A/HRC/29/23
otherwise involuntary sterilization and medically unnecessary surgery and treatment
performed on intersex children.11
C.
To decriminalize homosexuality and to repeal other laws used to punish
individuals on the basis of sexual orientation and gender identity
15.
States have an obligation to protect the rights to privacy, liberty and security of the
person, including the right not to be subjected to arbitrary arrest and detention. United
Nations mechanisms have called upon States to fulfil these obligations by repealing laws
used to punish individuals based on their sexual orientation and gender identity, including
laws criminalizing homosexuality and cross-dressing, and have rejected attempts to justify
such laws on grounds of the protection of public health or morals. 12 States must refrain
from arresting or detaining persons on discriminatory grounds, including sexual orientation
and gender identity.13
D.
To protect individuals from discrimination on grounds of sexual
orientation and gender identity
16.
The protection of rights to equality before the law, equal protection of the law and
freedom from discrimination is a fundamental obligation of States under international law,
and requires States to prohibit and prevent discrimination in private and public spheres, and
to diminish conditions and attitudes that cause or perpetuate such discrimination. 14 To this
end, States should enact comprehensive anti-discrimination legislation that includes sexual
orientation and gender identity among protected grounds. 15 States should review and repeal
discriminatory laws and address discrimination against LGBT and intersex persons,
including in the enjoyment of the rights to health, education, work, water, adequate housing
and social security.16
17.
States also have obligations to address discrimination against children and young
persons who identify or are perceived as LGBT or intersex. This includes harassment,
bullying in schools, lack of access to health information and services, and coercive medical
treatment.17 United Nations mechanisms have called upon States to legally recognize
transgender persons’ preferred gender, without abusive requirements, including
sterilization, forced medical treatment or divorce.18 They have called upon States to develop
education campaigns and train public officials to combat stigma and discriminatory
attitudes, to provide victims of discrimination with effective and appropriate remedies, and
11
12
13
14
15
16
17
18
6
See A/HRC/22/53, paras. 76-79, 88, CRC/C/CHE/CO/2-4, paras. 42-43, CAT/C/DEU/CO/5, para. 20.
See CCPR/C/50/D/488/1992, paras. 8.3-10, E/C.12/IRN/CO/2, para. 7, CEDAW/C/UGA/CO/7,
paras. 43-44, CRC/C/GAM/CO/2-3, paras. 29-30, A/HRC/14/20 paras. 17-26, CCPR/C/KWT/CO/2,
para. 30.
See CCPR/C/GC/35, paras. 3, 17, A/HRC/4/40/Add.1, opinion 22/2006, para. 19; A/HRC/22/44,
para. 38.
See CCPR/C/PER/CO/5, para. 8, E/C.12/GC/20, paras. 7-11, CEDAW/C/GC/28, para. 18.
See E/C.12/GC/20, para. 32 and, 39, CEDAW/C/CRI/CO/5-6, para. 40, CRC/C/AUS/CO/4, paras.
29-30, CRC/C/CHE/CO/2-4, para. 25.
See E/C.12/GC/20, para. 11, 27 and 32, E/C.12/IDN/CO/1, para. 6, CRC/C/IRQ/CO/2-4, paras. 1920.
See CRC/C/RUS/CO/4-5, paras. 24-25, 55-56, 59-60, CRC/C/GC/15, paras. 8, 31, 60.
See CCPR/C/IRL/CO/3, para. 8, CCPR/C/IRL/CO/4, para. 7, CCPR/C/UKR/CO/7, para. 10,
CEDAW/C/NLD/CO/5, paras. 46-47.
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