A/HRC/41/45 issues that affect them, is explicitly recognized in human rights treaties. 124 Ensuring participation is good practice, in particular with regard to maximizing the impact of data collected; communities are more likely to identify the best indicators for assessing their quality of life,125 as they speak from the perspective of lived experiences. 126 59. When designing relevant measures, it is important that the communities concerned are represented in their full diversity, including with respect to age, race, religion, ethnicity, migration status, education level and all other intersecting identities. 127 Meaningful participation is defined as the ability to participate on equal terms with others, including in all stages of data-collection activity, such as the design of the research methodology, the collection and analysis of the data, the compilation of the research report, the dissemination of the results and the implementation of the recommendations; 128 at the same time, the confidentiality of data and privacy of the research participants must be preserved. 129 In phobic environments, meaningful participation requires additional monitoring. 130 60. During the consultation process, the mandate holder received consistent information to the effect that the involvement of lesbian, gay, bisexual, trans and gender-diverse persons in activities related to collecting data in their communities would help in weighing the risks when considering whether to collect data or not. The involvement of civil society in the design and the process of data collection was highlighted as a positive approach in various submissions received by the Independent Expert. 131 For example, a youth advisory group was established to provide support in developing the LGBTI+ National Youth Strategy 2018–2020 of Ireland and in designing the consultation process.132 61. In some States, the obligation to consult has even been prescribed by law. For instance, in Mexico the National Institute of Statistics and Geography is obliged by law to carry out consultations regarding statistical and geographic activities.133 The Constitution of Kenya, 2010 requires all government agencies to facilitate public participation in policymaking and policy implementation, and the Government is in the process of developing a national public participation policy. 134 The Federal Anti-Discrimination Agency in Germany recommends that, in addition to providing legal data protection, the Government should also follow guidelines from civil society, which go beyond legal requirements.135 62. Historically, the development of scientific knowledge about violence and discrimination based on sexual orientation and gender identity has been heavily influenced by homophobic and transphobic assumptions. These assumptions have played a significant role in perpetuating such violence and discrimination. The growth in the number of scientists, researchers and other professionals with diverse sexual orientations or gender identities has helped bring biased assumptions to light, encouraged unbiased research and supported the capacity of communities to participate in public policy discussions. 124 125 126 127 128 129 130 131 132 133 134 135 18 International Covenant on Civil and Political Rights, art. 25; International Covenant on Economic, Social and Cultural Rights, arts. 13 (1) and 15 (1); Convention on the Elimination of All Forms of Discrimination against Women, art. 7; Convention on the Rights of the Child, art. 12; Convention on the Rights of Persons with Disabilities, art. 29. Submissions from Syndicat du travail sexuel (France); UNDP. Submissions from Belgium; government of Flanders; American Psychological Association; Youth Voices Count (Asia-Pacific regional network); Humraz Male Health Society; COC Netherlands. Joint submission by youth organizations. Ibid. Submission from Subversive Front (North Macedonia). Submission from Women’s Initiatives Supporting Group (Georgia). Submissions from Canada; Costa Rica; Ireland; Norway; Uruguay. Submission from Ireland. Submission from Mexico. Submission from the Kenya National Commission on Human Rights. Submission from Germany.

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