A/HRC/19/41
Australia, Indonesia, Jordan, Malaysia, Mongolia, Nepal, New Zealand, the Philippines, the
Republic of Korea and Thailand.140
79.
Some States – inter alia, Australia, India, Nepal, Pakistan, Portugal, the United
Kingdom and Uruguay – have made it easier for transgender and intersex persons to obtain
legal recognition of a change of gender or to indicate a gender other than male or female.
The New Zealand Human Rights Commission recently concluded a two-year consultation
to identify human rights concerns of transgender persons.141
80.
Finally, recognizing that safeguarding the rights of LGBT persons is a multifaceted
undertaking, the Government of Norway recently published a plan of action intended to
mobilize eight Government departments to implement a series of specific measures.142
VII. Conclusions and recommendations
81.
The present report summarizes only some of the information gathered by
United Nations treaty bodies and special procedures, regional and non-governmental
organizations on violence and discrimination based on actual or perceived sexual
orientation or gender identity. A more comprehensive analysis of the human rights
challenges facing LGBT and intersex persons would require a more extensive study
and, in future, regular reporting.
82.
Nevertheless, on the basis of the information presented herein, a pattern of
human rights violations emerges that demands a response. Governments and intergovernmental bodies have often overlooked violence and discrimination based on
sexual orientation and gender identity. The mandate of the Human Rights Council
requires it to address this gap: the Council should promote “universal respect for the
protection of all human rights and fundamental freedoms for all, without distinction
of any kind and in a fair and equal manner.”143 With the adoption in June 2011 of
resolution 17/19, the Council formally expressed its “grave concern” regarding
violence and discrimination based on sexual orientation and gender identity. Further
action is now needed, especially at the national level, if individuals are to be better
protected from such human rights violations in future.
83.
The recommendations to Member States set out below, which are not
exhaustive, draw on measures recommended by United Nations human rights
mechanisms.
84.
The High Commissioner recommends that Member States:
(a)
Investigate promptly all reported killings and other serious incidents of
violence perpetrated against individuals because of their actual or perceived sexual
orientation or gender identity, whether carried out in public or in private by State or
non-State actors, and hold perpetrators accountable, and establish systems for the
recording and reporting of such incidents;
140
141
142
143
24
For more information on the work of the Asia Pacific Forum in this area and contributions of national
human rights institutions in the region, see
www.asiapacificforum.net/support/issues/sexual_orientation.
“To Be Who I am”, New Zealand Transgender Inquiry report, New Zealand Human Rights
Commission, 2008.
“Improving Quality of Life among Lesbians, Gays, Bisexuals and Trans persons, 2009 –2012”,
Norwegian Ministry of Children and Equality, 2008.
General Assembly resolution 60/251, para. 2.
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