2022 Report of the Independent Expert on SOGI: Practices of Exclusion

UNGA 76th ses­sion
15 July 2021

Report A/76/152

Down­load

Source

Analysis of precedential value

The inde­pen­dent Expert on pro­tec­tion against vio­lence and dis­crim­i­na­tion based on sex­ual ori­en­ta­tion and gen­der iden­tity (also known as IE SOGI) is a human right expert man­dated to report and advise on this human right. This man­date was cre­ated by the UN Human Rights Coun­cil in June 2016 to address con­cern at acts of vio­lence and dis­crim­i­na­tion com­mit­ted against indi­vid­u­als because of their sex­ual ori­en­ta­tion or gen­der iden­tity. It was most recently renewed by the Human Rights Coun­cil in June 2022. Vic­tor Madri­gal-Bor­loz is the man­date holder who issued this report. This report con­sti­tutes an author­i­ta­tive source of expert prece­dent for the mean­ing and sig­nif­i­cance of key lan­guage.

Used as precedent

sex characteristics

• “The bio­log­i­cal real­ity of sex char­ac­ter­is­tics must not be con­flated with the social con­struct of gen­der.” (para­graph 16)

reproductive rights, sexual rights

• “Women are tar­gets of dis­crim­i­na­tion and vio­lence around the world, and the recog­ni­tion of their sex­ual and repro­duc­tive rights–that is, their abil­ity to take deci­sions in rela­tion to their bod­ies and sex­u­al­ity–is a pre­req­ui­site for ensur­ing their full enjoy­ment of rights.” (para­graph 20)

bodily autonomy and integrity

• “Nega­tion under­mines bod­ily auton­omy in respect of the abil­ity of LGBT per­sons (and oth­ers) to access the ben­e­fits of fam­ily life.” (para­graph 22)

gender identity and expression

• “There is also strong evi­dence of vio­lence and dis­crim­i­na­tion based on gen­der iden­tity because of nar­ra­tives of exclu­sion under states of excep­tion and in human­i­tar­ian and armed con­flict.” (para­graph 28)

sexual orientation

• “In Myan­mar, United Nations inves­ti­ga­tors con­cluded that trans­gen­der peo­ple of Rohingya eth­nic­ity were tar­geted by author­i­ties with sex­ual vio­lence, report­edly because of their gen­der and sex­ual ori­en­ta­tion, and that the sex­ual vio­lence against trans per­sons amounted to crimes against human­ity of tor­ture, rape, other inhu­mane acts and per­se­cu­tion as part of the wide­spread and sys­tem­atic attack against the Rohingya civil­ian pop­u­la­tion.” (para­graph 29)

gender identity and expression, sexual orientation

• “Anti-gen­der nar­ra­tives cre­ate sig­nif­i­cant risk for the fur­ther­ance of the rights of women and can fos­ter vio­lence and dis­crim­i­na­tion based on sex­ual ori­en­ta­tion and gen­der iden­tity.” (para­graph 41)

• “Gen­der iden­tity and gen­der expres­sion pro­vide actual or per­ceived links to sex­ual ori­en­ta­tion that are often at the ori­gin of stigma and vio­lence, a con­clu­sion which many United Nations and regional human rights mech­a­nisms have also reached.” (para­graph 50)

intersectionality

• “Fur­ther­more, although an inter­sec­tional approach acknowl­edges that indi­vid­u­als can hold mul­ti­ple iden­ti­ties across dif­fer­ent spec­trums, it also acknowl­edges that a per­son’s expe­ri­ences of these iden­ti­ties are inter­con­nected.” (para­graph 50)