An NHRI Guide on responding to COVID-19 impacts on LGBTI people
7. Advocating for laws, policies, and practices that alleviate the impact
of the pandemic on LGBTI people
Monitoring and reporting on human rights violations that LGBTI people face during the pandemic
can amplify the NHRI’s important voice in calling for legal protections. NHRIs can advocate for
changes in laws, attitudes, or practices by the government, the judiciary, the media, among
businesses, the general public, and others.128
Since the onset of the pandemic, several countries have decided to amend existing legislation or
put new laws and regulations in place to respond to the health crisis. For instance, restrictions on
gatherings have been upheld for extended periods of time in a number of countries. In some cases,
these restrictions were used to ensure community meetings or for instance Pride events could
not take place. In such cases, the NHRI can urge the government to withdraw undue restrictions.
NHRIs can participate in consultation processes or submit an opinion, to make sure that the
situation and needs of LGBTI people are reflected in these legal changes. Importantly, NHRIs can
remind the government of its obligations when it plans to roll back existing human rights under the
disguise of pandemic measures.129
NHRIs may have been calling for legislative reform before and are now documenting additional
violations as evidence of why that reform is needed. Alternatively, NHRIs may learn about new
challenges and needs that require a new legal response.130
POSSIBLE ACTIONS
• Use the evidence collected by the NHRI on the impact of the pandemic on LGBTI people and call
for comprehensive and inclusive anti-discrimination legislation.
• Engage NGOs in the advocacy of the NHRI’s reports on the pandemic’s impact on vulnerable
groups, including LGBTI communities.
• Submit an opinion on the need to introduce legal gender recognition procedures, point
to difficulties that trans, non-binary, and intersex people, whose documents may not match
their identity or appearance, have faced during the pandemic, when accessing state benefits,
vaccinations, or tests.
• Call for vaccination and testing to be available to the public without ID cards, to ensure that
trans, intersex, and gender non-conforming people can access them on an equal basis with
others.
• Urge the government to repeal criminalisation provisions that prevent LGBTI people from
seeking healthcare services during the pandemic or from reporting cases of domestic or family
violence during lockdowns.
128
23
Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity, and Sex Characteristics,
APF, p. 182.
129
OHCHR, COVID-19 and the Human Rights of LGBTI people.
130
Ibid.