PUBLIC CONSULTATION ON PROTECTION AGAINST VIOLENCE AND

DISCRIMINATION BASED ON SEXUAL ORIENTATION AND GENDER

IDENTITY
24-25 January 2017
United Nations Office in Geneva, Switzerland, room XXV
Concept note
1. Background
The United Nations (UN) Human Rights Council established the mandate of the (UN)
Independent Expert on protection against violence and discrimination based on sexual
orientation and gender identity (UN IE SOGI) during its 32nd session in 2016 and appointed
Mr. Vitit Muntarbhorn, a Professor Emeritus of law at Chulalongkorn University in Bangkok,
to the position.1
The Human Rights Council requested the Independent Expert in its resolution 32/2, inter alia,
to:

Assess the implementation of existing international human rights instruments with

regard to ways to overcome violence and discrimination against persons on the basis
of their sexual orientation or gender identity, while identifying both best practices and
gaps;
Raise awareness of violence and discrimination against persons on the basis of their
sexual orientation or gender identity, and to identify and address the root causes of
violence and discrimination;
Engage in dialogue and to consult with States and other relevant stakeholders,
including UN agencies, programmes and funds, regional human rights mechanisms,
national human rights institutions, regional mechanisms, civil society organizations
and academic institutions;
Work in cooperation with States in order to foster the implementation of measures
that contribute to the protection of all persons against violence and discrimination
based on sexual orientation and gender identity;
Address the multiple, intersecting and aggravated forms of violence and
discrimination faced by persons on the basis of their sexual orientation and gender
identity;
Conduct, facilitate and support the provision of advisory services, technical
assistance, capacity-building and international cooperation in support of national
efforts to combat violence and discrimination against persons on the basis of their
sexual orientation or gender identity.

1A/HRC/RES/32/2. Professor Muntarbhorn was appointed at the subsequent (33rd) session of the Human Rights
Council.

2. Working Methods
In fulfilling the mandate, the Independent Expert will submit annual reports to the Human
Rights Council and the General Assembly on activities, trends and methods of work.
Moreover, he will undertake country visits; act on individual cases2 and concerns of a
broader, structural nature by sending communications to States and others in order to bring
alleged violations or abuses to their attention; raise public awareness; and provide advice on
technical cooperation.
3. Underlying Challenges
At the heart of the discourse on protection against violence and discrimination based on
SOGI is the principle of equality interlinked with non-discrimination underlined by the 1948
Universal Declaration of Human Rights and developed by international human rights law and
practice. As evidenced by the application of the wide range of international human rights
treaties, international human rights bodies and procedures, ranging from the human rights
treaty bodies, their general comments and recommendations, the Universal Period Review of
the UN, the coverage by the UN Special Procedures in regard to SOGI related violations, and
UN resolutions and studies on SOGI, the international human rights system has been
progressively strengthening the protection against violence and discrimination based on
SOGI3. The protection of persons based on their SOGI and the mandate of the UN
Independent Expert are based on international law, complemented and supplemented by State
practice.
The establishment of the UN mandate on SOGI also enhances the opportunities offered by
the global adoption of the Sustainable Development Goals (SDGs) in 2015, which are all
based on a single, guiding principle: to leave no one behind. In particular, the SDGs target an
end to violence and discrimination in the timeframe of 2015-2030.
To address the challenges of violence and discrimination, especially their multiple,
intersecting and aggravated forms, based on SOGI, and invite further reflections for
implementation, supported by global cooperation (as set-out in the resolution establishing the
mandate), the following five linchpins will help frame the priorities of the mandate:
1. Decriminalization: abrogate laws criminalizing consensual same sex conduct and
transgender people based on their appearance; pending their reform, desist from
applying these laws; and adopt a moratorium accordingly;
2. Destigmatization: dialogue and capacity build with a variety of stakeholders to
prevent and overcome stereotyping and prejudices faced by persons on the basis
of their SOGI; work with the medical and related sectors to address stigma in the
2For information on how to submit information to mandate holders, see
http://www.ohchr.org/EN/HRBodies/SP/Pages/Communications.aspx
3See,inter alia, OHCHR publication, Born Free and Equal: Sexual Orientation and Gender Identity in
International Human Rights Law (2012), which outlines the key obligations of States under international law to
protect the rights of LGBT people, and the first two official UN reports on violence and discrimination based on
sexual orientation and gender identity (A/HRC/19/41 and A/HRC/29/23), which were requested by the Human
Rights Council through its resolutions 17/19 and 27/32 and presented in 2012 and 2015, respectively.

medical field which might lead to violence and discrimination on the basis of
SOGI ; and end the practice of aversion therapy/conversion therapy aimed at
changing peoples sexual orientation and gender identity;
3. Legal recognition of gender identity: affirm in law and practice the right of
people to have their gender identity recognized on official and other documents;
discard the conditions that they must undergo, such as surgery, treatment, divorce,
sterilization or medical certification before they can change their legal gender; and
overcome bureaucratic hurdles in official and other circles on this front;
4. Cultural inclusion with gender-and-sexual diversity: identify and disseminate
inclusive interpretations of religion and other beliefs with space for gender-andsexual diversity; work with religious, political, community and opinion leaders to
advocate respect for and protection of all persons, irrespective of their SOGI; and
enable people to associate and participate fully in family life and societal change;
5. Empathization: promote a human rights sensitive educational and socialization
process to address violence and discrimination against persons on the basis of
their SOGI from childhood onwards; prevent hate speech and bullying from a
young age; and involve teachers, parents, communities, and children/youth in
nurturing an understanding of SOGI which is all-embracing.
4. Objectives of the consultation
Against this backdrop, the Independent Expert wishes to hold this consultation to:
i.
ii.
iii.

Exchange views with participants on defining the scope of the Independent Experts
work, setting priorities and developing effective strategies;
Discuss possible areas identified by the Independent Expert, highlighting possible
good practices and gaps at international, regional and national levels;
Offer a platform of dialogue between participants, including facilitating the exchange
of experiences, knowledge, and lessons learned.

5. Outputs
This consultation will enable the Independent Expert to identify priority work areas in
carrying out his mandate, to set short- and long- term goals to achieve and to develop
effective strategies to accomplish these goals. Discussions will inform the Independent
Experts initial report to the Human Rights Council and General Assembly, to be presented in
June and October 2017 respectively.
Furthermore, the consultation will raise awareness about the work of the Independent Expert
and facilitate partnerships with interested stakeholders.
6. Participants

The consultation is open to States, UN agencies, programmes and funds, regional human
rights mechanisms, National Human Rights Institutions, members of civil society
organizations, religious communities and interfaith groups, medical professionals, academic
institutions and all other interested stakeholders.
The consultation will start with a general segment during which the UN IE SOGI will
introduce his work and his initial thoughts about the mandate and exchange views with all
participants.
In order to foster in-depth and substantive discussions, the consultation will then be organized
around three meetings, after a general introduction forum for broad discussion. At each
meeting, one cluster of participants will have the opportunity to interact with the Independent
Expert, while others will be welcome to attend.
7. Practical details and contact information
The consultation will take place in Palais des Nations, Avenue de la Paix 8-14, Geneva,
Switzerland, Room XXV, on 24 and 25 January 2017.
If you do not have a badge to enter the Palais des Nations, please send an email message to
ie-sogi@ohchr.org by latest 16 January 2017, indicating that your name should be placed on
the list with Security. Please ensure additional time to obtain accreditation.
For issues related to this consultation or to submit information related to the mandate, please
write to the Independent Expert on protection against violence and discrimination based on
sexual orientation or gender identity (ie-sogi@ohchr.org).
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