A/HRC/38/43 are millions every year. At the root of these acts lies the intent to punish victims on the basis of preconceived notions of what should be their sexual orientation or gender identity. 88. There is a plethora of actions that States can adopt to initiate the task of eradicating violence and discrimination on the basis of sexual orientation and gender identity. They include law reform, access to justice, public policy and administrative actions. Moreover, good practices exist in all corners of the world. IX. Recommendations 89. To address violence and discrimination based on sexual orientation and gender identity, States must adopt a combination of laws, policies and other measures tailored to the specific context, taking into consideration how each community is distinctly affected and how other factors may have a negative impact on the vulnerability of the persons concerned. The Independent Expert recommends that these measures be evidence-based, and that the relevant communities, people and populations, and civil society organizations, effectively participate in their design and implementation. 90. The Independent Expert recommends that States repeal laws that criminalize consensual same-sex relations, gender identity or expression, and statements or publications or actions that discuss or refer to the identity or expression of lesbian, gay, bisexual, trans and gender non-conforming persons (so-called “anti-propaganda” laws). States should moreover review other laws and policies that exacerbate police abuse and harassment, extortion and acts of violence against people based on their actual or perceived sexual orientation or gender identity, in particular, laws based on public decency, morals, health and security, including beggary and loitering laws; and laws criminalizing conduct seen as “indecent” or “provocative”, including laws criminalizing sex work. 91. In addition, States should ensure that the death penalty is not imposed as a sanction for consensual same-sex relations. 92. The Independent Expert recommends that States take all measures necessary to prevent, investigate and punish acts of violence and discrimination based on sexual orientation or gender identity perpetrated by the State and non-State actors, regardless of whether the violence was committed in the public or the private sphere, and provide reparations to victims of the said violence and discrimination. 93. In addition, States should enact legislation on hate crimes that defines homophobia, misogyny, biphobia and transphobia as aggravating factors for the purposes of sentencing. The Independent Expert also encourages States to adopt legislation in relation to hate speech on the grounds of sexual orientation or gender identity, and to hold to account those responsible, including political or religious leaders. 94. The Independent Expert calls upon States to develop comprehensive datacollection procedures in order to be able to assess uniformly and accurately the type, prevalence, trends and patterns of violence and discrimination against lesbian, gay, bisexual, trans and gender non-conforming persons. Data should be disaggregated by communities, but also by other factors such as race, ethnicity, religion or belief, health, status, age, class, and caste, or migration or economic status. The data should then inform the policies and legislative actions of States with a view not only to prevent further acts of violence and discrimination but also to address gaps in investigations, prosecution and the remedies provided. In order to prevent the misuse of collected data, States should follow a human rights-based approach to data, taking into consideration the principles of participation, self-identification, privacy, transparency and accountability. The overriding human rights principle of “do no harm” should always be respected.81 95. 81 The Independent Expert also recommends that States: OHCHR, A Human Rights-Based Approach to Data: Leaving No One Behind in the 2030 Agenda for Sustainable Development, 2015. 19