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United Nations 2015 Report LGBTI
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Twenty-ninth session
Agenda items 2 and 8
Annual report of the United Nations High Commissioner
for Human Rights and reports of the Office of the
High Commissioner and the Secretary-General
Follow-up to and implementation of the Vienna
Declaration and Programme of Action
Discrimination and violence against individuals based on
their sexual orientation and gender identity
Report of the Office of the United Nations High Commissioner for
The present report is submitted to the Human Rights Council pursuant to its
resolution 27/32, in which the Council requested the United Nations High Commissioner
for Human Rights to update the report of the Office of the High Commission on violence
and discrimination against individuals based on their sexual orientation and gender identity
(A/HRC/19/41).
GE.15-08842 (E)
Introduction .............................................................................................................
Recent developments ...............................................................................................
Applicable international standards and obligations.................................................
To protect individuals from violence ..............................................................
To prevent torture and ill-treatment ................................................................
To decriminalize homosexuality and to repeal other laws used to punish
individuals on the basis of sexual orientation and gender identity .................
To protect individuals from discrimination on grounds of sexual orientation
and gender identity ..........................................................................................
To protect rights to freedom of expression, association and assembly and to take
part in the conduct of public affairs ................................................................
Homophobic and transphobic violence ...................................................................
Context ............................................................................................................
Killings............................................................................................................
Other violence, including sexual violence ......................................................
Torture and ill-treatment .................................................................................
Positive developments since 2011 ..................................................................
Discrimination .........................................................................................................
Discriminatory laws ........................................................................................
Discriminatory practices .................................................................................
Conclusions and recommendations .........................................................................
States ...............................................................................................................
National human rights institutions ..................................................................
Human Rights Council....................................................................................
In 2011, pursuant to Human Rights Council resolution 17/19, the United Nations
High Commissioner for Human Rights submitted a report to the Council in which she
described a pattern of discrimination and violence directed at people in all regions on the
basis of their sexual orientation and gender identity.1 Almost three years on, in its resolution
27/32, the Council requested the High Commissioner to update the above-mentioned report
with a view to sharing good practices and ways to overcome violence and discrimination, in
application of existing international human rights law and standards.
The present report draws on recent findings of United Nations human rights bodies,
regional organizations and non-governmental organizations, and information submitted by
Governments, including 28 replies to a note verbale addressed to Member States on 29
December 2014.2
In recent years, Governments in all regions have pursued a variety of initiatives
aimed at reducing levels of violence and discrimination based on sexual orientation and
gender identity. For example, since 2011, 14 States have adopted or strengthened antidiscrimination and hate crime laws, extending protection on grounds of sexual orientation
and/or gender identity and, in two cases, also introducing legal protections for intersex
persons. Three States have abolished criminal sanctions for homosexuality; 12 have
introduced marriage or civil unions for same-sex couples nationally; and 10 have
introduced reforms that, to varying degrees, make it easier for transgender persons to obtain
legal recognition of their gender identity.
In dozens of countries, police, judges, prison guards, medical staff and teachers are
receiving gender and sexuality sensitivity training, anti-bullying programmes have been
launched in schools, and shelters have been built to house homeless lesbian, gay, bisexual
and transgender (LGBT) youth. Popular television programmes have integrated LGBT
characters in a positive way and celebrities have helped to raise awareness by coming out
as LGBT persons themselves or speaking out in support of members of the LGBT
community. In all regions, LGBT and intersex3 human rights defenders are more vocal and
visible in several cases successfully challenging in the courts attempts by authorities to
restrict their legitimate activities.
While these advances are welcome, they are overshadowed by continuing, serious
and widespread human rights violations perpetrated, too often with impunity, against
individuals based on their sexual orientation and gender identity. Since 2011, hundreds of
people have been killed and thousands more injured in brutal, violent attacks some of
which are chronicled below. Other documented violations include torture, arbitrary
detention, denial of rights to assembly and expression, and discrimination in health care,
A/HRC/19/41.
Replies are available on the website of the Office of the High Commissioner at
www.ohchr.org/EN/Issues/Discrimination/Pages/SOGIHRC29Replies.aspx.
While LGBT is used in the present report, other terms are used in different regions. References are
also included to violations against intersex persons, who may have any sexual orientation or gender
identity. United Nations human rights mechanisms have repeatedly addressed such violations together
with those directed at LGBT persons.
education, employment and housing. These and related abuses warrant a concerted response
from Governments, legislatures, regional organizations, national human rights institutions
and civil society, as well as from United Nations bodies the Human Rights Council
Concerns regarding the extent and gravity of violence and discrimination against
LGBT and intersex persons have been raised repeatedly by United Nations human rights
treaty bodies and special procedures. In recent years, the Office of the High Commissioner
(OHCHR) has published a range of guidance and public information materials including
factsheets, booklets and short videos and has sought to engage States in a constructive
dialogue on ways to better protect the rights of LGBT and intersex persons. In July 2013,
the High Commissioner launched UN Free & Equal (www.unfe.org), a global education
campaign to combat homophobia and transphobia that has so far reached more than a
billion people around the world through events and via traditional and social media.
The rights of LGBT persons have also been a focus of work going on across the
wider United Nations system. In his message to the Oslo Conference on Human Rights,
Sexual Orientation and Gender Identity, the Secretary-General described the fight against
homophobia and transphobia as one of the great, neglected human rights challenges of our
time and pledged to work for an end to criminalization and for action to tackle violence
and prejudice. United Nations agencies are increasingly integrating issues of sexual
orientation and gender identity into their programmatic work, including in the areas of
development, education, labour rights, child rights, gender equality, refugee protection,
HIV and public health.4
Human rights, sexual orientation and gender identity have also been addressed by
regional organizations in Africa, the Americas and Europe. In 2014, the African
Commission on Human and Peoples Rights passed a resolution in which it condemned
violence and other human rights violations based on real or imputed sexual orientation and
gender identity; the Organization of American States approved its seventh resolution on
human rights, sexual orientation and gender identity, having in 2013 adopted the
Convention against all forms of Discrimination and Intolerance, which addresses these
issues; the Inter-American Commission on Human Rights established the mandate of
Rapporteur on the rights of LGBT and intersex persons, having established a dedicated unit
in 2011; the European Union adopted guidelines on the promotion and protection of human
rights of LGBT and intersex persons, and both the European Parliament and the
Parliamentary Assembly of the Council of Europe adopted resolutions on the subject; and
the European Court of Human Rights and the Inter-American Court of Human Rights
issued several judgements affirming the rights of LGBT persons to equal treatment and
protection under the law.
