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Situation of human rights in Belarus (2018), para. 09
- Original document
- Paragraph text
- 5. Welcomes the adoption by the Government of Belarus on 24 October 2016 of an inter-agency plan on human rights for the period 2016–2019 for the implementation of the recommendations accepted by the Government during the second cycle of the universal periodic review of Belarus and the recommendations by some treaty bodies, encourages the Government to review and amend the plan by including recommendations by human rights mechanisms and by taking into account suggestions made by civil society organizations, also welcomes the submission of the fifth report by the Government on the implementation of the International Covenant on Civil and Political Rights, in March 2017, and further welcomes the registration of the Tell the Truth movement as a non-governmental organization in May 2017 and the MAKEOUT lesbian, gay, bisexual and transgender project in March 2018, and the steps taken towards a public debate on the application of capital punishment;
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Date added
- Feb 25, 2020
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 26
- Document type
- Special Procedures' report
- 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.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 24
- Document type
- Special Procedures' report
- Paragraph text
- Article 71 of the Charter of the United Nations, for example, is implemented primarily via the United Nations Committee on Non-Governmental Organizations, which recommends Economic and Social Council status for NGOs wishing to participate in the Council. Status is required of NGOs to attend and participate in many United Nations meetings, and to make statements before the Human Rights Council. The Special Rapporteur received numerous complaints that the process of obtaining Council status is long, complex, costly, beyond the capability of many small civil society organizations and impossible to obtain for informal organizations and grass-roots networks, in particular those which do not have access to the Internet. This has resulted in a perceived underrepresentation of smaller organizations, such as lesbian, gay, bisexual and transgender groups and civic organizations from the Global South. In addition to these practical barriers, NGO applicants also face political ones. The Special Rapporteur reviews both in section IV below.
- Body
- Special Procedures: Special Rapporteur on the rights to freedom of peaceful assembly and association
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 35
- Document type
- Special Procedures' report
- Paragraph text
- The Special Rapporteur emphasizes that the Human Rights Committee has found adult consensual sexual activity in private to be part of a person's privacy, which is protected under article 17 of the International Covenant on Civil and Political Rights (CCPR/C/50/D/488/1992, para. 8.2). Laws criminalizing consensual homosexual acts conducted in private violate a person's rights to privacy and to freedom from discrimination on the basis of sexual orientation and gender identity, in breach of applicable international human rights law (A/HRC/19/41, para. 41). Defenders working on these issues are advocating human rights standards that are internationally recognized. States should therefore ensure that defenders working to promote lesbian, gay, bisexual and transgender rights can do so in a conducive and open environment without fear of persecution. Given that it is the right of human rights defenders to develop and discuss new human rights ideas and principles and to advocate their acceptance under article 7 of the Declaration on Human Rights Defenders, it is the responsibility of the State to ensure that its legislation relating to public morals caters to this right and does not compromise the rights of defenders to freedom of expression, freedom of association and freedom of peaceful assembly.
- Body
- Special Procedures: Special Rapporteur on the situation of human rights defenders
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 64
- Document type
- Special Procedures' report
- Paragraph text
- Furthermore, States have a negative obligation not to unduly obstruct the exercise of the right to freedom of association. Members of associations should be free to determine their statutes, structure and activities and make decisions without State interference (e.g. legislation in Bulgaria, Slovakia and Slovenia). Associations pursuing objectives and employing means in accordance with international human rights law should benefit from international legal protection. Associations should enjoy, inter alia, the rights to express opinion, disseminate information, engage with the public and advocate before Governments and international bodies for human rights, for the preservation and development of a minority's culture or for changes in law, including changes in the Constitution. The Special Rapporteur recognizes that the formation of associations embracing minority or dissenting views or beliefs may sometimes lead to tensions, but he emphasizes the duty of the State to ensure that everyone can peacefully express their views without any fear. For instance, in Lesotho, the Registrar General registered the first ever lesbian, gay, bisexual and transgender organization in the country called Matrix in November 2010 (after numerous delays).
- Body
- Special Procedures: Special Rapporteur on the rights to freedom of peaceful assembly and association
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom of expression 2014, para. 53
- Document type
- Special Procedures' report
- Paragraph text
- Most disturbingly, child protection arguments are being used to block access to information on, for example, lesbian, gay, bisexual and transgender issues and thereby legitimize discrimination against sexual minorities. In the Russian Federation, amendments to the administrative code and law protecting children from harmful information entered into force in July 2013, outlawing "propaganda of non-traditional sexual relations" among children. The Special Rapporteur on the rights to freedom of peaceful assembly and of association publicly expressed concern about that law in a joint statement with other mandate holders. The child protection rationale for the Russian anti-homosexuality law has also been rejected by the European Court of Human Rights in its 2011 case Alekseyev v. Russia. Despite the criticism, other countries have followed suit. In Ukraine, in 2013, it was recommended that a draft law prohibiting "propaganda of homosexual relations" aimed at children be considered by the parliament. In the draft law "propaganda" is defined as any public action aimed at spreading information about same-sex relations. In June 2014, the human rights committee of the parliament of Kyrgyzstan approved a bill criminalizing the dissemination of information "aimed at forming positive attitudes towards non-traditional sexual relations".
