Toonen, the criminalization of homosexuality is considered incompatible with Articles 17 and 26 of the ICCPR. 17 In addition, a variety of Special Procedure mandate holders have referenced the issue of persecution on grounds of sexual orientation and gender identity as coming within their respective mandates. These include: • • • • • • • Special Rapporteur on violence against women, its causes and consequences; 18 Special Rapporteur on extrajudicial, summary or arbitrary executions; 19 Special Representative of the Secretary General on Human Rights Defenders; 20 Special Rapporteur on the Independence of Judges and Lawyers; 21 Special Rapporteur on Torture; 22 Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography; 23 Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health. 24 – by the UN General Assembly and Human Rights Council The General Assembly has referenced sexual orientation in its 2008 resolution on extrajudicial, summary or arbitrary executions, which urged all States to: 17 Opinion No22/2006 (Cameroon) of 31 August 2006, para 19, in UN Doc. A/HRC/4/40/Add.1. 18 The Special Rapporteur stated 'sexual assault and coercion can occur at all stages of a woman’s life, whether in the context of marriage, between close family or extended family members, between acquaintances or total strangers. Cases of lesbian women being targeted for rape specifically because of their sexual orientation in order for the aggressor to “prove [the victim’s] womanhood” have also been documented, 'Report E/CN.4/2005/72 (para. 27). 19The Special Rapporteur outlined that 'reports have been received of serious human rights violations committed in Afghanistan during the Taliban period, including reports of persons suspected to be homosexuals being buried alive.' Report E/CN.4/2003/3 (paras 66-67). 20 The Special Representative noted that 'Greater risks are faced by defenders of the rights of certain groups as their work challenges social structures, traditional practices and interpretations of religious precepts that may have been used over long periods of time to condone and justify violation of the human rights of members of such groups. Of special importance will be women’s human rights groups and those who are active on issues of sexuality, especially sexual orientation and reproductive rights. These groups are often very vulnerable to prejudice, to marginalization and to public repudiation, not only by State forces but by other social actors.' Report E/CN.4/2001/94 (para.24). 21 The Special Rapporteur noted that, 'transvestites, transsexuals and homosexuals are also frequently the victims of violence and discrimination. When they turn to the judicial system, they are often confronted with the same prejudices and stereotypes they face in society at large.' Report E/CN.4/2005/60/Add.3 (para.28). See also paras 24-29. 22 The Special Rapporteur has received information according to which members of sexual minorities have been subject to cruel, inhuman or degrading treatment in non-penal institutions. In a number of countries, members of sexual minorities are said to have been involuntarily confined to state medical institutions where they were allegedly subjected to forced treatment on grounds of their sexual orientation or gender identity, including electric shock therapy and other “aversion therapy”, reportedly causing psychological and physical harm. The Special Rapporteur notes, in particular, that the World Health Organization removed homosexuality from its International Classification of Diseases-10 (ICD-10) in 1992. The Special Rapporteur has received information according to which, in a number of countries, persons suspected of homosexuality have been subjected to compulsory, intrusive and degrading medical examinations of anus and penis in order to determine whether penetration had taken place, inter alia, within the context of enlistment for military service.' Report A/56/156 (para 24) Also see (paras 17–25). See also E/CN.4/2002/76 (pag.11). 23 Transgender youth may be especially vulnerable to entering into prostitution because of adverse reactions to their gender and sexuality on the part of family and peers that may leave them alone and unsupported. The levels of discrimination experienced by young transgender people when trying to find accommodation, obtain an education, get a job and access health services generally leaves them among the most vulnerable and marginalized young people in society. Report E/CN.4/2004/9 (See Para 123). Also see paras. 118-125. 24 As has been noted, discrimination on the grounds of sexual orientation is impermissible under international human rights law. The legal prohibition of same-sex relations in many countries, in conjunction with a widespread lack of support or protection for sexual minorities against violence and discrimination, impedes the enjoyment of sexual and reproductive health by many people with lesbian, gay, bisexual and transgender identities or conduct. Report E/CN.4/2004/49 (para38). Also see paras 32 and 54. www2.ohchr.org/english/bodies/chr/special/sexualorientation.htm accessed on 1 May 2010. ACJ Report: Human Rights, Sexual Orientation and Gender Identity 13