RESOLUTION FOR PROTECTION AGAINST VIOLENCE AND DISCRIMINATION BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY – UN HRC RESOLUTION – 2016

This resolution was adopted in 2016 by the United Nations Human Rights Council (UNHRC). It underlines UNHRCs mission to reaffirm the Universal Declaration of Human Rights (UDHR) and the Vienna Declaration. In addition, it recalls previous resolutions adopted by the council: resolutions 5/1 and 5/2 on 18 June 2007.

Furthermore, the resolution recognises that rights and freedoms under the UDHR apply to every human being, without any distinction. It deplores acts of violence and discrimination committed against individuals on the basis of their sexual orientation and gender identity (SOGI), across the world.

The resolution also appoints an Independent Expert on protection against sexual violence and discrimination for a period of 3 years to:

  • assess the implementation of existing human rights instruments;
  • raise awareness of violence and discrimination against persons on the basis of their SOGI;
  • identify and address the root cause of such violence and discrimination,
  • engage in dialogue and consult with states and other stakeholders;
  • address the multiple, intersecting and aggravated forms of violence and discrimination faced by persons on the basis of SOGI; and
  • report annually to the UNHRC and the UN General Assembly

Finally, the resolution places responsibility on member states and stakeholders to cooperate with the Independent Expert.

VOTES

The Resolution passed with a similar margin to those of the related Resolutions that previously passed in 2011 and 2014; of the 47 members, 23 voted in favour, 18 voted against and 6 abstained, with the effect that the Independent Expert was to be appointed. The South Asian countries voted similarly with Nepal and Bangladesh declining to vote, Pakistan voting against and India abstaining.

47 members of the HRC, 23 voted in favour of the resolution, 18 voted against, and 6 (including India) abstained from voting.

 

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