Document the Domestic Impact
8.
9.
Identify and document at the domestic level:
i.
human rights violations of transgender and intersex persons as a result of their
inability to gain legal recognition or access legal documentation in the gender of
their choice;
ii.
the impact (both direct and indirect) of laws criminalising same sex sexual
conduct between consenting adults. The indirect effects might include an inability
or unwillingness to access social services such as health and HIV prevention,
and treatment and care services and a vulnerability to blackmail, extortion, and
harassment;
iii.
the extent to which public order and sex work offences are selectively or
disproportionately enforced against persons of diverse sexual orientation or
gender identity;
iv.
the socio-economic impact of human rights violations and discrimination on
persons of diverse sexual orientation or gender identity. For example,
disproportionate incidences of poverty, limited employment opportunities and
reported cases of trafficking or forced prostitution;
v.
the extent to which stigma and discrimination limits access to social services
including social protection schemes, income generation projects and health care
services, including HIV prevention and treatment, and sexual health services;
vi.
the disproportionate impact and application of other laws that may violate human
rights in relation to sexual orientation or gender identity, for example vagrancy,
pornography, and public nuisance laws;
vii.
the issues faced by human rights defenders working on issues of sexual
orientation or gender identity.
Share information amongst NHRIs about best practices in other jurisdictions amongst
NHRIs.
Education, Promotion and Dialogue
We recommend NHRIs:
Facilitate a dialogue with key stakeholders
10.
Provide a platform for and assist persons of diverse sexual orientation or gender
identity to engage in dialogue with all relevant groups including parliamentarians, the
judiciary, judicial officers, law enforcement officials, providers of social services and
community and religious leaders and thinkers on the promotion, protection and
fulfilment of their human rights (including their economic, social and cultural rights).
11.
Promote dialogue among progressive community and religious leaders and thinkers on
the relationship between faith, religion, custom and tradition and sexual orientation or
gender identity.
ACJ Report: Human Rights, Sexual Orientation and Gender Identity
34