Astuces de recherche
trié par
163 Listé sur un total de 163 Entités
Droits à la santé et ODD3
- Organe
- Expert indépendant sur la protection contre la violence et la discrimination fondées sur l’orientation sexuelle et l’identité de genre
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2022
- Code du document
- A/HRC/50/27
- Date ajouter
- 22 janv. 2024
Document
Droit et inclusion
- Organe
- Expert indépendant sur la protection contre la violence et la discrimination fondées sur l’orientation sexuelle et l’identité de genre
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2021
- Code du document
- A/HRC/47/27
- Date ajouter
- 22 janv. 2024
Document
Pratique des thérapies dites « de conversion »
- Organe
- Expert indépendant sur la protection contre la violence et la discrimination fondées sur l’orientation sexuelle et l’identité de genre
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2020
- Code du document
- A/HRC/44/53
- Date ajouter
- 22 janv. 2024
Document
Collecte et gestion des données
- Organe
- Expert indépendant sur la protection contre la violence et la discrimination fondées sur l’orientation sexuelle et l’identité de genre
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2019
- Code du document
- A/HRC/41/45
- Date ajouter
- 22 janv. 2024
Document
Premier rapport de Victor Madrigal-Borloz
- Organe
- Expert indépendant sur la protection contre la violence et la discrimination fondées sur l’orientation sexuelle et l’identité de genre
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2018
- Code du document
- A/HRC/38/43
- Date ajouter
- 22 janv. 2024
Document
Colonialisme
- Organe
- Expert indépendant sur la protection contre la violence et la discrimination fondées sur l’orientation sexuelle et l’identité de genre
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2023
- Code du document
- A/78/227
- Date ajouter
- 22 janv. 2024
Document
Paix et sécurité
- Organe
- Expert indépendant sur la protection contre la violence et la discrimination fondées sur l’orientation sexuelle et l’identité de genre
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2022
- Code du document
- A/77/235
- Date ajouter
- 22 janv. 2024
Document
Pratiques d’exclusion
- Organe
- Expert indépendant sur la protection contre la violence et la discrimination fondées sur l’orientation sexuelle et l’identité de genre
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2021
- Code du document
- A/76/152
- Date ajouter
- 22 janv. 2024
Document
La COVID 19
- Organe
- Expert indépendant sur la protection contre la violence et la discrimination fondées sur l’orientation sexuelle et l’identité de genre
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2020
- Code du document
- A/75/258
- Date ajouter
- 22 janv. 2024
Document
Inclusion socio-culturelle et économique
- Organe
- Expert indépendant sur la protection contre la violence et la discrimination fondées sur l’orientation sexuelle et l’identité de genre
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2019
- Code du document
- A/74/181
- Date ajouter
- 22 janv. 2024
Document
Reconnaissance légale de l'identité de genre et dépathologisation
- Organe
- Expert indépendant sur la protection contre la violence et la discrimination fondées sur l’orientation sexuelle et l’identité de genre
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2018
- Code du document
- A/73/152
- Date ajouter
- 22 janv. 2024
Document
Diversity in humanity, humanity in diversity
- Organe
- Expert indépendant sur la protection contre la violence et la discrimination fondées sur l’orientation sexuelle et l’identité de genre
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2017
- Code du document
- A/HRC/35/36
- Date ajouter
- 19 août 2019
Document
Embrace diversity and energize humanity
- Organe
- Expert indépendant sur la protection contre la violence et la discrimination fondées sur l’orientation sexuelle et l’identité de genre
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2017
- Code du document
- A/72/172
- Date ajouter
- 19 août 2019
Document
Diversity in humanity, humanity in diversity 2017, para. 26
- Paragraph text
- The initiatives of regional organizations have led to constructive developments. The European human rights system has evolved greatly and proactively on the issue of sexual orientation and gender identity. The Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) has flourished, with important case work on sexual orientation and gender identity being carried out. Furthermore, a number of articles of the Convention, on such matters as the right to non-discrimination, the prohibition of torture, the right to privacy and the right to freedom of expression have been the subject of judicial deliberation. There have been a variety of cases before the European Court of Human Rights, covering a wide expanse of Europe and interlinking geographically with the furthest reaches of Asia, with much innovative thinking. In parallel to this, the European Union, with its Charter of Fundamental Rights, has strengthened measures against violence and discrimination on the basis of sexual orientation and gender identity, including via the collection and collation of data through the European Union Agency for Fundamental Rights to inform policymaking and action.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 20
- Paragraph text
- Recent welcome developments at the national level include a new law enacted by the Parliament of Canada (Bill C-16) expanding protection under the Canadian human rights law to cover transgender persons, including protection from hate speech, and in Germany and Taiwan Province of China, moves towards recognition of same-sex marriage. In India, the Ministry of Drinking Water and Sanitation issued guidelines in April 2017, directed to all states, to allow transgender persons to use the facility of their choice in community or public toilets, and a Ministry of Health and Family Welfare resources kit for adolescents explains that same-sex attraction is normal. Peru introduced a new education curriculum on 1 January 2017 which makes it mandatory to teach about sexual and reproductive rights, abortion, sexual orientation and gender identity, and in March 2017 Japan updated its basic policy for the prevention of bullying, which expressly protects sexual and gender minority students. Several initiatives have also been taken in 2017 to ban “conversion therapy”, for example in Taiwan, Province of China, in the State of Victoria (Australia) and in the State of California (United States of America).
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 62
- Paragraph text
- The present report is the first report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, and its theme is “diversity in humanity, humanity in diversity”. The phenomenon of violence and discrimination based on sexual orientation and gender identity is both local and global, requiring strong national and international countermeasures to promote respect for sexual and gender diversity under the umbrella of international human rights law. In recognizing that everyone has some form of sexual orientation and gender identity, there is the regrettable reality that some groups and persons are affected by violence and discrimination, precisely because they are viewed as having a sexual orientation and gender identity that is different from a particular societal norm. This is enmeshed in the political, social, cultural and economic setting of each country, which invites a context-specific analysis and understanding of each scenario. While human rights are inherent to all persons without distinction, the situation facing those groups and persons may vary; it is not necessarily homogeneous.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 41
- Paragraph text
- This is a key area, where the work of the Independent Expert can help to support cooperation to prevent and overcome violence and discrimination on the basis of sexual orientation and gender identity. Important work is already being done to counter such violence and discrimination and it can be further strengthened. The joint statement from 12 United Nations entities (see para. 14 above) was a major intersectional and intersectoral breakthrough in terms of inter-agency cooperation, between the Office of the United Nations High Commissioner for Human Rights (OHCHR), the United Nations Development Programme (UNDP), the United Nations Population Fund (UNFPA), UNHCR, the United Nations Children’s Fund (UNICEF), the United Nations Office on Drugs and Crime, the World Food Programme, the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), the International Labour Organization, the United Nations Educational, Scientific and Cultural Organization (UNESCO), WHO, the World Bank and the Joint United Nations Programme on HIV/AIDS (UNAIDS). At the public consultation held by the Independent Expert in January 2017, there was similar advocacy from the United Nations Human Settlements Programme (UN-Habitat), and the list of cooperating organizations can be expanded.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Violence
- Personnes concernées
- Women
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 17
- Paragraph text
- The entry point for the mandate holder is action against violence and discrimination. This is based on existing international human rights law and its interrelationship with sexual orientation and gender identity; there is no advocacy of new rights for particular groups.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 24
- Paragraph text
- The Independent Expert took part in a lecture at a seminar for human rights defenders in Manila, highlighting in particular the channels for activating communications through the United Nations special procedures to seek protection and redress. He attended various European activities in relation to the International Day against Homophobia, Transphobia and Biphobia in Brussels, calling for strategic action to overcome violence and discrimination, including the need for human rights-sensitive laws, policies, programmes, case enforcement in the courts, accessible mechanisms and personnel, resources, education and monitoring, data generation, accountability provisions, and networking and mobilization for national reforms to comply with international standards. During the regular session of the Human Rights Council in March 2017, he contributed to a panel on transgender persons, mental health and human rights and advocated the need to engage more strongly with the health sector, particularly on such issues as conversion therapy, forced sterilization, medical diagnosis and counselling, all of which might be interlinked with violence and discrimination, as well as the need for comprehensive health care for all. Concurrently, he helped to train human rights defenders from several parts of the world on the issue of sexual orientation and gender identity in a session organized by a non-governmental organization.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Activists
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 23
- Paragraph text
- Since the first report submitted by the Independent Expert, he has attended a range of conferences and consultations and participated in related activities. For example, he participated in a conference in New York in early 2017 on the role of the business sector in the integration of sexual orientation and gender identity into their policy and practices, as monitored by a gender equality index and as recognized through a number of awards for exemplary performance. Indicators for measuring performance include the need for specific corporate policy reflecting sexual orientation and gender identity at the administrative level as well as in the entire work place, with training for mutual respect and provision of remedies in the case of discrimination. The Independent Expert highlighted the importance of incentivization in the work place, side by side with accountability, as well as integration of the message of non-discrimination throughout the supply chain and interaction with small-scale industries, which are often closest to the general population, particularly in developing countries. When the workplace personifies an environment of non-discrimination and both management and workers feel a sense of inclusion and belonging, there is a key dividend in both economic and social terms, adding to the positive value chain in the global-local dynamic.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 1
