A/HRC/29/23
62.
Private and State agents target “pride” marches, where LGBT persons and their
supporters are sometimes subjected to violence and harassment.109 In some States, such
events are denied police protection or permits, sometimes under guise of threats to public
morals or safety, abrogating the State’s duty to uphold freedom of assembly and to protect
LGBT persons from violence.110 In the absence of proper police protection, marchers have
been physically attacked and harassed by State and non-State actors, including far-right
“skinhead” groups.111
63.
Women defenders and those advocating for gender- and sexuality-related rights are
often at particular risk because they are seen as challenging traditional assumptions about
the role and status of women in society. 112
6.
Asylum and migration
64.
Asylum and migration policies in this context vary considerably. The Office of the
United Nations High Commissioner for Refugees (UNHCR) estimates that some 42 States
have granted asylum to individuals with a well-founded fear of persecution owing to sexual
orientation or gender identity. At international borders, migrants and refugees may be
subjected to invasive physical screenings and examinations and denied entry on
discriminatory grounds.113
65.
Practices in States granting asylum sometimes fall short of international standards.
Officials may be insensitive to the conditions facing LGBT asylum-seekers, and review of
applications is sometimes arbitrary and inconsistent. 114 In its judgement of 2 December
2014, the Court of Justice of the European Union ordered States to cease use of intrusive
questioning and medical tests purportedly designed to reveal applicants’ sexual orientation.
Refugees and migrants are sometimes subjected to violence and discrimination while in
detention facilities,115 and when resettled, may be housed within communities where they
experience additional sexuality- and gender-related risks. The refoulement of asylum
seekers fleeing such persecution exposes them to the risk of violence, discrimination,
criminalization and the death penalty.116
7.
Family and community
66.
States’ responsibility to protect individuals from discrimination extends to the
family sphere, where rejection and discriminatory treatment of and violence against LGBT
and intersex family members can have serious, negative consequences for the enjoyment of
human rights. Examples include individuals being physically assaulted, raped, excluded
from family homes, disinherited, prevented from going to school, sent to psychiatric
institutions, forced to marry, forced to give up custody of their children, punished for
activist work and subjected to attacks on personal reputation. In States where
homosexuality is criminalized, victims may be reluctant to report violence perpetrated by a
109
110
111
112
113
114
115
116
See A/HRC/23/34, paras. 49-50, A/HRC/26/36/Add.2, paras. 43-45.
CCPR/C/109/D/1873/2009, para. 9.6, A/HRC/23/49/Add.4, para. 22.
See A/HRC/10/12/Add.1, paras. 275-280, A/HRC/11/4/Add.1, paras. 289-2294, A/HRC/16/44/Add.1,
paras. 1157–1164.
See A/HRC/22/47/Add.1, para. 88, and “Study on the situation of women human rights defenders in
Africa”, Special Rapporteur on human rights defenders, African Commission on Human and Peoples’
Rights, 2015.
A/69/CRP.1, p. 15.
UNHCR, HCR/GIP/12/09 (see footnote 8).
See A/HRC/22/53/Add.4, para. 178.
See CCPR/C/108/D/2149/2012, para 2.4, CCPR/C/103/D/1833/2008, para. 9.2.
17
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