Part of our Everyday Work NHRI Guidelines for Mainstreaming SOGISC Work 4.5. COURT INTERVENTIONS AND MONITORING Many NHRIs have the power to intervene in court proceedings and present submissions on human rights law, as of right or as a friend of the court. Often courts are not familiar with SOGISC terminology, the experiences of LGBTI people, and the relevant human rights standards. As national experts on human rights law, NHRIs play a valuable role by sharing that expertise and experience in court proceedings. This might include making submissions in relevant court cases to ensure that domestic law operates in accordance with international human rights law, including its application to SOGISC issues as set out in the Yogyakarta Principles. By consulting with LGBTI organisations and human rights lawyers, and monitoring cases coming before the courts, NHRIs can identify opportunities to make strategic interventions. On other occasions, NHRIs may attend to observe cases of concern, indicating to the court that the case raises important human rights concerns. It can be difficult for an NHRI to track cases when specific courts are not open to the public or decisions are not published. For example, this may be the situation for Family Court cases about LGB, T or I children, including if judicial approval is needed to authorise surgeries on intersex infants or to amend a transgender person’s gender marker on official documents. In those circumstances, NHRIs might use their advisory function to provide information on these issues for judicial training. EXAMPLES In 2011, the National Human Rights Commission of Korea delivered an opinion to the Constitutional Court challenging, as unconstitutional, a provision in the Military Criminal Law that criminalises samesex conduct. The Commission has also recommended the enactment of a comprehensive antidiscrimination law that includes SO and GI as prohibited grounds of discrimination. The Human Rights Commission of Malaysia (SUHAKAM) attended Federal Court proceedings in 2015 in relation to a case challenging the criminalisation of so-called ‘female impersonation’ by transgender women. SUHAKAM attended as an observer, monitoring the case. The Australia Human Rights Commission intervened in the High Court of Australia, in a legal gender recognition case. The High Court’s finding, consistent with the Commission’s submissions, was that a person’s legal gender should be based on social perceptions and not depend on evidence of the person’s physical (bodily) state. POSSIBLE ACTIONS 31. Monitor cases coming before the courts that raise human rights issues concerning SOGISC and seek to intervene in appropriate cases where the NHRI’s expertise would assist the court to understand the human rights issues and the requirements of human rights law. 4.6. ADVOCACY An NHRI advocates for the acceptance and implementation of its advice, including the results of its investigations, monitoring and national inquiries. Advocacy is also educative and raises awareness about the NHRI, its work and human rights generally. It can be directed towards any sectors of society that affect the human rights of LGBTI people. For example, this might include focusing on law reform; guidelines for health professionals, schools or employers; implementation of international human rights obligations; or including SOGISC issues in national action plans. 19