- Paragraph text
- The theme of the present report is “Embrace diversity and energize humanity”. It has been submitted by Vitit Muntarbhorn, who in 2016 was appointed as the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, pursuant to Human Rights Council resolution 32/2. He wishes to warmly thank Governments, international organizations, non-governmental organizations, communities, individuals and other stakeholders for their kind support. In accordance with the request of the Council in its resolution 32/2, paragraph 4, the first report of the Independent Expert was submitted to the Council in April 2017 (A/HRC/35/36). The present report is submitted in line with paragraph 4 of the same resolution, in which the Council requested the Independent Expert to present a report to the General Assembly at its seventy-second session. The Independent Expert will elaborate upon the six underpinnings mentioned in his first report, adjusted as follows: decriminalization of consensual same-sex relations and of gender identity and expression; effective anti-discrimination measures; legal recognition of gender identity; destigmatization linked with depathologization; sociocultural inclusion; and education with empathy. The present report (part one) will address the first two underpinnings, decriminalization and anti-discrimination. Parts two and three, due in 2018, will deal with the other underpinnings consecutively.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 66d
- Paragraph text
- States are urged to follow up effectively on the various recommendations from the human rights treaty bodies, the universal periodic review and the special procedures in order to ensure improved protection from violence and discrimination on the basis of sexual orientation and gender identity. Linkage with and support for OHCHR is also important in this regard.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 66b
- Paragraph text
- For the second report, due later in 2017 for the General Assembly, the Independent Expert aims to address the key underpinnings outlined above in further detail. In this regard, Governments and other entities concerned are invited to send the Independent Expert relevant information by the beginning of July 2017 so as to enable him to prepare the next report on the basis of information from a range of sources.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 51
- Paragraph text
- Various elements interrelate closely with the root causes and environment behind the violence and discrimination. On that matter, the underpinnings outlined in the following paragraphs will be dealt with progressively by the Independent Expert as part of a workplan and mapping exercise, in the coming years. They are discussed succinctly in the present report, as a precursor to other more detailed reports that will follow in the future.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 39
- Paragraph text
- Violence and discrimination often appear not as singular events but as part of a prolonged vicious circle. They are multiple and multiplied — inextricably linked emotionally, psychologically, physically and structurally. They intersect in a variety of ways, and most clearly where the victim is not only attacked or discriminated against for having a different sexual orientation and gender identity but also on grounds of race, ethnic origin, age, gender, or membership of a minority or indigenous community. The person might also be a child, a young girl, an intersex person, a refugee, an internally displaced person, a migrant worker, a person with a disability, and more. This intersectionality involves a conglomeration of incidents, actors, perpetrators, and victims — the latter being revictimized an infinite number of times, possibly in different phases of life. The situation becomes aggravated precisely because of the convoluted nature of the phenomenon, where crimes are replicated against the same victims and where impunity prevails subsequently, from the home to the school, to the community, to the nation State and to the international spectrum. In today’s cyber world and social media, incitement to hatred and violence driven by hate speech relating to sexual orientation and gender identity has an exponential reach, spinning the web of violations in real time and into the future.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Violence
- Personnes concernées
- Children
- Ethnic minorities
- Girls
- Persons on the move
- Youth
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 31
- Paragraph text
- The ASEAN Human Rights Declaration, of 2012, stipulates that: Every person is entitled to the rights and freedoms set forth herein, without distinction of any kind, such as race, gender, age, language, religion, political or other opinion, national or social origin, economic status, birth, disability or other status.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 13
- Paragraph text
- The present section highlights developments in the past few months, particularly in relation to action against violence and discrimination at the international and national levels, the intersectionality between sexual orientation and gender identity and other issues, such as children and youth, and the Independent Expert’s dialogues and support for international and national cooperation. Good practices and gaps are identified in sections V and VI on decriminalization and anti-discrimination, respectively.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- Children
- Youth
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 45
- Paragraph text
- OHCHR has been instrumental in preparing various reports and studies on violence and discrimination on the basis of sexual orientation and gender identity. In particular, the publications Born Free and Equal: Sexual Orientation and Gender Identity in International Human Rights Law and Living Free and Equal offer very useful information with global coverage. OHCHR supports the human rights treaty bodies, the universal periodic review and the special procedures in their work and helps to mainstream the issue into a cross-cutting United Nations setting. Together with other partners, it helps to organize the annual International Day Against Homophobia, Transphobia and Biphobia event. Its field presences around the world assist in disseminating information, collecting information and addressing cases where there are violations, with a view to strengthening human rights protection on the basis of sexual orientation and gender identity. Its Free and Equal campaign is a broad information campaign, with publications, films and videos raising the profile of sexual orientation and gender identity from the angle of action against violence and discrimination. Particularly popular are the videos Faces, which captures the myriad contributions by lesbian, gay, bisexual, transgender and intersex persons to families and communities, The Welcome, which provides a human rights message with a Bollywood touch, complete with music, and The Riddle, which examines the abuses facing lesbian, gay, bisexual and transgender persons across the globe.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 22
- Paragraph text
- Under the International Covenant on Economic, Social and Cultural Rights, the monitoring committee has affirmed that the right to non-discrimination guaranteed by the Covenant includes sexual orientation, gender identity and sex characteristics. Under the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, the monitoring committees have issued general comments and have made recommendations to States covering respect for sexual orientation and gender identity.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Children
- Women
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 59i
- Paragraph text
- States should ensure that a variety of stakeholders adopt educational and capacity-building measures in regard to sexual orientation and gender identity to nurture empathy towards the diversity inherent to humanity, from a young age. They should also strengthen capacity-building of law enforcers and related personnel, including through integration of sexual orientation and gender identity into their training and educational curriculum, to enhance understanding for sexual and gender diversity.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Gender
- Personnes concernées
- Youth
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 59h
- Paragraph text
- Adoption of effective anti-discrimination measures by States is critically needed; these measures vary from laws to policies and other action in a comprehensive and human rights-responsive setting. They are tested by access to justice and accessible means of redress, as well as a preventive strategy based on mobilizing the community to understand sexual orientation and gender identity and the call for inclusivity to accord protection to all persons without violence and discrimination;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 57
- Paragraph text
- In regard to the first underpinning, it is most disconcerting that a number of countries criminalize consensual same-sex relations as well as gender identity and its expression. As identified by the Independent Expert, constructive changes are possible, and checks and balances at the national level, together with the role of civil society, non-governmental organizations and national human rights institutions, help to energize the path to reform and compliance with international standards.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 66j
- Paragraph text
- The Independent Expert is firmly committed to building bridges, that are anchored on the mandate, with a broad range of actors and stakeholders (governmental, intergovernmental and non-governmental), and looks forward to constructive dialogue and cooperation, with more country visits — premised on international human rights law, reflective of local wisdom and resonant with the universal message of “diversity in humanity, humanity in diversity”.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 66e
- Paragraph text
- The Sustainable Development Goals offer an opportunity to tackle violence and discrimination, also in regard to sexual orientation and gender identity, and this opportunity should be taken full advantage of in order to ensure that no one is left behind, without exception or distinction. This avenue can allow Governments and other actors to generate data and information in a disaggregated manner so as to facilitate future planning and allocation of resources.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 59a
- Paragraph text
- States are encouraged to ratify the core international human rights treaties (if they have not yet done so) and to implement them fully, including in regard to respect for sexual orientation and gender identity, in cooperation with other partners. States are urged to follow up the various recommendations under the universal periodic review and from the United Nations treaty bodies and special procedures effectively to ensure improved protection from violence and discrimination based on sexual orientation and gender identity;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 52
- Paragraph text
- Despite significant advances, important gaps remain, in particular when it comes to measures aimed at protecting discrimination based on gender identity and expression, as illustrated by the fact that fewer than half of the countries which offer legal protection from discrimination explicitly include transgender identities as grounds for discrimination. In addition, only a few States prohibit discrimination in all spheres of life; some legislation fails to cover the private sector; and other laws are not properly enforced.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 19
