
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 6
- Paragraph text
- The Committee has, in previous general recommendations, clarified that articles 1, 2 (f) and 5 (a) of the Convention read together indicate that the Convention covers sex- and gender-based discrimination against women. The Committee has explained that application of the Convention to gender-based discrimination falls under the definition of discrimination contained in article 1, which points out that any distinction, exclusion or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women of human rights and fundamental freedoms is discrimination. Discrimination against women based on sex and/or gender is often inextricably linked with and compounded by other factors that affect women, such as race, ethnicity, religion or belief, health, age, class, caste, being lesbian, bisexual or transgender and other status. Discrimination on the basis of sex or gender may affect women belonging to such groups to a different degree or in different ways to men. States parties must legally recognize such intersecting forms of discrimination and their compounded negative impact on the women concerned and prohibit them.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Persons on the move
- Women
- Año
- 2014
Párrafo
Economic consequences of marriage, family relations and their dissolution 2013, para. 24
- Paragraph text
- Certain forms of relationships (namely, same-sex relationships) are not legally, socially or culturally accepted in a considerable number of States parties. However, where they are recognized, whether as a de facto union, registered partnership or marriage, the State party should ensure protection of the economic rights of the women in those relationships.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Families
- LGBTQI+
- Women
- Año
- 2013
Párrafo
Women’s access to justice 2015, para. 49
- Paragraph text
- Women are also disproportionately criminalized owing to their situation or status, such as being involved in prostitution, being a migrant, having been accused of adultery, identity as a lesbian, bisexual or transgender woman or intersex person, having undergone an abortion or belonging to other groups that face discrimination.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Women
- Año
- 2015
Párrafo
Gender-based violence against women, updating general recommendation No. 19 2017, para. 29c (i)
- Paragraph text
- [The Committee recommends that States parties implement the following legislative measures:] Repeal, including in customary, religious and indigenous laws, all legal provisions that are discriminatory against women and thereby enshrine, encourage, facilitate, justify or tolerate any form of gender-based violence. In particular, repeal the following: Provisions that allow, tolerate or condone forms of gender-based violence against women, including child or forced marriage and other harmful practices, provisions allowing medical procedures to be performed on women with disabilities without their informed consent and provisions that criminalize abortion, being lesbian, bisexual or transgender, women in prostitution and adultery, or any other criminal provisions that affect women disproportionally, including those resulting in the discriminatory application of the death penalty to women;
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Harmful Practices
- Personas afectadas
- Children
- LGBTQI+
- Persons with disabilities
- Women
- Año
- 2017
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 16
- Paragraph text
- Gender-related claims to asylum may intersect with other proscribed grounds of discrimination, including age, race, ethnicity/nationality, religion, health, class, caste, being lesbian, bisexual or transgender and other status. The Committee is concerned that many asylum systems continue to treat the claims of women through the lens of male experiences, which can result in their claims to refugee status not being properly assessed or being rejected. Even though gender is not specifically referenced in the definition of a refugee given in the 1951 Convention relating to the Status of Refugees, it can influence or dictate the type of persecution or harm suffered by women and the reasons for such treatment. The definition in the 1951 Convention, properly interpreted, covers gender-related claims to refugee status. It must be emphasized that asylum procedures that do not take into account the special situation or needs of women can impede a comprehensive determination of their claims. For example, asylum authorities may interview only the male "head of household", may not provide same-sex interviewers and interpreters to allow women to present their claims in a safe and gender-sensitive environment or may interview women asylum seekers in the presence of their husbands or male family members who may in fact be the source or sources of their complaints.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Personas afectadas
- LGBTQI+
- Persons on the move
- Women
- Año
- 2014
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 38
- Paragraph text
- States parties should interpret the definition of a refugee in the 1951 Convention relating to the Status of Refugees in line with obligations of non-discrimination and equality; fully integrate a gender-sensitive approach while interpreting all legally recognized grounds; classify gender-related claims under the ground of membership of a particular social group, where necessary; and consider adding sex and/or gender, as well as the reason of being lesbian, bisexual or transgender, and other status to the list of grounds for refugee status in their national asylum legislation.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Movement
- Personas afectadas
- LGBTQI+
- Persons on the move
- Women
- Año
- 2014
Párrafo
Women’s access to justice 2015, para. 8
- Paragraph text
- Discrimination against women, based on gender stereotypes, stigma, harmful and patriarchal cultural norms and gender-based violence, which affects women in particular, has an adverse impact on the ability of women to gain access to justice on an equal basis with men. In addition, discrimination against women is compounded by intersecting factors that affect some women to degrees or in ways that differ from those affecting men or other women. Grounds for intersecting or compounded discrimination may include ethnicity/race, indigenous or minority status, colour, socioeconomic status and/or caste, language, religion or belief, political opinion, national origin, marital and/or maternal status, age, urban/rural location, health status, disability, property ownership and identity as a lesbian, bisexual or transgender woman or intersex person. These intersecting factors make it more difficult for women from those groups to gain access to justice.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personas afectadas
- LGBTQI+
- Women
- Año
- 2015
Párrafo
The implementation of the rights of the child during adolescence 2016, para. 60
- Paragraph text
- There should be no barriers to commodities, information and counselling on sexual and reproductive health and rights, such as requirements for third-party consent or authorization. In addition, particular efforts need to be made to overcome barriers of stigma and fear experienced by, for example, adolescent girls, girls with disabilities and lesbian, gay, bisexual, transgender and intersex adolescents, in gaining access to such services. The Committee urges States to decriminalize abortion to ensure that girls have access to safe abortion and post-abortion services, review legislation with a view to guaranteeing the best interests of pregnant adolescents and ensure that their views are always heard and respected in abortion-related decisions.
