PRISM: Human Rights issues relating to Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC) in Aotearoa New Zealand - A report with recommendations 3% 22% Transgender Gender diverse 75% Intersex FIGURE 2: Proportion of transgender, gender diverse, and intersex people who made a complaint to the Human Rights Commission 1 January 2008 - 31 December 2019 The main area of discrimination differs between these two groups. Trans and gender diverse people were most commonly discriminated against in the area of government activity, while employment was the biggest issue for those discriminated against due to their sexual orientation (Table 1). Discrimination in regard to health, education, and work will be discussed in forthcoming chapters. Violence and abuse Multiple comprehensive reviews show that people with a diverse sexual orientation and gender identity experience a higher risk of physical and sexual violence than the general population.67 In most cases, the person’s sexual orientation or gender identity was a factor in the perpetration of the abuse. The United Nations Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity states, “the data available show that [lesbian, gay, bisexual, trans and gender non-binary persons] face the near-certainty of suffering violence during their lives, and that as a general rule [they] live every day in the awareness and fear of it.”68 “Hate crime” and “hate speech” are two terms used to describe some of the violence and abuse experienced by people with a diverse SOGIESC.69 They are different but related concepts, with concerns in common. The Commission receives numerous requests for information about hate speech and hate crime, the lack of legislative protection in New Zealand, and the lack of justice sector-related data. These requests include incidents where SOGIESC have been a factor. Violence against people with diverse sexual orientations, gender identities and expressions, and sex characteristics was an issue of concern to participants at the Commission’s Wellington hui.70 Area (No. of Complaints) Rank Trans and Gender Diverse Sexual Orientation 1 Government Activity (78) Employment (124) 2 Provision of Goods and Services (47) Provision of Goods and Services (94) 3 Employment (44) Government Activity (70) TABLE 1: Most common area of discrimination for trans and gender diverse people, and sexuality diverse people, complaining to the Human Rights Commission 1 January 2008 - 31 December 2019 67 68 69 70 16 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 [26]. Ibid. See “Hate crime compared with hate speech” in New Zealand Human Rights Commission Kōrero Whakamauāhara - Hate Speech: An overview of the current legal framework (Wellington, 2019) at 7-8. New Zealand Human Rights Commission Stakeholder Engagement Meeting Notes: Sexual orientation, gender identity, and sex characteristics (SOGISC) consultation (Wellington, 7 March 2018).