A/HRC/26/29 Special Rapporteur will present patterns of violations and abuses with a view to articulating standards that guide practice while providing a few illustrative examples. 15. In general, restrictions on and exclusions from the exercise of the rights to freedom of peaceful assembly and of association have the consequence of reinforcing marginalization. The inverse is also true and more compelling: marginalization often means that individuals and groups are unable to effectively exercise their rights to freedom of peaceful assembly and of association. That interrelation is evident in the illustrative examples discussed in the following sections. The ability to exercise the rights to freedom of peaceful assembly and of association constitutes a key component in the empowerment of marginalized communities and individuals. B. International human rights law 16. The rights to freedom of peaceful assembly and of association are guaranteed to everyone without distinction. Article 26 of the International Covenant on Civil and Political Rights guarantees to all individuals equal and effective protection against discrimination on the grounds identified in article 2. Numerous international and regional human rights instruments contain prohibitions of discrimination both generally and in relation to specific groups. 17. The Human Rights Committee understands “discrimination” to imply “any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms”.3 The Committee has established that sexual orientation and gender identity also constitute prohibited grounds for discrimination under article 2 of the Covenant.4 Discrimination results from legislation and practices that explicitly exclude or target groups or individuals in those groups. 18. Various international law instruments point to particular principles and measures that States should adopt in order to achieve non-discrimination and equality. For example, States should: • Ensure that in all actions concerning children in all spheres, the best interests of the child are a primary consideration;5 • Eliminate gender-based violence, affirm women’s right to reproductive choice and modify social or cultural patterns so as to eliminate the idea of stereotyped roles for men and women;6 • Protect people from homophobic and transphobic violence, prevent torture and cruel, inhuman and degrading treatment on the grounds of sexual orientation and gender identity and also prohibit discrimination on those grounds, repeal laws criminalizing homosexuality, safeguard the freedoms of expression, association and peaceful assembly for LGBTI people and recognize the rights of LGBTI people to 3 4 5 6 6 General comment No. 18 (1989), para. 7. See, inter alia, communication No. 488/1992, Toonen v. Australia, Views adopted on 31 March 1994; concluding observations on Kuwait (CCPR/C/KWT/CO/2). Convention on the Rights of the Child, art. 3, para. 1. Convention on the Elimination of All Forms of Discrimination against Women, arts. 2 (f), 5 and 16 (e); Committee on the Elimination of Discrimination against Women, general recommendation No. 19 on violence against women, para. 24.