Applicable international standards and obligations
Application of international human rights law is guided by the fundamental
principles of universality, equality and non-discrimination. All human beings, irrespective
of their sexual orientation and gender identity, are entitled to enjoy the protection of
international human rights law with respect to the rights to life, security of person and
privacy, to freedom from torture and ill-treatment, discrimination and arbitrary arrest and
See The Role of the United Nations in Combatting Discrimination and Violence against Individuals
Based on Sexual Orientation and Gender Identity, OHCHR, 2014.
detention, and to freedom of expression, association and peaceful assembly, and all other
civil, political, economic, social and cultural rights.
States have well-established obligations to respect, protect and fulfil the human
rights of all persons within their jurisdiction, including LGBT and intersex persons. These
obligations extend to refraining from interference in the enjoyment of rights, preventing
abuses by third parties and proactively tackling barriers to the enjoyment of human rights,
including, in the present context, discriminatory attitudes and practices. Specific related
obligations are elaborated below, building on analysis in the previous report
(A/HRC/19/41) and evolving work of United Nations human rights mechanisms.
To protect individuals from violence
States have an obligation to exercise due diligence to prevent, investigate, punish
and redress deprivation of life and other acts of violence. United Nations mechanisms have
called upon States to fulfil this obligation by taking legislative and other measures to
prohibit, investigate and prosecute all acts of targeted, hate-motivated violence and
incitement to violence directed at LGBT and intersex persons, and to provide remedy to
victims and protection against reprisals.5 They have called for State officials to publically
condemn such acts, and to record statistics on such crimes and the outcomes of
investigations, prosecutions and remedial measures.6 The application of the death penalty
on the basis of sexual orientation and gender identity violates fundamental State obligations
to protect the rights to life, privacy, equality before the law and freedom from
discrimination.7
States also have an obligation not to return refugees to places where life or freedom
would be threatened on account of actual or perceived sexual orientation and gender
identity.8
To prevent torture and ill-treatment
States have an obligation to protect all persons, including LGBT and intersex
persons, from torture and other cruel, inhuman or degrading treatment or punishment in
custodial, medical and other settings. This obligation extends to prohibiting, preventing,
investigating and providing redress for torture and ill-treatment in all contexts of State
control, including by ensuring that such acts are offences under domestic criminal law.9
State responsibility is engaged if public officials, including prison and police officers,
directly commit, instigate, incite, encourage, acquiesce in or otherwise participate or are
complicit in such acts, as well as if officials fail to prevent, investigate, prosecute and
punish such acts by public or private actors.10
The medical practices condemned by United Nations mechanisms in this context
include so-called conversion therapy, forced genital and anal examinations, forced and
See CCPR/C/KGZ/CO/2, para. 9, A/HRC/20/22/Add.2, paras. 5, 55, 76, CCPR/C/MWI/CO/1/Add.1,
para. 10.
See CCPR/C/MWI/CO/1, para. 7, A/HRC/26/30/Add.3, para. 88.
See CCPR/C/MRT/CO/1, para. 8, A/67/275, paras. 36-38.
See also UNHCR, Guidelines on international protection No. 9, HCR/GIP/12/09, 23 October 2012;
CCPR/C/108/D/2149/2012.
See CAT/C/GC/3, para. 39.
See CAT/C/GC/2, paras. 15-19.
otherwise involuntary sterilization and medically unnecessary surgery and treatment
performed on intersex children.11
individuals on the basis of sexual orientation and gender identity
States have an obligation to protect the rights to privacy, liberty and security of the
person, including the right not to be subjected to arbitrary arrest and detention. United
Nations mechanisms have called upon States to fulfil these obligations by repealing laws
used to punish individuals based on their sexual orientation and gender identity, including
laws criminalizing homosexuality and cross-dressing, and have rejected attempts to justify
such laws on grounds of the protection of public health or morals.12 States must refrain
from arresting or detaining persons on discriminatory grounds, including sexual orientation
and gender identity.13
To protect individuals from discrimination on grounds of sexual
orientation and gender identity
The protection of rights to equality before the law, equal protection of the law and
freedom from discrimination is a fundamental obligation of States under international law,
and requires States to prohibit and prevent discrimination in private and public spheres, and
to diminish conditions and attitudes that cause or perpetuate such discrimination.14 To this
end, States should enact comprehensive anti-discrimination legislation that includes sexual
orientation and gender identity among protected grounds.15 States should review and repeal
discriminatory laws and address discrimination against LGBT and intersex persons,
including in the enjoyment of the rights to health, education, work, water, adequate housing
and social security.16
States also have obligations to address discrimination against children and young
persons who identify or are perceived as LGBT or intersex. This includes harassment,
bullying in schools, lack of access to health information and services, and coercive medical
treatment.17 United Nations mechanisms have called upon States to legally recognize
transgender persons preferred gender, without abusive requirements, including
sterilization, forced medical treatment or divorce.18 They have called upon States to develop
education campaigns and train public officials to combat stigma and discriminatory
attitudes, to provide victims of discrimination with effective and appropriate remedies, and
See A/HRC/22/53, paras. 76-79, 88, CRC/C/CHE/CO/2-4, paras. 42-43, CAT/C/DEU/CO/5, para. 20.
See CCPR/C/50/D/488/1992, paras. 8.3-10, E/C.12/IRN/CO/2, para. 7, CEDAW/C/UGA/CO/7,
paras. 43-44, CRC/C/GAM/CO/2-3, paras. 29-30, A/HRC/14/20 paras. 17-26, CCPR/C/KWT/CO/2,
See CCPR/C/GC/35, paras. 3, 17, A/HRC/4/40/Add.1, opinion 22/2006, para. 19; A/HRC/22/44,
See CCPR/C/PER/CO/5, para. 8, E/C.12/GC/20, paras. 7-11, CEDAW/C/GC/28, para. 18.
