A/HRC/29/23 otherwise involuntary sterilization and medically unnecessary surgery and treatment performed on intersex children.11 C. To decriminalize homosexuality and to repeal other laws used to punish individuals on the basis of sexual orientation and gender identity 15. States have an obligation to protect the rights to privacy, liberty and security of the person, including the right not to be subjected to arbitrary arrest and detention. United Nations mechanisms have called upon States to fulfil these obligations by repealing laws used to punish individuals based on their sexual orientation and gender identity, including laws criminalizing homosexuality and cross-dressing, and have rejected attempts to justify such laws on grounds of the protection of public health or morals. 12 States must refrain from arresting or detaining persons on discriminatory grounds, including sexual orientation and gender identity.13 D. To protect individuals from discrimination on grounds of sexual orientation and gender identity 16. The protection of rights to equality before the law, equal protection of the law and freedom from discrimination is a fundamental obligation of States under international law, and requires States to prohibit and prevent discrimination in private and public spheres, and to diminish conditions and attitudes that cause or perpetuate such discrimination. 14 To this end, States should enact comprehensive anti-discrimination legislation that includes sexual orientation and gender identity among protected grounds. 15 States should review and repeal discriminatory laws and address discrimination against LGBT and intersex persons, including in the enjoyment of the rights to health, education, work, water, adequate housing and social security.16 17. States also have obligations to address discrimination against children and young persons who identify or are perceived as LGBT or intersex. This includes harassment, bullying in schools, lack of access to health information and services, and coercive medical treatment.17 United Nations mechanisms have called upon States to legally recognize transgender persons’ preferred gender, without abusive requirements, including sterilization, forced medical treatment or divorce.18 They have called upon States to develop education campaigns and train public officials to combat stigma and discriminatory attitudes, to provide victims of discrimination with effective and appropriate remedies, and 11 12 13 14 15 16 17 18 6 See A/HRC/22/53, paras. 76-79, 88, CRC/C/CHE/CO/2-4, paras. 42-43, CAT/C/DEU/CO/5, para. 20. See CCPR/C/50/D/488/1992, paras. 8.3-10, E/C.12/IRN/CO/2, para. 7, CEDAW/C/UGA/CO/7, paras. 43-44, CRC/C/GAM/CO/2-3, paras. 29-30, A/HRC/14/20 paras. 17-26, CCPR/C/KWT/CO/2, para. 30. See CCPR/C/GC/35, paras. 3, 17, A/HRC/4/40/Add.1, opinion 22/2006, para. 19; A/HRC/22/44, para. 38. See CCPR/C/PER/CO/5, para. 8, E/C.12/GC/20, paras. 7-11, CEDAW/C/GC/28, para. 18. See E/C.12/GC/20, para. 32 and, 39, CEDAW/C/CRI/CO/5-6, para. 40, CRC/C/AUS/CO/4, paras. 29-30, CRC/C/CHE/CO/2-4, para. 25. See E/C.12/GC/20, para. 11, 27 and 32, E/C.12/IDN/CO/1, para. 6, CRC/C/IRQ/CO/2-4, paras. 1920. See CRC/C/RUS/CO/4-5, paras. 24-25, 55-56, 59-60, CRC/C/GC/15, paras. 8, 31, 60. See CCPR/C/IRL/CO/3, para. 8, CCPR/C/IRL/CO/4, para. 7, CCPR/C/UKR/CO/7, para. 10, CEDAW/C/NLD/CO/5, paras. 46-47.

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