CONCLUSIONS AND RECOMMENDATIONS The examples of State practice identified in this report results in five broad conclusions. , @ growing number of States, national human rights institutions, local authorities and other stakeholders in all regions are taking steps to implement their obligations and respon: Violence, discrimination and related human righ violations against LGBT and intersex people. Such jes under international human rights law lo address iniiatives are highly varied, with Slates taking different approaches thal are adapted fo their context. Second, while progress is clearly significant, and is evident in all regions in recent years, it is patchy and uneven. There have been an increasing number of initiatives aimed at ‘addressing human rights violations on the basis of sexual orientation, even though many challenges remain in this area. There are fewer iniliatives to protect transgender people from human rights Violations. Only @ handful of States have initiated steps to address human rights violations against intersex people. States that have not already done so should, therefore, take more concerted steps to tackle violence and discrimination against transgender and intersex people, while continuing to address human rights violations against lesbian, gay and bisexual people Third, challenges and gaps are also apparent in several areas. This includes: the limited number of countries establishing protective measures fo combat hate crime cnd hate speech on the basis of sexval orientation, gender identity and sex characteristics; ihe slow pace of legal reform in relation to repealing discriminatory laws; and he broadening or adopting of new discriminatory legislation by a number of countries. Other concerns include the prevalence of abusive requirements for recognition of the gender identity of transgender persons, the situation of trans persons in detention, the limited number of initiatives to combat ill treatment of LGBT and intersex persons in medical settings, and the continued pathelogization in some countries of same-sex allraclion, lransgender identities and intersex bodies. Fourth, data on the effectiveness and impact of State initiatives in this area are scant, and does net generally allow for an evaluation of individual “goed practice”. This suggests that States should place greater emphasis, in parinership with LGBT and intersex organizations, on monitoring the impact and effectiveness of measures being taken to combat violence and discrimination. This is particularly relevant in the context of ensuring that LGBT and intersex persons benefit and are included in efforts to achieve the Sustainable Development Goals, which are centred around the commitment to “leave no one behind”Finally, drawing on the analysis of examples of State practices identified in this report, several general elements of good practice, as well as approaches to address identified gaps and challenges, have emerged with regard to State implementation of its obligations under international human rights Jaw to combat violence and discrimination against LGBT and intersex persons. The following recommendations are based on these elements, and should be read together with recommendations to States and other stakeholders made by United Nations human rights mechanisms and other entities. A. ADOPTING PROTECTIVE LAWS Prohibit discrimination against LGBT and intersex persons: States should put in place or amend existing antidiscrimination legislation to ensure that discrimination on the basis of actual or perceived sexual orientation, gender identity and expression and sex characteristics is legally prohibited in all contexts, including in education, employment, health care, housing, social protection, criminal justice, and in asylum ond detention settings Legislation should cover actions by both State officials and private actors. Hate crime and hate speech legislation: States should enact legislation that prohibits incitement of hatred and violence on the grounds of sexual orientation, gender identity or ‘expression and sex characteristics, and hate crime laws that treat discrimination on these grounds as aggravating factors for purposes of sentencing. Legal administrative process to officially recognize the self.identi cognition of gender identity: Slates should provide a straightforward xd gender identity and name of transgender persons through a simple declaration without such requirements as medical certification or diagnosis, surgery or medical treatment, divorce or sterilization, This process should include the ability to obtain new official documents reflecting seltidentified gender, frst name, gender marker and appearance, State officials should receive training on respectful, nondiscriminatory treatment of transgender persons — even in cases in which they have not obtained legal recognition of their gender identity, particularly when accessing public services, in contac! with law enforcement officials, and in detention. Legislation should allow for recognition of non-binary gender identities, Minors should have access to recognition of their gender identity. Safeguards for minors should not be discriminatory or disproportionate, and should respect the rights enshrined in the Convention on the Rights of the Child Se0, omong olhers the 2011 ond 2015 tepors ofthe High Commissioner io she Human Righis Council and otter docuenls Ise in ennex* Legal recognition of same-sex couples and their children: States should ensure legal recognition and protection of same-sex couples and their children. They should also ensure thal they are not discriminated against by public and private actors in relation to benefits ond entitlements traditionally accorded to different sex couples and their children, including in the context of taxation, pension, inheritance, custody, health care, insurance, child support and parental leave. B. REPEALING DISCRIMINATORY LAWS * Decriminalize consensual same-sex relationships: States should repeal alllegislation that criminalizes private, adult, consensual same-sex sexual conduct and other legislation used to criminalize individuals based on their actual or perceived sexual orientation. * Decriminalize transgender gender expression: States should repeal all legislation that criminalizes ranagender persons based on their gender identity or expression, including laws used to punish cross-dressing and so-called “imitation of the opposite sex” or that place ther limitations on people's right to express their gender identity through dress, speech or mannerisms, or that pre nt access to genderaffirming medical treatment, * Repeal other discriminatory laws: States should review and repeal other laws used to arrest, punish and harass persons on the basis oftheir sexual orientation, gender identity and expression, including by removing ambiguous, vague, undefined and unsound concepts, such as “crimes against nature”, “unnatural offences”, “offences against morality”, “debauchery”, “indecent acts" and “grave scandal", that are applied in a discriminatory manner to LGBT persons. + Repeal so-called “anti-propaganda” laws: Siates should repeal laws that impose discriminatory restriclions on freedom of expression, association and peaceful assembly on the basis of sexval orientation or gender identity, or that place restrictions on the publicotion of or access to information on the basis of references to LGBT persons or sexual orientation, gender identity or expression. This includes restrictions on the access of minors to age- appropriate information about sexual orientation and gender identity or expression. + Moratorium: Pending review of discriminatory laws, States should order an immediate moratorium on the prosecution of LGBT persons on the basis of any such laws.