Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics
A Manual for National Human Rights Institutions
Being LGBT in Asia identified significant gaps in laws protecting gay, lesbian and bisexual people from
violence.130
Domestic violence and sexual assault laws were often drafted to address violence against women perpetrated
by men, but may not apply to violence perpetrated against men by other men [or] against women by other
women ...
The Being LGBT in Asia China and Viet Nam country reports noted that same-sex rape is not considered a
specific offence in these countries.131 Similarly, sexual assault laws in India, Japan, Nepal and Pakistan only
apply where the perpetrator is male and the victim is female. The Mongolia report expressed the concern
that the law on domestic violence would not cover same-sex couples. It also described reports of assaults
against [lesbian, gay and bisexual] people perpetrated by police authorities.132 The Thailand report described
the lack of protective laws, despite a high level of violent incidents corrective rape of lesbians by female
relatives and brutal murders of lesbians in the 2000s.133
State obligations under international human rights law include the obligation to protect human rights.
International human rights mechanisms have said repeatedly that the State bears responsibility for human
rights violations perpetrated by non-State actors where the State has failed to provide an adequate level
of protection. Family and relationship violence has been signalled out repeatedly for specific mention in
this respect. Lesbian, gay and bisexual people are more reluctant than most to report violence to the
police because of the fear of exposure of their sexual orientation or even worse treatment on the basis
of their sexual orientation. These concerns are likely to be heightened for lesbians and bisexual women,
including in communities where women are blamed for violence against them. Similarly, lesbian, gay and
bisexual sex workers may be very reluctant to approach police about sexual assaults, particularly if sex
work is criminalised.
Photo by UNDP/H. Nhan
38
130
UNDP, Leave no one behind: Advancing social, economic, cultural, and political inclusion of LGBTI people in Asia and the Pacific,
2016 forthcoming.
131
UNDP and USAID, Being LGBT in Asia: China Country Report, p. 8; UNDP, Being LGBT in Asia: Viet Nam Country Report, p. 36.
132
UNDP and USAID, Being LGBT in Asia: Mongolia Country Report, pp 19 and 21.
133
UNDP and USAID, Being LGBT in Asia: Thailand Country Report, p. 43.