Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

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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.
Body
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
Document type
Special Procedures' report
Topic(s)
  • Gender
  • Violence
Person(s) affected
  • Women
Year
2017
Date added
Aug 19, 2019
Paragraph
View

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.
Body
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
Document type
Special Procedures' report
Topic(s)
  • Equality & Inclusion
  • Gender
Person(s) affected
  • Children
  • Women
Year
2017
Date added
Aug 19, 2019
Paragraph
View

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;
Body
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
Document type
Special Procedures' report
Topic(s)
  • Gender
  • Governance & Rule of Law
  • Violence
Person(s) affected
  • LGBTQI+
  • Women
Year
2017
Date added
Aug 19, 2019
Paragraph
View

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;
Body
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
Document type
Special Procedures' report
Topic(s)
  • Equality & Inclusion
  • Gender
Person(s) affected
  • Women
Year
2017
Date added
Aug 19, 2019
Paragraph
View

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;
Body
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
Document type
Special Procedures' report
Topic(s)
  • Equality & Inclusion
  • Gender
Person(s) affected
  • LGBTQI+
  • Women
Year
2017
Date added
Aug 19, 2019
Paragraph
View

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.
Body
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
Document type
Special Procedures' report
Topic(s)
  • Equality & Inclusion
  • Gender
Person(s) affected
  • LGBTQI+
  • Women
Year
2017
Date added
Aug 19, 2019
Paragraph
View

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.
Body
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
Document type
Special Procedures' report
Topic(s)
  • Equality & Inclusion
  • Gender
Person(s) affected
  • LGBTQI+
  • Women
Year
2017
Date added
Aug 19, 2019
Paragraph
View

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.
Body
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
Document type
Special Procedures' report
Topic(s)
  • Equality & Inclusion
  • Gender
Person(s) affected
  • LGBTQI+
  • Women
Year
2017
Date added
Aug 19, 2019
Paragraph
View

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.
Body
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
Document type
Special Procedures' report
Topic(s)
  • Equality & Inclusion
Person(s) affected
  • LGBTQI+
  • Persons on the move
  • Women
Year
2017
Date added
Aug 19, 2019
Paragraph
View

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.
Body
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
Document type
Special Procedures' report
Topic(s)
  • Equality & Inclusion
  • Gender
  • Governance & Rule of Law
Person(s) affected
  • LGBTQI+
  • Men
  • Women
Year
2017
Date added
Aug 19, 2019
Paragraph
View

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.
Body
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
Document type
Special Procedures' report
Topic(s)
  • Equality & Inclusion
  • Gender
  • Health
Person(s) affected
  • Girls
  • LGBTQI+
  • Women
Year
2017
Date added
Aug 19, 2019
Paragraph
View

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.
Body
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
Document type
Special Procedures' report
Topic(s)
  • Equality & Inclusion
  • Gender
  • Violence
Person(s) affected
  • Children
  • LGBTQI+
  • Women
  • Youth
Year
2017
Date added
Aug 19, 2019
Paragraph
View

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