Background

Lesbian, gay, bisexual, trans, queer, intersex, and other gender diverse persons (LGBTIQ+) worldwide face a higher risk of violence, including unlawful deaths, as a result of their perceived or actual sexual orientation, sex characteristics, and gender identity. 

In this regard, with a view to furthering the work of former Special Rapporteur, Agnes Callamard, as reported to the 35th session of the Human Rights Council (A/HRC/35/23), regarding the need for a gender-sensitive approach to arbitrary killings, in his upcoming report to the 79th session of the General Assembly, the Special Rapporteur, Dr Morris Tidball-Binz, will focus on killings that may be/ or are the result of a person’s actual or perceived sexual orientation, gender identity, or sex characteristics.

The report will examine unlawful killings of LGBTIQ+ persons, including deaths that may result from State failures to respect, protect and/or fulfil their right to life, and therefore would engage State responsibility. Where LGBTIQ+ persons are being killed or are dying - as a result of their sexual orientation, gender identity, sex characteristics or other prohibited grounds of discrimination - States have a positive obligation to take prompt measures to prevent, investigate, hold accountable, and otherwise remedy those instances, including in order to guarantee non-repetition of such unlawful killings.

Objective

The report is aiming to address the risk of unlawful deaths of LGBTIQ+ persons worldwide with a view to identifying main issues/challenges, emphasizing best practices, and offering evidence-based recommendations for improved protection of their right to life.

Key questions and types of input/comments sought

The Special Rapporteur welcomes information from States, experts, academics, civil society organisations, and other stakeholders and individuals. He is particularly interested in receiving information on existing legal, institutional, political and other mechanisms, arrangements and initiatives aimed at reducing, preventing and ensuring reparations for unlawful killings of LGBTIQ+ persons. Examples include:

• Laws, institutions, policies and practices that may constitute direct breaches of international human rights obligations in relation to the right to life of LGBTIQ+ persons.
• Laws, institutions, policies and practices that govern the investigation and prevention of potentially unlawful deaths of LGBTIQ+ persons, including those likely the result from hate crimes;
• Any changes in laws, policies and practices that may have resulted in the reduction of unlawful deaths of LGBTIQ+ persons;
• Laws, policies and practices against discrimination based on sexual orientation and gender identity, which may reduce unlawful deaths of LGBTIQ+ persons during 2020-2024;
• Any recommendations about laws, institutions, policies and practices that may result in the reduction of unlawful deaths of LGBTIQ+ persons;
• Existing laws, institutions, policies and practices that fail to, or appear to fail, in protecting the right to life of LGBTIQ+ persons; and
• Instances and examples of failures to respect and protect the right to life of LGBTIQ+ persons during 2020-2024.

Treatment of inputs

All submissions will be published on the website of the Special Rapporteur, unless the provider requests confidentiality.