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Adolescents
- Children
- Girls
- LGBTQI+
- Año
- 2016
Párrafo
The implementation of the rights of the child during adolescence 2016, para. 62
- Paragraph text
- Adolescents are the only age group in which death due to AIDS is increasing. Adolescents may face challenges in gaining access to antiretroviral treatment and remaining in treatment; the need to gain the consent of guardians in order to access HIV-related services, disclosure and stigma are some barriers. Adolescent girls are disproportionately affected, representing two thirds of new infections. Lesbian, gay, bisexual and transgender adolescents, adolescents who exchange sex for money, goods or favours and adolescents who inject drugs are also at a higher risk of HIV infection.
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Adolescents
- Girls
- LGBTQI+
- Año
- 2016
Párrafo
The implementation of the rights of the child during adolescence 2016, para. 70
- Paragraph text
- The Committee notes with concern the numbers of adolescents in marginalized situations who are not given the opportunity to make the transition to secondary education, such as adolescents living in poverty; lesbian, gay, bisexual, transgender and intersex adolescents; adolescents belonging to minorities; adolescents with psychosocial, sensory or physical disabilities; adolescents who are migrating; adolescents in situations of armed conflict or natural disasters; and adolescents in street situations or working. Proactive measures are necessary to end discrimination of marginalized groups in gaining access to education, including by establishing cash transfer programmes, respecting minority and indigenous cultures and children from all religious communities, promoting inclusive education for children with disabilities, combating bullying and discriminatory attitudes within the education system and providing education in refugee camps.
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Adolescents
- Children
- LGBTQI+
- Año
- 2016
Párrafo
The right of the child to freedom from all forms of violence 2011, para. 72g
- Paragraph text
- [Elements to be mainstreamed into national coordinating frameworks. The following elements need to be mainstreamed across the measures (legislative, administrative, social and educational) and stages of intervention (from prevention through to recovery and reintegration):] Children in potentially vulnerable situations. Groups of children which are likely to be exposed to violence include, but are not limited to, children: not living with their biological parents, but in various forms of alternative care; not registered at birth; in street situations; in actual or perceived conflict with the law; with physical disabilities, sensory disabilities, learning disabilities, psychosocial disabilities and congenital, acquired and/or chronic illnesses or serious behavioural problems; who are indigenous and from other ethnic minorities; from minority religious or linguistic groups; who are lesbian, gay, transgender or transsexual; at risk of harmful traditional practices; in early marriage (especially girls, and especially but not exclusively forced marriage); in hazardous child labour, including the worst forms; who are on the move as migrants or refugees, or who are displaced and/or trafficked; who have already experienced violence; who experience and witness violence in the home and in communities; in low socio-economic urban environments, where guns, weapons, drugs and alcohol may be easily available; living in accident- or disaster-prone areas or in toxic environments; affected by HIV/AIDS or who are themselves HIV infected; who are malnourished; looked after by other children; who are themselves carers and heads of households; born to parents who are themselves still under 18; who are unwanted, born prematurely or part of a multiple birth; hospitalized with inadequate supervision or contact with caregivers; or exposed to ICTs without adequate safeguards, supervision or empowerment to protect themselves. Children in emergencies are extremely vulnerable to violence when, as a consequence of social and armed conflicts, natural disasters and other complex and chronic emergencies, social systems collapse, children become separated from their caregivers and caregiving and safe environments are damaged or even destroyed;
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Movement
- Violence
- Personas afectadas
- Children
- Ethnic minorities
- Girls
- LGBTQI+
- Año
- 2011
Párrafo
The implementation of the rights of the child during adolescence 2016, para. 48
- Paragraph text
- The digital environment can also expose adolescents to risks, such as online fraud, violence and hate speech, sexist speech against girls and lesbian, gay, bisexual, transgender and intersex adolescents, cyberbullying, grooming for sexual exploitation, trafficking and child pornography, over-sexualization and targeting by armed or extremist groups. This should not however restrict adolescents' access to the digital environment. Instead, their safety should be promoted through holistic strategies, including digital literacy with regard to online risks and strategies for keeping them safe, strengthened legislation and law enforcement mechanisms to tackle abuse online and fight impunity, and training parents and professionals who work with children. States are urged to ensure the active engagement of adolescents in the design and implementation of initiatives aimed at fostering online safety, including through peer mentoring. Investment is needed in the development of technological solutions on prevention and protection and the availability of assistance and support. States are encouraged to require businesses to undertake child-rights due diligence with a view to identifying, preventing and mitigating the impact of risks on children's rights when using digital media and information and communications technology.
