A/HRC/41/45
to ensure consistency. In Colombia, the Bogotá Multipurpose Survey includes
questions regarding self-identification of sexual orientation and gender identity. 75
• Argentina noted that a gender identity category will be incorporated in the national
population, households and housing census in 2020; 76 Australia and Ireland are
considering incorporating questions on sex and gender in their 2021 national
censuses;77 the Office for National Statistics of the United Kingdom recommended
including questions on gender identity and sexual orientation in the 2021 censuses in
England and Wales; 78 and New Zealand will include questions about sexual
orientation and gender identity and a third response for the question on sex in
2023.79
4.
Assessing violence and discrimination
35.
Submissions highlight studies and surveys conducted or envisaged by State bodies
to understand attitudes towards lesbian, gay, bisexual, trans and gender-diverse persons,
their situations and the extent and forms of violence against them, for instance same-sex
partner violence.80 Additionally, the role of national human rights institutions and equality
bodies in data gathering is of evident and extraordinary value; many submissions
highlighted information on the work such bodies have carried out in the collection and
analysis of data and in reporting on complaints of violations. 81 Several stakeholders noted
that police records of hate-motivated crimes helped provide a better understanding of the
nature and extent of violence against lesbian, gay, bisexual, trans and gender-diverse
persons. 82 In the United States, for example, in 2014 hate crimes based on sexual
orientation and gender identity comprised more than one fifth of all reported hate crimes;
the Bureau of Justice Statistics reported disproportionate rates of sexual assault against gay
and bisexual men and trans women in state prisons. 83
36.
The Kenya National Commission on Human Rights reported that it had added nonbinary markers on sexual orientation and markers on sexual characteristics in its complaints
management system and complaints collection forms, and that information was recorded
upon consent from the complainant. The national human rights institution of Ghana noted
that in situations where same-sex relations or gender diversity was criminalized, the
institution could register complaints from the lesbian, gay, bisexual, trans and genderdiverse community in a confidential manner, ensuring safe storage of the information. In
such situations, receipt of complaints should be accompanied by a policy to protect privacy.
37.
One submission highlighted the first release in the United Kingdom of statistics on
asylum claims based on sexual orientation, in 2018.84 Another highlighted the lack of data
73
74
75
76
77
78
79
80
81
82
83
84
12
Submission from New Zealand.
See The Fenway Institute, Gathering Sexual Orientation Data on Statewide Behavioral Risk Factor
Surveillance Surveys. Available from https://fenwayhealth.org/documents/the-fenwayinstitute/policy-briefs/COM484_BRFSS_Brief.pdf.
Submission from Colombia.
Submissions from Argentina; Office of the Ombudsman (Argentina); commission on gender and
diversity (Argentina).
Submissions from Australia and Ireland.
Submission from the United Kingdom.
Submission from the Human Rights Commission of New Zealand.
Submissions from Belgium; Bosnia and Herzegovina; Denmark; Portugal; government of Flanders;
National Consultative Commission on Human Rights (France); Federal District Human Rights
Commission (Mexico).
Submissions from Argentina; Bosnia and Herzegovina; Norway; Serbia; Sweden; Unia (Belgium); Da
se zna! (Serbia); Right Here Right Now consortium; Human Rights Commission of New Zealand;
Ombudsman’s Office of the Bolivarian Republic of Venezuela.
Submissions from Argentina; Belgium; Germany (sexual orientation only); Ireland; Norway; Serbia;
Sweden; Ukraine; government of Flanders; Women’s Initiatives Supporting Group (Georgia); an
individual from Honduras; The Fenway Institute; Swedish Federation for Lesbian, Gay, Bisexual and
Transgender Rights (RFSL); Ombudsperson of Guatemala.
Submission from The Fenway Institute.
Submission from UNHCR.
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