- Paragraph text
- Participants in a meeting of national human rights institutions from the African region in 2017 expressed such a welcome perspective, noting that, in Africa, religion was inevitable. There was no process of inclusion and evolution of any type that could happen without faith leaders being one major actor. National human rights institutions could engage with already existing inclusive faith leaders and faith-based organizations that were advocating the rights of all. The positive voices provided opportunities to build on.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 43
- Paragraph text
- The UNESCO report entitled “Out in the open: education sector responses to violence based on sexual orientation and gender identity/expression”, published in 2016, provides a wealth of information in this regard. UNESCO has also been working to promote understanding of lesbian, gay, bisexual, transgender and intersex issues in China, with a series of initiatives that includes training of trainers on education on lesbian, gay, bisexual, transgender issues, and with non-governmental help, research for textbooks covering sexual orientation and gender identity has been carried out.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 30
- Paragraph text
- Other regional human rights instruments offer opportunities for advocacy against violence and discrimination. For instance, it is stated in the Arab Charter on Human Rights, of 2004, in its article 3, that: Each State party to the present Charter undertakes to ensure to all individuals subject to its jurisdiction the right to enjoy the rights and freedoms set forth herein, without distinction on grounds of race, colour, sex, language, religious belief, opinion, thought, national or social origin, wealth, birth or physical or mental disability.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 25
- Paragraph text
- Action against violence and discrimination has been espoused more recently in the 17 globally agreed Sustainable Development Goals, to which all countries are committed, with a framework of 2015-2030 for operationalization. Goal 16, which covers inclusive societies and access to justice, aims to bring about substantial reductions of violence and to promote anti-discrimination measures, on the basis of leaving no one behind. An all-inclusive approach invites effective coverage of all persons whatever their sexual orientation or gender identity.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 23
- Paragraph text
- All countries have engaged with the Human Rights Council’s universal periodic review and most have engaged with one or more of the special procedures. There has been much coverage of the issue of sexual orientation and gender identity under these mechanisms, particularly from the angle of anti-violence and anti-discrimination, such as in the work of the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 59
- Paragraph text
- The following initial recommendations invite constructive responses from a variety of actors, including States, in cooperation with other stakeholders:
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 66
- Paragraph text
- The following initial recommendations invite constructive responses from a variety of actors, particularly States, in cooperation with other stakeholders:
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 65
- Paragraph text
- Various underpinnings are singled out for particular attention to help prevent and overcome the negative elements of that environment and these will be dealt with in greater detail in future reports of the Independent Expert.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 60
- Paragraph text
- The Independent Expert looks forward to interlinking consistently with a broad range of stakeholders at the national, regional and international levels, and to embracing diversity and energizing humanity, grounded in the commitment to multilateralism and international law, with the traction for catalytic cooperation and positive change.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 59c
- Paragraph text
- There is a need to build checks and balances, especially at the national level, to prevent abuse of power and to ensure compliance with human rights. States should explore collaboration not only with the executive branch of Government, but also with parliamentarians, the judiciary and other actors who may assist in weighing the various actions at the national level to ensure respect for international human rights standards;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 59b
- Paragraph text
- The Sustainable Development Goals offer an opportunity to tackle violence and discrimination, also in regard to sexual orientation and gender identity, and that opportunity should be maximized to ensure that no one is left behind without exception or distinction. They are also an avenue for Governments and other actors to generate data and information in a disaggregated manner so as to facilitate future planning and allocation of resources;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 55
- Paragraph text
- The present report builds upon the first report submitted by the Independent Expert in April 2017. Recent developments, particularly in regard to development of human rights law and practice at the international and national levels, intersectionality between sexual orientation and gender identity and other issues concerning violence and discrimination, dialogue and cooperation between the Independent Expert and stakeholders, are considered.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 54
- Paragraph text
- The Independent Expert recognizes that participation by LGBTI groups in a variety of professions and positions can also generate role models which can help to overcome stereotypes and prejudices. Countries could consider, for example, how many LGBTI persons have access to employment opportunities, such as in the judiciary and the police, which could be part of the economic and social dividend. Specifically, how many transgender judges have been appointed?
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53r
- Paragraph text
- The submission from the human rights Ombudsman of Guatemala called for more explicit integration of sexual orientation and gender identity into the legal framework as well as measures to counter the violence in the country. The extensive violence is much highlighted by non-governmental organization sources. Lack of knowledge of the law and difficult access to justice may also hamper implementation of a State’s anti-discrimination law.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53o
- Paragraph text
- A non-governmental organization from Peru observed that the Constitutional Tribunal in 2016 helped to resolve the situation of transgender persons by underlining that it is not a pathological condition and that human rights must be respected on the basis of equality for all and without discrimination;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53n
- Paragraph text
- A non-governmental organization noted that the law on violence against women in Colombia 2008 covers violence against lesbian and bisexual women. There is also intersectionality with conflict and land restitution issues and action against racism. In Latin America, the legalization of civil unions and/or marriage is also a constructive sign of the times; same-sex marriage is legal in a large number of countries, including Argentina, Brazil, Colombia, Mexico and Uruguay;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- LGBTQI+
- Women
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53l
- Paragraph text
- While noting the criminal law impacting sexual orientation, a non-governmental source in Pakistan illustrated the varying context in the country, with measures from the authorities relating to gender identity, including the formation of a national task force by the federal ombudsman and a protection policy for transgender and intersex persons being drafted by the National Commission for Human Rights in cooperation with the transgender community;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53k
- Paragraph text
- A source indicated that, in Ukraine, proposals to introduce laws in the form of the so-called “homosexuality anti-propaganda law” and based on “traditional family values” were withdrawn in 2015, and the legal framework has become more supportive of sexual orientation and gender identity;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Families
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53j
- Paragraph text
- Spain noted that non-discrimination has been integrated into a variety of regional legislation, complemented by criminal provisions against hate crimes. There are a means for registration of hate-related incidents; special prosecutions in this regard; and a protocol of action for police officers in relation to crimes of hatred and discrimination;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53g
- Paragraph text
- Greece noted that anti-discrimination measures include criminal sanctions in the case of hate crimes and hate speech in relation to sexual orientation and gender identity. This is now complemented by a new law recognizing civil partnership for same-sex couples, and the abolishment of article 347 of the criminal code, which provided a higher age of consent for male homosexual acts;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53f
- Paragraph text
- Germany has an anti-discrimination law covering sexual orientation and gender identity. There is emphasis on implementing the criminal law against hate crimes based on sexual orientation. It is now drafting its national plan against racism which will also cover the issue of transphobia and homophobia. It is complemented by a new law to give compensation to those who were punished for consensual same-sex relations under the Third Reich;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53d
- Paragraph text
- The Ombudsman of the Plurinational State of Bolivia noted both constitutional provisions on sexual orientation and gender identity as well as range of local by-laws on this front. By contrast, the Equal Opportunities Commission of Hong Kong, China, observes that there is currently no comprehensive anti-discrimination legislation on the grounds of sexual orientation, gender identity and intersex status to ensure legal protection against discrimination for LGBTI persons;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53c
- Paragraph text
- The Commission on Human Rights of the Philippines noted important inputs at the local municipal levels. In addition to its ground-breaking democratic Constitution of 1987 and its Magna Carta of Women, there are also various by-laws on non-discrimination. For example, Quezon City Council in the Philippines adopted an ordinance prohibiting discrimination based on sexual orientation or gender identity and expression;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Women
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 49
- Paragraph text
- Even though human rights are inherent to everyone and involve protection for all persons without exception, persons with an actual or perceived sexual orientation or gender identity diverging from a particular societal concept of sexual orientation and gender identity are at times targeted for violence and discrimination, and violations are pervasive in numerous settings.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 43
- Paragraph text
- The Human Rights Commission of New Zealand noted that, in New Zealand, criminal sanctions for same-sex behaviour between consenting adults had been removed 31 years ago, with the enactment of the Homosexual Law Reform Act 1986. Nor is gender diversity criminalized, as New Zealand does not have so-called “cross dressing” laws that criminalize gender expression.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 39
- Paragraph text
