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United Nations AA/HRC/RES/32/2

/HRC/RES/32/2

General Assembly Distr.: General


15 July 2016

Original: English

Human Rights Council


Thirty-second session
Agenda item 3

Resolution adopted by the Human Rights Council on 30 June 2016

32/2. Protection against violence and discrimination based on


sexual orientation and gender identity

The Human Rights Council,


Reaffirming the Universal Declaration of Human Rights,
Recalling that the Vienna Declaration and Programme of Action affirms that all
human rights are universal, indivisible and interdependent and interrelated, that the
international community must treat human rights globally in a fair and equal manner, on the
same footing, and with the same emphasis, and that while the significance of national and
regional particularities and various historical, cultural and religious backgrounds must be
borne in mind, it is the duty of States, regardless of their political, economic and cultural
systems, to promote and protect all human rights and fundamental freedoms,
Recalling also General Assembly resolution 60/251 of 15 March 2006, in which the
Assembly stated that the Human Rights Council should be responsible for promoting
universal respect for the protection of all human rights and fundamental freedoms for all,
without distinction of any kind and in a fair and equal manner,
Recalling further Human Rights Council resolutions 17/19 of 17 June 2011 and
27/32 of 26 September 2014,
Stressing the need to maintain joint ownership of the international human rights
agenda and to consider human rights issues in an objective and non-confrontational manner,
Undertaking to support its broad and balanced agenda, and to strengthen the
mechanisms addressing issues of importance, including fighting racism, racial
discrimination, xenophobia and related intolerance in all their forms,
Reiterating the importance of respecting regional, cultural and religious value
systems as well as particularities in considering human rights issues,
Underlining the fundamental importance of respecting relevant domestic debates at
the national level on matters associated with historical, cultural, social and religious
sensitivities,
Deploring the use of external pressure and coercive measures against States,
particularly developing countries, including through the use and threat of use of economic

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sanctions and/or the application of conditionality to official development assistance, with


the aim of influencing the relevant domestic debates and decision-making processes at the
national level,
Concerned by any attempt to undermine the international human rights system by
seeking to impose concepts or notions pertaining to social matters, including private
individual conduct, that fall outside the internationally agreed human rights legal
framework, and taking into account that such attempts constitute an expression of disregard
for the universality of human rights,
Underlining that the present resolution should be implemented while ensuring
respect for the sovereign right of each country as well as its national laws, development
priorities, the various religious and ethical values and cultural backgrounds of its people,
and should also be in full conformity with universally recognized international human
rights,
Recalling Human Rights Council resolutions 5/1 and 5/2 of 18 June 2007,
1. Reaffirms that all human beings are born free and equal in dignity and rights,
and that everyone is entitled to all the rights and freedoms set forth in the Universal
Declaration of Human Rights, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or
other status;
2. Strongly deplores acts of violence and discrimination, in all regions of the
world, committed against individuals because of their sexual orientation or gender identity;
3. Decides to appoint, for a period of three years, an Independent Expert on
protection against violence and discrimination based on sexual orientation and gender
identity, with the following mandate:
(a) To assess the implementation of existing international human rights
instruments with regard to ways to overcome violence and discrimination against persons
on the basis of their sexual orientation or gender identity, while identifying both best
practices and gaps;
(b) To raise awareness of violence and discrimination against persons on the
basis of their sexual orientation or gender identity, and to identify and address the root
causes of violence and discrimination;
(c) To engage in dialogue and to consult with States and other relevant
stakeholders, including United Nations agencies, programmes and funds, regional human
rights mechanisms, national human rights institutions, civil society organizations and
academic institutions;
(d) To work in cooperation with States in order to foster the implementation of
measures that contribute to the protection of all persons against violence and discrimination
based on sexual orientation and gender identity;
(e) To address the multiple, intersecting and aggravated forms of violence and
discrimination faced by persons on the basis of their sexual orientation and gender identity;
(f) To conduct, facilitate and support the provision of advisory services,
technical assistance, capacity-building and international cooperation in support of national
efforts to combat violence and discrimination against persons on the basis of their sexual
orientation or gender identity;
4. Requests the Independent Expert to report annually to the Human Rights
Council, starting from its thirty-fifth session, and to the General Assembly, starting from its
seventy-second session;

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5. Calls upon all States to cooperate with the Independent Expert in the
discharge of the mandate, including by providing all information requested, to give serious
consideration to responding favourably to the requests of the Independent Expert to visit
their countries and to consider implementing the recommendations made in the mandate
holder’s reports;
6. Encourages all relevant stakeholders, including United Nations agencies,
programmes and funds, human rights mechanisms, national human rights institutions,
national independent monitoring frameworks, civil society, the private sector, donors and
development agencies to cooperate fully with the Independent Expert to enable the mandate
holder to fulfil his or her mandate;
7. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide the Independent Expert with all the human, technical and
financial resources necessary for the effective fulfilment of his or her mandate;
8. Decides to remain seized of this issue.
41st meeting
30 June 2016
[Adopted by a recorded vote of 23 to 18, with 6 abstentions. The voting was as follows:
In favour:
Albania, Belgium, Bolivia (Plurinational State of), Cuba, Ecuador, El
Salvador, France, Georgia, Germany, Latvia, Mexico, Mongolia, Netherlands,
Panama, Paraguay, Portugal, Republic of Korea, Slovenia, Switzerland, the
former Yugoslav Republic of Macedonia, United Kingdom of Great Britain
and Northern Ireland, Venezuela (Bolivarian Republic of), Viet Nam
Against:
Algeria, Bangladesh, Burundi, China, Congo, Côte d’Ivoire, Ethiopia,
Indonesia, Kenya, Kyrgyzstan, Maldives, Morocco, Nigeria, Qatar, Russian
Federation, Saudi Arabia, Togo, United Arab Emirates
Abstaining:
Botswana, Ghana, India, Namibia, Philippines, South Africa]

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