Report of the Conference
Workstation 6: Legal oppression
Facilitator
John Fisher, HRW
Rapporteur
Rabiul Islam, NHRI Bangladesh
Question 1: Gaps in the Yogyakarta Principles in relation to legal oppression
Expanding sphere of criminalisation in some parts of the world is alarming, which includes
• Restrictions on promotion of LGBTI issues
• Guilt by association
• Participation in same sex partnership/celebration
• Gender expression contrary to social-legal norms
• Law restricting LGBTI oppression; such as restriction of NGOs registration and funding foreign
agent laws
• Expansion of restriction into the digital/online space
• Expansion of exemption; for instance: Faith based exemption to non-discrimination law.
Oppressive tolerance
• Permissive laws promote stereotypes. Example: in relation to criteria applied on refugees
• Brazen restriction on sexual and reproductive health and rights
• Stereotyped expression of SOGIESC
• More in-depth analysis of laws used oppress trans and intersex people is needed.
Criminality
• Amendment of the penal code for particular crimes in domestic law
• Lack of political will in the implementation of the Principles
• Foreign agent laws targeting LGBTI population in some countries.
Legal restrictions
• Laws restricting registration of LGBTI CSOs as well as funding for LGBTI CSOs
• Lack of consistency in the application of laws and regulations
• Tolerance of various forms of violence and discrimination (e.g. Bans on donating blood or
accessing fertility treatment
• Application of refugee status for LGBTI individuals
• Non-recognition of sexual and reproductive rights in the Principles
• Criminalisation of sex work in many countries
Privacy and domestic violence
• Increased domestic violence and privatisation of violence
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