A/HRC/31/57
enforced or administered without the free and informed consent of the person
concerned;
(j)
Prohibit and prevent the discriminatory denial of medical care and of
pain relief, including HIV treatment, to lesbian, gay, bisexual, transgender and
intersex persons.
73.
With regard to domestic and private-actor violence against women, girls, and
lesbian, gay, bisexual, transgender and intersex persons, the Special Rapporteur calls
upon States to:
(a)
Repeal or reform civil laws that restrict women’s access to divorce,
property and inheritance rights and that subjugate women and limit their ability to
escape situations of domestic and other gender-based violence;
(b)
Dismantle legal and practical barriers to initiating legal proceedings and
reform judicial systems and procedures to permit women to obtain protective
measures, including, inter alia, restraining and protective orders, witness protection
programmes and other measures designed to combat harassment and retaliation;
(c)
Provide community support programmes and services, including
shelters, to victims and their dependents;
(d)
Enact legislation that prohibits discrimination by public actors and
private parties, including hate crime laws that sanction homophobic and transphobic
violence; ensure that appropriate laws apply to all persons equally, regardless of real
or perceived sexual orientation and gender identity; and implement effective
complaint and enforcement procedures and systems for quantifying prohibited acts.
74.
With regard to harmful practices, the Special Rapporteur calls upon States to:
(a)
Remove the defence of “honour” and other mitigating factors in
prosecuting victims’ relatives; and engage in community outreach and public
education campaigns to raise public awareness about honour-based crimes;
(b)
Implement legislation that prohibits all forms of female genital
mutilation at all levels, including in State-run and private medical facilities; prosecute
and hold accountable health-care professionals, community leaders and other public
officials who perpetrate or condone the practice or refuse to implement relevant laws;
and concomitantly raise awareness and mobilize public opinion against female genital
mutilation through community-based programmes and educational campaigns;
(c)
Implement and enforce uniform laws that prohibit child marriage before
the age of 18, with no exceptions on the basis of parental consent or personal status
laws; extend the prohibition to cover traditional and religious marriages; provide
appropriate assistance to women and girls living in forced marriages, including by
helping women leave the marriage with a share of matrimonial assets, custody of
children and the right to remarry; and provide support to victims’ dependents and
members of immediate families;
(d)
Ensure that victims of honour-based violence have equal access to justice
and remedies, including appropriate long-term social, psychological, medical and
other appropriate specialized rehabilitation measures.
23
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