PRISM: Human Rights issues relating to Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC) in Aotearoa New Zealand - A report with recommendations SOGI formally on the international human rights agenda.23 However, the establishment of the mandate was and remains controversial.24 In 2016, it was repeatedly challenged in various organs of the UN General Assembly by countries who vigorously sought to undermine its function.25 Despite ongoing campaigns against its renewal, the mandate was successfully renewed at the Human Rights Council for a further three years in 2019.26 The New Zealand government cosponsored the successful resolution to renew the mandate.27 Having ratified many international human rights treaties, covenants, conventions, and protocols, New Zealand is obliged to implement these existing international standards through its domestic laws. The New Zealand Human Rights Commission (the Commission) monitors the progress made regarding human rights in New Zealand, including the rights of people with a diverse sexual orientation, gender identity and expression, or sex characteristics. The Commission has produced four relevant reports specifically on these populations.28 political, economic, social, and cultural human rights. The issues affecting these populations are the same as many other minority communities, including but not limited to minority stress, healthcare, housing, education, employment, safety, and violence. Despite the resilience of these communities, they are consistently overrepresented in negative statistics regarding mental health, addiction, lifespan, homelessness, and employment.29 Multiple minority identities, such as having disabilities or impairments; being from an indigenous population, a person of colour, or non-white; living with HIV or in unstable housing; in addition to having a diverse SOGIESC, can compound experiences of violence and discrimination.30 People with a diverse SOGIESC in Aotearoa New Zealand face specific and unique barriers to the full enjoyment of human rights. The stigma and discrimination they face leads to violations of civil, 23 24 25 26 27 28 29 30 10 The mandate of the Independent Expert has two functions: to raise awareness of the violence and discrimination faced by people on the basis of their sexual orientation and gender identity (SOGI), and to advise States on ways they can implement measures to reduce that violence and discrimination. All mandates are established for a period of three years and then given opportunity to be renewed. International Service for Human Rights “LGBTI rights: Defending the United Nations Independent Expert on Sexual Orientation and Gender Identity” (press release, 27 October 2017). OutRight Action International and others Defending the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity at the 71st Session of the United Nations General Assembly (2017). International Lesbian, Gay, Bisexual, Trans and Intersex Association “UN renews crucial mandate for protection against violence and discrimination based on sexual orientation and gender identity” (press release, 12 July 2019). The resolution was adopted by a vote of 27 countries in favour, 12 against, and 7 abstaining; see Resolution adopted by the Human Rights Council on 12 July 2019: Mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity GA Res 41/18 (2019). This margin of success was even larger than the result three years earlier in 2016, when the original resolution was adopted by a vote of 23 countries in favour, 18 against, and 6 abstentions; see Resolution adopted by the Human Rights Council on 30 June 2016: Protection against violence and discrimination based on sexual orientation and gender identity GA Res 32/2 (2016). International Lesbian, Gay, Bisexual, Trans and Intersex Association, International Service for Human Rights and ARC International Renewal of the Mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity: Compilation of the Adoption of the 2019 SOGI Resolution 41/18 (2019) at Annex 1. These are 1) 2008 Report of the Inquiry into Discrimination Experienced by Transgender People; 2) 2010 chapter on the Rights of Sexual and Gender Minorities, as part of the Commission’s 2010 review of human rights in New Zealand; 3) 2016 Intersex Roundtable Report: The practice of genital normalisation on intersex children in Aotearoa New Zealand; and 4) 2017 Intersex Roundtable Report: Ending the practice of genital normalisation on intersex children in Aotearoa New Zealand. Victor Madrigal-Borloz Report to the Human Rights Council by the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity UN Doc A/HRC/38/43 (11 May 2018) at [57]. Victor Madrigal-Borloz Report to the Human Rights Council by the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity UN Doc A/HRC/38/43 (11 May 2018) at [58].

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