A/HRC/38/43
(a)
Create effective systems for recording and reporting hate crimes based
on sexual orientation and gender identity;
(b)
Establish specialized prosecutorial units to investigate and prosecute
hate crimes based on sexual orientation and gender identity;
(c)
Adopt specific policies, guidelines and protocols related to sexual
orientation and gender identity, and provide specialized training to law enforcement
personnel and persons working in the justice system to address unconscious bias that
may permeate investigations and prosecutions;
(d)
Ensure that the sexual orientation or gender identity of a victim is not
used as a justification for crime or to reduce sentences, or to absolve perpetrators
from criminal liability.
96.
In addition, States should adopt anti-discrimination legislation that includes
sexual orientation and gender identity among prohibited grounds, and develop
specific programmes and policies to end the spiral of discrimination, marginalization
and exclusion that have a negative impact on the rights of lesbian, gay, bisexual, trans
and gender non-confirming persons, including their rights to health, education, work
and an adequate standard of living, and on their access to justice.
97.
To that end, the Independent Expert recommends in particular that States and
other actors:
(a)
Design and conduct public education campaigns, including on antibullying and sexual education;
(b)
Formulate education policies addressing harmful social and cultural
bias, misconceptions and prejudice;
(c)
Address negative and/or stereotypical portrayals of lesbian, gay,
bisexual, trans and gender non-conforming persons in the media, and encourage the
media to play a positive role in addressing stigma, prejudice and discrimination;
(d)
Address the vulnerability of the most marginalized and excluded lesbian,
gay, bisexual, trans and gender non-conforming persons, and take affirmative action
to redress structural discrimination and to remedy socioeconomic inequalities.
98.
The Independent Expert recommends that States enact gender recognition laws
concerning the rights of trans persons to change their name and gender markers on
identification documents. Such procedures should be quick, transparent and
accessible, without abusive conditions, and respectful of the principle of free and
informed choice, and of personal integrity.
99.
The Independent Expert also calls upon States to take measures to improve the
health and well-being of lesbian, gay, bisexual, trans and gender non-conforming
persons, and to guarantee their access to quality health-care services and healthrelated information.
100. States should ban so-called “conversion therapy”, forced medical examinations,
including anal examinations, involuntary treatment, forced or otherwise involuntary
psychiatric evaluations, forced or coerced surgery, sterilization and other coercive
medical procedures imposed on lesbian, gay, bisexual, trans and gender nonconforming persons.
101. The Independent Expert urges States to take measures to protect defenders and
supporters of the rights of lesbian, gay, bisexual, trans and gender non-conforming
persons from attacks, intimidation and other abuses, and to create safe and enabling
spaces for their work.
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