28
Towards the Effective Protection of LGBTI Persons Deprived of Liberty
indigenous laws, whether explicit provisions, or the application of
general punitive provisions such as acts against nature, morality,
public decency, vagrancy, sodomy and propaganda laws, do not
criminalise sexual orientation, gender identity and expression, or
establish any form of sanction relating to them;
B Repeal other forms of criminalisation and sanction impacting on ri-
ghts and freedoms on the basis of sexual orientation, gender identity, gender expression or sex characteristics, including the criminalisation of sex work, abortion, unintentional transmission of HIV,
adultery, nuisance, loitering and begging;
C Pending repeal, cease to apply discriminatory laws criminalising or
applying general punitive sanctions on the basis of sexual orientation, gender identity, gender expression or sex characteristics;
D Expunge any convictions and erase any criminal records for past
offences associated with laws arbitrarily criminalising persons on
the basis of sexual orientation, gender identity, gender expression
and sex characteristics;
E Ensure training for the judiciary, law enforcement officers and he-
althcare providers in relation to their human rights obligations regarding sexual orientation, gender identity, gender expression and
sex characteristics;
F Ensure that law enforcement officers and other individuals and
groups are held accountable for any act of violence, intimidation
or abuse based on the criminalisation of sexual orientation, gender
identity, gender expression and sex characteristics;
G Ensure effective access to legal support systems, justice and reme-
dies for those who are affected by criminalisation and penalisation
on grounds of sexual orientation, gender identity, gender expression and sex characteristics;
H Decriminalise body modification procedures and treatments that
are carried out with prior, free and informed consent of the person.”
According to the latest data available21, 72 States still criminalise
21
ILGA, State-Sponsored Homophobia, a World Survey of Sexual Orientation Laws: Criminalisation,
Protection and Recognition, 12th Edition, May 2017, p. 8.
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