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Violence
- Personas afectadas
- Adolescents
- Children
- Girls
- LGBTQI+
- Año
- 2016
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 41
- Paragraph text
- It is essential that States take all necessary measures to prevent and combat the illicit transfer and non-return of children as well as the worst forms of child labour, including all forms of slavery, commercial sexual exploitation, the use of children for illicit activities, including begging, and hazardous work, and protect them from violence and economic exploitation. The Committees recognize that children face gender-specific risks and vulnerabilities which should be identified and specifically addressed. In many contexts, girls may be even more vulnerable to trafficking, especially for purposes of sexual exploitation. Additional measures should be taken to address the particular vulnerability of girls and boys, including those who might have a disability, as well as children who are lesbian, gay, bisexual, transgender or intersex persons, to trafficking for the purposes of sexual exploitation and abuse.
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Violence
- Personas afectadas
- Boys
- Children
- Girls
- LGBTQI+
- Año
- 2017
Párrafo
Children in street situations 2017, para. 8
- Paragraph text
- Causes, prevalence and experiences of children in street situations differ within and between States. Inequalities based on economic status, race and gender are among the structural causes of the emergence and exclusion of children in street situations. These are exacerbated by material poverty, inadequate social protection, poorly targeted investment, corruption and fiscal (tax and expenditure) policies that reduce or eliminate the ability of poorer people to move out of poverty. Abrupt destabilization, caused by conflict, famine, epidemic, natural disaster or forced eviction, or events leading to displacement or forced migration, further compound the effects of structural causes. Other causes include: violence, abuse, exploitation and neglect at home or in care or educational (including religious) institutions; the death of caregivers; child relinquishment (including through HIV/AIDS); unemployment of caregivers; precarious families; family breakdown; polygamy; exclusion from education; substance abuse and mental ill-health (of children or families); intolerance and discrimination, including against children with disabilities, children accused of witchcraft, former child soldiers rejected by families and children cast out from families as a result of questioning their sexuality or identifying as lesbian, gay, bisexual, transgender, intersex or asexual; and families’ inability to accept children’s resistance to harmful practices, such as child marriage and female genital mutilation.
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Movement
- Poverty
- Social & Cultural Rights
- Personas afectadas
- Children
- LGBTQI+
- Año
- 2017
Párrafo
The implementation of the rights of the child during adolescence 2016, para. 33
- Paragraph text
- Adolescents who are lesbian, gay, bisexual, transgender and intersex commonly face persecution, including abuse and violence, stigmatization, discrimination, bullying, exclusion from education and training, as well as a lack of family and social support, or access to sexual and reproductive health services and information. In extreme cases, they face sexual assault, rape and even death. These experiences have been linked to low self-esteem, higher rates of depression, suicide and homelessness.
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Gender
- Personas afectadas
- Adolescents
- Children
- LGBTQI+
- Año
- 2016
Párrafo
The implementation of the rights of the child during adolescence 2016, para. 34
- Paragraph text
- The Committee emphasizes the rights of all adolescents to freedom of expression and respect for their physical and psychological integrity, gender identity and emerging autonomy. It condemns the imposition of so-called "treatments" to try to change sexual orientation and forced surgeries or treatments on intersex adolescents. It urges States to eliminate such practices, repeal all laws criminalizing or otherwise discriminating against individuals on the basis of their sexual orientation, gender identity or intersex status and adopt laws prohibiting discrimination on those grounds. States should also take effective action to protect all lesbian, gay, bisexual, transgender and intersex adolescents from all forms of violence, discrimination or bullying by raising public awareness and implementing safety and support measures.