See E/C.12/GC/20, para. 32 and, 39, CEDAW/C/CRI/CO/5-6, para. 40, CRC/C/AUS/CO/4, paras.
29-30, CRC/C/CHE/CO/2-4, para. 25.
See E/C.12/GC/20, para. 11, 27 and 32, E/C.12/IDN/CO/1, para. 6, CRC/C/IRQ/CO/2-4, paras. 1920.
See CRC/C/RUS/CO/4-5, paras. 24-25, 55-56, 59-60, CRC/C/GC/15, paras. 8, 31, 60.
See CCPR/C/IRL/CO/3, para. 8, CCPR/C/IRL/CO/4, para. 7, CCPR/C/UKR/CO/7, para. 10,
CEDAW/C/NLD/CO/5, paras. 46-47.
to ensure that perpetrators face administrative, civil or criminal responsibility, as
appropriate.19 States should also provide legal recognition and protection to same-sex
couples20 and protect the rights of their children, without discrimination.21
To protect rights to freedom of expression, association and assembly
and to take part in the conduct of public affairs
States have obligations to protect rights to freedom of thought and expression,
association and peaceful assembly without discrimination on the grounds of sexual
orientation or gender identity. To that end, they should review and repeal discriminatory
provisions in domestic legislation that have a disproportionate impact on the exercise of
these rights by LGBT persons and others advocating for their rights. States should refrain
from directly interfering with these rights and protect LGBT persons exercising these rights
from attacks and reprisals through preventive measures and by investigating attacks,
prosecuting perpetrators and ensuring remedy for victims.22
States must protect the right to take part in the conduct of public affairs, without
discrimination, and ensure that LGBT and intersex persons and organizations defending
their rights are consulted with regard to legislation and policies that affect their rights.23
States should take measures to empower LGBT and intersex persons, and to facilitate their
participation in economic, social and political life.24
Homophobic and transphobic violence25
Due diligence requires States to ensure the protection of those at particular risk of
violence including, in the present context, those targeted because of their sexual
orientation and gender identity.
United Nations human rights mechanisms continue to receive reports of homophobic
and transphobic violence committed in all regions. Such violence may be physical
(including murder, beatings, kidnapping and sexual assault) or psychological (including
threats, coercion and the arbitrary deprivation of liberty, including forced psychiatric
incarceration). These attacks constitute a form of gender-based violence, driven by a desire
to punish individuals whose appearance or behaviour appears to challenge gender
stereotypes.
In addition to street violence and other spontaneous attacks in public settings,
those perceived as LGBT remain targets of organized abuse, including by religious
See CCPR/C/ALB/CO/2, para. 8, CRC/C/TZA/CO/3-5, paras. 55-56, CAT/C/RUS/CO/5, para. 15,
CEDAW/C/CRI/CO/5-6, para. 41, CCPR/C/UKR/CO/7, para. 8, CCPR/C/21/Rev.1/Add.13.
See E/C.12/BGR/CO/4-5, para. 17, E/C.12/SVK/CO/2, para. 10, CCPR/C/JPN/CO/5, para. 29.
See CRC/C/GC/15, para. 8.
See CCPR/C/GC/34, para. 26, CCPR/C/GEO/CO/4, para. 8, A/HRC/25/55/Add.3, para. 364,
See A/HRC/23/36/Add.2, para. 97, CEDAW/C/DEU/CO/6, para. 61, CCPR/C/IRL/CO/4, para. 7.
See A/69/365, paras. 24, 76, 87-91, A/HRC/26/39/Add.2, para. 110(a).
See also A/HRC/19/41, paras. 20-39.
extremists, paramilitary groups and extreme nationalists.26 LGBT and gender nonconforming youth are at risk of family and community violence. Lesbians and transgender
women are at particular risk because of gender inequality and power relations within
families and wider society.27
Violence motivated by homophobia and transphobia is often particularly brutal, and
in some instances characterized by levels of cruelty exceeding that of other hate crimes.28
Violent acts include deep knife cuts, anal rape and genital mutilation, as well as stoning and
dismemberment.29
United Nations experts have condemned the persistence of impunity for these
violations and repeatedly called for investigation, prosecution and punishment, and
reparations for victims.30 Reported shortcomings include ineffective police action, failure to
register cases, loss of documents, inappropriate classification of acts, including physical
assault as a minor offence, and investigations guided by stereotypes and prejudices.31
In most countries, the absence of effective systems for recording and reporting hatemotivated violence, or hate crimes, against LGBT persons masks the true extent of
violence. Where they exist, official statistics tend to understate the number of incidents.32
Victims are often reluctant to report their experiences for fear of extortion, breach of
confidentiality or reprisals. In addition, prejudicial and inexact categorization of cases
results in misidentification, concealment and underreporting.33 Failure to investigate,
prosecute and punish violations when reported also contributes to incomplete assessments
of the scale of violence.34
Hate-motivated killings of LGBT individuals have been documented in all regions.
The Special Rapporteur on extrajudicial, summary or arbitrary executions has noted
grotesque homicides perpetrated with broad impunity, allegedly at times with the
complicity of investigative authorities (A/HRC/26/36/Add.1, para. 85). Treaty bodies,
special procedures and United Nations agencies continue to express alarm at such killings
and related patterns of violence, including the murder of transsexual women in Uruguay35
and of Black lesbian women in South Africa.36 In an assault in Chile, a gay man was beaten
and killed by neo-Nazis, who burned him with cigarettes and carved swastikas into his
body.37
See A/HRC/26/50, paras. 10, 14-15, A/HRC/28/66, para. 11.
See A/HRC/26/38/Add.1, para. 19.
See A/HRC/20/16, paras. 71-72, and An Overview of Violence against LGBTI Persons, annex
press release 153/14, Inter-American Commission on Human Rights (IACHR), 2014, p. 3.
See A/HRC/26/36/Add.1, paras. 85-87.
See CCPR/C/BOL/CO/3, para. 7, A/HRC/26/36/Add.1, paras. 85-88, CAT/C/GC/3, paras. 8, 32.
See A/HRC/23/49/Add.4, para. 23, A/HRC/26/36/Add.1, para. 86.
See CCPR/C/URY/CO/5, para. 12, A/HRC/20/16, para. 71.
