A/HRC/29/23
to ensure that perpetrators face administrative, civil or criminal responsibility, as
appropriate.19 States should also provide legal recognition and protection to same-sex
couples20 and protect the rights of their children, without discrimination. 21
E.
To protect rights to freedom of expression, association and assembly
and to take part in the conduct of public affairs
18.
States have obligations to protect rights to freedom of thought and expression,
association and peaceful assembly without discrimination on the grounds of sexual
orientation or gender identity. To that end, they should review and repeal discriminatory
provisions in domestic legislation that have a disproportionate impact on the exercise of
these rights by LGBT persons and others advocating for their rights. States should refrain
from directly interfering with these rights and protect LGBT persons exercising these rights
from attacks and reprisals through preventive measures and by investigating attacks,
prosecuting perpetrators and ensuring remedy for victims. 22
19.
States must protect the right to take part in the conduct of public affairs, without
discrimination, and ensure that LGBT and intersex persons and organizations defending
their rights are consulted with regard to legislation and policies that affect their rights. 23
States should take measures to empower LGBT and intersex persons, and to facilitate their
participation in economic, social and political life. 24
IV. Homophobic and transphobic violence25
A.
Context
20.
Due diligence requires States to ensure the protection of those at particular risk of
violence – including, in the present context, those targeted because of their sexual
orientation and gender identity.
21.
United Nations human rights mechanisms continue to receive reports of homophobic
and transphobic violence committed in all regions. Such violence may be physical
(including murder, beatings, kidnapping and sexual assault) or psychological (including
threats, coercion and the arbitrary deprivation of liberty, including forced psychiatric
incarceration). These attacks constitute a form of gender-based violence, driven by a desire
to punish individuals whose appearance or behaviour appears to challenge gender
stereotypes.
22.
In addition to “street” violence and other spontaneous attacks in public settings,
those perceived as LGBT remain targets of organized abuse, including by religious
19
20
21
22
23
24
25
See CCPR/C/ALB/CO/2, para. 8, CRC/C/TZA/CO/3-5, paras. 55-56, CAT/C/RUS/CO/5, para. 15,
CEDAW/C/CRI/CO/5-6, para. 41, CCPR/C/UKR/CO/7, para. 8, CCPR/C/21/Rev.1/Add.13.
See E/C.12/BGR/CO/4-5, para. 17, E/C.12/SVK/CO/2, para. 10, CCPR/C/JPN/CO/5, para. 29.
See CRC/C/GC/15, para. 8.
See CCPR/C/GC/34, para. 26, CCPR/C/GEO/CO/4, para. 8, A/HRC/25/55/Add.3, para. 364,
A/HRC/26/29.
See A/HRC/23/36/Add.2, para. 97, CEDAW/C/DEU/CO/6, para. 61, CCPR/C/IRL/CO/4, para. 7.
See A/69/365, paras. 24, 76, 87-91, A/HRC/26/39/Add.2, para. 110(a).
See also A/HRC/19/41, paras. 20-39.
7
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