A/HRC/41/45/Add.2 21. At the same time, contrary to his preconception, the Independent Expert found no evidence of a connection between the process of decriminalization and a State vision aimed at combating violence and discrimination on the basis of sexual orientation and gender identity, or a concerted public policy to that effect. For example, during his dialogue with parliamentarians, the Independent Expert was told that the legislative change had nothing to do with homosexuality which, in their views, had never been illegal in Mozambique. They also indicated that it did not have anything to do with “permitting” homosexuality and that the decision to repeal the provisions related to the “vices against nature” had been grounded in the principle of equality and could not be equated with the “legalization” of homosexuality. Legal framework in force 22. The legislative framework is mostly silent with regard to the human rights of lesbian, gay, bisexual and trans people. There are no comprehensive anti-discrimination laws covering sexual orientation and gender identity, no hate crime or hate speech laws or other criminal justice mechanisms to aid in the prosecution of homophobic or transphobic crimes. 23. The Constitution of Mozambique nonetheless guarantees equality before the law (art. 35) and prohibits discrimination (art. 39). Although there is no explicit mention of sexual orientation or gender identity as prohibited grounds of discrimination, State officials with whom the Independent Expert met during the visit, including Supreme Court judges, consistently expressed the view that the Constitution should be interpreted as prohibiting all forms of discrimination, including discrimination based on sexual orientation and gender identity. 24. Furthermore, article 43 requires that the constitutional principles in respect of fundamental rights be interpreted and integrated in harmony with the Universal Declaration of Human Rights and the African Charter on Human and Peoples’ Rights. Equality and non-discrimination are fundamental human rights principles embodied in these two documents. These core principles are reaffirmed through the international human rights instruments, many of which contain open-ended provisions against discrimination, 14 and have been interpreted to include discrimination on the basis of sexual orientation and gender identity. 15 Similarly, in 2014, the African Commission on Human and Peoples’ Rights adopted 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. That resolution upholds the premise that sexual orientation and gender identity are grounds for protection from violence and other human rights violations, including discrimination, under the African Charter. 25. The Labour Law (No. 23/2007) is one law in Mozambique that specifically provides for protection from discrimination on the basis of sexual orientation. It specifically outlaws discrimination in the workplace based on sexual orientation, race and HIV/AIDS status (arts. 4 (1) and 108 (3)). Workers’ right to privacy is protected in articles 5 and 6, which prohibit employers from requesting personal information from employees, including with regard to workers’ intimate and personal life. The Independent Expert regrets, however, that there is no protection from discrimination on the basis of gender identity, as trans persons often bear the brunt of discrimination, especially in accessing decent work in the context of Sustainable Development Goal 8. 14 15 6 See, for example, International Covenant on Civil and Political Rights, art. 2 (1); International Covenant on Economic, Social and Cultural Rights, art. 2; Convention on the Rights of the Child, art. 2. For example, Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para. 27; Toonen v. Australia (CCPR/C/50/D/499/1992), para. 8.7; Committee on the Rights of the Child, general comments No. 4 (2003) on adolescent health and development in the context of the Convention, para. 6, and No. 9 (2006) on the rights of children with disabilities, para. 8; Committee against Torture, general comments No. 2 (2007) on the implementation of article 2, para. 21, and No. 3 (2012) on the implementation of article 14, paras. 32 and 39.