See A/HRC/20/16, paras. 18, 71.
See CCPR/C/GTM/CO/3, para. 11, CCPR/C/DOM/CO/5. The IACHR notes a major
underreporting of acts of violence against lesbians (see footnote 28, p. 4).
CCPR/C/URY/CO/5, para. 12.
See A/HRC/20/16, paras. 55, 73, CERD/C/GC/34, para. 23.
OHCHR, briefing note on Chile, 30 March 2012.
Data are patchy but, wherever available, suggest alarmingly high rates of homicidal
violence. In Brazil, one of relatively few countries where the Government publishes an
annual report on homophobic violence, the authorities documented 310 murders in 2012 in
which homophobia or transphobia was a motive.38 The Inter-American Commission on
Human Rights reported 594 hate-related killings of LGBT persons in the 25 States
members of the Organization of American States between January 2013 and March 2014.39
In its resolution 275, the African Commission on Human and Peoples Rights condemned
increasing violence and other human rights violations based on imputed or real sexual
orientation or gender identity. The European Parliament (resolution 2013/2183(INI) and the
Council of Europe (resolution 1948 (2013) have also regularly expressed their concerns.
Reporting from non-governmental organizations underscores the prevalence of fatal
violence. The Trans Murder Monitoring project, which collects reports of homicides of
transgender persons in all regions, lists 1,612 murders in 62 countries between 2008 and
2014, equivalent to a killing every two days.40 The National Coalition of Anti-Violence
Programs in the United States of America reported 18 hate violence homicides and 2,001
incidents of anti-LGBT violence in the United States in 2013.41
Terrorist groups may target LGBT persons for punishment, including killings.42 In
February 2015, photos appeared to show several men, allegedly accused of homosexual
acts, being pushed off a tower to their deaths by militants of the so-called Islamic State in
Iraq and the Levant (ISIL).43
LGBT persons have also been victims of so-called honour killings, carried out
against those seen by family or community members to have brought shame on a family,
often for transgressing gender norms or for sexual behaviour, including actual or assumed
homosexual conduct.44
Other violence, including sexual violence
United Nations experts continue to express their alarm at non-lethal violence
directed at individuals on the grounds of their sexual orientation or gender identity.
Examples include cases of gay men who have been kidnapped, beaten and humiliated, with
film clips of their abuse shared on social media,45 and of lesbians assaulted and raped
because of their sexual orientation.46 In the Syrian Arab Republic, there have been reports
of rape and torture of men assumed to be gay perpetrated by security agents and by nonState armed groups.47 Concerns have also been expressed about the risk to human rights
Second report on homophobic violence in Brazil (2012), Department of Human Rights, June 2013
(available at www.sdh.gov.br/noticias/2013/junho/numero-de-denuncias-de-violencia-homofobicacresceu-166-em-2012-diz-relatorio).
IACHR (see footnote 28), p. 1.
Trans Murder Monitoring results update, November 2014 (available at http://tgeu.org/tmm/).
Lesbian, Gay, Bisexual, Transgender, Queer and HIV-Affected Hate Violence in 2013, National
Coalition of Anti-Violence Programs, New York, 2014 (available at http://avp.org/resources/avpresources/315).
See CRC/C/IRQ/CO/2-4, paras. 27-28.
OHCHR, press briefing notes on ISIL/Iraq, 20 January 2015.
A/HRC/26/50, para. 14.
See CEDAW/C/GUY/CO/7-8, para. 22, A/HRC/20/16, paras. 55, 71, 73, 76.
A/HRC/25/65, para. 67-71. Oral update of the Independent International Commission of Inquiry on
the Syrian Arab Republic, 18 March 2014.
defenders working to uphold the rights of LGBT persons, some of whom have been
subjected to violence, threats and verbal denigration.48
In the United States, recent government figures show that the number of biasmotivated incidents based on sexual orientation ranks second only to racist incidents among
single-bias hate crimes.49 A Europe-wide survey of 93,000 LGBT persons conducted in
2013 for the European Union Agency for Fundamental Rights found that a quarter of all
respondents had been attacked or threatened with violence in the previous five years.50 A
survey conducted in 2012 by the non-governmental organization Stonewall in the United
Kingdom of Great Britain and Northern Ireland found that one in six LGBT respondents
had experienced a hate crime or incident in the previous three years; of those, 75 per cent
had not reported the experience to the police.51
Treaty bodies and special procedures continue to express concern at rhetoric used to
incite homophobic and transphobic hatred and related violence.52 Such language is used by
some political and community leaders to promote negative stereotypes, stir up prejudice
and harass particular individuals, especially during electoral periods. The High
Commissioner has expressed concern at inflammatory rhetoric used in Belarus, the Gambia
and Honduras.53 The Committee on the Rights of the Child has criticized statements by the
Holy See as contributing to the stigmatization of, and violence against, LGBT adolescents
and children raised by same-sex couples,54 and about the negative impact of hate speech on
LGBT and intersex adults and children in Switzerland.55
Torture and ill-treatment
The Committee against Torture and the Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment have continued to express concerns at
the torture and ill-treatment of LGBT persons in detention by or with the acquiescence of
State officials.56
Reported cases include the arrest, beating and ill-treatment by police in Zimbabwe
of 44 members of an LGBT organization.57 Sixteen gay and transgender individuals in the
United States were allegedly subjected to solitary confinement, torture and ill-treatment,
including sexual assault, while in detention in immigration facilities.58 A woman was
reportedly arrested in Bangladesh for being a lesbian, and subsequently beaten and raped by
police while in custody.59 In Egypt, four people arrested on the basis of their alleged sexual
See A/HRC/25/55/Add.3, paras. 433-435, 480-482.
Uniform Crime Reports, 2013 Hate Crime Statistics, U.S. Department of Justice, 2014 (available at
www.fbi.gov/about-us/cjis/ucr/hate-crime/2013).
EU LGBT Survey: Results at a Glance, European Union Agency for Fundamental Rights, 2013, p. 7.
Homophobic Hate Crime: the Gay British Crime Survey 2013, Stonewall, 2013, pp. 116-117.
See CCPR/C/UKR/CO/7, para. 10, A/67/357, para.75; see also European Court of Human Rights,
application 1813/07, 9 May /2012.
