A/HRC/29/23
C.
Positive developments since 2011
71.
Three States (Mozambique, Palau and Sao Tome and Principe) have decriminalized
consensual same-sex conduct, and several others have accepted recommendations to do so.
The United Kingdom and several states in Australia have adopted measures to expunge the
criminal records of individuals convicted of consensual homosexuality-related offences.
72.
Fiji has added an anti-discrimination clause in its Constitution prohibiting
discrimination based on sexual orientation, gender identity and gender expression, and
Malta has added gender identity to the list of prohibited grounds of discrimination included
in its Constitution. Anti-discrimination laws have also been strengthened in several States,
including Chile, Cuba, Georgia, the Republic of Moldova, Montenegro, as well as in
Australia and Malta, which became the first countries to expressly prohibit discrimination
against intersex persons.
73.
Legal recognition of same-sex relationships was introduced in at least 12 additional
States, either in the form of civil marriage (Brazil, Denmark, France, Luxembourg, New
Zealand, United Kingdom, Uruguay) or civil unions (Chile, Croatia, Ireland, Liechtenstein,
Malta). Argentina, Denmark and Malta established new laws that allow transgender persons
to obtain legal recognition of their gender identity on the basis of self-determination, while
Australia (Australian Capital Territory), the Netherlands and Sweden removed abusive
sterilization, forced treatment and divorce requirements. Argentina furthermore established
access to free gender-affirming treatment for those who wish to receive such treatment.
Nepal and Bangladesh created a legal “third gender” category, and new passport policies in
Australia and New Zealand allow individuals to choose male, female or indeterminate
gender markers. The Supreme Court of India affirmed the right of transgender persons to
determine their own gender, and called upon the Government to ensure equal rights for
transgender persons, including in access to health care, employment and education. Malta
became the first State to prohibit sex-assignment surgery or treatment on intersex minors
without their informed consent.
74.
Other initiatives include the development of a new judicial protocol to guide
adjudication of cases involving human rights violations on grounds of sexual orientation
and gender identity (Mexico); implementation of employment-related anti-discrimination
protections (Bolivia (Plurinational State of), Botswana); new guidance materials and
training for police, teachers and/or other officials (Canada, Colombia, Croatia, Denmark,
Montenegro, Norway, Mexico, Serbia, Spain); expansion of anti-bullying programmes and
other anti-discrimination measures in schools (Albania, Australia, Brazil, Canada, Taiwan
province of China, Ireland, Portugal, Sweden, United Kingdom), and annual reporting on
discrimination and violence in schools (Brazil); LGBT suicide prevention programmes
(Belgium, Japan, United Kingdom); a human rights-based comprehensive sexuality
education curriculum for schools (South Africa); scholarships for transgender persons who
enrol in vocational training (Brazil); construction of homeless shelters for LGBT youth
(Albania, United States); and no longer requiring external corroboration of sexual
orientation or gender identity for LGBT asylum-seekers (Italy, Portugal).
75.
National plans of action were developed to tackle discrimination against LGBT
persons in Brazil, Canada (Quebec), France, Norway, South Africa and the United
Kingdom, and, in Uruguay, a plan to combat the social exclusion of transgender persons.
Several States also launched national public education campaigns to counter homophobia
and transphobia (Argentina, Australia, Belgium (Flanders), Brazil, Colombia, Cuba,
Montenegro, Serbia, South Africa, United Kingdom, Uruguay). Mexico has officially
designated 17 May as the National Day against Homophobia.
19
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