A/HRC/35/36 Consensual same-sex relationships remain a crime in 73 countries, which exposes individuals to the risk of arrest, blackmail and extortion, and feeds stigma, discrimination and violence. While five States have decriminalized homosexuality since 2011, in several other States new discriminatory law have been adopted or proposed, sanctions have been broadened and discriminatory restrictions placed on freedom of expression and association.10 16. There are many more snapshots below, on the root causes of violence and discrimination. Non-governmental and other sources provide a wealth of information and document a litany of abuses covering all parts of the globe. 11 Underlying that panorama is the multifaceted nature of the violence and discrimination, which stretches from the home to the education system to the community setting to the State level and beyond. This is a systemic phenomenon, which will be discussed further below. V. Reflections 17. The entry point for the mandate holder is action against violence and discrimination. This is based on existing international human rights law and its interrelationship with sexual orientation and gender identity; there is no advocacy of new rights for particular groups. 18. Also important is the context-specific nature of each country and situation. The situation is not necessarily the same for lesbian, gay, bisexual and transgender (and intersex) persons across the board, even though human rights are inherent to all persons without distinction: the situation is not homogeneous but heterogeneous. For instance, in one country, same-sex relationships are criminalized, with the threat of the death penalty. This is primarily targeted at homosexuals. However, in that same country, those who selfidentify as transgender are assisted and recognized by the State (to undergo reassignment surgery). The lack of awareness or understanding or knowledge, and the biases and stereotypes, vary between countries and within each country — depending on diverse factors such as geography (urban vs. rural), demography (e.g. different educational and economic levels), and cultural affinity. 19. The reflections that follow are an initial response regarding the key elements under the mandate. A. Implementation of international instruments, with identification of good practices and gaps 20. An array of international human rights instruments help to entrench calls for nonviolence and the principle of non-discrimination in international law, with due respect for sexual orientation and gender identity. The genesis of human rights protection after the Second World War was the Universal Declaration of Human Rights, of 1948. There are now nine core international human rights treaties, complemented by various protocols. 12 All of them interrelate with the issue of sexual orientation and gender identity, to a lesser or greater extent. For instance, the right to be free from discrimination is propounded in article 2 of the Universal Declaration of Human Rights and in all human rights treaties. Article 2 of the International Covenant on Civil and Political Rights stipulates: Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in 10 11 12 See Living Free and Equal, p. 11. For example, a wealth of information was shared at the world conference of the International Lesbian, Gay, Bisexual, Trans and Intersex Association, held in Bangkok from 28 November to 2 December 2016; see http://ilga.org. The Independent Expert has begun attending a number of non-governmental conferences and thanks the hosts warmly for their kind hospitality. See The Core International Human Rights Treaties (United Nations publication, Sales No.E.14.XIV.1). 7