Navi Pillay, Prejudice fuels the denial of rights for LGBT people, Jakarta Post, 30 April 2014. See
A/HRC/22/47/Add.1, para. 91.
CRC/C/VAT/CO/2, para. 25.
CRC/C/CHE/CO/2-4, para. 24.
See A/HRC/19/61/Add.4, paras. 168, 172, CAT/C/KGZ/CO/2, para. 19.
A/HRC/22/53/Add.4, para. 162.
Ibid., para. 178.
See CCPR/C/108/D/2149/2012), para. 2.2.
orientation and/or gender identity reportedly faced sexual assault by other inmates while in
detention.60
The Special Rapporteur on violence against women, its causes and consequences has
highlighted similar cases, noting that those with a non-heterosexual orientation, or whose
gender expression did not fall into exact categories of female and male, were vulnerable to
targeted abuse both by staff and by other prisoners. She expressed concern about lesbian
women being placed in cells with men if they refused the sexual advances of prison staff.
Female prisoners whom guards viewed as masculine in appearance were subjected to
harassment, physical abuse and forced feminization. Transgender prisoners face
particularly harsh circumstances. In one case, in Guatemala, a transgender woman was
allegedly raped more than 80 times while in detention.61
Some States continue to subject men suspected of homosexual conduct to anal
examinations in order to prove their homosexuality. Such examinations have been
described as medically worthless and condemned by the Committee against Torture, the
Special Rapporteur on torture and the Working Group on Arbitrary Detention; all have held
that the practice contravenes the prohibition on torture and ill-treatment.62
Other medical procedures that can, when forced or otherwise involuntary, breach the
prohibition on torture and ill-treatment include conversion therapy, sterilization, gender
reassignment, and unnecessary medical interventions involving intersex children (see paras.
14 above and 52, 53 and 70 below).
Positive developments since 2011
States have adopted a range of measures with a view to addressing homophobic and
transphobic violence, including some highlighted in responses to the note verbale soliciting
inputs for the present report. New or strengthened anti-hate crime laws have been enacted
in several States, including Albania, Chile, Finland, Georgia, Greece, Honduras, Malta,
Montenegro, Portugal and Serbia. Such laws can play an important role in facilitating the
prosecution and punishment of perpetrators of hate-motivated violence and in establishing
homophobia and transphobia as aggravating factors for the purposes of sentencing.
Other notable initiatives include the establishment of specialized hate crime
prosecution units (Brazil, Honduras, Mexico, Spain), and an interagency working group on
urgent cases (Colombia); improved police training and sensitization (Canada, Denmark,
France, Montenegro, Philippines) and new policing guidelines (Spain, United Kingdom);
national hotlines to report homophobic incidents (Brazil, Netherlands) and surveys to
improve hate-crime data collection (Belgium (Flanders), Canada); a national task force on
gender- and sexual orientation-based violence (South Africa); policies and protocols for
ensuring the dignity and safety of transgender prisoners (Brazil, Canada); training materials
on the rights of LGBT prisoners (Ecuador); and investigations by the human rights
commission of allegations of torture and ill-treatment of LGBT and intersex detainees
(Nepal).
A/HRC/27/72, EGY 4/2014.
A/68/340, paras. 58, 59, 63.
A/HRC/22/53, paras. 76, 79.
Discrimination63
The Human Rights Committee and the Committee on Economic, Social and Cultural
Rights have repeatedly urged States to tackle both direct and indirect discrimination against
all persons, including LGBT and intersex persons.64 States have an obligation to ensure that
laws, policies and programmes executed by State authorities do not discriminate against
individuals. They also have an obligation to address discriminatory practices, including by
private actors, and to take action to prevent, diminish and eliminate the conditions and
attitudes that contribute to substantive or de facto discrimination.
Discrimination against LGBT individuals is often exacerbated by other identity
factors, such as sex, ethnicity, age and religion, and socioeconomic factors, such as poverty
and armed conflict.65 The impact of such multiple forms of discrimination may be felt at an
individual level and a societal one, as LGBT persons, deprived of access to such basic
rights as employment, health, education and housing find themselves in poverty, cut off
from economic opportunity.66 Studies undertaken in several countries suggest that rates of
poverty, homelessness and food insecurity are higher among LGBT individuals than in the
wider community.67 The World Bank has documented the negative impact of homophobia
on economic growth and development.68
Laws criminalizing homosexuality and other laws used to penalize individuals because
of sexual orientation or gender identity
States that criminalize consensual homosexual acts are in breach of international
human rights law since these laws, by their mere existence, violate the rights to privacy and
non-discrimination. Arrests and the detention of individuals on charges relating to sexual
orientation and gender identity including offences not directly related to sexual conduct,
such as those pertaining to physical appearance or so-called public scandal are
discriminatory and arbitrary.69 Since its landmark decision in Toonen v. Australia
(communication No. 488/1992) in 1994, the Human Rights Committee and other
mechanisms have repeatedly urged States to reform laws criminalizing consensual samesex conduct, and welcomed their repeal.
At least 76 States retain laws that are used to criminalize and harass people on the
basis of sexual orientation and gender identity or expression, including laws criminalizing
See E/C.12/GC/20, paras. 7-11, CCPR/C/PER/CO/5, para. 8.
See CRC/C/GC/15, para. 8, A/HRC/20/16, paras. 17, 23-27, A/HRC/26/50, para. 15,
CEDAW/C/GC/28, para. 18.
See A/HRC/27/55, paras. 64-66, E/C.12/PER/CO/2-4, para. 5.
See Lucas Paoli Itaborahy, LGBT people living in poverty in Rio de Janeiro (London, Micro
Rainbow, 2014); and Gary J. Gates, Food Insecurity and SNAP (Food Stamps) Participation in
LGBT Communities, Williams Institute, February 2014.
M.V. Lee Badgett, The economic cost of stigma and the exclusion of LGBT People: a case study of
India, World Bank Group, 2014.
See CCPR/C/BLZ/CO/1, para. 13, CCPR/C/PHL/CO/4, para. 10, CCPR/C/SLV/CO/6, para. 3(c).
consensual, adult same-sex relationships.70 Sometimes inherited as colonial-era legislation,
these laws typically prohibit certain types of sexual activity or any intimacy between
persons of the same sex. Cross-dressing or imitating the opposite sex is also sometimes
penalized.71 Wording often refers to vague and undefined concepts, such as crimes against
the order of nature or morality, debauchery, indecent acts or grave scandal.72
Penalties include lashings, life imprisonment and the death penalty.
Human rights mechanisms continue to emphasize links between criminalization and
homophobic and transphobic hate crimes, police abuse, torture, family and community
violence and stigmatization, as well as the constraints that criminalization put on the work
of human rights defenders.73 The Special Rapporteur on freedom of religion or belief has
noted that these laws may give a pretext to vigilante groups and other perpetrators of hatred
for intimidating people and committing acts of violence.74
In the Islamic Republic of Iran, Mauritania, Saudi Arabia, the Sudan and Yemen,
and in parts of Nigeria and Somalia, the death penalty may be applied in cases of
consensual homosexual conduct. Death is also the prescribed punishment for
homosexuality in the revised penal code of Brunei, although relevant provisions have yet to
take effect.
The application of the death penalty in this context represents a grave violation of
human rights, including the rights to life, privacy and non-discrimination. The Human
Rights Committee and the Committee on Economic, Social and Cultural Rights have
repeatedly expressed concern about death sentences for consensual adult sexual conduct.75
The Special Rapporteur on extrajudicial, summary or arbitrary executions has reiterated
that death sentences may only be imposed for the most serious crimes and that offences
related to homosexual conduct and sexual relations between consenting adults do not meet
that threshold.76
Anti-propaganda laws
In the past two years, laws have been enacted or proposed in several States that seek
to restrict public discussion of sexual orientation under the guise of protecting minors
from information on so-called non-traditional sexual relations.77 These laws, sometimes
called anti-propaganda laws, are often vaguely worded and arbitrarily restrict the rights to
freedom of expression and assembly. They also contribute to ongoing persecution of
members of the LGBT community, including young persons who identify or are perceived
as LGBT.78 The Special procedures mandate holders on human rights defenders, on
freedom of opinion and expression and on freedom of peaceful assembly and of association
Lucas Paoli Itaborahy and Jingshu Zhu, State-sponsored Homophobia, International Lesbian, Gay,
Bisexual, Transgender and Intersex Association (ILGA), Brussels, 2014), p. 21. Mozambique and
Palau have decriminalized homosexuality since the publication of the report.
See CCPR/C/KWT/CO/2, para. 30.
See CCPR/C/PHL/CO/4, para. 10, CCPR/C/ETH/CO/1, para. 12.
See A/HRC/26/29, para. 27, CCPR/C/SLE/CO/1, para. 11.
See CCPR/C/YEM/CO/5, para. 13, E/C.12/IRN/CO/2, para. 7.
See A/67/275, paras. 36-38, A/HRC/27/23, para. 28.
See CEDAW/C/KGZ/CO/4, para. 9.
See CCPR/C/106/D/1932/2010, para. 10.8, CCPR/C/LTU/CO/3, para. 8.
have expressed concerns in this context about developments in Kyrgyzstan, Nigeria, the
Republic of Moldova, the Russian Federation, Uganda and Ukraine.79
In some cases, these laws have been accompanied by bans on non-governmental
organizations receiving funding from abroad, allegedly in order to curb the influence of
foreign agents.80 Such measures put defenders at risk of arrest, violence and
discrimination, and can threaten rights relating to, inter alia, health, education, cultural
expression and information.81
Discriminatory practices82
Laws criminalizing homosexuality and the discriminatory policies, practices and
attitudes of health-care institutions and personnel adversely affect the quality of health
services,83 deter individuals from seeking services,84 and may lead to the denial of care or to
an absence of services that respond to the specific health needs of LGBT and intersex
persons.85
The negative health impact of laws criminalizing homosexuality has been widely
acknowledged, including by the World Health Organization (WHO), the United Nations
Development Programme (UNDP), the Joint United Nations Programme on HIV/AIDS
(UNAIDS), the treaty bodies and the special procedures of the Human Rights Council.86
The Global Commission on HIV and the Law found, for instance, that in Caribbean
countries with laws that criminalize homosexuality, almost one in four men who have sex
with men is HIV positive; the equivalent figure in Caribbean countries with no such laws is
one in 15.87
There is mounting concern about so-called conversion therapies intended to
cure homosexual attraction. Such therapies have been found to be unethical, unscientific
and ineffective and, in some instances, tantamount to torture leading to successful legal
challenges and bans in several countries.88 In Ecuador, concerns have been raised about
See A/HRC/23/51, UKR 3/2012; A/HRC/25/74, MDA 4/2013; RUS 3/2013, RUS 4/2013;
A/HRC/26/21, NGA 1/2014, UGA 1/2014, UGA 1/2013; A/HRC/27/72, KGZ/1/2014.
A/HRC/25/74, RUS 3/2013.
See A/66/203, paras. 17-18, A/69/307, paras. 84-89.
See CCPR/C/TUR/CO/1, para. 10, CEDAW/C/NOR/CO/8, paras. 33-34.
See CCPR/C/JAM/CO/3, paras. 8- 9, A/HRC/14/20, paras. 20-23. See also UN Free & Equal
factsheet, Criminalization (available at www.unfe.org/en/fact-sheets).
See A/64/272, para. 46.
See Secretary-General, in observance message, equates fight against homophobia with struggle to
eliminate racism, promote gender equality, press release, 16 May 2013; E/C.12/JAM/CO/3-4, para.
28; and Risks, Rights and Health, Global Commission on HIV and the Law, UNDP, 2012, in
particular pp. 44-54.
Ibid., p. 45.
