A/HRC/35/36
Consensual same-sex relationships remain a crime in 73 countries, which exposes
individuals to the risk of arrest, blackmail and extortion, and feeds stigma,
discrimination and violence. While five States have decriminalized homosexuality
since 2011, in several other States new discriminatory law have been adopted or
proposed, sanctions have been broadened and discriminatory restrictions placed on
freedom of expression and association.10
16.
There are many more snapshots below, on the root causes of violence and
discrimination. Non-governmental and other sources provide a wealth of information and
document a litany of abuses covering all parts of the globe. 11 Underlying that panorama is
the multifaceted nature of the violence and discrimination, which stretches from the home
to the education system to the community setting to the State level and beyond. This is a
systemic phenomenon, which will be discussed further below.
V. Reflections
17.
The entry point for the mandate holder is action against violence and discrimination.
This is based on existing international human rights law and its interrelationship with
sexual orientation and gender identity; there is no advocacy of new rights for particular
groups.
18.
Also important is the context-specific nature of each country and situation. The
situation is not necessarily the same for lesbian, gay, bisexual and transgender (and
intersex) persons across the board, even though human rights are inherent to all persons
without distinction: the situation is not homogeneous but heterogeneous. For instance, in
one country, same-sex relationships are criminalized, with the threat of the death penalty.
This is primarily targeted at homosexuals. However, in that same country, those who selfidentify as transgender are assisted and recognized by the State (to undergo reassignment
surgery). The lack of awareness or understanding or knowledge, and the biases and
stereotypes, vary between countries and within each country — depending on diverse
factors such as geography (urban vs. rural), demography (e.g. different educational and
economic levels), and cultural affinity.
19.
The reflections that follow are an initial response regarding the key elements under
the mandate.
A.
Implementation of international instruments, with identification of
good practices and gaps
20.
An array of international human rights instruments help to entrench calls for nonviolence and the principle of non-discrimination in international law, with due respect for
sexual orientation and gender identity. The genesis of human rights protection after the
Second World War was the Universal Declaration of Human Rights, of 1948. There are
now nine core international human rights treaties, complemented by various protocols. 12 All
of them interrelate with the issue of sexual orientation and gender identity, to a lesser or
greater extent. For instance, the right to be free from discrimination is propounded in article
2 of the Universal Declaration of Human Rights and in all human rights treaties. Article 2
of the International Covenant on Civil and Political Rights stipulates:
Each State Party to the present Covenant undertakes to respect and to ensure to all
individuals within its territory and subject to its jurisdiction the rights recognized in
10
11
12
See Living Free and Equal, p. 11.
For example, a wealth of information was shared at the world conference of the International Lesbian,
Gay, Bisexual, Trans and Intersex Association, held in Bangkok from 28 November to 2 December
2016; see http://ilga.org. The Independent Expert has begun attending a number of non-governmental
conferences and thanks the hosts warmly for their kind hospitality.
See The Core International Human Rights Treaties (United Nations publication, Sales
No.E.14.XIV.1).
7
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