- Several States have also taken steps to decriminalize transgender persons on the basis of their gender identity or expression. For example, Samoa removed provisions on “impersonation of a female” that were used to arrest and fine transgender persons and the fa’afafine when it revised its penal code in 2013.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 38
- Paragraph text
- The checks and balances at the national level are particularly interesting, as seen in regard to the role of various pillars of the State which can activate the reform process. Behind all this, the important role of non-governmental organizations, human rights defenders and independent national human rights institutions should not be underestimated.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 28
- Paragraph text
- At this juncture, the report will now turn to various key underpinnings which interrelate closely with violence and discrimination. Two are singled out for special attention and they are presented below. Other underpinnings will be dealt with, incorporating recent inputs from stakeholders, in future reports of the Independent Expert in 2018.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 27
- Paragraph text
- The Independent Expert is also in touch with the newly established Equal Rights Coalition, which is a coalition of 35 States reaching out to a broad range of partners based on the founding principles of equality, universality, international human rights law and open, respectful and constructive dialogue and cooperation with all stakeholders.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 25a
- Paragraph text
- [The Independent Expert underlines the key role of civil society and human rights defenders and the need for more effective action to counter threats and reprisals against them. Of note is a submission to the Human Rights Council by a number of non-governmental organizations earlier this year, in which they called upon States, inter alia:] To review and repeal all laws and policies which, directly or indirectly, criminalize, stigmatize or discriminate against LGBTI defenders;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 22
- Paragraph text
- The Independent Expert has also received submissions from various sources concerning the plight of children and youth in relation to violence and discrimination, such as bullying at home and at school. A variety of issues deserving more attention, ranging from discriminatory sexual consent laws to access to information, conversion therapy, rights of transgender children, rights of intersex children, children of same-sex couples and access to justice have also been raised.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Violence
- Personnes concernées
- Children
- LGBTQI+
- Youth
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Families
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 8
- Paragraph text
- Second, the Independent Expert is totally conscious of the various sensitivities underlying the mandate. Effective responses on this front would have to be grounded in international human rights law and targeted against violence and discrimination. There is no advocacy of new rights. The modus operandi of the Independent Expert is thus to engage with a broad range of stakeholders, open doors, build bridges and offer windows of opportunities for constructive change.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 42
- Paragraph text
- The Independent Expert looks forward to interlinking more closely with United Nations agencies and other actors to support activities, while commending the programmes already undertaken. For instance, UNESCO is involved in addressing the issue of bullying in the educational setting; this is visible through its Teaching Respect for All initiative. It has helped to create lesson plans for teachers to discuss homophobia and transphobia in primary and secondary schools.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 7
- Paragraph text
- Some preliminary considerations shed light on the operationalization of the mandate. First, the acronym LGBT often appears and is closely linked with the mandate. It stands for “lesbian, gay, bisexual and transgender person(s)”. The term “intersex persons” is abbreviated as “I” and a recent definition is as follows: “intersex persons are born with bodies that vary from male or female”. It should be noted that being intersex is distinct from sexual orientation and gender identity and that intersex people face different issues.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 59e
- Paragraph text
- The work of human rights defenders and the much needed space for civil society, including non-governmental organizations and lesbian, gay, bisexual, transgender and intersex groups and persons, calls for more effective safeguards from States against incursions and reprisals from those protagonists, whether State or non-State actors, which act inconsistently with international human rights standards. Cooperation with a multiplicity of actors, including the business sector, the medical/scientific sector, religious and faith groups and the media, including social networks, should be fostered on the basis of international human rights law;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- Activists
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 59d
- Paragraph text
- States should explore more cooperation with independent national human rights institutions, such as national human rights commissions and ombudspersons, to interlink between international norms and national settings. Those institutions should be supported as part of the checks and balances to prevent and overcome abuses of power and human rights violations, as well to access justice and remedies. They should be paralleled by regional systems and initiatives to help to advance protection against violence and discrimination based on sexual orientation and gender identity;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Violence
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 58
- Paragraph text
- In regard to the second underpinning, anti-discrimination laws and policies can appear in various forms: sometimes general, sometimes specific. Even with a law, there is a need to ensure effective practical implementation, which is correlated with the need for a holistic approach, interlinking laws and policies with responsive programming, case enforcement in the courts (coupled with strategic advocacy and litigation), effective and accessible mechanisms for human rights protection, resource allocation, information and data generation, education and capacity-building, accountability and redress, and space for networking, mobilization and participation for reform.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53q
- Paragraph text
- As reported by the Australian Human Rights Commission, the country’s Sex Discrimination Act 1984 was amended by Act. No. 98 of 2013 to include protections against discrimination on the basis of sexual orientation, gender identity, intersex status and relationship status in the areas of employment, education and goods, and services and facilities, but it provided for some exceptions where the conduct is committed by voluntary bodies, religious bodies, educational institutions established for religious purposes and in sport. Despite the Government’s commitment to remove those exemptions, the Commission noted that a number of significant and concerning inconsistencies remain between the Sex Discrimination Act and state and territory laws; particularly with respect to anti-discrimination and equal opportunity laws;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53p
- Paragraph text
- A non-governmental organization source from the United Kingdom recalled the advent of the same-sex marriage law in the country and the Equality Act. However, the mission of the latter is incomplete; the source stated that the use of the term “gender reassignment” in the Act was proving problematic, and that many people thought trans identity implied a binary surgical transition, which the Act’s definition also implies. Transgender persons’ vulnerability to discrimination and right to equality does not and should not, depend on medical transition;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53m
- Paragraph text
- A non-governmental organization from India highlighted the key role of the courts in relation to sexual orientation and gender identity, reporting National Legal Services Authority v. Union of India (NALSA), a landmark decision (on respect for gender identity) by the Supreme Court on 15 April 2014; it came at an extremely adverse time for the community, which was still reeling from the disappointing Kumar Kaushal v. Naz Foundation judgment by the same court, which upheld section 377 (criminalizing same-sex relations). The NALSA decision became a critical instrument for the fundamental and constitutional rights of the community to remain within the legal discourse;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53e
- Paragraph text
- The National Human Rights Commission of Mexico indicated that hate crimes related to sexual orientation and gender identity are considered aggravating circumstances which can give rise to more severe penalties. Issues relating to sexual orientation and gender identity might also be covered by its law on violence against women. The country also has various protocols to help guide the authorities on how to deal with sexual orientation and gender identity situations in an empathetic manner, such as the protocol for judicial operators, including judges and prosecutors, issued by the Supreme Court on this topic;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Women
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53a
- Paragraph text
- In Sweden, the Discrimination Act prohibits discrimination in relation to sexual orientation and gender identity (and other grounds). There is an equality ombudsman to monitor implementation of the law and various criminal law provisions against homophobic speech and discriminatory statements. If the motive for the offence is related to sexual orientation and gender identity, this is an aggravating circumstance for more severe sanctions. New legislation is being discussed for stronger protection for transgender persons in relation to hate speech and hate crime, as well the issue of privacy;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 53
- Paragraph text
- Responses to the Independent Expert’s invitation to stakeholders to send in information in 2017 have provided the following examples:
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 51
- Paragraph text
- Positive developments can be seen in several countries in regard to the adoption of laws and other measures integrating sexual orientation and gender identity as part and parcel of the right to be free from discrimination and the right to equality before the law. Anti-discrimination laws come in various shapes and sizes. For instance, sexual orientation and gender identity might be integrated directly into the constitution, as in the reform of the Constitution in 2008 in Ecuador. South Africa was the first country globally to include protection against discrimination in relation to sexual orientation in its Constitution in 1996, while Fiji was the first country to explicitly incorporate sexual orientation, gender identity and gender expression as protected characteristics in its Constitution in 2013. To date, the constitutions of the Plurinational State of Bolivia and Malta are the only two to explicitly include both sexual orientation and gender identity as non-discrimination grounds. There might be a general law on non-discrimination, such as Thailand’s gender equality law, which incorporates the notion of “sex expression” to cover gender identity and related expression. Alternatively, there could be even more specific laws with provisions providing sexual orientation and gender identity protection in key contexts, such as employment, education, health care, housing, provision of goods and services, inheritance, recognition of relationships and family law or immigration. To be effective, anti-discrimination frameworks should provide for effective measures to investigate alleged violations, redress for victims and accountability for alleged perpetrators.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 50
