A/HRC/29/23
V. Discrimination63
41.
The Human Rights Committee and the Committee on Economic, Social and Cultural
Rights have repeatedly urged States to tackle both direct and indirect discrimination against
all persons, including LGBT and intersex persons.64 States have an obligation to ensure that
laws, policies and programmes executed by State authorities do not discriminate against
individuals. They also have an obligation to address discriminatory practices, including by
private actors, and to take action to prevent, diminish and eliminate the conditions and
attitudes that contribute to substantive or de facto discrimination.
42.
Discrimination against LGBT individuals is often exacerbated by other identity
factors, such as sex, ethnicity, age and religion, and socioeconomic factors, such as poverty
and armed conflict.65 The impact of such multiple forms of discrimination may be felt at an
individual level and a societal one, as LGBT persons, deprived of access to such basic
rights as employment, health, education and housing find themselves in poverty, cut off
from economic opportunity. 66 Studies undertaken in several countries suggest that rates of
poverty, homelessness and food insecurity are higher among LGBT individuals than in the
wider community.67 The World Bank has documented the negative impact of homophobia
on economic growth and development.68
A.
Discriminatory laws
1.
Laws criminalizing homosexuality and other laws used to penalize individuals because
of sexual orientation or gender identity
43.
States that criminalize consensual homosexual acts are in breach of international
human rights law since these laws, by their mere existence, violate the rights to privacy and
non-discrimination. Arrests and the detention of individuals on charges relating to sexual
orientation and gender identity – including offences not directly related to sexual conduct,
such as those pertaining to physical appearance or so-called “public scandal” – are
discriminatory and arbitrary.69 Since its landmark decision in Toonen v. Australia
(communication No. 488/1992) in 1994, the Human Rights Committee and other
mechanisms have repeatedly urged States to reform laws criminalizing consensual samesex conduct, and welcomed their repeal.
44.
At least 76 States retain laws that are used to criminalize and harass people on the
basis of sexual orientation and gender identity or expression, including laws criminalizing
63
64
65
66
67
68
69
12
See also A/HRC/19/41, paras. 40-47.
See E/C.12/GC/20, paras. 7-11, CCPR/C/PER/CO/5, para. 8.
See CRC/C/GC/15, para. 8, A/HRC/20/16, paras. 17, 23-27, A/HRC/26/50, para. 15,
CEDAW/C/GC/28, para. 18.
See A/HRC/27/55, paras. 64-66, E/C.12/PER/CO/2-4, para. 5.
See Lucas Paoli Itaborahy, LGBT people living in poverty in Rio de Janeiro (London, Micro
Rainbow, 2014); and Gary J. Gates, “Food Insecurity and SNAP (Food Stamps) Participation in
LGBT Communities”, Williams Institute, February 2014.
M.V. Lee Badgett, “The economic cost of stigma and the exclusion of LGBT People: a case study of
India”, World Bank Group, 2014.
See CCPR/C/BLZ/CO/1, para. 13, CCPR/C/PHL/CO/4, para. 10, CCPR/C/SLV/CO/6, para. 3(c).
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