A/HRC/43/52
(i)
Ensuring that all individuals can participate in sport in line with the gender
with which they identify, subject only to reasonable, proportionate and non-arbitrary
requirements and without gender-based discrimination;
(ii)
Installing appropriate changing rooms and increasing awareness in the sporting
community of privacy and any anti-discrimination laws for persons of diverse sexual
orientations, gender identities, gender expressions and sex characteristics;
(iii) Removing, and refraining from introducing, policies that force, coerce or
otherwise pressure women athletes into undergoing unnecessary and harmful medical
examinations, testing and/or procedures in order to participate as women athletes;
(iv) Taking measures to encourage the general public to respect diversity based on
gender in sports and to eliminate privacy incursions;
(m) Ensure, when it is a matter of important public interest to enquire into past
events arising from or associated with infringements of privacy on the basis of gender, that:
(i)
The right to privacy of individuals as being necessary, proportionate and lawful
is protected;
(ii)
There is effective access to information concerning the facts related to
violations, including archived material;
(iii)
Individuals have full access to their complete health histories;
(iv) Independent and impartial investigation, remedies, redress and reparation,
including, where appropriate, psychological support and restorative treatments, are
available;
(v)
Documentary evidence of infringements of the right to privacy based on gender
is preserved;
(n)
Prohibit the use of mass surveillance techniques for indiscriminate genderbased surveillance of those exercising the right to peaceful assembly and association, in
physical spaces and online;
(o)
Protect the privacy of those involved in advocacy for and on behalf of
individuals and communities subject to gender-based infringements of privacy;
(p)
Design and implement a protocol for the military service of lesbian, gay,
bisexual, transgender and intersex individuals in which their gender identities are identified,
military service is enabled and there is protection from discrimination and violence.
H.
Housing and education
38.
States and non-State actors should:
(a)
Ensure that:
(i)
Housing and educational programmes protect the privacy of all, regardless of
gender, age, indigeneity or disability, among other factors;
(ii)
These programmes do not discriminate on the basis of gender;
(b)
Establish privacy-respectful and gender-inclusive policies, programmes and
services that address issues such as single-sex facilities, toilets and changing rooms and
clothing in educational institutions, introduce gender-appropriate official documents and
records and reform discriminatory education policies, regulations, curriculums and teaching
materials and practices;
(c)
Take action to prevent, reduce and penalize prejudice and violence, such as
bullying, harassment and exclusion based on gender;
(d)
Raise public awareness through education programmes that provide
comprehensive, accurate information regarding sexuality and diverse gender identities and
the right to privacy and implement safety and support measures;
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