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- Adolescents
- Children
- LGBTQI+
- Año
- 2016
Párrafo
Article 9: Liberty and security of person 2014, para. 3
- Paragraph text
- Liberty of person concerns freedom from confinement of the body, not a general freedom of action. Security of person concerns freedom from injury to the body and the mind, or bodily and mental integrity, as further discussed in paragraph 9 below. Article 9 guarantees those rights to everyone. "Everyone" includes, among others, girls and boys, soldiers, persons with disabilities, lesbian, gay, bisexual and transgender persons, aliens, refugees and asylum seekers, stateless persons, migrant workers, persons convicted of crime, and persons who have engaged in terrorist activity.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Boys
- Girls
- LGBTQI+
- Persons on the move
- Año
- 2014
Párrafo
Diversity in humanity, humanity in diversity 2017, para. 36
- Paragraph text
- What are some of the root causes? While more empirical research is needed on the issue, behind the violence and discrimination there is an environment of negative elements: multiple factors, with longitudinal and intergenerational implications. From the health angle, the message from the following citation rings true: Violence against people from key populations has been shown to be a risk factor for HIV acquisition. Such violence is common. It can take various forms — physical, sexual or psychological. Violence is fuelled by the imbalance in the power dynamics of gender and by prejudice and discrimination against persons perceived to depart from conventional gender and sexuality norms and identities. Also, multiple structural factors influence vulnerability to violence, including discriminatory or harsh laws and policing practices and cultural and social norms that legitimate stigma and discrimination. Homophobic violence, too, is increasing in some countries, as more policies and laws have banned same-sex activity and made it a criminal offence. This is likely to increase HIV risk.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Health
- Violence
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Diversity in humanity, humanity in diversity 2017, para. 44
- Paragraph text
- The work of UNICEF is guided particularly by the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women. Its programming on lesbian, gay, bisexual, transgender and intersex issues, and its link with children and youth, is part of its equity strategy to enable all children to develop and realize their potential without discrimination. UNICEF is increasingly looking at child protection through the lens of action against violence and discrimination, inspired by the Sustainable Development Goals. Interestingly, in Goal 16, the target is to eliminate violence against children totally in the next 15 years; this also implies a relationship with sexual orientation and gender identity, in order to leave no children behind.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Violence
- Personas afectadas
- Children
- LGBTQI+
- Women
- Youth
- Año
- 2017
Párrafo
Diversity in humanity, humanity in diversity 2017, para. 48
- Paragraph text
- The work of WHO, particularly in the area of sexual health, has already been referred to above, as has the work of UNHCR on refugees, asylum seekers and stateless persons, particularly in relation to the intersectionality issue. UNHCR has been facing new challenges in regard to recent outflows from the war-related situations in Middle East to Europe and other regions, and it has done key work to raise the profile of sexual orientation and gender identity issues. Meanwhile, UN-Women has been highlighting the rights of lesbians and bisexual, transgender and intersex women and girls; thus has included the mapping of country situations and support for follow-up to the recommendations of human rights treaty bodies and the universal periodic review. For instance, there is an awareness-raising programme on action to end violence against women in Malawi, which includes references to lesbian, bisexual and transgender women. Complementing this, the International Labour Organization is infusing the lesbian, gay, bisexual and transgender issue strongly into its decent work programme, while the World Bank has helped to examine the cost of homophobia as well as to generate data on lesbian, gay, bisexual and transgender exclusion. The World Bank has now a focal point on sexual orientation and gender identity and this provides an important opportunity to address violence and discrimination on the basis of sexual orientation and gender identity, especially with low-income countries. A range of other United Nations agencies and programmes, enhanced by United Nations country teams, are progressively integrating the issue of sexual orientation and gender identity into country programming.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2017
Párrafo
Diversity in humanity, humanity in diversity 2017, para. 35
- Paragraph text
- How aware is the general population of the issue of sexual orientation and gender identity and the interface with violence and discrimination? The reality is often embedded in lack of awareness, misunderstanding, misconceptions and/or ambivalence. Violence and discrimination on the basis of sexual orientation and gender identity often starts being experienced in childhood, at home and in school, for example through bullying. The lack of awareness/knowledge might be compounded by stereotyping, homophobia and transphobia, virulent from the bottom to the top of the social, cultural and political ladder, tailed by the immediacy of social networks. Even among those who are educated, there is at times a cloistered mindset that wrongly looks upon lesbian, gay, bisexual and transgender people as being deviants and being mentally ill. Hate crimes, such as killings, rapes, incitement to violence, and cruel treatment on account of one’s sexual orientation or gender identity, might be paralleled by prejudice, intolerance and bigotry from the personal level to the systemic level.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Violence
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 21
- Paragraph text
