A/HRC/29/23 to ensure that perpetrators face administrative, civil or criminal responsibility, as appropriate.19 States should also provide legal recognition and protection to same-sex couples20 and protect the rights of their children, without discrimination. 21 E. To protect rights to freedom of expression, association and assembly and to take part in the conduct of public affairs 18. States have obligations to protect rights to freedom of thought and expression, association and peaceful assembly without discrimination on the grounds of sexual orientation or gender identity. To that end, they should review and repeal discriminatory provisions in domestic legislation that have a disproportionate impact on the exercise of these rights by LGBT persons and others advocating for their rights. States should refrain from directly interfering with these rights and protect LGBT persons exercising these rights from attacks and reprisals through preventive measures and by investigating attacks, prosecuting perpetrators and ensuring remedy for victims. 22 19. States must protect the right to take part in the conduct of public affairs, without discrimination, and ensure that LGBT and intersex persons and organizations defending their rights are consulted with regard to legislation and policies that affect their rights. 23 States should take measures to empower LGBT and intersex persons, and to facilitate their participation in economic, social and political life. 24 IV. Homophobic and transphobic violence25 A. Context 20. Due diligence requires States to ensure the protection of those at particular risk of violence – including, in the present context, those targeted because of their sexual orientation and gender identity. 21. United Nations human rights mechanisms continue to receive reports of homophobic and transphobic violence committed in all regions. Such violence may be physical (including murder, beatings, kidnapping and sexual assault) or psychological (including threats, coercion and the arbitrary deprivation of liberty, including forced psychiatric incarceration). These attacks constitute a form of gender-based violence, driven by a desire to punish individuals whose appearance or behaviour appears to challenge gender stereotypes. 22. In addition to “street” violence and other spontaneous attacks in public settings, those perceived as LGBT remain targets of organized abuse, including by religious 19 20 21 22 23 24 25 See CCPR/C/ALB/CO/2, para. 8, CRC/C/TZA/CO/3-5, paras. 55-56, CAT/C/RUS/CO/5, para. 15, CEDAW/C/CRI/CO/5-6, para. 41, CCPR/C/UKR/CO/7, para. 8, CCPR/C/21/Rev.1/Add.13. See E/C.12/BGR/CO/4-5, para. 17, E/C.12/SVK/CO/2, para. 10, CCPR/C/JPN/CO/5, para. 29. See CRC/C/GC/15, para. 8. See CCPR/C/GC/34, para. 26, CCPR/C/GEO/CO/4, para. 8, A/HRC/25/55/Add.3, para. 364, A/HRC/26/29. See A/HRC/23/36/Add.2, para. 97, CEDAW/C/DEU/CO/6, para. 61, CCPR/C/IRL/CO/4, para. 7. See A/69/365, paras. 24, 76, 87-91, A/HRC/26/39/Add.2, para. 110(a). See also A/HRC/19/41, paras. 20-39. 7