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A
Take all necessary legislative, administrative and other measures
to ensure the rights to peacefully organise, associate, assemble and advocate around issues of sexual orientation and gender
identity, and to obtain legal recognition for such associations and
groups, without discrimination on the basis of sexual orientation
or gender identity;
B
Ensure in particular that notions of public order, public morality,
public health and public security are not employed to restrict any
exercise of the rights to peaceful assembly and association solely
on the basis that it affirms diverse sexual orientations or gender
identities;
C
Under no circumstances impede the exercise of the rights to peaceful assembly and association on grounds relating to sexual
orientation or gender identity, and ensure that adequate police
and other physical protection against violence or harassment is
afforded to persons exercising these rights;
D
Provide training and awareness-raising programmes to law enforcement authorities and other relevant officials to enable them to
provide such protection;
E
Ensure that information disclosure rules for voluntary associations
and groups do not, in practice, have discriminatory effects for such
associations and groups addressing issues of sexual orientation or
gender identity, or for their members. ”
Law enforcement officers must not only refrain from discriminating
against LGBTI people, but also have a positive obligation to adequately protect them from violence and discrimination by others.
During public demonstrations (such as “gay prides”), officers must
ensure that LGBTI persons can fully enjoy their rights to the freedom of peaceful assembly and association. However, evidence
shows that officers sometimes fail to provide adequate protection when LGBTI people are targeted by counter-demonstrators.
Law enforcement officials might even acquiesce, or be complicit
in, such violence, particularly when such gatherings are not authorized by the authorities and/or when they are considered to
be “against public morality.” In some contexts, cultural events or
meetings aiming to raise awareness about HIV may be raided by
Chapter IV
A Monitoring Guide
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