A/HRC/19/41
(b)
Take measures to prevent torture and other forms of cruel, inhuman or
degrading treatment on grounds of sexual orientation and gender identity, to
investigate thoroughly all reported incidents of torture and ill-treatment, and to
prosecute and hold accountable those responsible;
(c)
Ensure that no one fleeing persecution on grounds of sexual orientation
or gender identity is returned to a territory where his or her life or freedom would be
threatened, and that asylum laws and policies recognize that persecution on account
of one’s sexual orientation or gender identity may be a valid basis for an asylum
claim;
(d)
Repeal laws used to criminalize individuals on grounds of homosexuality
for engaging in consensual same-sex sexual conduct, and harmonize the age of consent
for heterosexual and homosexual conduct; ensure that other criminal laws are not
used to harass or detain people based on their sexuality or gender identity and
expression, and abolish the death penalty for offences involving consensual sexual
relations;
(e)
Enact comprehensive anti-discrimination legislation that includes
discrimination on grounds of sexual orientation and gender identity among prohibited
grounds and recognizes intersecting forms of discrimination; ensure that combating
discrimination on grounds of sexual orientation and gender identity is included in the
mandates of national human rights institutions;
(f)
Ensure that individuals can exercise their rights to freedom of
expression, association and peaceful assembly in safety without discrimination on
grounds of sexual orientation and gender identity;
(g)
Implement appropriate sensitization and training programmes for
police, prison officers, border guards, immigration officers and other law enforcement
personnel, and support public information campaigns to counter homophobia and
transphobia among the general public and targeted anti-homophobia campaigns in
schools;
(h)
Facilitate legal recognition of the preferred gender of transgender
persons and establish arrangements to permit relevant identity documents to be
reissued reflecting preferred gender and name, without infringements of other human
rights.
85.
The High Commissioner recommends that the Human Rights Council:
(a)
Keep regularly informed and updated on incidents of violence and
discrimination linked to sexual orientation and gender identity;
(b)
Encourage existing special procedures to continue to investigate and
report on human rights violations affecting individuals on the basis of sexual
orientation or gender identity within the context of their specific mandates.
25
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