3. Recommendations
Introduction
These recommendations are based on the understanding that human rights apply to all
people by virtue of their inherent dignity and humanity, and that every person is entitled to be
treated humanely, irrespective of their origin and status.
The NHRIs which comply with the Paris Principles have the role of protecting and promoting
the human rights of all persons. Their mandates therefore extend to the rights of those who
suffer human rights violations on the basis of sexual orientation or gender identity.
There are a variety of functions common to Asia Pacific NHRIs, including research,
education, monitoring, and advocacy and the recommendations of the ACJ are grouped
under these functions. Finally, a number of recommendations are directed to the APF more
generally.
Implementation of recommendations
The recommendations have been structured in a way that facilitates a staged approach to
their implementation. In the first instance, the recommendations are directed towards building
the internal capacity of NHRIs and to the production and dissemination of research on
violations of the human rights of persons of diverse sexual orientation or gender identity.
They then move to the promotion of respectful interaction and dialogue between the wider
community and persons of diverse sexual orientation or gender identity, and the monitoring
of the extent to which such persons enjoy the full range of human rights including, in
particular, the right to freedom from discrimination. They progress to recommending ways in
which NHRIs might advocate for the full realisation of all human rights for all persons,
including persons of diverse sexual orientation or gender identity.
While structured in this manner, it is not necessary for the recommendations to be
implemented in this way. In prioritising whether, and the order in which these
recommendations are pursued, the ACJ appreciates that APF member institutions have
different priorities, contexts, and resources, and operate in different cultural and religious
frameworks. It also recognises the value of locally owned and locally driven initiatives and
actions. Country specific, cultural, religious and political factors may therefore be relevant in
determining such initiatives. All initiatives must, however, be in accordance with the
international human rights framework which recognises the universality, indivisibility and
interdependency of the human rights of all persons, including persons of diverse sexual
orientation or gender identity.
Finally, it should be noted that the recommendations are not necessarily complete and
NHRIs should consider any other actions aimed at promoting and protecting the rights of
persons of diverse sexual orientation or gender identity.
Consultative and Participatory Approach
In implementing these recommendations, a consultative and participatory approach is to be
encouraged. Accordingly, wherever relevant and appropriate, NHRIs should:
ACJ Report: Human Rights, Sexual Orientation and Gender Identity
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