A/HRC/29/23
VI. Conclusions and recommendations
76.
The present study is the second on violence and discrimination based on sexual
orientation and gender identity requested by the Human Rights Council. While some
progress has been made since the first study in 2011, the overall picture remains one
of continuing, pervasive, violent abuse, harassment and discrimination affecting
LGBT and intersex persons in all regions. These constitute serious human rights
violations, often perpetrated with impunity, indicating that current arrangements to
protect the human rights of LGBT and intersex persons are inadequate. There is as
yet no dedicated human rights mechanism at the international level that has a
systematic and comprehensive approach to the human rights situation of LGBT and
intersex persons.
77.
The recommendations below describe measures to protect individuals from the
kinds of human rights violations documented above. They draw from good practices
observed in the course of compiling the report and recommendations of United
Nations human rights mechanisms.
A.
States
78.
The High Commissioner recommends that States address violence by:
(a)
Enacting hate crime laws that establish homophobia and transphobia as
aggravating factors for purposes of sentencing;
(b)
Conducting prompt, thorough investigations of incidents of hatemotivated violence against and torture of LGBT persons, holding perpetrators to
account, and providing redress to victims;
(c)
Collecting and publishing data on the number and types of incidents,
while providing for the security of those reporting;
(d)
Prohibiting incitement of hatred and violence on the grounds of sexual
orientation and gender identity, and holding to account those responsible for related
hate speech;
(e)
Training law enforcement personnel and judges in gender-sensitive
approaches to addressing violations related to sexual orientation and gender identity;
(f)
Ensuring that police and prison officers are trained to protect the safety
of LGBT detainees, and holding to account State officials involved or complicit in
incidents of violence;
(g)
Banning “conversion” therapy, involuntary
sterilization and forced genital and anal examinations;
(h)
treatment,
forced
Prohibiting medically unnecessary procedures on intersex children;
(i)
Ensuring that no one fleeing persecution on grounds of sexual
orientation or gender identity is returned to a territory where his or her life or
freedom would be threatened, that asylum laws and policies recognize that
persecution on account of sexual orientation or gender identity may be a valid basis
for an asylum claim; and eliminating intrusive, inappropriate questioning on asylum
applicants’ sexual histories, and sensitizing refugee and asylum personnel.
79.
20
States should address discrimination by:
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