- In his first report, the Independent Expert underlined the relationship between sexual orientation and gender identity and other issues, including racism, poverty, migration, disability and other factors. A particular concern to be highlighted here is the plight of children and youth from the perspective of gender diversity. Thus, on the International Day against Homophobia, Transphobia and Biphobia, 17 May 2017, the Independent Expert and a range of United Nations human rights treaty bodies and special procedures, as well as regional mechanisms, issued a joint statement calling for protection of transgender and gender diverse children and adolescents. The following excerpt epitomizes the universal message: We call on States to adopt and implement effective measures prohibiting violence, anti-discrimination laws covering gender identity and expression — real or perceived — as well as sexual orientation as prohibited grounds for discrimination, to develop inclusive curriculums and learning materials, training for and support to teachers and other school staff, education and support programmes for parents, safe and non-discriminatory access to bathrooms, and awareness-raising programmes nurturing respect and understanding for gender diversity. On another front, the mere existence of laws or by-laws criminalizing gender expression including through offences of “cross dressing” or “imitating the opposite sex” and other such discriminatory regulations impact on the liberty and security of these young people, tend to foster a climate where hate speech, violence and discrimination are condoned and perpetrated with impunity. Criminalization and pervasive discrimination in such context lead to the denial of health care, including safe gender affirming procedures, and to the lack of access to information and related services. Pathologizing trans and gender diverse people — branding them as ill based on their gender identity and expression — has historically been, and continues to be, one of the root causes behind the human rights violations against them. We reiterate our call for States to decriminalize and depathologize trans and gender diverse identities and expressions, including for young transgender people, prohibit “conversion therapies” and refrain from adopting new criminalizing laws and pathologizing medical classifications, including in the context of the upcoming review of the International Classification of Diseases. We also call on States to provide equal access to health care and access to gender affirming treatment to those who seek it.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- Adolescents
- Children
- LGBTQI+
- Youth
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 36
- Paragraph text
- On another front, there may also be a need for some criminal laws to tackle violence and discrimination, for example in regard to hate crimes and incitement to hatred, and they should reflect international standards. The situation varies from countries that criminalize same-sex relations to those that do not. There is a need for protection against incitement to hatred in all countries, including in those where same-sex relations are not criminalized. The Independent Expert hopes to explore the broader interface between criminal law, related laws and sexual orientation and gender identity in a future report.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 17
- Paragraph text
- The initiatives of regional organizations have added constructive developments. The European human rights system, the inter-American human rights system, the African human rights system, the Arab Charter on Human Rights and the Association of Southeast Asian Nations (ASEAN) Human Rights Declaration all uphold the right to be free from discrimination and have provisions countering violence to human life that can bolster the protection of persons under the rubric of sexual orientation and gender identity. Importantly, the European Court of Human Rights in 2017 found that forced sterilization (particularly affecting transgender people who wish to have their self-perceived gender identity recognized by the State) was in contravention of human rights; another case found that a local law constraining free speech in relation to sexual orientation was in breach of the Convention for the Protection of Human Rights and Fundamental Freedoms.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 41
- Paragraph text
- The Australian Human Rights Commission noted that consensual same-sex between adults had never been regulated by federal criminal law; however, it was previously a criminal offence in all Australian states and territories. In 1994 the federal Parliament passed the Human Rights (Sexual Conduct) Act 1994, which provided that sexual conduct involving only consenting adults in private was not to be subject, by or under any law of the Commonwealth, a state or a territory, to arbitrary interference with privacy within the meaning of article 17 of the International Covenant on Civil and Political Rights.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 30
- Paragraph text
- The gaps are, however, omnipresent, despite a global trend towards decriminalization of consensual same-sex relationships. More than 70 countries still criminalize same-sex relations, with particular impact on gay and bisexual men and other men who have sex with men. Of those, at least 40 countries criminalize same-sex relations between lesbian and bisexual women and other women who have sex with women. The death penalty may be applied in a number of countries in the African and Asian regions. More particularly, the death penalty is imposed throughout the territory of four countries and in certain provinces of two others, and in two States the death penalty is carried out by non-State actors. In five other States the death penalty could technically be imposed but it is not invoked.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Women
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 59f
- Paragraph text
- The role of United Nations bodies, including the Office of the United Nations Commissioner for Human Rights and the General Assembly, is pivotal in raising the issue of violence and discrimination and in addressing it through integrated measures, with due regard to the recommendations from the United Nations human rights mechanisms, including the Independent Expert, as an impetus for follow-up action. The work of the Office and United Nations human rights presences is important and needs to be bolstered in countries and regions where there are major gaps in human rights protection. That work should be complemented by the catalytic role of United Nations country teams and inter-agency cooperation to help to ensure integration of issues relating to sexual orientation and gender identity into programming and practices;
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 53b
- Paragraph text
- The legal infrastructure of the United Kingdom of Great Britain and Northern Ireland illustrates the range of possibilities. The 2003 Employment Equality (Sexual Orientation) Regulations prohibited discrimination in employment in relation to sexual orientation. Its 2007 Equality Act (Sexual Orientation) Regulations prohibited discrimination on grounds of sexual orientation in the provision of goods, facilities and services, education, housing and public functions. The 2010 Equality Act then included more generally “sexual orientation” among the protected characteristics;