- Body
- Special Procedures: Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- LGBTQI+
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 39
- Document type
- Special Procedures' report
- Paragraph text
- All places of detention must be subject to unannounced visits by independent bodies established in conformity with the Optional Protocol to the Convention against Torture. The inclusion of women, lesbian, gay, bisexual and transgender persons and other minority representation on inspection bodies at all levels would help facilitate the reporting of gender-based violence and discrimination and identify cases of torture and ill-treatment.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 33
- Document type
- Special Procedures' report
- Paragraph text
- The Special Rapporteur recalls that States are prohibited from returning anyone to a situation where there are substantial grounds to believe that the person may be subject to torture or ill-treatment. The prohibition of refoulement is absolute and an important additional source of protection for women, girls, and lesbian, gay, bisexual and transgender persons who fear such treatment in their countries of origin.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Implementation of article 14 by States parties 2012, para. 39
- Document type
- General Comment / Recommendation
- 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.
- Body
- Treaty bodies: CAT - Committee against Torture
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70x
- Document type
- Special Procedures' report
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Monitor and supervise all places of detention in a gender-sensitive manner and ensure that allegations of abuse are effectively investigated and perpetrators brought to justice; and ensure the availability of adequate, speedy and confidential complaint mechanisms in all places of detention;
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Embrace diversity and energize humanity 2017, para. 53n
- Document type
- Special Procedures' report
- 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
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Embrace diversity and energize humanity 2017, para. 53l
- Document type
- Special Procedures' report
- 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;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Embrace diversity and energize humanity 2017, para. 53f
- Document type
- Special Procedures' report
- 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;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Embrace diversity and energize humanity 2017, para. 53d
- Document type
- Special Procedures' report
- 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;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Embrace diversity and energize humanity 2017, para. 38
- Document type
- Special Procedures' report
- 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.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Embrace diversity and energize humanity 2017, para. 25a
- Document type
- Special Procedures' report
- 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;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70y
- Document type
- Special Procedures' report
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Ensure that all places of detention are subjected to effective oversight and inspection and unannounced visits by independent bodies established in conformity with the Optional Protocol to the Convention against Torture, as well as by civil society monitors; and ensure the inclusion of women and lesbian, gay, bisexual and transgender persons and other minority representation on monitoring bodies;
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 16
- Document type
- Special Procedures' report
- Paragraph text
- Conversely, an article proposed for inclusion in the penal code of Rwanda that would have carried penalties ranging from 5 to 10 years' imprisonment for any person who "practices, encourages or sensitizes people of the same sex, to sexual relation or any sexual practice" was recently rejected. The Minister of Justice of Rwanda, Tharcisse Karugarama, stated that "… sexual orientation is a private matter and each individual has his or her own orientation - this is not a State matter at all".
- Body
- Special Procedures: Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 55
- Document type
- Special Procedures' report
- Paragraph text
- The Special Rapporteur emphasizes that the right to freedom of association applies equally to associations that are not registered (A/HRC/20/27, para. 96). He endorses as best practice a voluntary registration regime that permits unregistered associations to operate. The Special Rapporteur notes with approval the recent ruling by a magistrate's court in Zimbabwe, quashing charges of running an unregistered organization preferred against a member of the Gays and Lesbians of Zimbabwe association.
- Body
- Special Procedures: Special Rapporteur on the rights to freedom of peaceful assembly and association
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 34
- Document type
- Special Procedures' report
- Paragraph text
- Lesbian, gay, bisexual and transgender persons who are deprived of their liberty are at particular risk of torture and ill-treatment, both within the criminal justice system and in other contexts such as immigration detention, medical establishments and drug rehabilitation centres. Criminal justice systems tend to overlook and neglect their specific needs at all levels. Transgender persons tend to be placed automatically in male or female prisons or wards without regard to their gender identity or expression.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 13
- Document type
- Special Procedures' report
- Paragraph text
- Women, girls, and lesbian, gay, bisexual and transgender persons are at particular risk of torture and ill-treatment when deprived of liberty, both within criminal justice systems and other, non-penal settings. Structural and systemic shortcomings within criminal justice systems have a particularly negative impact on marginalized groups. Measures to protect and promote the rights and address the specific needs of female and lesbian, gay, bisexual and, transgender prisoners are required and cannot not be regarded as discriminatory.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Embrace diversity and energize humanity 2017, para. 59g
- Document type
- Special Procedures' report
- 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;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Embrace diversity and energize humanity 2017, para. 59f
- Document type
- Special Procedures' report
- 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;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Embrace diversity and energize humanity 2017, para. 59e
- Document type
- Special Procedures' report
- 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;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Embrace diversity and energize humanity 2017, para. 53i
- Document type
- Special Procedures' report
- 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;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Embrace diversity and energize humanity 2017, para. 53b
- Document type
- Special Procedures' report
- 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;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Embrace diversity and energize humanity 2017, para. 53a
- Document type
- Special Procedures' report
- 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;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Embrace diversity and energize humanity 2017, para. 46
- Document type
- Special Procedures' report
- 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.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Embrace diversity and energize humanity 2017, para. 44
- Document type
- Special Procedures' report
- 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).
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Embrace diversity and energize humanity 2017, para. 32
- Document type
- Special Procedures' report
- 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.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph