33. Pay attention to the rights of persons of diverse sexual orientation or gender identity who are detained, including in juvenile facilities. This includes, in particular, their right not to be subjected to torture or to cruel, degrading or inhuman treatment. Advocacy We recommend that NHRIs consider advocacy in relation to: The interpretation and amendment of domestic laws 34. Advocate the review of existing laws to remove all laws that violate the human rights of persons of diverse sexual orientation or gender identity and ensure the application of all laws in a non-discriminatory manner. 35. Advocate the repeal or revision, as appropriate, of relevant domestic laws to decriminalise same sex sexual conduct between consenting adults. 36. Advocate the revision or removal of laws and policies that criminalize, penalise or prohibit diverse gender expressions. 99 37. Advocate uniform age-of-consent laws for heterosexual and same sex sexual conduct; 38. Advocate the removal of legal barriers to the distribution of sexual health information, including by providing exceptions to obscenity offences for such material. 39. Advocate the enactment of legal protections from hate crimes and prohibit vilification on the grounds of gender identity and sexual orientation. 40. Advocate the introduction of laws that make sexual assault of males a criminal offence, where they do not exist. 41. Advocate the enactment of anti-discrimination provisions that ensure protection and promotion of the human rights of persons of diverse sexual orientation and gender identity. Provisions should specifically prohibit discrimination on these grounds and cover actions by non-State and private actors. Areas of discrimination of particular concern include employment, access to services including health care, education, accommodation, provision of identity documents, and access to welfare services. The enforcement of domestic laws 42. Advocate the end of selective or disproportionate enforcement of laws (such as vagrancy, prostitution, assembly laws) with regard to persons of diverse sexual orientation or gender identity. 43. Advocate the end of the selective enforcement of criminal laws, including public order and sex work offences and particularly where this is used as a pretext for extortion or for harassing, assaulting, detaining and punishing persons of diverse sexual orientation or gender identity. 99 The expression of gender identity may occur through, amongst other things, dress, speech mannerisms, or through permanent (medical) or temporary changes to ones appearance. ACJ Report: Human Rights, Sexual Orientation and Gender Identity 37

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