A/HRC/35/36
spectrum. In today’s cyber world and social media, incitement to hatred and violence driven
by hate speech relating to sexual orientation and gender identity has an exponential reach,
spinning the web of violations in real time and into the future.
40.
As an example, the multiple, intersecting and aggravated forms of violence and
discrimination based on sexual orientation and gender identity are clearly visible in the
refugee and migration context, especially where a person has to flee dangers or persecution.
As the Office of the United Nations High Commissioner for Refugees (UNHCR) observes:
Lesbian, gay, bisexual, transgender and intersex (LGBTI) persons of concern can
suffer a wide range of discrimination and violence because of their sexual
orientation or gender identity. Displaced LGBTI persons may face continued or
additional discrimination in the country in which they seek asylum or as internally
displaced within their country of origin. Persecution may be legally condoned (some
countries continue to criminalize same-sex relationships) and in many cases LGBTI
persons are ostracized by communities and rejected by their families.26
E.
Support for international cooperation and related services to assist
national efforts
41.
This is a key area, where the work of the Independent Expert can help to support
cooperation to prevent and overcome violence and discrimination on the basis of sexual
orientation and gender identity. Important work is already being done to counter such
violence and discrimination and it can be further strengthened. The joint statement from 12
United Nations entities (see para. 14 above) was a major intersectional and intersectoral
breakthrough in terms of inter-agency cooperation, between the Office of the United
Nations High Commissioner for Human Rights (OHCHR), the United Nations
Development Programme (UNDP), the United Nations Population Fund (UNFPA),
UNHCR, the United Nations Children’s Fund (UNICEF), the United Nations Office on
Drugs and Crime, the World Food Programme, the United Nations Entity for Gender
Equality and the Empowerment of Women (UN-Women), the International Labour
Organization, the United Nations Educational, Scientific and Cultural Organization
(UNESCO), WHO, the World Bank and the Joint United Nations Programme on
HIV/AIDS (UNAIDS). At the public consultation held by the Independent Expert in
January 2017, there was similar advocacy from the United Nations Human Settlements
Programme (UN-Habitat), and the list of cooperating organizations can be expanded.
42.
The Independent Expert looks forward to interlinking more closely with United
Nations agencies and other actors to support activities, while commending the programmes
already undertaken. For instance, UNESCO is involved in addressing the issue of bullying
in the educational setting; this is visible through its Teaching Respect for All initiative. It
has helped to create lesson plans for teachers to discuss homophobia and transphobia in
primary and secondary schools.
43.
The UNESCO report entitled “Out in the open: education sector responses to
violence based on sexual orientation and gender identity/expression”, published in 2016,
provides a wealth of information in this regard. UNESCO has also been working to
promote understanding of lesbian, gay, bisexual, transgender and intersex issues in China,
with a series of initiatives that includes training of trainers on education on lesbian, gay,
bisexual, transgender issues, and with non-governmental help, research for textbooks
covering sexual orientation and gender identity has been carried out.
44.
The work of UNICEF is guided particularly by the Convention on the Rights of the
Child and the Convention on the Elimination of All Forms of Discrimination against
Women. Its programming on lesbian, gay, bisexual, transgender and intersex issues, and its
link with children and youth, is part of its equity strategy to enable all children to develop
and realize their potential without discrimination. UNICEF is increasingly looking at child
protection through the lens of action against violence and discrimination, inspired by the
26
UNHCR, “Action against sexual and gender-based violence: an updated strategy”, p. 18.
13
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