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 59g
- Paragraph text
- States should reform the laws, policies and practices which criminalize consensual same-sex relations, laws that criminalize transgender persons in relation to gender identity and its expression and other vague laws used to arbitrarily detain and harass LGBT persons. Pending reform, the preferred policy is to desist from applying such negative laws and policies. That is only an interim measure and is not a substitute for the needed reform, which should be undertaken efficaciously, guided by international human rights law. States should also take stock of other laws, policies and practices which may have a negative impact on people based on their sexual orientation and gender identity, such as laws on public decency/morality and local practices, coupled with relevant reform to reflect international standards;
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 53i
- Paragraph text
- In stating that same-sex relations are not criminalized in the country, Slovakia observed that the Constitution regulates the principle of equal treatment for all and there is also a national strategy for human rights promotion. Slovenia cited the new Protection against Discrimination Act 2016 which covers, inter alia, sexual orientation, sexual identity or sexual expression. Sexual orientation is also reflected in the Employment Relationship Act. Poland called attention to both the civil law and criminal law. There is an anti-discrimination act of 2010 which covers sexual orientation, while the penal code covers incitement to hatred and violence, encompassing sexual orientation and gender identity. This is paralleled by labour legislation, a national programme for equal treatment and data collection;
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 15
- Paragraph text
- More recently, the views adopted in 2017 by the Human Rights Committee in the case of G. v. Australia, favouring the request of a married transgender person to have a birth certificate that correctly identifies the person’s gender identity, strengthen the right to be free from discrimination, as well as the right to privacy and family.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- Families
- LGBTQI+
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 31
- Paragraph text
- In several countries, laws also specifically criminalize transgender persons based on their gender identity or expression. Some countries criminalize so-called “cross-dressing”, while many others criminalize different forms of gender identity and expression though often vaguely defined laws, leading to various human rights violations of transgender people, including arbitrary arrests and detention.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Diversity in humanity, humanity in diversity 2017, para. 66a
- Paragraph text
- The Independent Expert will follow progressively a workplan to map the linkage between protection against violence and discrimination based on sexual orientation and gender identity and the following key underpinnings: decriminalization of consensual same-sex relations; effective anti-discrimination measures; legal recognition of gender identity; destigmatization linked with depathologization; sociocultural inclusion; and promotion of education and empathy. He welcomes cooperation and information on these issues.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 56
- Paragraph text
- Two of the various underpinnings introduced in the Independent Expert’s first report are singled out for particular attention to help to prevent and overcome violence and discrimination: namely, decriminalization of same-sex relations and gender identity and expression; and effective anti-discrimination measures. The future reports of the Independent Expert, in 2018, will delve into the issues of legal recognition of gender identity; destigmatization linked with depathologization; socio-cultural inclusion; and promotion of education and empathy.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 42
- Paragraph text
- The Human Rights Commission of Malaysia pointed out that, given the sensitivities surrounding issues relating to LGBTI rights in Malaysia, it had adopted a step-by-step approach in addressing such issues. In August 2010, the Commission organized a meeting with various Islamic groups with the objective of gaining a better understanding of Islamic perspectives of LGBTI and of substantiating Islamic sensitivities and views regarding such LGBTI actions as same sex intercourse, cross dressing, imitation of the opposite gender and gender reassignment. The application of the principles of non-discrimination under the Federal Constitution on LGBTI was also discussed. The meeting was followed by a roundtable discussion in 2011 during which participants raised some issues related to sexual minorities, including the need to protect sexual minorities from violence through legal and other forms of protection and redress, to recognize transgender persons by ensuring an enabling environment and to review relevant laws to prevent discrimination, for example through the inclusion of sexual orientation and gender identity as a grounds for discrimination in article 8(2) of the Federal Constitution.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Diversity in humanity, humanity in diversity 2017, para. 29
- Paragraph text
- Interregional cooperation bore fruit when the Inter-American Commission on Human Rights, the African Commission on Human and Peoples’ Rights and the United Nations held a joint dialogue in 2016, calling for more mainstreaming of regional and international norms to counter violence and discrimination, interlinking with the opportunities offered by the Sustainable Development Goals. The joint dialogue acknowledged positive steps from the African region, as follows: African States are almost all characterized by great diversity in their populations, with ethnic, religious and cultural diversity being the common denominator. In line with article 28 of the Charter, which calls on every individual “to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance”, the Commission may advocate for the rights of all persons, including LGBT and intersex persons. In this respect, it can build on positive examples of State action in Africa and elsewhere to respect diversity and protect the human rights of all persons, irrespective of sexual orientation and gender identity. Participants noted that at least 19 African States do not criminalize consensual same-sex relations between adults in their legal systems, that Mozambique in 2014 removed criminal sanctions for such conduct, that Rwanda and other States have resisted recent attempts to introduce such laws into their legal system, that seven States prohibit discrimination in employment on the basis of sexual orientation, that courts in Botswana and Kenya, among others, recently declared the refusal to register LGBT associations to be unconstitutional, and that a number of national human rights institutions (including in Kenya, Uganda and South Africa) have expressed themselves against human rights violations based on sexual orientation or gender identity.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Diversity in humanity, humanity in diversity 2017, para. 27
