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.

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