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Implementation of article 14 by States parties 2012, para. 39
- Paragraph text
- With regard to the obligations in article 14, States parties shall ensure both de jure and de facto access to timely and effective redress mechanisms for members of groups marginalized and/or made vulnerable, avoid measures that impede the ability of members of such groups to seek and obtain redress, and address formal or informal obstacles that they may face in obtaining redress. These may include, for example, inadequate judicial or other procedures for quantifying damages which may have a negative disparate impact on such individuals in accessing or keeping money. As the Committee has emphasized in its general comment No. 2, "gender is a key factor. Being female intersects with other identifying characteristics or status of the person…to determine the ways that women and girls are subject to or at risk of torture or ill-treatment". States parties shall ensure due attention to gender in providing all the elements cited above in the process of ensuring that everybody, in particular members of groups made vulnerable, including lesbian, gay, bisexual and transgender (LGBT) people, must be treated fairly and equally and obtain fair and adequate compensation, rehabilitation and other reparative measures which respond to their specific needs.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2012
Paragraphe
The right to just and favourable conditions of work (Art. 7) 2016, para. 31
- Paragraph text
- All workers have the right to equal opportunity for promotion through fair, merit based and transparent processes that respect human rights. The applicable criteria of seniority and competence should also include an assessment of individual circumstances, as well as the different roles and experiences of men and women, in order to ensure equal opportunities for all. There should be no place for irrelevant criteria such as personal preference or family, political and social links. Similarly, workers must have the opportunity for promotion free from reprisals related to trade union or political activity. The reference to equal opportunity requires that hiring, promotion and termination not be discriminatory. This is highly relevant for women and other workers, such as workers with disabilities, workers from certain ethnic, national and other minorities, lesbian, gay, bisexual, transgender and intersex workers, older workers and indigenous workers.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Persons with disabilities
- Women
- Année
- 2016
Paragraphe
The right to sexual and reproductive health (Art. 12) 2016, para. 23
- Paragraph text
- Non-discrimination, in the context of the right to sexual and reproductive health, also encompasses the right of all persons, including lesbian, gay, bisexual, transgender and intersex persons, to be fully respected for their sexual orientation, gender identity and intersex status. Criminalization of sex between consenting adults of the same gender or the expression of one's gender identity is a clear violation of human rights. Likewise, regulations requiring that lesbian, gay, bisexual transgender and intersex persons be treated as mental or psychiatric patients, or requiring that they be "cured" by so-called "treatment", are a clear violation of their right to sexual and reproductive health. State parties also have an obligation to combat homophobia and transphobia, which lead to discrimination, including violation of the right to sexual and reproductive health.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Personnes concernées
- LGBTQI+
- Année
- 2016
Paragraphe
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 32
- Paragraph text
- Other status as recognized in article 2, paragraph 2, includes sexual orientation. States parties should ensure that a person's sexual orientation is not a barrier to realizing Covenant rights, for example, in accessing survivor's pension rights. In addition, gender identity is recognized as among the prohibited grounds of discrimination; for example, persons who are transgender, transsexual or intersex often face serious human rights violations, such as harassment in schools or in the workplace
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Année
- 2009
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 29c (i)
- Paragraph text
- [The Committee recommends that States parties implement the following legislative measures:] Repeal, including in customary, religious and indigenous laws, all legal provisions that are discriminatory against women and thereby enshrine, encourage, facilitate, justify or tolerate any form of gender-based violence. In particular, repeal the following: Provisions that allow, tolerate or condone forms of gender-based violence against women, including child or forced marriage and other harmful practices, provisions allowing medical procedures to be performed on women with disabilities without their informed consent and provisions that criminalize abortion, being lesbian, bisexual or transgender, women in prostitution and adultery, or any other criminal provisions that affect women disproportionally, including those resulting in the discriminatory application of the death penalty to women;
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Harmful Practices
- Personnes concernées
- Children
- LGBTQI+
- Persons with disabilities
- Women
- Année
- 2017
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 38
- Paragraph text
- States parties should interpret the definition of a refugee in the 1951 Convention relating to the Status of Refugees in line with obligations of non-discrimination and equality; fully integrate a gender-sensitive approach while interpreting all legally recognized grounds; classify gender-related claims under the ground of membership of a particular social group, where necessary; and consider adding sex and/or gender, as well as the reason of being lesbian, bisexual or transgender, and other status to the list of grounds for refugee status in their national asylum legislation.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- LGBTQI+
- Persons on the move
- Women
- Année
- 2014
Paragraphe
