A/HRC/35/36
interlinking geographically with the furthest reaches of Asia, with much innovative
thinking.14 In parallel to this, the European Union, with its Charter of Fundamental Rights,
has strengthened measures against violence and discrimination on the basis of sexual
orientation and gender identity, including via the collection and collation of data through
the European Union Agency for Fundamental Rights to inform policymaking and action. 15
27.
The inter-American system has offered many contributions to action against
violence and discrimination. In addition to its important range of human rights-related
declarations and conventions and its regional human rights court and commission, it has
appointed a regional rapporteur specifically to cover the issue of lesbian, gay, bisexual,
transgender and intersex persons. The General Assembly of the Organization of American
States recently approved two treaties which refer to sexual orientation and gender identity
directly as grounds on which discrimination must be prohibited: namely the Inter-American
Convention Against All Forms of Discrimination and Intolerance and the Inter-American
Convention on Protecting the Human Rights of Older Persons. 16
28.
Complementing the measures outlined above, resolution 275 of the African
Commission on Human and Peoples’ Rights, on protection against violence and other
human rights violations against persons on the basis of their real or imputed sexual
orientation or gender identity, of 2014, resonates with the following message for the
African region and beyond:
Strongly urges States to end all acts of violence and abuse, whether committed by
State or non-State actors, including by enacting and effectively applying appropriate
laws prohibiting and punishing all forms of violence including those targeting
persons on the basis of their imputed or real sexual orientation or gender identities,
ensuring proper investigation and diligent prosecution of perpetrators, and
establishing judicial procedures responsive to the needs of victims. 17
29.
Interregional cooperation bore fruit when the Inter-American Commission on
Human Rights, the African Commission on Human and Peoples’ Rights and the United
Nations held a joint dialogue in 2016, calling for more mainstreaming of regional and
international norms to counter violence and discrimination, interlinking with the
opportunities offered by the Sustainable Development Goals. The joint dialogue
acknowledged positive steps from the African region, as follows:
African States are almost all characterized by great diversity in their populations,
with ethnic, religious and cultural diversity being the common denominator. In line
with article 28 of the Charter, 18 which calls on every individual “to respect and
consider his fellow beings without discrimination, and to maintain relations aimed at
promoting, safeguarding and reinforcing mutual respect and tolerance”, the
Commission may advocate for the rights of all persons, including LGBT and
intersex persons. In this respect, it can build on positive examples of State action in
Africa and elsewhere to respect diversity and protect the human rights of all persons,
irrespective of sexual orientation and gender identity. Participants noted that at least
19 African States do not criminalize consensual same-sex relations between adults in
their legal systems, that Mozambique in 2014 removed criminal sanctions for such
14
15
16
17
18
See www.coe.int/en/web/sogi;and Frédéric Edel, Case Law of the European Court of Human Rights
Relating to Discrimination on Grounds of Sexual Orientation or Gender Identity (Strasbourg, Council
of Europe, 2015).
See, for example, European Union Agency for Fundamental Rights, EU LGBT survey - European
Union lesbian, gay, bisexual and transgender survey – Main results (Vienna, 2014), at
http://fra.europa.eu/en/publication/2014/eu-lgbt-survey-european-union-lesbian-gay-bisexual-andtransgender-survey-main.
Ending Violence and Other Human Rights Violations Based on Sexual Orientation and Gender
Identity: A Joint Dialogue of the African Commission on Human and Peoples’ Rights, Inter-American
Commission on Human Rights and United Nations (Pretoria University Law Press, 2016), p. 62. See
www.ohchr.org/Documents/Issues/Discrimination/Endingviolence_ACHPR_IACHR_UN_SOGI_dial
ogue_EN.pdf.
Ibid., p. 28.
African Charter on Human and Peoples’ Rights.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents