A/HRC/19/41
30.
The Special Rapporteur on human rights defenders has expressed deep concern
regarding “denigration campaigns and violent threats against defenders of lesbian, gay,
bisexual and transgender rights.”42 The Special Representative of the Secretary-General on
human rights defenders noted in 2007 that those defending the rights of LGBT and intersex
persons had had their houses and offices raided, and been attacked, tortured, sexually
abused, threatened and killed, adding that “a major concern in this regard is an almost
complete lack of seriousness with which such cases are treated by concerned authorities”. 43
31.
Where available, national crime figures indicate high levels of violence targeted at
individuals on the basis of their actual or presumed sexual orientation or gender identity. In
the United States, for example, Government figures show numbers of bias-motivated
incidents against gay, lesbian and bisexual people rank second only to racist incidents and
on par with incidents against members of religious minorities. 44 In the United Kingdom of
Great Britain and Northern Ireland, the only European Union state to publish official data
on prosecutions for LGBT-related hate crimes, 988 criminal cases were initiated in 2007, of
which 759 resulted in convictions. 45
32.
A recent Council of Europe report found “Hate-motivated violence and hate crimes
against LGBT persons take place in all Council of Europe member states.”46 A survey
conducted in 2008 in the United Kingdom by the non-governmental organization
Stonewall, with Government support, found that a third of lesbians and a quarter of gay
men experienced a hate crime or incident (including verbal aggression) in the preceding
three years.47 In a Slovenian study, 53 per cent of lesbian and gay respondents reported
experiencing violence in the past because of their sexual orientation. 48 A 2011 report of the
European Union Agency for Fundamental Rights found that lesbian and bisexual women
are more likely to experience sexual and other assaults in private settings than gay or
bisexual men, who are more likely to be attacked by unknown perpetrators. The
perpetrators are usually young men in groups.49
33.
Treaty bodies have expressed concern about rhetoric used to incite hatred and
related violence.50 Such language can be used by political and community leaders to stir up
42
43
44
45
46
47
48
49
50
on South Africa (CEDAW/C/ZAF/CO/4), para. 39; and on the report of the Special Rapporteur on her
mission to Kyrgyzstan (A/HRC/14/22/Add.2), para. 38.
A/HRC/13/22, para. 49.
A/HRC/4/37, paras. 94-96.
Uniform Crime Report: Hate Crime Statistics 2009, U.S. Department of Justice, Federal Bureau of
Investigation, Washington, D.C., November 2010.
European Union Agency for Fundamental Rights, “Homophobia and Discrimination on Grounds of
Sexual Orientation and Gender Identity: Part II – the Social Situation”, 2009, Vienna, p. 38.
“Discrimination on Grounds of Sexual Orientation and Gender Identity in Europe”, Council of
Europe, Strasbourg, June 2011, p. 52.
“Homophobic hate crime: The Gay British Crime Survey 2008”, Stonewall, London, 2009, p. 11.
A. Svab, R. Kuhar, “The Unbearable Comfort of Privacy: Everyday Life of Gays and Lesbians”,
Ljubljana, 2005, p. 153.
“Homophobia, Transphobia and Discrimination on Grounds of Sexual Orientation and Gender
Identity in the EU Member States: Summary of Findings, Trends, Challenges and Promising
Practices”, European Union Agency for Fundamental Rights, Vienna, 2011, p. 13.
See for example the concluding observations of the Human Rights Committee on Poland
(CCPR/C/POL/CO/6), para. 8. See also the concluding observations of the Committee against Torture
on the Republic of Moldova (CAT/C/MDA/CO/2), para. 27; Poland (CAT/C/POL/CO/4), para. 20;
and Mongolia (CAT/C/MNG/CO/1), para. 25.
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