Unlawful deaths of LGBTIQ+ persons resulting from discrimination and hate an affront to human rights: UN expert

NEW YORK – States are failing in their obligation to effectively prevent and investigate killings of lesbian, gay, bisexual, transgender, gender-diverse and intersex (LGBTIQ+) persons and protect them from crimes of prejudice, discrimination and hate, a UN expert warned today. 

“States have a duty to respect and protect the right to life of every individual without discrimination – this is not an option but an obligation and the international community must take urgent action to prevent unlawful deaths of LGBTIQ+ persons worldwide,” said Morris Tidball-Binz, the Special Rapporteur on extrajudicial, summary, or arbitrary executions.

In his report to the 79^th session of the UN General Assembly, the Special Rapporteur warned about existing practices leading to prejudice and violence against LGBTIQ+ persons and identified examples of good legal and practical investigation and protection frameworks from around the world. These frameworks must be used to overcome prejudice, curb discrimination and eliminate hate leading to unlawful deaths of LGBTIQ+ persons and ensure accountability when they occur, the report said.

“Studies show that most cultural and religious traditions around the world have historically accepted gender diversity. This inherent tolerance has been systematically eroded by States’ discriminatory laws and practices, resulting in violence against LGBTIQ+ persons and often causing death in complete impunity,” Tidball-Binz said.

“Protecting LGBTIQ+ persons from such crimes is both a moral imperative and a legal responsibility for governments and societies worldwide,” he said.

“I am encouraged by existing good practices in protecting of LGBTIQ+ persons against discrimination-based violence, promoting accountability, and strengthening capacity of actors within the administration of justice, in many countries around the world, particularly in the Global South, as well as at the UN level, and by regional mechanisms in Europe, Africa and the Americas,” Tidball-Binz said. He recalled the importance of collection and analysis of disaggregated data of discriminatory violence against and unlawful deaths of LGBTIQ+ persons, for informing preventive policies and strategies to help ensure their effective protection.

The report commends efforts underway for developing specialised guidance and helping develop local capacity for investigating unlawful deaths of LGBTIQ+ persons. It recommends adapting the United Nations 2016 Minnesota Protocol on the Investigation of Potentially Unlawful Death to include gender-specific guidance on investigating and preventing killings of LGBTIQ+ persons.