- Paragraph text
- The inter-American system has offered many contributions to action against violence and discrimination. In addition to its important range of human rights-related declarations and conventions and its regional human rights court and commission, it has appointed a regional rapporteur specifically to cover the issue of lesbian, gay, bisexual, transgender and intersex persons. The General Assembly of the Organization of American States recently approved two treaties which refer to sexual orientation and gender identity directly as grounds on which discrimination must be prohibited: namely the Inter-American Convention Against All Forms of Discrimination and Intolerance and the Inter-American Convention on Protecting the Human Rights of Older Persons.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Diversity in humanity, humanity in diversity 2017, para. 34
- Paragraph text
- The cross-cutting scenario of violence and discrimination is described by the World Health Organization (WHO) as follows: Many people in the world are stigmatized and discriminated against because of their actual or perceived sexual orientation or gender identity. Among other disparities, lesbian, gay and transgender people are significantly more likely than the general population to be targeted for violence and harassment, to contract HIV, and to be at risk for mental health concerns such as depression and suicide. In settings where same-sex consensual sexual behaviour is against the law, people may be deterred from seeking health services out of fear of being arrested and prosecuted.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Health
- Violence
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Diversity in humanity, humanity in diversity 2017, para. 21
- Paragraph text
- Other provisions (e.g. article 7 of the Universal Declaration of Human Rights and article 26 of the International Covenant on Civil and Political Rights) reaffirm the right to equality before the law and equal protection of the law without discrimination. The stricture against discrimination was deliberated upon by the Human Rights Committee in regard to a seminal case, Toonen v. Australia, that concerned the presence of a local law that prohibited same-sex relations. The Committee found that the local law in question violated article 17 of the Covenant in regard to the right to privacy, and that the reference to “sex” in article 2 (1) (as well as in art. 26) covered sexual orientation.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 16
- Paragraph text
- All countries have engaged with the universal periodic review of the Office of the United Nations High Commissioner for Human Rights (OHCHR) and largely with one or more of the special procedures. There has been much coverage of the issue of sexual orientation and gender identity under those mechanisms, particularly from the perspectives of anti-violence and anti-discrimination. A total of 113 States Members of the United Nations from all regions have voluntarily accepted, in the context of the universal periodic review, at least one recommendation to address violence and discrimination based on sexual orientation and gender identity, and this is welcome.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 53h
- Paragraph text
- Switzerland stated that its Constitution has an anti-discrimination provision covering all forms of discrimination, including sexual orientation and gender identity. Civil partnership has been recognized since 2007. Revision of the adoption law in 2016 opens the door to stepchild adoption for same-sex couples. Change of name is also possible in this regard;
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Children
- Families
- LGBTQI+
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 37
- Paragraph text
- The table illustrates recent constructive developments showing how some countries have managed to change their laws concerning prohibition of same-sex relations which were contrary to international standards.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Diversity in humanity, humanity in diversity 2017, para. 46
- Paragraph text
- UNDP has a large number of programmes worldwide on lesbian, gay, bisexual, transgender and intersex issues, and the outreach is both to the pillars of the State (the executive, legislative and judicial branches) and to pillars of the community, such as national human rights institutions, non-governmental organizations and human rights defenders, including platforms for dialogue with local governments. Pursuant to the Sustainable Development Goals, UNDP is working on a lesbian, gay, bisexual, transgender and intersex inclusion index to help generate more data, which will also contribute to policy formulation and programming. Some of the activities are on strengthening HIV responses for men who have sex with men and transgender people, and access to health care, while others are more directly on the legal and social environment for lesbian, gay, bisexual and transgender persons and civil society in a number of countries.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Diversity in humanity, humanity in diversity 2017, para. 59
- Paragraph text
- Regrettably, lesbian, gay, bisexual and transgender persons are excluded from society in many countries: the marginalization and peripheralization are part of a vicious cycle that gives rise to a host of other problems. The atmosphere that excludes people from the sociocultural environment inevitably lends itself to violence and discrimination. The case of transgender persons illustrates this: in many countries, they are often bullied at school, are then pushed out onto the streets and then land up in clandestine professions. They face huge hurdles in accessing other kinds of work and are challenged daily by issues such as access to health care, access to housing, getting an adequate standard of living, and personal safety.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Diversity in humanity, humanity in diversity 2017, para. 53
