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Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 30
- Paragraph text
- Some of the most prominent examples include "public morality" laws that have been used selectively against those promoting LGBTI rights. In June 2013, the President of the Russian Federation signed legislation banning "propaganda of non-traditional sexual relations" among minors. There is no legal definition in the Russian law of what constitutes non-traditional sexual relations, but it is widely acknowledged to be code for homosexual relations. While legislators have argued that the main purpose of the law is to protect children, the Committee on the Rights of the Child expressed concern at the law and recommended its repeal, as it found that it encouraged the stigmatization and discrimination of LGBTI children and the targeting and persecution of the LGBTI community (CRC/C/RUS/CO/4-5, para. 25).
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Children
- LGBTQI+
- Año
- 2014
Párrafo
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 15
- Paragraph text
- Despite these recent developments in decriminalization, bringing many States into conformity with international human rights obligations, a significant number of countries maintain criminal penalties for consensual same-sex conduct. Some States have taken steps to broaden the application of existing laws, or to impose harsher penalties for same-sex conduct. Section 365A of the penal code of Sri Lanka formerly prohibited male homosexual acts, but was subsequently amended to be "gender-neutral", resulting in the criminalization of female same-sex conduct. The Parliament of Uganda introduced a bill in October 2009 that would allow for the death penalty as punishment for the violation of certain provisions of the anti-sodomy statute. Uganda, praised by HIV/AIDS activists for its treatment programme and policies, will put its campaign to eliminate HIV in great danger should this bill pass.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- LGBTQI+
- Año
- 2010
Párrafo
Global trends in risks and threats facing human rights defenders 2015, para. 66
- Paragraph text
- The lack of any protection under the law or in practice exacerbates the vulnerability of defenders of the rights of lesbian, gay, bisexual, transgender and intersex persons. Neither the security forces nor judges are trained in regard to respect for the rights of these persons, which leads to major deficiencies in the registering of complaints, prosecuting those responsible for human rights violations and bring them to justice. The defenders also mentioned the lack of resources to enable them to seek legal assistance in cases of discrimination and aggression against them.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the situation of human rights defenders
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Activists
- LGBTQI+
- Año
- 2015
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 38
- Paragraph text
- Adequate and effective complaint and oversight mechanisms are critical sources of protection for at-risk groups that experience abuses in detention. All too often proper safeguards are absent or lacking in independence and impartiality, while fear of reprisals and the stigma associated with reporting sexual violence and other humiliating practices discourage women, girls, and lesbian, gay, bisexual and transgender persons from reporting. In many cases, the vulnerability and isolation of women and girls is compounded by limited access to legal representation, inability to pay fees or bail as a result of poverty, dependence on male relatives for financial support and fewer family visits.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Violence
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 12
- Paragraph text
- A number of States now prohibit discrimination on the basis of sexual orientation, following judicial decisions or the introduction of legislation concerning this issue. In the landmark 1998 case National Coalition for Gay and Lesbian Equality and another v. Minister of Justice and others, the South African Constitutional Court struck down three separate sodomy laws, noting the right of all people to dignity and equality in concluding that discrimination based on sexual orientation was prohibited under the South African Constitution. The Supreme Court of the United States declared Texan sodomy laws unconstitutional in the case of Lawrence v. Texas, on the basis that it infringed on the liberty protected under the Fourteenth Amendment to the Constitution through the criminalization of intimate, consensual sexual conduct.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- LGBTQI+
- Año
- 2010
Párrafo
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 42
- Paragraph text
- The 28 communications sent regarding defenders working on women's rights or gender issues in Europe and Central Asia predominantly concerned LGBT activists in East and Central European countries including Poland, Moldova, Serbia, and the Russian Federation, as well as women's rights activists operating in Uzbekistan and Belarus. Alleged violations against LGBT activists in this region generally related to freedom of assembly or association, such as denial of permits for peaceful rallies or refusal to register an organization. Other reported violations against women's rights defenders were again largely judicial by nature, including arrests, detentions, judicial harassment, and conviction.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the situation of human rights defenders
