A/HRC/41/45/Add.2 26. There is no specific law that allows transgender persons in Mozambique to change the gender marker in their identity documents. Article 77 of the Civil Registry Code (Law No. 12/2004) states that, unless otherwise provided, no alterations may be made to the details entered on the birth certificate once it has been signed. However, article 85 (1) (m) provides for amendments to be made to birth certificates when legal facts have resulted in alterations to some aspect of the identity or the civil status of the registered person. According to some sources, that article could potentially be used to request a change of gender marker in identity documents. The Independent Expert recalls that self-determined gender is a fundamental part of a person’s free and autonomous choice in relation to roles, feelings, forms of expression and behaviours, and a cornerstone of the person’s identity. The resulting obligation of States is to provide access to gender recognition (A/73/152, para. 21). Allowing trans persons to change their name and gender markers on identity documents would also be in line with the expectations of the majority of the Mozambican population, as highlighted in a 2017 survey. 16 27. In December 2014, Mozambique adopted Law No. 35/2014, amending the legislative provisions protecting persons from domestic violence. While the previous law (No. 29/2009) had exclusively proscribed acts of domestic violence committed against women by men or persons with family ties to the victim, the new provision is genderneutral, hence allowing for the protection of lesbian, gay, bisexual and trans people and partners in same-sex couples. Pursuant to article 245 of the Penal Code, everyone shall be protected from violence committed by spouses, ex-spouses, de facto partners, cohabiting partners, partners, ex-partners, girlfriends, boyfriends, ex-girlfriends, ex-boyfriends and family members. The Independent Expert commends this legislative change, but notes a lack of awareness among law enforcement personnel that may constitute an obstacle to the full implementation of the law. 28. Laws that focus on family values are heteronormative in nature. For instance, pursuant to article 7 of the Family Law (No.10/2014), marriage is the voluntary and singular union between a man and a woman. It therefore recognizes only heterosexual relationships. Article 53 (e) specifically provides that marriage contracted between two persons of the same sex has no legal effect. The same is true in the case of de facto unions, which are recognized only between a man and a woman (art. 202). The law allows single persons to adopt, as long as they meet the legal requirements, while couples or two individuals can adopt jointly only if they are married or in a valid de facto union (art. 393). B. Institutional and public policy framework 29. The Ministry of Justice, Constitutional and Religious Affairs is the main entity in charge of the coordination of human rights implementation, through its Directorate for Human Rights and Citizenship. The Directorate operates through an Interministerial Human Rights Working Group, involving the ministries of foreign affairs, education and human development, health, internal affairs and women and social action. A framework to monitor and evaluate the implementation of recommendations from the United Nations human rights bodies has been established by the Directorate. The monitoring committee of the Directorate meets on a quarterly basis and generates progress reports, providing a basis for the preparation of reports to United Nations and other human rights mechanisms. 30. There is no State policy for the promotion and protection of the human rights of lesbian, gay, bisexual and trans persons in Mozambique. Similarly, the National Gender Policy, approved in August 2018 by the Council of Ministers, is silent about diverse gender identities, despite the fact that it refers to masculinity as socially defined and not necessarily connected to the biological sex. 31. One of the very few measures for the promotion and protection of the human rights of lesbian, gay, bisexual and trans persons that the Independent Expert identified during his visit is the fact that the Ministry of the Interior is currently revising the handbook and 16 See Lambda, “Attitudes towards homosexuality in Maputo, Beira and Nampula”. 7