- Paragraph text
- Full enjoyment of human rights by such persons is a longitudinal challenge, starting in the home and extending to the educational system, the work place and life beyond. Discrimination is also intersectional. Many countries are, however, still hampered by the lack of or insufficiency of anti-discrimination measures, which is linked with the environment leading to violence and discrimination. There is thus a need for effective anti-discrimination measures covering both the public and private spheres, and of a comprehensive kind: not only formal but substantive, not only de jure but also de facto, in addition to the building of a community open to understanding and respecting sexual and gender diversity.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Gender
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Women
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 47
- Paragraph text
- In Kenya, civil society organizations have made a number of recommendations to the authorities, inter alia: the immediate repeal of sections 162(a) and (c) and 165 of the penal code; the introduction of legislation to criminalize hate speech and incitement to violence on grounds of sexual orientation and gender identity, and expression; An immediate ban on forced anal examinations; and prosecution to the full extent of the law of all persons suspected of committing acts of violence, including incitement to violence, on grounds of sexual orientation, gender identity and expression.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Violence
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 46
- Paragraph text
- With regard to Africa, in recognizing that some 33 countries criminalize same-sex relations, out of 54, with many of the negative laws on this front a result of the remnants of colonization, constructive developments should also be identified. In the interim South African Constitution, sections 9(1) and 9(3) make express reference to sexual orientation as a protected ground for non-discrimination. In the famous case of S v. Kampher, Justice Ian Farlam nullified the conviction of a man who had confessed to having consensual sex with another man. Immediately after that, the Constitutional Court in National Coalition for Gays and Lesbian Equality and another v. Minister for Justice and others held that the South African “sodomy” laws were unconstitutional. In decriminalizing sodomy laws, the Court stated that prohibiting sexual conduct between gay men violated the right to equality. Other positive developments in Africa worth noting include the reform of the Cape Verde penal code of 2004, which eliminated offences related to same-sex activity and the decriminalization of homosexuality in Sao Tome and Principe in 2014. On a particularly positive note, a number of African countries have introduced legislation to explicitly outlaw discrimination on the basis of sexual orientation or they have removed discriminatory provisions of existing employment legislation, including Seychelles in 2006, Mozambique in 2007, Mauritius in 2008 and Botswana in 2010. Several sub-Saharan African countries had never criminalized same-sex sexual activities between adults, including Burkina Faso, the Central African Republic, the Congo, Côte d’Ivoire, the Democratic Republic of the Congo, Gabon, Madagascar, Mali, the Niger and Rwanda.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Personnes concernées
- LGBTQI+
- Men
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 44
- Paragraph text
- The national human rights institution of Cyprus observed that consensual same-sex relations were decriminalized in 1998. They remarked that society was still conservative on sexual orientation and gender identity, but stated that, following systemic reports of the institution but also interventions on individual complaints and participation in the respective discussions in the parliament, positive developments had taken place in significant key areas. They included the legal recognition of same-sex relationships (Civil Union Law of 2015); the penalization of homophobic and transphobic hate speech (Law 87(I) 2015 amending the Penal Law) and hate crime (with the homophobic and transphobic motive as aggravating factor, Law 31 (l) 2010 amending the Penal Law).
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 40
- Paragraph text
- Constructive lessons can be gauged from the following recent submissions to the Independent Expert. National human rights institutions have played a key role in advocating for the repeal of discriminatory laws in all regions of the world. For example, the Asia Pacific Forum of National Human Rights Institutions offers networking and capacity-building as channels for addressing the issue of sexual orientation and gender identity, and the Forum has been assisted by the advice of its Advisory Council of Jurists in favour of decriminalization of consensual same-sex relations.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 35
- Paragraph text
- It should be noted that in some countries where these negative laws exist, they are not applied or not much applied in practice. While this is a stepping stone to mitigation of the situation, the mere existence of the laws still gives rise to bias and prejudices, feeding into extortion, persecution, multiple and intersectional phobia, and other forms of violence and discrimination, and violates international human rights norms and standards. The call to reform such negative laws must therefore be vigorous.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 34
- Paragraph text
- There are other laws and policies of a more indirect nature that might also be negatively applied to certain groups and persons in relation to sexual orientation and gender identity. They include laws based on public decency, public health and security, at times in the guise of local criminal laws and regulations. For examples, transgender women are often targeted and prosecuted on the basis of laws criminalizing sex work, or under laws against “vagrancy”. There are equally challenging implications of various religious laws when applied strictly.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Women
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 33
- Paragraph text
- As highlighted in some contributions, laws and policies which criminalize same-sex relationships and gender identity, particularly in regard to its expression, directly lead to violence and discrimination, and are also part of the background environment in which they take place. They also stymie efforts to prevent and reduce HIV transmission. Conversely, inclusion policies and practices help to overcome discrimination and contribute to the realization of the Sustainable Development Goals.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 32
- Paragraph text
- The criminalization of consensual same-sex relations between adults of the same sex violates States’ obligations under international law, including the obligation to protect privacy and to guarantee non-discrimination. Such violations occur even when the law is not enforced. As such, arrests and detentions on the basis of sexual orientation, gender identity or expression are to be considered arbitrary. The imposition of the death penalty for offences related to homosexuality violates the right to life as it does not pass the qualification criteria of “most serious crimes”, as provided for in article 6 of the International Covenant on Civil and Political Rights. Criminalization of same-sex relations also fuels stigma, legitimizes prejudice and exposes people to family and institutional violence and further human rights abuses such as hate crimes, death threats and torture. All such provisions should be repealed.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- Families
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Women
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 29
- Paragraph text
- In the past 20 years, approximately 25 countries from all regions have taken steps to decriminalize same-sex relationships between consenting adults. Some of the most recent countries to undertake decriminalization are Belize, Mozambique, Nauru, Palau, Sao Tome and Principe and Seychelles. In some countries the judiciary has opened the way for decriminalization through landmark decisions on specific cases, whereas in other countries decriminalization of same-sex relations has materialized by the actions of the parliament and/or the executive branch through the review of their penal code.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 26
- Paragraph text
- The joint submission of non-governmental organizations (see para. 25) echoes similar appeals made to States by a variety of United Nations entities and regional bodies. United Nations programmes already deal with the issue of sexual orientation and gender identity in many parts of the world, which is most welcome. The work of OHCHR on sexual orientation and gender identity continues apace, and a new version of the publication Born Free and Equal is due soon. OHCHR support for linkage between international and regional human rights mechanisms was a key input for a meeting between the Inter-American and African systems in 2015, and it is hoped that the linkage will be further strengthened in the future, perhaps to reach out to the Arab and ASEAN systems and other Asian initiatives, such as from South Asia, with lessons learned from other regional systems. Various parts of the global geography need more coverage and capacity-building, including Central and North Asia and the Pacific islands. A variety of research is being carried out to provide more data and analysis of the situation.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 25d
- Paragraph text
- [The Independent Expert underlines the key role of civil society and human rights defenders and the need for more effective action to counter threats and reprisals against them. Of note is a submission to the Human Rights Council by a number of non-governmental organizations earlier this year, in which they called upon States, inter alia:] To ensure that organizations working on issues related to sexual orientation, gender identity and expression, and sex characteristics can seek, receive and use funding and other resources from individuals, associations, foundations or other civil society organizations, foreign Governments and aid agencies, the private sector, the United Nations and other entities.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 25c
- Paragraph text
- [The Independent Expert underlines the key role of civil society and human rights defenders and the need for more effective action to counter threats and reprisals against them. Of note is a submission to the Human Rights Council by a number of non-governmental organizations earlier this year, in which they called upon States, inter alia:] To remove barriers to the full recognition, registration and/or accreditation of organizations that promote and protect the human rights of persons of diverse sexual orientation, gender identity and expression, and sex characteristics at the national, regional and international levels;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 25b
- Paragraph text
- [The Independent Expert underlines the key role of civil society and human rights defenders and the need for more effective action to counter threats and reprisals against them. Of note is a submission to the Human Rights Council by a number of non-governmental organizations earlier this year, in which they called upon States, inter alia:] To ensure the protection of human rights defenders working on issues of sexual orientation, gender identity and expression, and sex characteristics, against any violence, threat, retaliation, de facto or de jure discrimination, pressure or any other arbitrary action perpetrated by the State or non-State actors, in response to their human rights activities;