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Activists
- LGBTQI+
- Women
- Año
- 2011
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70e
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Divert women and girls away from the criminal justice system and towards appropriate services and programmes, whenever appropriate, and implement alternatives to detention such as absolute or conditional discharge, verbal sanctions, arbitrated settlements, restitution to the victim or a compensation order, community service orders, victim-offender mediation, family group conferences, sentencing circles, drug rehabilitation programmes and other restorative processes, services and programmes;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Gender
- Governance & Rule of Law
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 58
- Paragraph text
- The human rights activities carried out by those subjected to threats and death threats in the Americas region ranged very widely. Among the groups which appear to be most at risk are women defenders working to fight impunity for alleged human rights violations, particularly in Brazil, Colombia, Guatemala, Mexico, and Peru. Moreover, those working on indigenous rights also appear to be at risk, particularly in Brazil, Chile, Colombia, Ecuador, Guatemala, and Honduras; trade unionists, particularly in Colombia and Guatemala; and women's rights and/or LGBT defenders in the region.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the situation of human rights defenders
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personas afectadas
- Activists
- Ethnic minorities
- LGBTQI+
- Women
- Año
- 2011
Párrafo
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 18
- Paragraph text
- [Various international law instruments point to particular principles and measures that States should adopt in order to achieve non-discrimination and equality. For example, States should:] Protect people from homophobic and transphobic violence, prevent torture and cruel, inhuman and degrading treatment on the grounds of sexual orientation and gender identity and also prohibit discrimination on those grounds, repeal laws criminalizing homosexuality, safeguard the freedoms of expression, association and peaceful assembly for LGBTI people and recognize the rights of LGBTI people to enjoy or exercise, on an equal basis with others, all human rights and fundamental freedoms (A/HRC/19/41);
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- LGBTQI+
- Año
- 2014
Párrafo
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 11
- Paragraph text
- The European Court of Human Rights has held that discrimination based on sexual orientation or gender identity is in violation of human rights. In 1981, in Dudgeon v. United Kingdom, the European Court of Human Rights determined that the criminalization of private homosexual acts constituted an unjustified interference with the right to privacy enshrined within article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The United Nations Human Rights Committee in Toonen v. Australia subsequently ruled that "sex" discrimination includes discrimination based upon sexual orientation, noting that criminalization was not a reasonable measure to prevent spread of HIV/AIDS. In S.L. v. Austria, the European Court of Human Rights also held that differences in the treatment of heterosexual and homosexual populations based on age of consent had no objective and reasonable justification, and was therefore discriminatory.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- LGBTQI+
- Año
- 2010
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.
- Condicón jurídica
- Non-negotiated soft law
- 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
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.
- Condicón jurídica
- Non-negotiated soft law
- 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. 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;
- Condicón jurídica
- Non-negotiated soft law
- 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;
- Condicón jurídica
- Non-negotiated soft law
- 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;
- Condicón jurídica
- Non-negotiated soft law
- 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;
- Condicón jurídica
- Non-negotiated soft law
- 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
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 16
- Paragraph text
- Conversely, an article proposed for inclusion in the penal code of Rwanda that would have carried penalties ranging from 5 to 10 years' imprisonment for any person who "practices, encourages or sensitizes people of the same sex, to sexual relation or any sexual practice" was recently rejected. The Minister of Justice of Rwanda, Tharcisse Karugarama, stated that "… sexual orientation is a private matter and each individual has his or her own orientation - this is not a State matter at all".
