A/HRC/41/45/Add.2 urgently acknowledge and embrace its lesbian, bisexual, trans and gay populations in order to build a just and inclusive society free from fear and violence where everyone can enjoy prosperous and fulfilling lives. VI. Recommendations 79. With regard to cooperation with international and regional human rights mechanisms, the Independent Expert recommends that the Mozambican authorities: (a) Ratify the International Covenant on Economic, Social and Cultural Rights and the International Convention for the Protection of All Persons from Enforced Disappearance, and take the necessary measures to accept individual complaints procedures under all international human rights treaties; (b) Fully integrate recommendations related to sexual orientation and gender identity made by international human rights mechanisms into its national plan of action, and move towards their implementation; (c) Adopt legislative, administrative, judicial and other measures necessary to curb violence against persons based on their real or imputed sexual orientation or gender identity, as prescribed in resolution 275 of the African Commission on Human and Peoples’ Rights and in line with the treaty obligations of Mozambique under the African Charter on Human and Peoples’ Rights,27 which guarantees the principles of equality and non-discrimination and other fundamental rights and freedoms, and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol),28 which requires States parties to take specific measures to combat violence against women regardless of their sexual orientation or gender identity. 80. With regard to the legal framework, the Independent Expert recommends that the Mozambican authorities: (a) Adopt anti-discriminations laws and other measures to integrate sexual orientation and gender identity in the national legislation of Mozambique. Antidiscriminations laws should cover both the public and private spheres, and provide protection in key contexts, such as education, health care, housing and provision of good and services. To be effective, anti-discrimination frameworks should provide for effective measures to investigate alleged violations, provide redress for victims and accountability for alleged perpetrators (see A/72/172). Anti-discrimination legislation can take different shapes and forms. Inclusion of the grounds of sexual orientation and gender identity in the Constitution has proved to be best practice, and Mozambique could amend article 35 of the Constitution to add these grounds as prohibited grounds of discrimination; (b) Add the grounds of sexual orientation and gender identity to article 243 of the Penal Code with a view to criminalizing discrimination on those grounds, and enact laws against hate crime and hate speech that establish homophobia, biphobia and transphobia as aggravating factors for the purpose of sentencing; (c) Amend article 77 of the 2004 Civil Registry Code to enable transgender persons to change their legal identity and gender marker. Alternatively, Mozambique could adopt directives requesting the Civil Registrar to change the name and gender marker of transgender person who wish to do so, as provided under article 85 (1) (m) of the Code. As a matter of general principle, the process of gender identity 27 28 16 Mozambique ratified the African Charter on Human and Peoples’ Rights on 22 February 1989. The African Commission recently issued a non-exhaustive list of grounds for discrimination, which includes gender and gender identity, in its general comment No. 4 on the African Charter on Human and Peoples’ Rights: the right to redress for victims of torture and other cruel, inhuman or degrading punishment or treatment (article 5). Ratified by Mozambique on 9 December 2005.