A/HRC/35/36
Nations programmes, underlining the plight of persons, now employ the denomination
“LGBT”, and add an “I” when referring to intersex persons (thus “LGBTI”).6
8.
Thirdly, the preamble to Human Rights Council resolution 32/2, which established
the mandate of the Independent Expert, is a key reminder that there are historical, cultural,
socioeconomic, political and religious sensitivities, and that there is a need to respond to
them in a measured and judicious way, bearing in mind their connectivity with international
human rights standards. The preamble reaffirms the Universal Declaration of Human
Rights. The relationship between international human rights law — particularly its
universality and indivisibility — and national and regional particularities is then evoked in
a famous passage from the Vienna Declaration and Programme of Action, adopted at the
World Conference on Human Rights held in Vienna in1993, which is cited in Council
resolution 32/2 as follows:
Recalling that the Vienna Declaration and Programme of Action affirms that all
human rights are universal, indivisible and interdependent and interrelated, that the
international community must treat human rights globally in a fair and equal
manner, on the same footing, and with the same emphasis, and that while the
significance of national and regional particularities and various historical, cultural
and religious backgrounds must be borne in mind, it is the duty of States, regardless
of their political, economic and cultural systems, to promote and protect all human
rights and fundamental freedoms.
9.
Fourthly, the preamble also emphasizes the need to maintain joint ownership of the
international human rights agenda and to strengthen action against racism, racial
discrimination, xenophobia and related intolerance in all their forms — all of which may be
interrelated with violence and discrimination in regard to sexual orientation and gender
identity. 7 This introduces the intersectionality between sexual orientation and gender
identity on the one hand, and other issues, such as race and others forms of discrimination.
10.
Fifthly, the Independent Expert is requested under Council resolution 32/2, as
follows:
“
(a)
To assess the implementation of existing international human rights
instruments with regard to ways to overcome violence and discrimination against
persons on the basis of their sexual orientation or gender identity, while identifying
both best practices and gaps;
(b)
To raise awareness of violence and discrimination against persons on
the basis of their sexual orientation or gender identity, and to identify and address
the root causes of violence and discrimination;
(c)
To engage in dialogue and to consult with States and other relevant
stakeholders, including United Nations agencies, programmes and funds, regional
human rights mechanisms, national human rights institutions, regional mechanisms,
civil society organizations and academic institutions;
(d)
To work in cooperation with States in order to foster the
implementation of measures that contribute to the protection of all persons against
violence and discrimination based on sexual orientation and gender identity;
(e)
To address the multiple, intersecting and aggravated forms of violence
and discrimination faced by persons on the basis of their sexual orientation and
gender identity;
(f)
To conduct, facilitate and support the provision of advisory services,
technical assistance, capacity-building and international cooperation in support of
6
7
See, for example, the Office of the United Nations High Commissioner for Human Rights (OHCHR)
paper issued on 25 November 2015 entitled “The role of the United Nations in combating
discrimination and violence against individuals based on sexual orientation and gender identity”.
See Human Rights Council resolution 32/2.
5
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