A/HRC/38/43 measures refer to all realms of action of the State: legislation and public policy, executive and administrative action, and access to justice, including access to an effective remedy and redress. 17. In 2017, the previous mandate holder, Vitit Muntarbhorn, identified six underpinnings: the decriminalization of consensual same-sex relations and of gender identity and expression; effective anti-discrimination measures; the legal recognition of gender identity; destigmatization linked with depathologization; sociocultural inclusion; and education with empathy. The mandate holder delivered an analysis of the first pair (see A/72/172). The Independent Expert is thankful to Professor Muntarbhorn for this significant contribution to the analytical framework of the mandate and will provide continuity to it in his reports to the Human Rights Council and the General Assembly. IV. Approaches 18. Human Rights Council resolution 32/2 provides strong guidance with regard to certain approaches that are fundamental for the mandate: dialogue and intersectionality. A. Dialogue 19. In its resolution 32/2, the Human Rights Council requested the mandate holder to engage in dialogue with all relevant stakeholders and to work in cooperation with States. The Independent Expert highly values this clear guidance on a model of active outreach for collaboration. Much information was gathered during the first year of the mandate, and the mandate holder will arrange other consultations after having analysed all input received and identified areas requiring additional input. 20. Furthermore, the Independent Expert takes inspiration in the steadfast determination of the previous mandate holder to ensure the door to the mandate remains always open, and is convinced that active listening is a fundamental part of his task. This dialogue must be built upon the cornerstone provided by basic principles and findings, inter alia, that: (a) Every person is entitled to the human rights and freedoms enshrined in international human rights law without distinction based on sexual orientation or gender identity; (b) Legislation, public policy and jurisprudence that criminalize same-sex relationships and particular gender identities are per se contrary to international human rights law, fuel stigma, legitimize prejudice and expose people to family and institutional violence and further human rights abuses, such as hate crimes, death threats and torture (A/72/172, para. 32). It then follows that the execution of any sanction based on such measures is a violation of international human rights law; deprivation of liberty, for example, is akin to arbitrary detention. The imposition of the death penalty as a result of such legislation or measures is an arbitrary killing 5 and a breach of article 6 of the International Covenant on Civil and Political Rights (see A/HRC/4/20, para. 52). 21. Within the boundaries prescribed by Human Rights Council resolution 32/2 and international human rights law, the Independent Expert looks forward to rich, evidencebased dialogue on the range of issues that States may bear in mind with regard to their national laws and development priorities, and the various religious and ethical values and cultural backgrounds of their people without disregarding their duty to promote and protect all human rights and fundamental freedoms. 6 5 6 Human Rights Council resolution 36/17, para. 3. Vienna Declaration and Programme of Action, para. 5. 5