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Gender
- Violence
- Personnes concernées
- Activists
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Adolescents
- Children
- LGBTQI+
- Youth
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 18
- Paragraph text
- The inter-American system has made many contributions to action against violence and discrimination. In addition to its important range of human rights-related declarations and conventions, the Inter-American Court of Human Rights Court and the Inter-American Commission on Human Rights, the inter-American system has appointed a regional rapporteur to cover the issue of LGBTI persons specifically. Resolution 275 of the African Commission on Human and Peoples’ Rights, entitled “Protection against violence and other human rights violations against persons on the basis of their real or imputed sexual orientation or gender identity”, resonates with the message of non-violence and equality.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 14
- Paragraph text
- The right to be free from discrimination is enshrined in article 2 of the Universal Declaration of Human Rights and all human rights treaties. Issues relating to sexual orientation and gender identity have been dealt with by the monitoring bodies under the human rights treaties in their relationship with States, and a number of those bodies, including those created under the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of Persons with Disabilities, have adopted general comments that refer expressly to sexual orientation and gender identity. The mandate of the Independent Expert is founded on this bedrock of international human rights law.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 12
- Paragraph text
- Sixth, there is the welcome development that sexual orientation and gender identity is now an integral part of the United Nations agenda; the issue is legitimized and synchronized for global action. While there is always room for a plurality of views, the commitment to combat violence and discrimination is universal and ineluctable. It is enhanced by the all-embracing pledge that no one will be left behind, set out in the preamble to resolution 70/1, entitled “Transforming our world: the 2030 Agenda for Sustainable Development”, adopted by the General Assembly on 25 September 2015.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 11
- Paragraph text
- Fifth, there is the context-specific nature of each country. The situation is not necessarily the same for LGBTI persons across the board; the scenario is not homogeneous but heterogeneous. In one country, for example, transgender (trans) persons are not permitted to change their identification documents (such as a birth certificate or identity card) to have their self-identified gender recognized, or they are required to meet abusive requirements such as compulsory surgery and sterilization, medical certification or divorce. The lack of status recognition results in a range of complications, such as bullying from a young age, sexual assault, and mockery and humiliation inflicted on them in daily life as well as when they seek to cross borders or access services and facilities. Nevertheless, in that same country there is no law against same-sex relationships and the situation is quite open for gays, lesbians and bisexuals. While the situations are diverse, it should be underlined that human rights predicate the protection of all persons without distinction.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 10
- Paragraph text
- Fourth, precisely because so many issues under the mandate reach out to an array of sectors and professions, it is essential to broaden the discourse and vistas for cooperation. For example, change in the medical and scientific sector is pivotal in helping to prevent violence and discrimination relating to health concerns. Where the situation was once pathologized, giving rise to potential or actual abuse and stigma, there is now momentum towards depathologizing and destigmatizing in relation to sexual orientation and gender identity, with due regard to ensuring access to comprehensive and quality health care for all. If the issue is interrelated with employment, there is now a call to interlink increasingly with the business sector. Where there are issues of faith and religion, it is important to reach out to spiritual leaders and actors and seek interfaith cooperation to complement international standards. Where there is a quest to shun hate speech and incitement to violence, a key catalyst is the ever-growing presence of social media and its responsiveness to human rights.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 9
- Paragraph text
- Third, the mandate recognizes that the issue of sexual orientation and gender identity interplays with a variety of pillars of power at the national and international levels. For instance, there may be a healthy range of opinions at the national level in many countries, with the judiciary or parliamentary pillar being more progressive than the executive branch or vice versa, offering the possibility of reform in regard to those national measures that are not in conformity with international standards. The diversity of pillars will be further illustrated below (see table, sect. VI). There is also a call for more space for a strong civil society, national human rights institutions and human rights defenders. In fact, the need for effective checks and balances to prevent abuse of power and to ensure compliance with international human rights law invites a diversity of processes and mechanisms respectful of international law.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 6
- Paragraph text
- The Independent Expert follows and responds closely to the mandate established by resolution 32/2. The post of the Independent Expert is pro bono. Key elements emanating from the mandate can be summarized under five main areas as follows: implementation of international instruments, with identification of good practices and gaps; awareness of the violence and discrimination issue, and linkage with root causes; engagement, consultation and cooperation with States and other stakeholders; identifying multiple, intersecting and aggravated forms of violence and discrimination; and support for international cooperation and related services to assist national efforts. The Independent Expert offered an analysis of those elements in his first report and in the present report will update them with recent developments.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 5
- Paragraph text
- Through the methodology outlined above, the Independent Expert wishes to give voice to the many national actors who are instrumental in prompting the review and repeal of laws that discriminate against people on the basis of their sexual orientation or gender identity and expression and who contribute to the adoption of non-discrimination provisions. He also wishes to highlight dynamics at the national level and the role of various pillars of the States which can activate the reform process. The report is not intended to provide a comprehensive and geographically inclusive overview of the two underpinnings.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 4
- Paragraph text
- From the outset, the Independent Expert has adopted an approach of open and constructive dialogue and engagement with a broad range of stakeholders. He has drawn from a variety of sources — governmental, intergovernmental and non-governmental — for his work, balancing among them. He has also held separate meetings with embassies, United Nations agencies and concerned groups to amplify discussions. For the present report, the Independent Expert sent out a letter in May 2017 asking for inputs. The responses, received before the end of June 2017, have been integrated into the report where relevant, and they may also be incorporated into his future reports. He conveys his deepest thanks to all who responded to his request.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 3
- Paragraph text
- The establishment of the mandate to promote action against violence and discrimination based on sexual orientation and gender identity is anchored in international human rights law, and it is a momentous commitment to multilateralism. It is an invitation to be forward looking and an incentive to move forward together. The present report is thus a clarion call to embrace diversity, complemented by the belief that respect for human rights energizes human society, yielding a positive dividend in terms of peace, sustainable development and societal inclusiveness. It also contributes to economic benefits, while reinforcing a sense of common humanity transcending borders and cultures.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Embrace diversity and energize humanity 2017, para. 2
- Paragraph text
- It should be recalled that everyone has some form of sexual orientation and gender identity. Sexual orientation denotes a person’s physical, romantic and/or emotional attraction towards others, while gender identity concerns a person’s self-perceived identity, which may be different from the sex assigned at birth, as well as the expression of gender identity. The two notions should not be conflated. However, it is unconscionable that persons with an actual or perceived sexual orientation and/or gender identity different from a particular social norm are targeted for violence and discrimination in many parts of the world. Killings, rape, mutilation, torture and cruel, inhuman and degrading treatment as well as arbitrary detention, abduction, harassment, physical and mental assaults such as lashings and forced surgical interventions, bullying from a young age, pressures leading to suicide, and discriminatory action, aggravated by incitement to hatred, in relation to sexual orientation and gender identity are pervasive in numerous settings.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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”.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 66h
- Paragraph text
- The work of human rights defenders and the much-needed space for civil society, including for non-governmental organizations and for lesbian, gay, bisexual, transgender and intersex groups and persons, calls for effective safeguards against incursions and reprisals from various protagonists (whether State or non-State actors) who do not comply with human rights. Cooperation with a multiplicity of actors, including community leaders (such as political and religious leaders) and those in the medical and scientific professions, the business sector and the media (e.g. social networks) should be fostered in order to protect against violence and discrimination on the basis of sexual orientation and gender identity, with that protection underscored by international human rights law. This is interlinked with the call for broad-based education, awareness-raising and action responsive to issues of sexual orientation and gender identity.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Activists
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 66g
- Paragraph text
- More cooperation with independent and pluralistic national human rights institutions, such as national human rights commissions and ombudspersons, should be undertaken to provide a link between international norms and national settings. These institutions should be supported, as part of the checks and balances to prevent and overcome abuses of power and human rights violations and also to promote access to justice and remedies. They should be paralleled by strong regional systems and initiatives to help advance protection against violence and discrimination on the basis of sexual orientation and gender identity.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 66f
- Paragraph text
