A/HRC/30/18 rational criteria. A number of studies demonstrate that the death penalty is frequently used in a discriminatory manner.35 1. Gender discrimination 34. At least 10 States continue to impose and carry out the death penalty in connection with actual or purported engagement in consensual sexual acts, such as adultery and sodomy. As stated by the Human Rights Committee and other human rights mechanisms, laws criminalizing actual or purported engagement by adults in consensual sexual relations, including illicit sex, contravene international human rights law (see A/HRC/29/40).36 Although the language of such laws may appear not to directly discriminate against women, in practice, their application and enforcement often disproportionately affect women’s enjoyment of their rights (see A/HRC/27/23, para. 33). Studies have demonstrated that women are more likely to be sentenced to death for such crimes, owing to deeply entrenched discriminatory societal attitudes and bias against women suspected of adultery or of engaging in extramarital relationships among the judiciary and law enforcement officers.37 35. Imposition of the death penalty for offences relating to consensual adult homosexual conduct continues to be provided for in the legislation of a number of States. As a result, men, women and transgender persons have been sentenced to death. While no cases of executions for consensual same-sex conduct have been confirmed in recent years, the mere existence of such laws has an intimidating effect on all lesbian, gay, bisexual, transgender and intersex persons and, as in other places where homosexual relationships are criminalized, reinforces stigma and fuels discrimination and violence against anyone perceived to be lesbian, gay, bisexual, transgender or intersex. Several human rights treaty bodies have expressed concern at the fact that homosexuality is a crime punishable by death in some countries, and have concluded that such punishment violates the provisions of the International Covenant on Civil and Political Rights (see CCPR/C/MRT/CO/1, para. 8, and E/C.12/IRN/CO/2, para. 7). The European Union guidelines on the death penalty emphasize that the death penalty must not be applied or used in a discriminatory manner on any ground, including sex or sexual orientation. 2. Minorities and other marginalized groups 36. Persons belonging to religious and other minorities are frequently exposed to increased risks of criminalization. In some jurisdictions, criminal law specifically targets members of religious minorities or persons practising religions or beliefs that are different from the predominant religious or traditional belief of the country. Reportedly, in 13 countries around the world, people who openly espouse atheism or reject the official State religion face execution under the law. 38 Criticism of religious faith or even academic study of the origins of religions is treated as a crime in these jurisdictions. Furthermore, when manifesting their religions or beliefs, persons belonging to minorities run the risk of being accused of blasphemy, a charge which in some countries carries harsh sanctions, even the death penalty (see A/HRC/22/51, para. 53). In some States, individuals who converted from one religion to another have been arrested and sentenced to death, and national laws 35 36 37 38 See www.ohchr.org/Documents/Issues/DeathPenalty/MovingAwayDP.pdf, chap. 3. See also CCPR/C/79/Add.25, para. 8, CCPR/C/79/Add. 85, para. 8 and Human Rights Council resolutions 2007/77 and 2005/59. See http://icj.wpengine.netdna-cdn.com/wp-content/uploads/2014/04/SGreportDeathPenaltyAnalysisBrief-2014.pdf. See https://drive.google.com/file/d/0B3gXFZt5sXX1aDJLblBMbjBxd0E/view. 11