A/HRC/43/52
(e)
Promotion, design and enforcement of the right to privacy to address structural
inequities in order to significantly increase enjoyment of the right to privacy by those furthest
behind;
(f)
Assistance for State and non-State actors and individuals to implement their
responsibilities with regard to the right to privacy, education on gender issues and support
for civil society organizations;
(g)
Redress for victims of infringements of privacy based on gender.
21.
There is great need for international leadership on gender equality and privacy rights.
Establishing clear international directives on how to protect against gender-based
infringements of privacy will help to prevent the harms that many individuals and
communities continue to face.
22.
The above findings, along with those of treaty bodies and human rights experts, have
shaped the following recommendations aimed at addressing the gap.
IV. Recommendations for protecting against gender-based
infringements of privacy
23.
The recommendations below build upon the findings contained in the preliminary
findings on privacy and gender (see A/HRC/40/63), presented in March 2019, and subsequent
consultations. The recommendations are aimed at ensuring the right of every person,
regardless of gender, to fully enjoy the right to privacy and to participate in public and private
spheres, intimate decisions and human relations without arbitrary interference, as set out in
the Universal Declaration of Human Rights (art. 12), the International Covenant on Civil and
Political Rights (art. 17) and the findings of treaty bodies.
24.
The recommendations are intended to cover both State and non-State actors and are
relevant to the privacy of all individuals, inclusive of binary female and male individuals and
those of diverse sexual orientation, gender identity, gender expression and sex characteristics.
25.
Their implementation should be informed by the consideration of other internationally
recognized instruments, such as the Convention on the Elimination of All Forms of
Discrimination against Women, the Convention on the Rights of the Child, the updated
Yogyakarta Principles on the Application of International Human Rights Law in relation to
Sexual Orientation and Gender Identity and the United Nations Declaration on the Rights of
Indigenous Peoples.
26.
Nothing in the recommendations should be interpreted as restricting or limiting the
rights and freedoms of individuals as recognized in international, regional or national laws
or standards. Nor are the provisions designed to restrict the collection of sex and gender
information where such data are necessary for the performance of lawful responsibilities.
A.
Development of personality and the person
27.
States and non-State actors should:
(a)
Recognize that:
(i)
The right to privacy includes gender identity and the freedom of individuals to
make autonomous decisions about their bodies;
(ii)
The privacy needs and aspirations of people and populations of cisnormativity
and diverse sexual orientations, gender identities, gender expressions and sex
characteristics, while having common ground, are distinct from one another;
(iii) Other factors, such as disability, age, indigeneity and social origins, intersect
with gender, typically to intensify experiences of privacy and gender;
(iv) An intersectional approach is necessary to address the gender aspects of
privacy;
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