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- LGBTQI+
- Año
- 2010
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70y
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Ensure that all places of detention are subjected to effective oversight and inspection and unannounced visits by independent bodies established in conformity with the Optional Protocol to the Convention against Torture, as well as by civil society monitors; and ensure the inclusion of women and lesbian, gay, bisexual and transgender persons and other minority representation on monitoring bodies;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70x
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Monitor and supervise all places of detention in a gender-sensitive manner and ensure that allegations of abuse are effectively investigated and perpetrators brought to justice; and ensure the availability of adequate, speedy and confidential complaint mechanisms in all places of detention;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Use of legislation to regulate activities of human rights defenders 2012, para. 35
- Paragraph text
- The Special Rapporteur emphasizes that the Human Rights Committee has found adult consensual sexual activity in private to be part of a person's privacy, which is protected under article 17 of the International Covenant on Civil and Political Rights (CCPR/C/50/D/488/1992, para. 8.2). Laws criminalizing consensual homosexual acts conducted in private violate a person's rights to privacy and to freedom from discrimination on the basis of sexual orientation and gender identity, in breach of applicable international human rights law (A/HRC/19/41, para. 41). Defenders working on these issues are advocating human rights standards that are internationally recognized. States should therefore ensure that defenders working to promote lesbian, gay, bisexual and transgender rights can do so in a conducive and open environment without fear of persecution. Given that it is the right of human rights defenders to develop and discuss new human rights ideas and principles and to advocate their acceptance under article 7 of the Declaration on Human Rights Defenders, it is the responsibility of the State to ensure that its legislation relating to public morals caters to this right and does not compromise the rights of defenders to freedom of expression, freedom of association and freedom of peaceful assembly.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the situation of human rights defenders
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Activists
- LGBTQI+
- Año
- 2012
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 24
- Paragraph text
- Article 71 of the Charter of the United Nations, for example, is implemented primarily via the United Nations Committee on Non-Governmental Organizations, which recommends Economic and Social Council status for NGOs wishing to participate in the Council. Status is required of NGOs to attend and participate in many United Nations meetings, and to make statements before the Human Rights Council. The Special Rapporteur received numerous complaints that the process of obtaining Council status is long, complex, costly, beyond the capability of many small civil society organizations and impossible to obtain for informal organizations and grass-roots networks, in particular those which do not have access to the Internet. This has resulted in a perceived underrepresentation of smaller organizations, such as lesbian, gay, bisexual and transgender groups and civic organizations from the Global South. In addition to these practical barriers, NGO applicants also face political ones. The Special Rapporteur reviews both in section IV below.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- LGBTQI+
- Año
- 2014
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.
- Condicón jurídica
- Non-negotiated soft law
- 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.
- Condicón jurídica
- Non-negotiated soft law
- 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. 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.
- Condicón jurídica
- Non-negotiated soft law
- 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
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.
- Condicón jurídica
- Non-negotiated soft law
- 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
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 33
- Paragraph text
- The Special Rapporteur recalls that States are prohibited from returning anyone to a situation where there are substantial grounds to believe that the person may be subject to torture or ill-treatment. The prohibition of refoulement is absolute and an important additional source of protection for women, girls, and lesbian, gay, bisexual and transgender persons who fear such treatment in their countries of origin.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
The World Bank and human rights 2015, para. 44
- Paragraph text
- The President sought to make the case that serious institutional discrimination had economic costs that the Bank could legitimately take into account, but the same argument applies to equally problematic forms of discrimination against different groups in a large number of countries in which the Bank continues to operate, and in response to which no action has been taken. No convincing justification was put forward by the Bank as to why Uganda alone was singled out among the various countries that have laws that criminalize homosexuality. No explanation was given as to why discrimination against lesbian, gay, bisexual, transgender and intersex communities was the trigger for action, rather than often deeply entrenched official discrimination against various other groups. Nor was the action based on any policy document that had previously been elaborated. And finally, if the Bank itself had been directly implicated in the issue at hand, urgent remedial action would have been much more readily defensible, but it was not.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- LGBTQI+
- Año
- 2015
Párrafo
Gender-related killings of women 2012, para. 93
- Paragraph text
- The Committee against Torture has stated that the definition of torture includes the principle of non-discrimination on any grounds, including gender, sexual orientation and transgender identity. Thus, States are obliged to protect certain minority or marginalized individuals or populations especially at risk of torture, and should ensure such protection by fully prosecuting and punishing all acts of violence and abuse and ensuring implementation of other positive measures of prevention and protection. The Human Rights Council, in its resolution 17/19, requested the United Nations High Commissioner for Human Rights to present a study documenting discriminatory laws and practices and acts of violence against individuals based on sexual orientation and gender identity.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- LGBTQI+
- Año
- 2012
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.
- Condicón jurídica
- Non-negotiated soft law
- 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. 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.
- Condicón jurídica
- Non-negotiated soft law
- 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