A/HRC/35/36
issue strongly into its decent work programme, while the World Bank has helped to
examine the cost of homophobia as well as to generate data on lesbian, gay, bisexual and
transgender exclusion. The World Bank has now a focal point on sexual orientation and
gender identity and this provides an important opportunity to address violence and
discrimination on the basis of sexual orientation and gender identity, especially with lowincome countries. A range of other United Nations agencies and programmes, enhanced by
United Nations country teams, are progressively integrating the issue of sexual orientation
and gender identity into country programming.
49.
The role of civil society and non-governmental organizations and of concerned
communities and individuals is critical for action against violence and discrimination. Their
dedicated efforts and inputs were instrumental in helping to set up this mandate, and there
is a wealth of information emanating from their work which inspires the work of the
Independent Expert. They are part and parcel of much-needed cooperation at both the
national and international levels and act as human rights defenders in the most sensitive
situations. Assistance and protection for their work are at the heart of this mandate, which is
impelled by the quest for an all-inclusive approach that is respectful of public participation
in countering violence and discrimination on the basis of sexual orientation and gender
identity, worldwide. Indeed, this is living democracy in regard to sexual and gender
diversity.
50.
Parallel to this, the role of community leaders, including in the political, cultural and
religious fields, needs to be tapped more strongly. Also, the business sector has the
potential to integrate sexual orientation and gender identity into the workplace and in the
commercial/financial/investment/developmental field. These are also avenues for
promoting the generation of more disaggregated data, linked with various indicators, to
provide incentives for exemplary performance, consonant with human rights. On a related
front, the Sustainable Development Goals framework provides more opportunities for
various kinds of cooperation and support — particularly under Goal 17, which opens up
space for more multilateral, regional and bilateral cooperation. There is the welcome vista
of more South-South cooperation, as well as triangular cooperation — such as activities
between States, civil society and the business sector; neither should the power of various
forms of media and their reach be forgotten.
VI. Underpinnings
51.
Various elements interrelate closely with the root causes and environment behind the
violence and discrimination. On that matter, the underpinnings outlined in the following
paragraphs will be dealt with progressively by the Independent Expert as part of a workplan
and mapping exercise, in the coming years. They are discussed succinctly in the present
report, as a precursor to other more detailed reports that will follow in the future.
A.
Decriminalization of consensual same-sex relations
52.
Laws and policies that criminalize consensual same-sex relations are part of the
background environment that leads to violence and discrimination. Some 70 countries
criminalize same-sex relations, with a particular impact on men who have sex with men. 28
Some 40 countries criminalize same-sex relations in regard to women who have sex with
women.29 The death penalty awaits in some countries. There are other laws and policies of a
more indirect nature, which might also be negatively applied against certain groups and
persons in relation to sexual orientation and gender identity. They include laws based on
public decency, public health and security, at times in the guise of local criminal laws and
regulations. There are equally challenging implications from various religious laws when
applied strictly. Some countries also criminalize cross-dressing, such as where men dress
28
29
Living Free and Equal, p. 54.
Ibid.
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