Sexual orientation and gender
identity: policymakers are taking decisions in the dark, says UN expert
GENEVA (12 June 2019) – Information
about the lived realities of LGBT people around the world is, at best,
incomplete and fragmented, but in most countries it is simply non-existent,
said the UN Independent Expert on protection against violence and discrimination
based on sexual orientation and gender identity.
In a report due to be presented to
the Human Rights Council on 24 June, Victor Madrigal-Borloz urged States to
collect data in an effort to understand the root causes to and eliminate
violence and discrimination against LGBT people.
“States must adequately address
this scourge through public policy, access to justice, law reform or
administrative actions,” said Madrigal-Borloz. “In most contexts policymakers
are taking decisions in the dark, left only with personal preconceptions and
prejudices.
“My findings show that barriers
created by criminalization, pathologization, demonization and stigmatization
hinder accurate estimates regarding the world population affected by violence
and discrimination based on sexual orientation and/or gender identity.
Maintaining such a level of ignorance without seeking appropriate evidence is
tantamount to criminal negligence.”
The expert said that data
collection efforts are already underway in many parts of the world and have
supported assessments of the situation of LGBT persons in various areas of
life, including with regard to their safety, well-being, health, education and
employment. “However, many other areas still lack data and remain unexplored,
for example, the concerns of ageing LGBT people and intersections with
disability, racism and xenophobia.
“Further, in environments in which
the State criminalizes certain forms of sexual orientation and gender identity
and expression fully effective data collection is impossible: I have received
multiple accounts of data being used for surveillance, harassment, entrapment,
arrest and persecution by government officials in such contexts.
“I call on States to design and
implement comprehensive data collection procedures to assess the type,
prevalence, trends and patters of violence and discrimination against LGBT
persons. When doing so, States should always respect the overriding ‘do no
harm’ principle and follow a human rights-based approach to prevent the misuse
of collected data,” said the expert.
ENDS
Mr. Victor Madrigal-Borloz (Costa
Rica) assumed the role of UN Independent Expert on Protection against violenceand discrimination based on sexual orientation and gender identity for a three
year period starting on 1 January 2018. He serves as the Secretary-General of
the International Rehabilitation Council for Torture Victims (IRCT), a global
network of over 150 rehabilitation centres with the vision of full enjoyment of
the right to rehabilitation for all victims of torture and ill treatment. A
member of the UN Subcommittee on the Prevention of Torture from 2013 to 2016,
Mr Madrigal-Borloz was Rapporteur on Reprisals and oversaw a draft policy on
the torture and ill-treatment of LGBTI persons.
The Independent Experts are part of
what is known as the Special Procedures of the Human Rights Council. Special
Procedures, the largest body of independent experts in the UN Human Rights
system, is the general name of the Council’s independent fact-finding and
monitoring mechanisms that address either specific country situations or
thematic issues in all parts of the world. Special Procedures experts work on a
voluntary basis; they are not UN staff and do not receive a salary for their
work. They are independent from any government or organization and serve in their
individual capacity.
For inquiries and media requests,
please contact: Ms Alice Ochsenbein (+41 22 917 98 32 / aochsenbein@ohchr.org)
or Ms Catherine de Preux De Baets (+41 22 917 93 27 /
cdepreuxdebaets@ohchr.org).
For media inquiries related to
other UN independent experts please contact
Mr. Jeremy Laurence, UN Human
Rights – Media Unit (+41 22 917 9383 / jlaurence@ohchr.org)
Follow news related to the UN’s
independent human rights experts on
Twitter @UN_SPExperts.
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