A/HRC/35/36
63.
The present report endeavours to set the scene for more monitoring and
advocacy to protect people from violence and discrimination on the basis of sexual
orientation and gender identity. It is also important to comprehend the multi-layered
nature of the violence and discrimination — it starts at home, extends into the
educational spectrum, influences the community environment, and continues into the
State setting and beyond. It has a longitudinal trajectory, with intergenerational
implications. It is also concurrently personal/personalized, family-based, communityinfluenced and systemic, and at times is linked with institutional violence and
discrimination. To overcome these impediments, it is necessary to “start young” with
promoting mutual respect and tolerance.
64.
The report allows the approach and methodology of the Independent Expert to
be gauged. There are key reflections responding to the mandate, particularly
regarding (a) the panorama of the situation, including the implementation of
international instruments, with identification of good practices and gaps; (b)
awareness of the violence and discrimination issue, and linkage with root causes; (c)
dialogue, consultation and cooperation with States and other stakeholders; (d) the
identification of multiple, intersecting and aggravated forms of violence and
discrimination; and (e) support for international cooperation and related services to
assist national efforts.
65.
Various underpinnings are singled out for particular attention to help prevent
and overcome the negative elements of that environment and these will be dealt with
in greater detail in future reports of the Independent Expert.
VIII. Recommendations
66.
The following initial recommendations invite constructive responses from a
variety of actors, particularly States, in cooperation with other stakeholders:
(a)
The Independent Expert will follow progressively a workplan to map the
linkage between protection against violence and discrimination based on sexual
orientation and gender identity and the following key underpinnings:
decriminalization of consensual same-sex relations; effective anti-discrimination
measures; legal recognition of gender identity; destigmatization linked with
depathologization; sociocultural inclusion; and promotion of education and empathy.
He welcomes cooperation and information on these issues.
(b)
For the second report, due later in 2017 for the General Assembly, the
Independent Expert aims to address the key underpinnings outlined above in further
detail. In this regard, Governments and other entities concerned are invited to send
the Independent Expert relevant information by the beginning of July 2017 so as to
enable him to prepare the next report on the basis of information from a range of
sources.
(c)
States are encouraged to ratify the core international human rights
treaties (if they have not yet done so) and to implement them fully, including in regard
to respect for sexual orientation and gender identity, in cooperation with partners.
This requires a range of human rights-sensitive measures, such as laws, policies,
programmes, practices, case enforcement, mechanisms and personnel, resources
(material and non-material), information and monitoring, education and capacitybuilding, accountability and remedies, and a participatory process and broad
mobilization and networking open to civil society, with space for dialogue and
reforms.
(d)
States are urged to follow up effectively on the various recommendations
from the human rights treaty bodies, the universal periodic review and the special
procedures in order to ensure improved protection from violence and discrimination
on the basis of sexual orientation and gender identity. Linkage with and support for
OHCHR is also important in this regard.
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