See A/HRC/22/53, para. 88; Sharon Bernstein, Supreme Court won't intervene in California ban on
gay-conversion therapy, Reuters, 1 July 2014; and Ed Adamczyk, Beijing court rules gayconversion clinic treatments illegal, UPI, 19 December 2014.
rehabilitation clinics where lesbians and transgender youths have been forcibly detained
with the collusion of family members and subjected to torture, including sexual abuse.89
Many intersex children, born with atypical sex characteristics, are subjected to
medically unnecessary surgery and treatment in an attempt to force their physical
appearance to align with binary sex stereotypes. Such procedures are typically irreversible
and can cause severe, long-term physical and psychological suffering. Those to have called
for an end to the practice include the Committee on the Rights of the Child, the Committee
against Torture, the special procedures mandate holders on the right to health and on
torture.90
Transgender persons often face particular difficulties in their access to appropriate
health care. Health-care professionals may be insensitive to their needs, lack relevant
knowledge and treat transgender persons in a discriminatory manner. Gender reassignment
therapy, where available, is often prohibitively expensive. In certain situations, it is
coerced.91
Many children and adolescents perceived as LGBT or gender non-conforming
experience discrimination, harassment and, in some cases, violent abuse both in and outside
of school. 92 Such abuse can force students to skip or drop out of school, and can lead to
feelings of isolation and depression, even suicide.
High levels of bullying have been recorded in all regions. A European Union study
found that 80 per cent of school-age children surveyed heard negative comments or saw
negative conduct directed at schoolmates perceived as lesbian, gay, bisexual or
transgender.93 A survey conducted by the United Nations Educational, Scientific and
Cultural Organization (UNESCO) of students in Thailand found that more than half of
LGBT respondents had been bullied in the previous month, and more than 30 per cent had
experienced physical abuse.94 These findings mirror those of studies conducted in other
Limiting or obstructing information related to sexuality or using materials that
contain stereotypes and prejudices can contribute to violence and expose young LGBT
persons to health risks.95 Comprehensive sexuality education is part of the right to
education and can be a tool for combating discrimination.
In most States, national laws do not provide adequate protection from employmentrelated discrimination on grounds of sexual orientation and gender identity.96 In the absence
CCPR/C/ECU/CO/5, para. 12. See IACHR expresses concern about violence and discrimination
against LGBTI persons, particularly youth, in the Americas, press release, 15 August 2013.
See CRC/C/CHE/CO/2-4, para. 42, CAT/C/DEU/CO/5, para, 20, A/HRC/22/53, para. 88, A/64/272,
See A/HRC/25/61, annex II.
See E/CN.4/2001/52, para. 75, E/CN.4/2006/45, para. 113, CRC/C/RUS/CO/4-5, para. 59.
EU LGBT Survey, EU Agency for Fundamental Rights (see footnote 50), p. 12.
Bullying targeting secondary school students who are or are perceived to be transgender or same-sex
attracted, Mahidol University, Plan International Thailand, UNESCO, 2014, p. 14.
See CRC/C/RUS/CO/4-5, para. 55, CRC/GC/2003/4, paras. 26, 28; A/65/162, paras. 4, 6, 23, 63,
A/68/290, paras. 52, 54.
ILGA, State-sponsored Homophobia (see footnote 70), p. 21.
of such laws, employers may fire or refuse to hire or promote people simply because they
are seen as lesbian, gay, bisexual or transgender.97 Where laws do exist, they may be poorly
applied. Workplace benefits available to heterosexual employees may be denied to their
LGBT counterparts. Surveys indicate that discrimination and verbal and other forms of
harassment in the workplace are commonplace.98
LGBT persons may experience discrimination in access to housing as a result of
unfair treatment by public and private landlords. Concerns include LGBT individuals and
same-sex couples denied leases and evicted from public housing,99 harassed by neighbours
and forced out of their homes.100 Many LGBT-identifying adolescents and young adults are
thrown out of home by disapproving parents and end up on the streets, resulting in
disproportionately high rates of homelessness among this group. A recent survey of 354
homeless support agencies in the United States suggested that some 40 per cent of homeless
youth identify as LGBT, with family rejection the leading cause of homelessness among
this group.101
Freedom of expression, association and assembly
United Nations human rights experts continue to highlight discriminatory
restrictions on the rights to freedom of expression, association and assembly of LGBT
persons and those defending their rights.102 Concerns include direct censorship, bans on
dissemination of information and restrictions on advocacy.103
LGBT organizations continue to have registration applications rejected, reviews
delayed and legal registration revoked on discriminatory grounds.104 Permission to hold
meetings, workshops and cultural events may be denied in an attempt to suppress political
and artistic expression.105 Police officers have raided the offices of LGBT groups, arrested
and harassed staff and volunteers, and confiscated materials, sometimes putting the privacy
and safety of staff and supporters at risk.106 The offices of LGBT organizations have been
targets of vandalism, burglary and arson,107 and such incidents are seldom investigated
promptly.108
See A/69/318, para.17; and Discrimination at work on the basis of sexual orientation and gender
identity: Results of pilot research (GB.319/LILS/INF/1), International Labour Office, October 2013,
EU LGBT Survey, EU Agency for Fundamental Rights (see footnote 50), p.17; April Guasp, Gay in
Britain: Lesbian, Gay and Bisexual Peoples Experiences and Expectations of Discrimination,
Stonewall, 2012, pp.3, 19.
See A/HRC/19/53, paras. 50, 51, 63.
See Serving Our Youth, Williams Institute, True Colors Fund and the Palette Fund, 2012, p. 3.
See CCPR/C/GEO/CO/4, para. 8, A/HRC/26/30/Add.2, para. 77.
See A/HRC/20/22/Add.2, para. 55, A/64/211, paras. 21-27.
See A/HRC/23/34/Add.1, paras. 101-103.
See A/HRC/22/53/Add.4, para. 162.
A/HRC/25/74, MKD 2/2013; A/HRC/23/51, CRI 2/2012.
See A/69/307, para. 86, A/HRC/22/53/Add. 4, para. 162, A/HRC/25/71, para. 55, A/HRC/26/52, para.
Private and State agents target pride marches, where LGBT persons and their
supporters are sometimes subjected to violence and harassment.109 In some States, such
events are denied police protection or permits, sometimes under guise of threats to public
morals or safety, abrogating the States duty to uphold freedom of assembly and to protect
LGBT persons from violence.110 In the absence of proper police protection, marchers have
been physically attacked and harassed by State and non-State actors, including far-right
skinhead groups.111
Women defenders and those advocating for gender- and sexuality-related rights are
often at particular risk because they are seen as challenging traditional assumptions about
the role and status of women in society.112
Asylum and migration
Asylum and migration policies in this context vary considerably. The Office of the
United Nations High Commissioner for Refugees (UNHCR) estimates that some 42 States
have granted asylum to individuals with a well-founded fear of persecution owing to sexual
orientation or gender identity. At international borders, migrants and refugees may be
subjected to invasive physical screenings and examinations and denied entry on
discriminatory grounds.113
Practices in States granting asylum sometimes fall short of international standards.
