44.
Consider engagement in litigation designed to promote the human rights of persons of
diverse sexual orientation or gender identity, including providing information to those
involved in such litigation and, where the mandate allows, taking action as an
intervenor or amicus curiae.
Application of international law
45.
Advocate for the application of the UN Declaration relating to human rights defenders,
including human rights defenders in relation to sexual orientation or gender identity.
46.
Continue to advocate for the ratification or accession to all international human rights
instruments.
47.
Promote the consideration of human rights issues in relation to sexual orientation or
gender identity at the international level, including through inclusion of these issues
where relevant in reports (including shadow reports) to Treaty Bodies, Special
Procedures, the Universal Periodic Review and the Human Rights Council and by
encouraging governments to support serious discussion of these issues in international
human rights forums.
The interpretation and application of religious and traditional laws
and practices
48.
Advocate for an interpretation of religious and traditional law and practices that aligns
with the Yogyakarta Principles. 100
Provision of Services
49.
Advocate that governments ensure transparent and independent police complaint
mechanisms are in place in order to help prevent and remedy instances of police
exceeding their authority in policing of persons of diverse sexual orientation and gender
identity, or involved in harassment, extortion and violence towards such groups.
50.
Advocate for the elimination of stigmatisation and discrimination by social and health
service providers which have been shown to limit the access by persons of diverse
sexual orientation or gender identity to social and health services, including HIV
services.
51.
Advocate for the recognition of the gender identity of choice for transgender individuals,
whether or not they have undertaken sex reassignment surgery. Such individuals
should be accorded the same legal rights as other citizens and equal rights to
passports and other identification documents that recognize the person’s chosen
gender identity. Transgender people should have the right to marry on the basis of their
chosen gender
52.
Advocate for the provision of legal protections for persons of diverse sexual orientation
or gender identity from being subject to treatment without informed consent, including
aversion therapy or other medical interventions that purport to control or alter sexual
100 That is, an interpretation that promotes and reiterates respect for human dignity and rights, and in particular, the right to
privacy and to humane treatment.
ACJ Report: Human Rights, Sexual Orientation and Gender Identity
38