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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