Officials may be insensitive to the conditions facing LGBT asylum-seekers, and review of
applications is sometimes arbitrary and inconsistent.114 In its judgement of 2 December
2014, the Court of Justice of the European Union ordered States to cease use of intrusive
questioning and medical tests purportedly designed to reveal applicants sexual orientation.
Refugees and migrants are sometimes subjected to violence and discrimination while in
detention facilities,115 and when resettled, may be housed within communities where they
experience additional sexuality- and gender-related risks. The refoulement of asylum
seekers fleeing such persecution exposes them to the risk of violence, discrimination,
criminalization and the death penalty.116
States responsibility to protect individuals from discrimination extends to the
family sphere, where rejection and discriminatory treatment of and violence against LGBT
and intersex family members can have serious, negative consequences for the enjoyment of
human rights. Examples include individuals being physically assaulted, raped, excluded
from family homes, disinherited, prevented from going to school, sent to psychiatric
institutions, forced to marry, forced to give up custody of their children, punished for
activist work and subjected to attacks on personal reputation. In States where
homosexuality is criminalized, victims may be reluctant to report violence perpetrated by a
See A/HRC/23/34, paras. 49-50, A/HRC/26/36/Add.2, paras. 43-45.
CCPR/C/109/D/1873/2009, para. 9.6, A/HRC/23/49/Add.4, para. 22.
See A/HRC/10/12/Add.1, paras. 275-280, A/HRC/11/4/Add.1, paras. 289-2294, A/HRC/16/44/Add.1,
paras. 11571164.
See A/HRC/22/47/Add.1, para. 88, and Study on the situation of women human rights defenders in
Africa, Special Rapporteur on human rights defenders, African Commission on Human and Peoples
Rights, 2015.
A/69/CRP.1, p. 15.
UNHCR, HCR/GIP/12/09 (see footnote 8).
See CCPR/C/108/D/2149/2012, para 2.4, CCPR/C/103/D/1833/2008, para. 9.2.
family member for fear of the criminal ramifications of revealing their sexual orientation.
Lesbians, bisexual women and transgender persons are often especially at risk owing to
gender inequalities and restrictions on autonomy in decision-making about sexuality,
reproduction and family life.117
Recognition of relationships and related access to State and other benefits
While States are not required under international law to recognize same-sex
marriage,118 the Committee on Economic, Social and Cultural Rights has called upon States
to provide for legal recognition of same-sex couples.119 As at April 2015, 34 States offered
same-sex couples either marriage or civil unions, which bestow many of the same benefits
and entitlements as marriage.120 Wherever States provide benefits such as pension and
inheritance entitlements for unmarried heterosexual couples, the same benefits should be
available to unmarried homosexual couples.121
Lack of official recognition of same-sex relationships and absence of legal
prohibition on discrimination can result in same-sex partners being treated unfairly by
private actors, including health-care providers and insurance companies. The United
Nations Childrens Fund (UNICEF), the Committee on the Rights of the Child and the
Inter-American Court of Human Rights have expressed concern at discrimination against,
and the lack of legal protection of, children of same-sex couples.122
Gender recognition and related issues
In spite of recent advances in several countries, transgender persons are generally
still unable to obtain legal recognition of their preferred gender, including a change in
recorded sex and first name on State-issued identity documents. As a result, they face
multiple rights challenges, including in employment and housing, applying for bank credit
or State benefits, or when travelling abroad.
Regulations in States that recognize changes in gender often impose abusive
requirements as a precondition of recognition for example, by requiring that applicants be
unmarried and undergo forced sterilization, forced gender reassignment and other medical
procedures, in violation of international human rights standards.123
See A/68/290, para. 38, A/HRC/20/16/Add.4, para. 20, A/HRC/22/56, para. 70, A/HRC/26/38/Add.1,
See CCPR/C/75/D/902/1999.
E/C.12/BGR/CO/4-5, para17; E/C.12/SVK/CO/2, para. 10.
ILGA, State-sponsored Homophobia (see footnote 70), pp. 26-28.
See CCPR/C/CHN/HKG/CO/3, para. 23, CCPR/C/78/D/941/2000, para. 10.4,
CEDAW/C/SRB/CO/2-3, para. 39(d); also European Court of Human Rights, applications 29381/09
and 32684/09, 7 November 2013, paras. 79-81.
See CRC/C/GC/15, para.8 and CRC/C/GAM/CO/2-3, paras. 29-30; and Eliminating discrimination
against children and parents based on sexual orientation and/or gender identity, UNICEF, position
paper no.9, 2014, and Inter-American Court of Human Rights, Atala Riffo and daughters v. Chile, 24
See CCPR/C/IRL/CO/4, para. 7, CCPR/C/UKR/CO/7, para. 10, A/HRC/22/53, para. 88; also
Eliminating forced, coercive and otherwise involuntary sterilization: an interagency statement,
OHCHR, UN-Women, UNAIDS, UNDP, UNFPA, UNICEF and WHO, 2014.
Three States (Mozambique, Palau and Sao Tome and Principe) have decriminalized
consensual same-sex conduct, and several others have accepted recommendations to do so.
The United Kingdom and several states in Australia have adopted measures to expunge the
criminal records of individuals convicted of consensual homosexuality-related offences.
Fiji has added an anti-discrimination clause in its Constitution prohibiting
discrimination based on sexual orientation, gender identity and gender expression, and
Malta has added gender identity to the list of prohibited grounds of discrimination included
in its Constitution. Anti-discrimination laws have also been strengthened in several States,
including Chile, Cuba, Georgia, the Republic of Moldova, Montenegro, as well as in
Australia and Malta, which became the first countries to expressly prohibit discrimination
against intersex persons.
Legal recognition of same-sex relationships was introduced in at least 12 additional
States, either in the form of civil marriage (Brazil, Denmark, France, Luxembourg, New
Zealand, United Kingdom, Uruguay) or civil unions (Chile, