A/HRC/53/37 rather than a shield, privileging the individual conscience and beliefs of some at the expense of the rights of others”.5 7. Indeed, in international human rights law, freedom of religion or belief is distinct from religion: it protects individuals’ freedom to possess and express beliefs, whether religious or not, and whether individually or in community with others, and to shape their lives in conformity with their own convictions. 6 Religious freedom is an expansive idea, “encompassing both freedom of religion and freedom from religion”,7 and is “perceived as a general right which protects a whole range of non-institutional and dissenting views”.8 8. In the present report, the Independent Expert concludes that freedom of religion or belief and freedom from violence and discrimination based on sexual orientation and gender identity are fully compatible under international human rights law. Furthermore, the Independent Expert demonstrates that the way in which some religious narratives are used to justify violence and discrimination is contrary to the human rights of LGBT persons. In addition, the Independent Expert gathers and systematizes a wide range of good and best practices showing that freedom of religion or belief is part of the framework that enables the enjoyment of the human rights of LGBT persons. II. Legal framework A. Freedom from violence and discrimination based on sexual orientation and gender identity 9. That all persons should live free from violence and discrimination based on their sexual orientation and/or gender identity is not an idea from a particular part of the world; it is an international standard.9 Nevertheless, the State obligation to adopt measures to eradicate such violence and discrimination continues to face opposition. Governments, religious institutions and other actors attempt to justify that opposition in global, regional and national forums on the ground that diversity in sexual orientation or gender identity contravenes certain religious tenets or sociocultural beliefs.10 One of the following three arguments is usually deployed: (a) LGBT persons do not exist within the jurisdiction of a certain State11 or within certain religious or belief communities;12 (b) Sexual orientation and gender identity exist only subjectively, in the conscience of individuals, and are not protected under international human rights law; 13 in case of any clash with a manifestation of religion or belief, it is the latter that must be protected. 14 In particular, certain interests promote “a ‘rebalancing’ of human rights in accordance with ‘traditional values’”, where freedom of religion or belief is repositioned as “an unalienable right to which other human rights should be ceded”.15 The now defunct United States Commission on Unalienable Rights and the Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family are two outcomes of that type of thinking. A corollary of that line of argumentation is that LGBT persons are seeking new or special rights;16 5 6 7 8 9 10 11 12 13 14 15 16 GE.23-10841 Submission from Human Rights Watch. A/71/269, para. 11. Submission from Catholics for Choice. Submission from Humanists International. A/HRC/35/36, paras. 20–33. See A/HRC/43/48. A/HRC/38/43, paras. 62–65. Submission from the Coalition for Child Protection. Submissions from the Center for Family and Human Rights and Heritage Foundation. Submission from the Center for Family and Human Rights. Submission from Humanists International. Joint submission from Family Watch International and the United Nations Family Rights Caucus; and submission from the Heritage Foundation. 3