A/HRC/41/45
from indirect or direct external influence, must have the necessary resources and staff with
the appropriate skills, and must operate in a manner that is free from conflicts of interest
and consistent with their functions and duties.
69.
The impartiality of statistical agencies is maintained, in part, by precisely defining
how they can use data. As established in the Fundamental Principles of Official Statistics
(principle 6), individual data collected by statistical agencies for statistical compilation are
to be strictly confidential and used exclusively for statistical purposes.
V. Conclusions and recommendations
70.
In accordance with considerations of due diligence, and given that persons with
diverse sexual orientations and gender identities live all across the globe, the duty to
understand the manner in which these traits in a person’s identity have an impact on
their exposure or vulnerability to violence and discrimination is a key element in the
obligation of States to prevent, prosecute and punish violations of human rights.
71.
However, information about the lived realities of lesbian, gay, bisexual, trans
and gender-diverse persons around the world is, at best, incomplete and fragmented;
in some areas it is non-existent. The mandate holder stresses the seriousness of this
finding: it means that in most contexts policymakers are taking decisions in the dark,
left only with personal preconceptions and prejudices or the prejudices of the people
around them.
72.
The disaggregation of data to allow comparison of population groups therefore
forms part of a State’s human rights obligations. Data on demographic, economic,
social and cultural characteristics, literacy rates, unemployment rates, voting patterns,
the number of reported cases of violence and other indicators are essential to the
efforts of States to comply with their obligations and to the evaluation of progress
towards major development objectives, such as the Sustainable Development Goals.
73.
The Independent Expert sets out below a number of recommendations, and
invites constructive responses from States, civil society and other stakeholders.
74.
While taking measures to collect and manage data on sexual orientation and
gender identity, States must bear in mind that these are, in almost every context,
highly stigmatized characteristics that trigger multiple forms of violence and
discrimination. In particular, States are called to bear in mind the international
human rights framework in contexts in which it is currently, or has been historically,
the policy of the State to deny the existence of lesbian, gay, bisexual and trans or other
gender-diverse persons.
75.
Similarly, when designing and adopting methodologies for data collection and
management, fundamental consideration must be given to the manner in which
communities, populations and groups identify themselves, including their
identification or not under acronyms such as LGBT.
76.
States that criminalize sexual orientation and/or gender identity are called
upon to take into account, as part of a foundation of compliance with the international
human rights law framework, that said forms of criminalization are per se contrary to
international human rights law and that, therefore, measures conducive to their
implementation – such as data collection carried out with the purpose of prosecuting
persons on the basis of their sexual orientation – are, by definition, also violations. The
Independent Expert recommends that States repeal such laws, including laws that
criminalize consensual same-sex relations, or gender identity or expression.
77.
The Independent Expert wishes to acknowledge and applaud the role of civil
society in the collection and management of data concerning violence and
discrimination based on sexual orientation and gender identity. He is convinced that
in certain contexts, this work is what has protected persons from violence and
discrimination. States must acknowledge that work, recognize the expertise residing
within civil society, and support and protect the sustainability of those efforts.
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