A/HRC/38/43
initiatives, such as morality laws and the reversal of progressive legal provisions. The
concerns reflected in these observations and recommendations have been included in the
sections above.
68.
OHCHR has continued to play a critical role in the United Nations system to uphold
the rights of lesbian, gay, bisexual, trans and gender non-conforming persons, including
through advocacy by the High Commissioner and senior officials, monitoring and
reporting, and providing technical guidance to States. For example, in 2017, OHCHR
launched standards of conduct for business when tackling discrimination against LGBTI
persons.76 The same year, the OHCHR-led Free and Equal campaign released new videos
and factsheets to address the bullying of LGBTI youth and to highlight the importance of
inclusion and openness for LGBTI persons within culture and tradition.
B.
Regional
69.
In May 2017, building on the framework of its resolution 275 on protection against
violence and other human rights violations against persons on the basis of their real or
imputed sexual orientation or gender identity, the African Commission on Human and
Peoples’ Rights included in the agenda of its sixtieth session items pertaining to the issues
of sexual orientation and gender identity, including such practices as “corrective” rape and
anal examinations, and the development of training programmes for law enforcement and
the need to increase efforts to ensure protection of human rights defenders.
70.
In June 2017, during its forty-seventh session, the General Assembly of the
Organization of American States adopted a resolution on human rights in which it,
encouraged States to consider adopting measures against discrimination and violence by
reason of sexual orientation, gender identity or expression, to address homophobia and
transphobia, to ensure that medical practices are consistent with applicable human rights
standards, and to eliminate all barriers faced by LGBTI persons with regard to equal access
to political participation and other areas of public life.
71.
On 9 January 2018, the Inter-American Court of Human Rights issued an advisory
opinion (OC-24/17) on State obligations under the American Convention on Human Rights
with regard to providing quick, transparent and accessible legal gender recognition without
abusive requirements, with due respect for free and informed choice and personal integrity
and the standard, under the American Convention, for the protection of family ties between
same-sex persons.
72.
In January 2018, the Advocate General of the European Union issued the opinion
that the freedom of residence of same-sex spouses should be recognized by every State
member of the European Union. On 1 March, the European Commission presented its
second annual report on actions to advance LGBTI equality, which included a wide and
comprehensive range of measures aimed at improving rights and ensuring legal protection,
supporting monitoring systems, outreach, support for human rights defenders, data
collection, and actions to advance LGBTI equality worldwide.77
C.
National
73.
In the period since its previous report, the mandate holder has received information
about developments in a number of countries. The list of developments described below is
indicative but by no means exhaustive.
1.
Public policy and administrative action
74.
Significant change can be brought about through public policy, including in the
health, education, justice and immigration sectors. In Canada, in May 2017, the
76
77
16
See www.unfe.org/standards/.
European Commission, Annual Report 2017 on the List of actions to advance LGBTI equality —
Leading by example.
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