A/HRC/35/36
national efforts to combat violence and discrimination against persons on the basis
of their sexual orientation or gender identity.”8
11.
Key elements emanating from the mandate cited above can be summarized into five
main areas, as follows: (a) implementation of international instruments, with the
identification of good practices and gaps; (b) awareness of the violence and discrimination
issue, and linkage with root causes; (c) engagement, consultation and cooperation with
States and other stakeholders; (d) addressing multiple, intersecting and aggravated forms of
violence and discrimination; and (e) support for international cooperation and related
services to assist national efforts. These elements will be responded to in greater detail
below, after a brief situational analysis of violence and discrimination based on sexual
orientation and gender identity.
12.
In keeping with the role of the special procedures, the work of the Independent
Expert is related to at least four functions: (a) preparing reports on the mandate; (b)
periodically carrying out country visits to learn about local situations and sharing those
lessons with the international community; (c) receiving communications/complaints
regarding human rights violations, from victims, and acting on them through contact and
leverage with the State or entity concerned; and (d) cooperating with other actors. All these
functions are now operational. Importantly, communications are being received and acted
upon, for example in regard to threats to human rights defenders working on sexual
orientation and gender identity issues.
IV. Panorama
13.
This section provides snapshots of violence and discrimination based on sexual
orientation and gender identity, and related countermeasures, but cannot do justice to the
scale and scope of the issue worldwide. Future reports of the Independent Expert will
provide further details and updates.
14.
According to the statement from 12 United Nations entities on ending violence and
discrimination against lesbian, gay, bisexual, transgender and intersex people:
The United Nations and others have documented widespread physical and
psychological violence against LGBTI persons in all regions — including murder,
assault, kidnapping, rape, sexual violence, as well as torture and ill-treatment in
institutional and other settings. LGBTI youth and lesbian, bisexual and transgender
women are at particular risk of physical, psychological and sexual violence in family
and community settings. LGBTI persons often face violence and discrimination
when seeking refuge from persecution and in humanitarian emergencies. They may
also face abuse in medical settings, including unethical and harmful so-called
“therapies” to change sexual orientation, forced or coercive sterilization, forced
genital and anal examinations, and unnecessary surgery and treatment on intersex
children without their consent. In many countries, the response to these violations is
inadequate, they are underreported and often not properly investigated and
prosecuted, leading to widespread impunity, and lack of justice, remedies and
support for victims. Human rights defenders combating these violations are
frequently persecuted and face discriminatory restrictions on their activities.9
15.
The following gaps and challenges are outlined in Living Free and Equal:
Criminalization, discriminatory attitudes, harassment by police, stigma, ill-treatment
in detention and medical settings, lack of protective legislation, absence of
complaints mechanisms, lack of trust in law enforcement officials and of awareness
by judicial operators still result in impunity for perpetrators and make it difficult for
victims of human rights violations to access effective remedies and support.
8
9
6
Ibid., para. 3.
See www.ohchr.org/Documents/Issues/Discrimination/Joint_LGBTI_Statement_ENG.PDF.
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