A/HRC/44/53/Add.1
organizing public events aimed at raising awareness about sexual orientation and gender
identity.
60.
Trans persons living in non-government-controlled areas are at constant risk of
arbitrary arrest, detention and connected abuses due to regular identity checks in the
territories and when crossing the line of demarcation. The lack of identity documents
matching their gender identity affects the ability of trans persons to leave the conflict zones
or heightens the risk of abuse, given that identity documents are systematically checked
when crossing the demarcation line. The discrepancy between the legal name and the
appearance of some trans persons has also led to difficulties accessing humanitarian aid.
Due to the lack of medicines, including for gender-affirming treatment, trans persons who
started to gender transition before the conflict either had to discontinue the process or
obtain hormones from the black market.
61.
Lesbian, gay, bisexual, trans and gender diverse persons who fled the conflict zone
are often victims of double discrimination – on the basis of their status as internally
displaced person and owing to their sexual orientation and gender identity. As a result, it
has been particularly difficult for them to access work and housing, and they face acute
social isolation and compounded discrimination when accessing social or health services.
Again, internally displaced transgender persons have been the most vulnerable in this
context. The Independent Expert visited a non-governmental organization-run shelter for
lesbian, gay, bisexual, trans and gender diverse persons in Kyiv, which has since started
welcoming the most marginalized and excluded members of the community. He was able to
witness how crucial and necessary such initiatives are for lesbian, gay, bisexual, trans and
gender diverse persons who have lost everything and have to start a new life in a generally
unfriendly environment.
VI. Discrimination
62.
The Independent Expert was informed that discrimination against lesbian, gay,
bisexual, trans and gender diverse persons takes place in almost every area of life, and in
particular in the areas of employment, education, health care and access to justice.
However, complaints are rarely lodged with State authorities and victims seldom resort to
legal proceedings.
A.
Health
63.
The Independent Expert is greatly concerned at the lack of data and information
about the health situation of lesbian and bisexual women in Ukraine. He also notes that,
besides HIV-related studies, very little is known about the health of gay men. As a result,
the health needs of lesbian and bisexual women, and to a certain extent those of gay men,
are not considered at all in the health strategy of the country, in which these population
groups are completely invisible.
64.
The Independent Expert nonetheless welcomes a number of legislative reforms that
have positively impacted on the provision of treatment and access to health-care services by
trans persons and on access to stigma-free health services for lesbian, gay, bisexual, trans
and gender diverse persons, in particular:
(a)
The Concept of Public Health System Development of 2016, stipulating that
the right to health and health care is a basic human right regardless of sexual orientation
and gender identity;
(b)
persons;
The approval in 2016 of a unified clinical protocol of medical care for trans
(c)
The adoption of HIV programmatic planning and intervention efforts tailored
towards men who have sex with men and their sexual partners;
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