A/HRC/29/23 C. Positive developments since 2011 71. Three States (Mozambique, Palau and Sao Tome and Principe) have decriminalized consensual same-sex conduct, and several others have accepted recommendations to do so. The United Kingdom and several states in Australia have adopted measures to expunge the criminal records of individuals convicted of consensual homosexuality-related offences. 72. Fiji has added an anti-discrimination clause in its Constitution prohibiting discrimination based on sexual orientation, gender identity and gender expression, and Malta has added gender identity to the list of prohibited grounds of discrimination included in its Constitution. Anti-discrimination laws have also been strengthened in several States, including Chile, Cuba, Georgia, the Republic of Moldova, Montenegro, as well as in Australia and Malta, which became the first countries to expressly prohibit discrimination against intersex persons. 73. Legal recognition of same-sex relationships was introduced in at least 12 additional States, either in the form of civil marriage (Brazil, Denmark, France, Luxembourg, New Zealand, United Kingdom, Uruguay) or civil unions (Chile, Croatia, Ireland, Liechtenstein, Malta). Argentina, Denmark and Malta established new laws that allow transgender persons to obtain legal recognition of their gender identity on the basis of self-determination, while Australia (Australian Capital Territory), the Netherlands and Sweden removed abusive sterilization, forced treatment and divorce requirements. Argentina furthermore established access to free gender-affirming treatment for those who wish to receive such treatment. Nepal and Bangladesh created a legal “third gender” category, and new passport policies in Australia and New Zealand allow individuals to choose male, female or indeterminate gender markers. The Supreme Court of India affirmed the right of transgender persons to determine their own gender, and called upon the Government to ensure equal rights for transgender persons, including in access to health care, employment and education. Malta became the first State to prohibit sex-assignment surgery or treatment on intersex minors without their informed consent. 74. Other initiatives include the development of a new judicial protocol to guide adjudication of cases involving human rights violations on grounds of sexual orientation and gender identity (Mexico); implementation of employment-related anti-discrimination protections (Bolivia (Plurinational State of), Botswana); new guidance materials and training for police, teachers and/or other officials (Canada, Colombia, Croatia, Denmark, Montenegro, Norway, Mexico, Serbia, Spain); expansion of anti-bullying programmes and other anti-discrimination measures in schools (Albania, Australia, Brazil, Canada, Taiwan province of China, Ireland, Portugal, Sweden, United Kingdom), and annual reporting on discrimination and violence in schools (Brazil); LGBT suicide prevention programmes (Belgium, Japan, United Kingdom); a human rights-based comprehensive sexuality education curriculum for schools (South Africa); scholarships for transgender persons who enrol in vocational training (Brazil); construction of homeless shelters for LGBT youth (Albania, United States); and no longer requiring external corroboration of sexual orientation or gender identity for LGBT asylum-seekers (Italy, Portugal). 75. National plans of action were developed to tackle discrimination against LGBT persons in Brazil, Canada (Quebec), France, Norway, South Africa and the United Kingdom, and, in Uruguay, a plan to combat the social exclusion of transgender persons. Several States also launched national public education campaigns to counter homophobia and transphobia (Argentina, Australia, Belgium (Flanders), Brazil, Colombia, Cuba, Montenegro, Serbia, South Africa, United Kingdom, Uruguay). Mexico has officially designated 17 May as the National Day against Homophobia. 19

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents