A/HRC/41/45
78.
The Independent Expert recommends that States design and implement
comprehensive data collection procedures in order to be able to uniformly and
accurately assess the type, prevalence, trends and patterns of violence and
discrimination against lesbian, gay, bisexual, trans and gender-diverse persons. Data
should be disaggregated by community, but also by other factors, such as race,
ethnicity, religion or belief, health status, age, class, caste and migration or economic
status.
79.
Data should inform the policies and legislative actions of States with a view not
only to prevent further acts of violence and discrimination but also to address gaps in
investigation, prosecution, remedies provided and sociocultural and economic
inclusion.
80.
In order to prevent the misuse of collected data, States should follow a human
rights-based approach. The overriding human rights principle of “do no harm”
should always be respected; all activities must take into consideration the principles of
self-determination, privacy and confidentiality, lawful use, participation, right to
information, transparency, accountability and impartiality in the terms expressed in
the present report and other relevant human rights sources.
81.
In order to combat and address the structural causes of underreporting and
underrepresentation in data, the Independent Expert recommends that States create
effective systems for recording and reporting hate crimes based on sexual orientation
and gender identity. In addition, States should adopt anti-discrimination legislation
that includes sexual orientation and gender identity among the prohibited grounds of
discrimination, and develop specific programmes and policies to end the spiral of
discrimination, marginalization and exclusion, which have a negative impact on the
rights of lesbian, gay, bisexual, trans and gender-diverse persons, including their
rights to health, education, work and an adequate standard of living, and on their
access to justice.
82.
In recognition of the crucial role played by civil society and human rights
defenders in the provision of an evidence base for public policy, and in the creation of
capacity and legitimacy to collect and manage data, States must nurture safe spaces
within which civil society organizations can carry out their work, and must support
the work of civil society and human rights defenders in the collection and use of data.
Within this context, the Independent Expert urges States to take measures to protect
defenders and supporters of the rights of lesbian, gay, bisexual, trans and genderdiverse persons from attacks, intimidation and other abuse. National human rights
institutions can play a key role in facilitating safe spaces.
83.
The Independent Expert further recommends that States ensure the immediate
removal of any legal obstacles to the functioning of organizations working towards the
protection and promotion of the rights of persons of diverse sexual orientations and
gender identities, including provisions aimed at, used for or designed with the
intention of criminalizing their work.
21
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