– Positive developments The widespread formal recognition, in constitutional and legislative texts, of the right to freedom of assembly, association and speech should in theory serve to provide protection for human rights defenders. The ACJ has also noted positive examples of NHRIs engaging with and supporting the rights of lesbian, gay, bisexual and transgender defenders in this region. 92 However, notwithstanding formal constitutional and legislative recognition of these rights in many countries, those promoting the rights of people of diverse sexual orientation and gender diversity often find their basic human rights, as well as the rights to freedom of assembly, opinion and expression, are neither respected nor protected. – Limitations in protection The abuse of the rights of human rights defenders has been acknowledged by the UN Special Rapporteurs on human rights defenders, extrajudicial, summary or arbitrary executions, independence of judges and lawyers, torture, children, and health. Together they have documented a litany of human rights violations directed at the defenders of the rights of lesbian, gay, bisexual, transgender and intersex persons. These include: being subjected to threats of violence and death threats; the arbitrary invasion of their privacy by raiding houses and offices; physical violence; torture; sexual abuse; and murder. 93 The UN Committee Against Torture has observed that States should take effective measures to protect human rights defenders against harassment, threats and attacks. For example, the right of individuals to protection under the law implies the duty of the State to guarantee the right to life (Article 6(1)) and the right to personal security (Article 9(1)) with particular reference to protection from private parties. In the context of the Universal Periodic Review the HRC has found that the failure of the State to take adequate measures to ensure the personal security of an individual constitutes a violation of the right to security under the ICCPR. Similarly, the HRC has strongly opposed the use of legislation, including emergency legislation, to restrict the activities of human rights defenders, and has advised States to take ‘urgent steps’ to amend such legislation. Children Though not specifically referenced in the terms of reference, the ACJ noted in particular the experiences of children who identify as, or whose parents are, lesbian, gay, bisexual or transgender. Such children face discrimination and the abuse of their rights in a wide variety of circumstances. Article 2 of the Convention on the Rights of the Child prohibits discrimination on various grounds, including with regard to ‘‘race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status’. In considering this provision, the Committee on the Rights of the Child (CRC) stated that, ‘these grounds also cover . . . sexual orientation’. 94 Article 2, paragraph 2 further provides that: “States Parties shall take all appropriate measures to 92 The NHRIs of Australia, Indonesia, Korea, Mongolia, New Zealand and Thailand have engaged with local human rights defenders on a variety of issues and projects. More information is available in the ACJ Background Paper at Chapter III. 93 Refer to section 2 above re UN Special Procedures. 94 Committee on the Rights of the Child, General Comment No. 4: Adolescent health and development in the context of the Convention on the Rights of the Child, 1 July 2003, CRC/GC/2003/4. ACJ Report: Human Rights, Sexual Orientation and Gender Identity 30