Women’s access to justice 2015, para. 8
- Paragraph text
- Discrimination against women, based on gender stereotypes, stigma, harmful and patriarchal cultural norms and gender-based violence, which affects women in particular, has an adverse impact on the ability of women to gain access to justice on an equal basis with men. In addition, discrimination against women is compounded by intersecting factors that affect some women to degrees or in ways that differ from those affecting men or other women. Grounds for intersecting or compounded discrimination may include ethnicity/race, indigenous or minority status, colour, socioeconomic status and/or caste, language, religion or belief, political opinion, national origin, marital and/or maternal status, age, urban/rural location, health status, disability, property ownership and identity as a lesbian, bisexual or transgender woman or intersex person. These intersecting factors make it more difficult for women from those groups to gain access to justice.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- LGBTQI+
- Women
- Année
- 2015
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 16
- Paragraph text
- Gender-related claims to asylum may intersect with other proscribed grounds of discrimination, including age, race, ethnicity/nationality, religion, health, class, caste, being lesbian, bisexual or transgender and other status. The Committee is concerned that many asylum systems continue to treat the claims of women through the lens of male experiences, which can result in their claims to refugee status not being properly assessed or being rejected. Even though gender is not specifically referenced in the definition of a refugee given in the 1951 Convention relating to the Status of Refugees, it can influence or dictate the type of persecution or harm suffered by women and the reasons for such treatment. The definition in the 1951 Convention, properly interpreted, covers gender-related claims to refugee status. It must be emphasized that asylum procedures that do not take into account the special situation or needs of women can impede a comprehensive determination of their claims. For example, asylum authorities may interview only the male "head of household", may not provide same-sex interviewers and interpreters to allow women to present their claims in a safe and gender-sensitive environment or may interview women asylum seekers in the presence of their husbands or male family members who may in fact be the source or sources of their complaints.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Personnes concernées
- LGBTQI+
- Persons on the move
- Women
- Année
- 2014
Paragraphe
Women’s access to justice 2015, para. 49
- Paragraph text
- Women are also disproportionately criminalized owing to their situation or status, such as being involved in prostitution, being a migrant, having been accused of adultery, identity as a lesbian, bisexual or transgender woman or intersex person, having undergone an abortion or belonging to other groups that face discrimination.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Women
- Année
- 2015
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 6
- Paragraph text
- The Committee has, in previous general recommendations, clarified that articles 1, 2 (f) and 5 (a) of the Convention read together indicate that the Convention covers sex- and gender-based discrimination against women. The Committee has explained that application of the Convention to gender-based discrimination falls under the definition of discrimination contained in article 1, which points out that any distinction, exclusion or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women of human rights and fundamental freedoms is discrimination. Discrimination against women based on sex and/or gender is often inextricably linked with and compounded by other factors that affect women, such as race, ethnicity, religion or belief, health, age, class, caste, being lesbian, bisexual or transgender and other status. Discrimination on the basis of sex or gender may affect women belonging to such groups to a different degree or in different ways to men. States parties must legally recognize such intersecting forms of discrimination and their compounded negative impact on the women concerned and prohibit them.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Persons on the move
- Women
- Année
- 2014
Paragraphe
The implementation of the rights of the child during adolescence 2016, para. 33
- Paragraph text
- Adolescents who are lesbian, gay, bisexual, transgender and intersex commonly face persecution, including abuse and violence, stigmatization, discrimination, bullying, exclusion from education and training, as well as a lack of family and social support, or access to sexual and reproductive health services and information. In extreme cases, they face sexual assault, rape and even death. These experiences have been linked to low self-esteem, higher rates of depression, suicide and homelessness.
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Gender
- Personnes concernées
- Adolescents
- Children
- LGBTQI+
- Année
- 2016
Paragraphe
The implementation of the rights of the child during adolescence 2016, para. 34
- Paragraph text
- The Committee emphasizes the rights of all adolescents to freedom of expression and respect for their physical and psychological integrity, gender identity and emerging autonomy. It condemns the imposition of so-called "treatments" to try to change sexual orientation and forced surgeries or treatments on intersex adolescents. It urges States to eliminate such practices, repeal all laws criminalizing or otherwise discriminating against individuals on the basis of their sexual orientation, gender identity or intersex status and adopt laws prohibiting discrimination on those grounds. States should also take effective action to protect all lesbian, gay, bisexual, transgender and intersex adolescents from all forms of violence, discrimination or bullying by raising public awareness and implementing safety and support measures.
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Adolescents
- Children
- LGBTQI+
- Année
- 2016
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Paragraphe