A/HRC/35/36
• Effective anti-discrimination measures;
• Legal recognition of gender identity;
• Destigmatization linked with depathologization;
• Sociocultural inclusion.
• Promotion of education and empathy
C.
Dialogue, consultation and cooperation with States and other
stakeholders
38.
Constructive dialogue is an imperative for the mandate, and the Independent Expert
has endeavoured to initiate this from the very first days of his work. He recognizes that it is
essential to build bridges — not only to those who already have plenty of awareness,
understanding and knowledge but also to those who have less. In the quest for amicable
discourse, there is the understanding that there can be no justification for crimes, such as
killings, rapes and torture, nor for discrimination. The opportunity for dialogue,
consultation and cooperation was exemplified by the public consultation held in Geneva in
January 2017. The consultation was open to States, United Nations agencies and other
interested stakeholders. This consultation was planned to help the Independent Expert to
identify priority work areas in carrying out his mandate and to develop effective strategies
to accomplish them. Major issues discussed included the situation of violence and
discrimination based on sexual orientation and gender identity and the various
underpinnings referred to above and below. At the end of the consultation, the Independent
Expert summarized key inputs from the various participants who advised him on his role
and work in fulfilling the mandate as follows:
• Analytical: The work of the mandate holder is based on independent and objective
analysis of the situation drawn from a variety of information sources.
• Pedagogical: The work has an educational role in raising awareness among the
public and educating the public about the situation.
• Intersectoral: The work invites the Independent Expert to cross-link with a variety of
actors and stakeholders — governmental, non-governmental and intergovernmental.
• Focal/vocal: The work is a focal point for those affected by transgressions, and it
also helps them to vocalize their concerns, not simply as victims but also as
survivors and experts on the subject.
• Empirical: The work is an opportunity for encouraging and generating information
and data, possibly disaggregated, to support a balanced evidence-based approach to
address the issue.
D.
Identifying multiple, intersecting and aggravated forms of violence and
discrimination
39.
Violence and discrimination often appear not as singular events but as part of a
prolonged vicious circle. They are multiple and multiplied — inextricably linked
emotionally, psychologically, physically and structurally. They intersect in a variety of
ways, and most clearly where the victim is not only attacked or discriminated against for
having a different sexual orientation and gender identity but also on grounds of race, ethnic
origin, age, gender, or membership of a minority or indigenous community. The person
might also be a child, a young girl, an intersex person, a refugee, an internally displaced
person, a migrant worker, a person with a disability, and more. This intersectionality
involves a conglomeration of incidents, actors, perpetrators, and victims — the latter being
revictimized an infinite number of times, possibly in different phases of life. The situation
becomes aggravated precisely because of the convoluted nature of the phenomenon, where
crimes are replicated against the same victims and where impunity prevails subsequently,
from the home to the school, to the community, to the nation State and to the international
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