- There is a need to build checks and balances, especially at the national level, to prevent abuses of power and to ensure compliance with human rights. Cooperation should be explored not only with the executive branch of government, but also with parliamentarians and the judiciary, who may assist in weighing the various actions at the national level to ensure respect for international human rights standards. In parallel to this, capacity-building for law enforcers and related personnel, including through education and the integration of sexual orientation and gender identity into their educational curricula, is much needed in order to enhance understanding about sexual orientation and gender identity and about sexual and gender diversity.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 66c
- Paragraph text
- States are encouraged to ratify the core international human rights treaties (if they have not yet done so) and to implement them fully, including in regard to respect for sexual orientation and gender identity, in cooperation with partners. This requires a range of human rights-sensitive measures, such as laws, policies, programmes, practices, case enforcement, mechanisms and personnel, resources (material and non-material), information and monitoring, education and capacity-building, accountability and remedies, and a participatory process and broad mobilization and networking open to civil society, with space for dialogue and reforms.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 64
- Paragraph text
- The report allows the approach and methodology of the Independent Expert to be gauged. There are key reflections responding to the mandate, particularly regarding (a) the panorama of the situation, including the implementation of international instruments, with identification of good practices and gaps; (b) awareness of the violence and discrimination issue, and linkage with root causes; (c) dialogue, consultation and cooperation with States and other stakeholders; (d) the identification of multiple, intersecting and aggravated forms of violence and discrimination; and (e) support for international cooperation and related services to assist national efforts.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 63
- Paragraph text
- The present report endeavours to set the scene for more monitoring and advocacy to protect people from violence and discrimination on the basis of sexual orientation and gender identity. It is also important to comprehend the multi-layered nature of the violence and discrimination — it starts at home, extends into the educational spectrum, influences the community environment, and continues into the State setting and beyond. It has a longitudinal trajectory, with intergenerational implications. It is also concurrently personal/personalized, family-based, community-influenced and systemic, and at times is linked with institutional violence and discrimination. To overcome these impediments, it is necessary to “start young” with promoting mutual respect and tolerance.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- Families
- Youth
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 61
- Paragraph text
- Lack of education and/or awareness and lack of understanding may transmute into biases, prejudices and phobias from a young age, which underlie the violence and discrimination. This is interlinked with the quality of the educational spectrum and how to nurture a sense of empathy for sexual orientation and gender identity as an inherent part of all of us. State policies vary in their openings towards the issue of sexual orientation and gender identity. While some States have tried to integrate the issue into the curriculum at different stages, others have shunned the possibility altogether. Issues related to sexual orientation and gender identity can be dealt with indirectly or directly (e.g. through health education, indirectly, and/or through specific courses focusing on sexual orientation and gender identity, directly). One entry point that is now being explored in several countries is to address the bullying, which marginalizes persons at school from childhood onwards. With the help of United Nations agencies, some countries are now breaking the ice by integrating sexual orientation and gender identity into the educational curriculum through that issue. This is a key area where international cooperation and technical support and assistance can help open doors towards a more empathetic world, both at the national level and internationally. This requires dialogue and interaction between school principals, teachers, parents and students. It invites reappraisal of both educational content and textbooks, and the building of pedagogical tools and methodology, to promote an open mindset and respect for human biodiversity.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 60
- Paragraph text
- Conversely, an inclusive society enables people to enjoy protection from violence and discrimination, and leaders in the social, cultural, political and other fields can have an important role in communicating, motivating and fostering that inclusiveness. Religions and other belief systems, in their sense of humanity, can be a great platform for promoting understanding and empathy — in terms of nurturing care, compassion, tolerance and respect for diversity. Yet, the situation locally often leaves much to be desired where there are approaches to and/or interpretations of doctrines or beliefs which are inconsistent with human rights; this results in sociocultural exclusion which is then channelled into situations of violence and discrimination. It should not be forgotten that exclusion, steeped in violence and discrimination, also has a social and economic cost, both for the victim and for society as a whole. This is obviously the case where such exclusion pushes people underground, for example in relation to HIV/AIDS — making disease control difficult and with ensuing health implications and economic/financial consequences for society.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 57
- Paragraph text
- In many countries, transgender persons are not able to have their self-identified gender recognized by the State, even with gender reassignment surgery, and have to endure lifelong abuses and discrimination. Non-recognition is interlinked with the environment that leads to violence and discrimination. In some situations, they are forced to undergo gender reassignment surgery, other medical procedures, such as psychological assessment, conversion therapy, sterilization and also divorce, with or without legal recognition of their self-identified gender. Other impediments include bureaucratic hurdles and difficulties in accessing medical care, such as hormone treatment, as well as in accessing the wherewithal of life, such as education, housing, a decent standard of living and employment opportunities. Yet, a number of countries, such as Argentina, Australia, Malta, and Scandinavian countries, are now leading the way by enabling people to have their self-identified gender recognized under national law without the need for surgery and related medical procedures, unless they opt for the latter on a non-coerced basis, and by reducing the bureaucratic hurdles along the way. On a related front, the issue of forced surgery (from a young age) also pertains to intersex persons; this is interrelated with violence and discrimination, whereby such persons are prevented from enjoying the element of choice concerning their sexual orientation and gender identity, which is an intrinsic part of the diversity of human life. There is thus a need to move towards legal recognition of self-defined gender identity without coerced methods.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 56
- Paragraph text
- The discrimination is also intersectional. There might be tints of patriarchy impacting on women, which also impact negatively on lesbians and women who have sex with women. There might be traces of racism, which also impact negatively on refugees and migrants who are lesbian, gay, bisexual or transgender. There might be hints of extremism that impact negatively on those who wish to have their sexual orientation and gender identity respected culturally. Even where there are laws to protect people from discrimination, there might be weak implementation. This is further tested by issues such as access to justice and mechanisms and/or personnel that could provide some assistance and remedies, and the call for transparency and accountability. There is thus a need for effective anti-discrimination measures of a comprehensive kind — not only formal but also substantive, not only de jure but also de facto — in addition to the building of a community that is open to understanding and that respects sexual and gender diversity.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- LGBTQI+
- Persons on the move
- Women
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 55
- Paragraph text
- Many countries are still hampered by a lack of anti-discrimination measures or insufficient anti-discrimination measures; this, too, is linked to environments that lead to violence and discrimination. This is a longitudinal challenge, which starts in the home and extends to the education system, the workplace, and life beyond. Some countries have moved towards integrating sexual orientation and gender identity into their constitutions or laws, directly or indirectly, while others have policies and programmes to reflect sexual and gender diversity. Yet, within the lesbian, gay, bisexual and transgender setting, some groups are particularly marginalized and may need special measures to help overcome difficulties. For instance, transgender persons are often discriminated against at school and this pushes them out of the educational set-up; they might then fall into a situation of marginalization and then exploitation.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 54
- Paragraph text
- There is thus a need to move towards decriminalization in respect of these laws, which regrettably help to fuel the violence and discrimination.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 52
- Paragraph text
- Laws and policies that criminalize consensual same-sex relations are part of the background environment that leads to violence and discrimination. Some 70 countries criminalize same-sex relations, with a particular impact on men who have sex with men. Some 40 countries criminalize same-sex relations in regard to women who have sex with women. The death penalty awaits in some countries. There are other laws and policies of a more indirect nature, which might also be negatively applied against certain groups and persons in relation to sexual orientation and gender identity. They include laws based on public decency, public health and security, at times in the guise of local criminal laws and regulations. There are equally challenging implications from various religious laws when applied strictly. Some countries also criminalize cross-dressing, such as where men dress up as women and vice versa, even the criminalization violates the person’s self-identified gender.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Men
- Women
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 50
- Paragraph text
- Parallel to this, the role of community leaders, including in the political, cultural and religious fields, needs to be tapped more strongly. Also, the business sector has the potential to integrate sexual orientation and gender identity into the workplace and in the commercial/financial/investment/developmental field. These are also avenues for promoting the generation of more disaggregated data, linked with various indicators, to provide incentives for exemplary performance, consonant with human rights. On a related front, the Sustainable Development Goals framework provides more opportunities for various kinds of cooperation and support — particularly under Goal 17, which opens up space for more multilateral, regional and bilateral cooperation. There is the welcome vista of more South-South cooperation, as well as triangular cooperation — such as activities between States, civil society and the business sector; neither should the power of various forms of media and their reach be forgotten.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 49