- Paragraph text
- As noted in a recent UNHCR study: The majority of laws criminalizing same-sex sexual activity were noted by respondents in countries in Africa, Asia-Pacific, and the Middle East and North Africa region, with a few offices also highlighting similar laws targeting transgender identity. While many respondents in the Americas and Europe reported significant progress to ensure adequate legal protection of the human rights of LGBTI persons, there nonetheless remain some countries in these regions with laws that criminalize core aspects of LGBTI expression … While laws targeting LGBTI persons may be written to criminalize specific sexual acts rather than the broader identities of persons with a diverse sexual orientation or gender identity, some offices noted that such laws may nonetheless be used to prosecute individuals who identify as LGBTI. A respondent in a country in the Middle East and North Africa region reported, for instance, that “some LGBTI people have been convicted by the authorities solely for their presumed sexual orientation”, despite the fact that only same-sex activity, rather than LGBTI identity, is criminalized in the country of operation.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Diversity in humanity, humanity in diversity 2017, para. 58
- Paragraph text
- Stigma based on sexual orientation and gender identity, and, concomitantly, violence and discrimination, may arise in a variety of situations, including in the medical and related sectors, and this is linked with the issue of pathologization. Before 1990, even at the international level, homosexuals were classified as mentally ill; this exemplified a pathologizing approach towards sexual and gender identity (looking as lesbian, gay, bisexual and transgender persons as suffering from some form of illness, mental disorder, dysphoria or incongruence), which is now increasingly being questioned. Even though the pathologization facing homosexuals/gays is now no longer the case internationally, at the national and local levels, the situation is still opaque. There are also some parts of the world where gays and lesbians are still being forced into conversion therapy in the distorted belief that this will change their sexual orientation and gender identity. In regard to transgender and intersex persons, the situation is difficult internationally, as they still fall under the International Classification of Diseases, which is now in the process of being adjusted to reduce stigma. There is a further consideration as regards how to ensure sustained access to medical care and services, such as access to hormones and related treatment. The preferred approach should be to ensure access to comprehensive health care for all, without resorting to labels that give rise to stigma. The invitation to destigmatize and depathologize opens the door to more cooperation with the medical, scientific and ethics sectors, to promote shared understanding that sexual orientation and gender identity are part of the natural state of being human, and correlatively, to ensure respect for all persons without distinction.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Diversity in humanity, humanity in diversity 2017, para. 66i
- Paragraph text
- The role of the United Nations, including the Human Rights Council and the General Assembly, is pivotal in order to raise the issue of violence and discrimination and to address it through comprehensive and holistic measures, with due regard for the recommendations of the Independent Expert as an impetus for follow-up action. United Nations human rights presences are important and need to be bolstered in countries and regions where there are major gaps in human rights protection; this is certainly also the case in regard to sexual orientation and gender identity. This should be complemented by the catalytic role of United Nations country teams and inter-agency cooperation to integrate sexual orientation and gender identity issues into programming and practices on the basis of no “protection deficit” and no “protection vacuum”.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- LGBTQI+
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 45
- Paragraph text
- In their submissions to the Independent Expert, civil society organizations have also highlighted important advances and remaining challenges. A non-governmental organization submitting information on China noted that the old “hooligan crime”, which had had an impact on same-sex relations between men, had now been reformed, while gender identities were not criminalized in the country. There remained issues of implementation, for example, in the employment sector, particularly in relation to transgender persons.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Personas afectadas
- LGBTQI+
- Men
- Año
- 2017
Párrafo
Embrace diversity and energize humanity 2017, para. 48
- Paragraph text
- In regard to criminal laws on cross-dressing and other laws with a negative impact on the human rights of transgender persons, a non-governmental submission provided much insight, pointing out that criminalization heavily impacted transgender and gender diverse people. They welcomed the reference in the first report to criminalization of so-called “cross-dressing”. However, there are many other types of gender identity and expression-based criminalization, including “impersonation” provisions as well as inconsistent or unjust implementation of laws on beggary, HIV, sex work, nuisance and loitering in ways that are punitive to transgender persons, most especially toward transgender women. In countries with mandatory military conscription, transgender women who have not been able to change their gender markers and transgender men may face legal or economic consequences in that context. Transgender people may in fact be affected by laws criminalizing same-sex relations, whether or not they are in such a relationship. In many countries, transgender women are perceived as men and transgender men are perceived as women, therefore, a transgender woman with a male partner or a transgender man with a female partner is also included within the criminalization of same-sex conduct. Additionally, there are gay, lesbian, and bisexual transgender persons, who are also targets of those laws and policies. Furthermore, transgender persons are often targeted because of their gender expression, as it is commonly used to assume a person’s sexual orientation.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Women
- Año
- 2017
Párrafo