A/HRC/19/41 Other cases have been documented by the Special Representative of the Secretary-General on human rights defenders.63 37. One issue highlighted by United Nations experts is the “medically worthless” practice of subjecting men suspected of homosexual conduct to non-consensual anal examinations to “prove” their homosexuality. 64 Such examinations have been condemned by the Committee against Torture, the Special Rapporteur on torture and the Working Group on Arbitrary Detention, which has held that the practice contravenes the prohibition of torture and ill-treatment.65 C. Right of asylum for those persecuted because of sexual orientation or gender identity 38. UNHCR estimates that at least 42 States have granted asylum to individuals with a well-founded fear of persecution owing to sexual orientation or gender identity, although the precise figure is unclear. Some States grant asylum even without a clear policy in this regard, while others do not track reasons for granting refugee status or asylum. 39. Even in countries that recognize these grounds for asylum, practices and procedures often fall short of international standards. Review of applications is sometimes arbitrary and inconsistent. Officials may have little knowledge about or sensitivity towards conditions facing LGBT people.66 Refugees are sometimes subjected to violence and discrimination while in detention facilities and, when resettled, may be housed within communities where they experience additional sexuality and gender-related risks. Refoulement of asylumseekers fleeing such persecution places them at risk of violence, discrimination and criminalization. In some cases, they are returned with instructions to “be discreet”, an approach criticized by UNHCR.67 IV. Discriminatory laws A. Laws criminalizing same-sex sexual relations between consenting adults and other laws used to penalize individuals because of sexual orientation or gender identity 40. Seventy-six countries retain laws that are used to criminalize people on the basis of sexual orientation or gender identity.68 Such laws, including so-called “sodomy laws”, are often relics of colonial-era legislation. They typically prohibit either certain types of sexual activity or any intimacy or sexual activity between persons of the same sex. In some cases, 63 64 65 66 67 68 A/HRC/7/28/Add.2, paras. 59-60. See A/HRC/16/47/Add.1, opinion No. 25/2009 (Egypt), para. 29. See the concluding observations of the Committee against Torture on Egypt (CAT/C/CR/29/4), paras. 5 (e) and 6 (k). See also A/56/156, para. 24; A/HRC/4/33/Add.1, para. 317; A/HRC/10/44/Add.4, para. 61; A/HRC/16/52/Add.1, para. 131; and A/HRC/16/47/Add.1, opinion no. 25/2009 (Egypt), paras. 24, 28-29. UNHCR, Guidance Note on Refugee Claims Relating to Sexual Orientation or Gender Identity, paras. 37 and 41. Ibid., paras. 25, 26 and 41. See also the decision of the Supreme Court of the United Kingdom, HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31. “State-sponsored homophobia: a world survey of laws criminalising same-sex sexual acts between consenting adults”, International Lesbian, Gay, Bisexual, Transgender and Intersex Association (ILGA), Brussels, May 2011, p. 9. 13