- Paragraph text
- The role of civil society and non-governmental organizations and of concerned communities and individuals is critical for action against violence and discrimination. Their dedicated efforts and inputs were instrumental in helping to set up this mandate, and there is a wealth of information emanating from their work which inspires the work of the Independent Expert. They are part and parcel of much-needed cooperation at both the national and international levels and act as human rights defenders in the most sensitive situations. Assistance and protection for their work are at the heart of this mandate, which is impelled by the quest for an all-inclusive approach that is respectful of public participation in countering violence and discrimination on the basis of sexual orientation and gender identity, worldwide. Indeed, this is living democracy in regard to sexual and gender diversity.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Violence
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 47
- Paragraph text
- UNFPA concentrates on the issue of sexual and reproductive rights and their relationship with health, including for lesbian, gay, bisexual, transgender and intersex persons, through four areas: policy formulation, capacity development, information and knowledge and delivery of services. It has developed a stigma index tool to help expose stigma, and has enabled access to condom and lubricant programming based on the principles of non-stigmatization and non-coercion. It has reached out to vulnerable groups to reduce HIV-related stigma, and it has called for the reform of punitive laws that drive people underground, in relation to same-sex relations, sex work and drugs-related situations.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- Children
- LGBTQI+
- Women
- Youth
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 40
- Paragraph text
- As an example, the multiple, intersecting and aggravated forms of violence and discrimination based on sexual orientation and gender identity are clearly visible in the refugee and migration context, especially where a person has to flee dangers or persecution. As the Office of the United Nations High Commissioner for Refugees (UNHCR) observes: Lesbian, gay, bisexual, transgender and intersex (LGBTI) persons of concern can suffer a wide range of discrimination and violence because of their sexual orientation or gender identity. Displaced LGBTI persons may face continued or additional discrimination in the country in which they seek asylum or as internally displaced within their country of origin. Persecution may be legally condoned (some countries continue to criminalize same-sex relationships) and in many cases LGBTI persons are ostracized by communities and rejected by their families.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- LGBTQI+
- Persons on the move
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 38
- Paragraph text
- Constructive dialogue is an imperative for the mandate, and the Independent Expert has endeavoured to initiate this from the very first days of his work. He recognizes that it is essential to build bridges — not only to those who already have plenty of awareness, understanding and knowledge but also to those who have less. In the quest for amicable discourse, there is the understanding that there can be no justification for crimes, such as killings, rapes and torture, nor for discrimination. The opportunity for dialogue, consultation and cooperation was exemplified by the public consultation held in Geneva in January 2017. The consultation was open to States, United Nations agencies and other interested stakeholders. This consultation was planned to help the Independent Expert to identify priority work areas in carrying out his mandate and to develop effective strategies to accomplish them. Major issues discussed included the situation of violence and discrimination based on sexual orientation and gender identity and the various underpinnings referred to above and below. At the end of the consultation, the Independent Expert summarized key inputs from the various participants who advised him on his role and work in fulfilling the mandate as follows: • Analytical: The work of the mandate holder is based on independent and objective analysis of the situation drawn from a variety of information sources. • Pedagogical: The work has an educational role in raising awareness among the public and educating the public about the situation. • Intersectoral: The work invites the Independent Expert to cross-link with a variety of actors and stakeholders — governmental, non-governmental and intergovernmental. • Focal/vocal: The work is a focal point for those affected by transgressions, and it also helps them to vocalize their concerns, not simply as victims but also as survivors and experts on the subject. • Empirical: The work is an opportunity for encouraging and generating information and data, possibly disaggregated, to support a balanced evidence-based approach to address the issue.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 37
- Paragraph text
- In reality, there are many social, economic, cultural, legal and political factors behind the environment that breeds violence and discrimination. Various underpinnings deserve particular attention to help prevent and overcome the negative elements of that environment. These will be referred to initially below, and in more detail in future reports from the Independent Expert. In particular, the following underpinnings are essential as part of a strategy of preventing and protecting against violence and discrimination on the basis of sexual orientation and gender identity: • Decriminalization of consensual same-sex relations; • Effective anti-discrimination measures; • Legal recognition of gender identity; • Destigmatization linked with depathologization; • Sociocultural inclusion; • Promotion of education and empathy.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Violence
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Violence
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 33
- Paragraph text
- Yet, there are evidently several gaps, interlinked with the root causes and environment behind the violence and discrimination, which will be elaborated upon in the sections below. Even in countries that are party to the human rights treaties and even where there are responsive laws, policies and programmes, there are sometimes major incidents of violence and discrimination, such as killings of transgender persons, attacks on sexual orientation and gender identity-related human rights defenders, and sexual orientation and gender identity-related hate speech on social networks, which invites sustained vigilance both at the national and the international levels.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 32
- Paragraph text
- A sample of recent constructive practices can be cited. A number of countries on every continent have seen reforms of antiquated and obstructive laws and policies, even though the progress is not always universal. Many South Asian countries and countries in other regions uphold the rights of transgender people, even where they have difficulty in accepting the rights of gays, lesbians and bisexuals. Same-sex couples are now allowed to marry officially in a number of countries, such as Canada, the United States of America, and a range of countries in Europe and Latin America. In 2016, a top court in Belize declared an old law, which had prohibited same-sex relations, to be unconstitutional. Seychelles reformed its law similarly on this front. In 2017, New Zealand agreed to expunge the criminal record of persons criminalized by the colonial law which had forbidden same-sex relations (the law itself having been abrogated a while ago). Germany also moved to annul Nazi-era homosexuality convictions (about 42,000 such convictions had been made under the Third Reich, under an old provision of the Penal Code (art. 175)) and to offer compensation.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 28
- Paragraph text
- Complementing the measures outlined above, resolution 275 of the African Commission on Human and Peoples’ Rights, on protection against violence and other human rights violations against persons on the basis of their real or imputed sexual orientation or gender identity, of 2014, resonates with the following message for the African region and beyond: Strongly urges States to end all acts of violence and abuse, whether committed by State or non-State actors, including by enacting and effectively applying appropriate laws prohibiting and punishing all forms of violence including those targeting persons on the basis of their imputed or real sexual orientation or gender identities, ensuring proper investigation and diligent prosecution of perpetrators, and establishing judicial procedures responsive to the needs of victims.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Violence
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 24
- Paragraph text
- As evidenced by the wide range of international human rights treaties that are in force, international human rights bodies and procedures — ranging from the human rights treaty bodies, with their general comments and recommendations, to the universal periodic review, to the special procedures’ coverage of sexual orientation and gender identity-related violations, to resolutions and studies — the international human rights system has been strengthening the promotion and protection of human rights without distinction. The protection of persons based on their sexual orientation and gender identity, and the mandate of the Independent Expert, are based on international law, complemented and supplemented by State practice.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 20
- Paragraph text
- An array of international human rights instruments help to entrench calls for non-violence and the principle of non-discrimination in international law, with due respect for sexual orientation and gender identity. The genesis of human rights protection after the Second World War was the Universal Declaration of Human Rights, of 1948. There are now nine core international human rights treaties, complemented by various protocols. All of them interrelate with the issue of sexual orientation and gender identity, to a lesser or greater extent. For instance, the right to be free from discrimination is propounded in article 2 of the Universal Declaration of Human Rights and in all human rights treaties. Article 2 of the International Covenant on Civil and Political Rights stipulates: Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 19
- Paragraph text
- The reflections that follow are an initial response regarding the key elements under the mandate.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Diversity in humanity, humanity in diversity 2017, para. 18
- Paragraph text
- Also important is the context-specific nature of each country and situation. The situation is not necessarily the same for lesbian, gay, bisexual and transgender (and intersex) persons across the board, even though human rights are inherent to all persons without distinction: the situation is not homogeneous but heterogeneous. For instance, in one country, same-sex relationships are criminalized, with the threat of the death penalty. This is primarily targeted at homosexuals. However, in that same country, those who self-identify as transgender are assisted and recognized by the State (to undergo reassignment surgery). The lack of awareness or understanding or knowledge, and the biases and stereotypes, vary between countries and within each country — depending on diverse factors such as geography (urban vs. rural), demography (e.g. different educational and economic levels), and cultural affinity.
- Organe
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
163 Listé sur un total de 163 Entités