A/HRC/19/41
I. Introduction
1.
In all regions, people experience violence and discrimination because of their sexual
orientation or gender identity. In many cases, even the perception of homosexuality or
transgender identity puts people at risk. Violations include – but are not limited to –
killings, rape and physical attacks, torture, arbitrary detention, the denial of rights to
assembly, expression and information, and discrimination in employment, health and
education. United Nations mechanisms, including human rights treaty bodies and the
special procedures of the Human Rights Council, have documented such violations for
close to two decades.
2.
The Secretary-General expressed his concern in a speech on Human Rights Day
2010, when he stated:
As men and women of conscience, we reject discrimination in general, and in
particular discrimination based on sexual orientation and gender identity … Where
there is a tension between cultural attitudes and universal human rights, rights must
carry the day. Together, we seek the repeal of laws that criminalize homosexuality,
that permit discrimination on the basis of sexual orientation or gender identity, that
encourage violence.
3.
United Nations entities1 have integrated issues of sexual orientation and gender
identity into their work, including the Office of the United Nations High Commissioner for
Human Rights (OHCHR), the United Nations Development Programme (UNDP), the
United Nations Children‟s Fund (UNICEF), the United Nations Educational, Scientific and
Cultural Organization (UNESCO), the Office of the United Nations High Commissioner for
Refugees (UNHCR), the International Labour Organization (ILO), the World Health
Organization (WHO), the United Nations Population Fund (UNFPA) and the Joint United
Nations Programme on HIV/AIDS (UNAIDS).
4.
While not addressing all violations perpetrated in relation to sexual orientation or
gender identity, the present report highlights critical human rights concerns that States have
an obligation to address, and highlights emerging responses. It draws on United Nations
sources, and includes data and findings from regional organizations, some national
authorities and non-governmental organizations.
1
See, for example, “The United Nations Speaks Out: Tackling Discrimination on Grounds of Sexual
Orientation and Gender Identity”, OHCHR, WHO and UNAIDS, April 2011; the statements made by
the United Nations High Commissioner for Human Rights at a side event of the fifteenth session of
the Human Rights Council, on the theme, “Ending violence and criminal sanctions based on sexual
orientation and gender identity”, 17 September 2010; remarks made at the conclusion of the
interactive dialogue with the High Commissioner at the sixteenth session of the Human Rights
Council, 3 March 2011; “Legal environments, human rights and HIV responses among men who have
sex with men and transgender people in Asia and the Pacific: an agenda for action”, UNDP, July
2010; “Protecting children from violence in sport: a review with a focus on industrialized countries”,
UNICEF, July, 2010; “International technical guidance on sexuality education”, UNESCO with
UNAIDS, UNFPA, UNICEF and WHO, December 2009; UNHCR, Guidance Note on Refugee
Claims Relating to Sexual Orientation and Gender Identity, UNHCR, November 2008; Report of the
Director-General: Equality at Work, ILO, 2007; Report on prevention and treatment of HIV and other
sexually-transmitted infections among men who have sex with men and transgender populations,
WHO, June 2011; “Experiencias de estigma y discriminación en personas homosexuales/gays,
bisexuales y trans”, UNFPA, July 2010; International Guidelines on HIV/AIDS and Human Rights,
UNAIDS and OHCHR, July 2006.
3