A/HRC/19/41 5. To protect the right to freedom of expression, association and assembly in a nondiscriminatory manner 18. Freedom of expression, association and peaceful assembly are enshrined in the Universal Declaration of Human Rights (arts. 19-20) and the International Covenant on Civil and Political Rights (arts. 19, 21-22). Under article 19 of the Universal Declaration, “everyone has the right to freedom of thought and expression; this right includes freedom to hold opinions without interference and to seek receive and impart information and ideas”. Under article 20 (1), “everyone has the right to freedom of peaceful assembly and association.”23 19. The International Covenant on Civil and Political Rights permits restriction of these rights, but only when provided by law and necessary to protect the rights (or, in the case of expression, reputation) of others or national security, public safety, public order or public health or morals. The Human Rights Committee has confirmed that any such restrictions must be compatible with the provisions, aims and objectives of the Covenant and “must not violate the non-discrimination provisions of the Covenant”, including, in accordance with the Committee‟s jurisprudence, on grounds of sexual orientation or gender identity. 24 III. Violence A. Killings, rape and other acts of discriminatory violence 20. Homophobic and transphobic violence has been recorded in all regions. Such violence may be physical (including murder, beatings, kidnappings, rape and sexual assault) or psychological (including threats, coercion and arbitrary deprivations of liberty).25 These attacks constitute a form of gender-based violence, driven by a desire to punish those seen as defying gender norms. 21. In addition to “street” violence and other spontaneous attacks in public settings, those perceived as LGBT may be targets of more organized abuse, including by religious extremists, paramilitary groups, neo-Nazis and extreme nationalists. Young LGBT people and those of all ages who are seen to be transgressing social norms are at risk of family and community violence. Lesbians and transgender women are at particular risk because of gender inequality and power relations within families and wider society. 22. Violence against LGBT persons tends to be especially vicious compared to other bias-motivated crimes. According to the Organization for Security and Cooperation in 23 24 25 8 forms of discrimination: see for example Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (CEDAW/C/GC/28), paras. 18 and 31; Committee on Economic, Social and Cultural Rights, general comment No. 16 (E/C.12/2005/4), para. 5; and Committee on the Elimination of Racial Discrimination, general recommendation No. 25, Official Records of the General Assembly, Fifty-fifth Session (A/55/18), annex V, sect. A. Also relevant is the Declaration on Human Rights Defenders which, while not legally binding, was adopted by consensus by the General Assembly in its resolution 53/144. Article 7 of the Declaration refers to the right to “develop and discuss new human rights ideas and principles and to advocate their acceptance”. General comment No. 34 (CCPR/C/GC/34), para. 26. See also general comment No. 22 (CCPR/C/21/Rev.1/Add.4), para. 8. Article 2 of the Declaration on the Elimination of Violence against Women notes that violence against women encompasses violence within the family, within the community, and physical, sexual or psychological violence perpetrated and condoned, by the State, wherever it occurs.