A/HRC/29/23 detention, and to freedom of expression, association and peaceful assembly, and all other civil, political, economic, social and cultural rights. 10. States have well-established obligations to respect, protect and fulfil the human rights of all persons within their jurisdiction, including LGBT and intersex persons. These obligations extend to refraining from interference in the enjoyment of rights, preventing abuses by third parties and proactively tackling barriers to the enjoyment of human rights, including, in the present context, discriminatory attitudes and practices. Specific related obligations are elaborated below, building on analysis in the previous report (A/HRC/19/41) and evolving work of United Nations human rights mechanisms. A. To protect individuals from violence 11. States have an obligation to exercise due diligence to prevent, investigate, punish and redress deprivation of life and other acts of violence. United Nations mechanisms have called upon States to fulfil this obligation by taking legislative and other measures to prohibit, investigate and prosecute all acts of targeted, hate-motivated violence and incitement to violence directed at LGBT and intersex persons, and to provide remedy to victims and protection against reprisals. 5 They have called for State officials to publically condemn such acts, and to record statistics on such crimes and the outcomes of investigations, prosecutions and remedial measures. 6 The application of the death penalty on the basis of sexual orientation and gender identity violates fundamental State obligations to protect the rights to life, privacy, equality before the law and freedom from discrimination.7 12. States also have an obligation not to return refugees to places where life or freedom would be threatened on account of actual or perceived sexual orientation and gender identity.8 B. To prevent torture and ill-treatment 13. States have an obligation to protect all persons, including LGBT and intersex persons, from torture and other cruel, inhuman or degrading treatment or punishment in custodial, medical and other settings. This obligation extends to prohibiting, preventing, investigating and providing redress for torture and ill-treatment in all contexts of State control, including by ensuring that such acts are offences under domestic criminal law. 9 State responsibility is engaged if public officials, including prison and police officers, directly commit, instigate, incite, encourage, acquiesce in or otherwise participate or are complicit in such acts, as well as if officials fail to prevent, investigate, prosecute and punish such acts by public or private actors.10 14. The medical practices condemned by United Nations mechanisms in this context include so-called “conversion” therapy, forced genital and anal examinations, forced and 5 6 7 8 9 10 See CCPR/C/KGZ/CO/2, para. 9, A/HRC/20/22/Add.2, paras. 5, 55, 76, CCPR/C/MWI/CO/1/Add.1, para. 10. See CCPR/C/MWI/CO/1, para. 7, A/HRC/26/30/Add.3, para. 88. See CCPR/C/MRT/CO/1, para. 8, A/67/275, paras. 36-38. See also UNHCR, Guidelines on international protection No. 9, HCR/GIP/12/09, 23 October 2012; CCPR/C/108/D/2149/2012. See CAT/C/GC/3, para. 39. See CAT/C/GC/2, paras. 15-19. 5