A/HRC/19/41 Committee on Economic, Social and Cultural Rights observed that “other status” included sexual orientation. “States parties should ensure that a person‟s sexual orientation is not a barrier to realizing Covenant rights, for example, in accessing survivor‟s pension rights. In addition, gender identity is recognized as among the prohibited grounds of discrimination”.7 B. State obligations under international human rights law 8. The obligations of States to prevent violence and discrimination based on sexual orientation and gender identity are derived from various international human rights instruments. These obligations include the ones listed below. 1. To protect the right to life, liberty and security of persons irrespective of sexual orientation or gender identity 9. Under article 3 of the Universal Declaration of Human Rights, “everyone has the right to life, liberty and the security of person”. Article 6 of the International Covenant on Civil and Political Rights affirms that “every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.” 8 The State has an obligation to exercise due diligence to prevent, punish and redress deprivations of life,9 and to investigate and prosecute all acts of targeted violence. 10. Article 33 of the Convention relating to the Status of Refugees provides that States parties have an obligation not to expel or return a refugee to a place where their life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group or political opinion. In the view of UNHCR, individuals who fear persecution on account of their sexual orientation or gender identity may be considered members of a “particular social group”. State parties to the Convention should ensure that such individuals are not returned to a State where their lives or freedom would be at risk and, provided the individuals concerned meet the criteria for refugee status, recognize them as refugees to be treated in accordance with the provisions of the Convention. 10 7 8 9 10 and 72(g); Committee against Torture, general comment no. 2 (CAT/C/GC/2), para. 21; and Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (CEDAW/C/GC/28), para. 18. E/C.12/GC/20, para. 32. In the same general comment, the Committee refers to the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a source of guidance on definitions of “sexual orientation” and “gender identity” (footnote 25, para. 32). The Principles, which are non-binding, were developed by human rights experts. Several United Nations entities have used these definitions to describe sexual orientation and gender identity; see for example UNHCR, Guidance Note on Refugee Claims (see footnote 1), Handbook on prisoners with special needs; and UNAIDS, “Review of Legal Frameworks and the Situation of Human Rights related to Sexual Diversity in Low and Middle Income Countries”. In its resolution 65/208, the General Assembly urged all States to, inter alia, ensure the effective protection of the right to life of all persons under their jurisdiction and to investigate promptly and thoroughly all killings, including those targeted at specific groups of persons, such as killings of persons because of their sexual orientation. Human Rights Committee general comment No. 6. UNHCR, Guidance Note on Refugee Claims (see footnote 1), para. 3; see also UNHCR in relation to Secretary of State for the Home Department v. Patrick Kwame Otchere, 1988. 5