A/HRC/38/43
I. Introduction
1.
The present report is submitted to the Human Rights Council pursuant to its
resolution 32/2, in which the Council established the mandate of Independent Expert on
protection against violence and discrimination based on sexual orientation and gender
identity. It is the first prepared by the current mandate holder, Victor Madrigal-Borloz,
since he took up his functions, and is issued on the basis of the work carried out from 1
January to 30 April 2018.
2.
The Independent Expert has accepted to be the custodian of a mandate stemming
from the vision of States committed to eradicating violence and discrimination based on
sexual orientation and gender identity, and a resolve of other stakeholders to inspire and
nurture this unpostponable task. At the centre of Council resolution 32/2 lie both the
principle that every person is entitled to live free from violence and discrimination and the
acknowledgement that such acts are often perpetrated against individuals, groups,
communities or populations whose sexual orientation or gender identity vary from a
particular norm.
3.
The mandate is anchored in universally accepted human rights principles. Council
resolution 32/2 builds on the idea that the ultimate objective of the community of nations is
the recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family as the foundation of freedom, justice and peace.
II. Activities from 1 January to 30 April 2018
4.
From 1 January to 30 April 2018, the Independent Expert engaged in dialogue and
consulted with States and other stakeholders, including United Nations agencies, funds and
programmes, regional human rights mechanisms, national human rights institutions, civil
society organizations and academic institutions.
5.
In order to ensure efficient cooperation, the Independent Expert engaged actively
with the Office of the United Nations High Commissioner for Human Rights (OHCHR)
and other key entities within the United Nations human rights system, such as the
Coordination Committee of Special Procedures. With this objective in mind, he conducted
two working sessions in Geneva, of two days each, on 18 and 19 January and on 15 and 16
March 2018.
6.
In Geneva on 19 January, in London on 22 January, in Copenhagen on 31 January,
in Washington, D.C. on 6 March, in New York on 9 March, in Washington, D.C. on 27
March and in London on 19 April 2018, the Independent Expert held meetings with
representatives of States and groups of States, among them those promoting Human Rights
Council resolution 32/2 and the Equal Rights Coalition, and representatives of international
and regional organizations, to discuss the views of the Independent Expert and his approach
to the mandate.
7.
The Independent Expert took part in the second trilateral dialogue between the InterAmerican Commission on Human Rights, the African Commission on Human and Peoples’
Rights and the United Nations human rights system, held in Washington, D.C. from 26 to
28 March 2018. The second dialogue had the aim of discussing matters concerning human
rights through the lens of sexual orientation, gender identity and sex characteristics, and had
three overarching objectives: to share best practices and challenges; to identify fields of
collaboration; and to reaffirm the commitment of United Nations human rights experts and
the Inter-American and African regional human rights systems to the eradication of
violence and discrimination based on sexual orientation and gender identity. United Nations
experts underlined their support for the extraordinary work carried out in this field by the
regional systems, which in turn recognized the fundamental importance of including the
United Nations-based perspective into regional work.
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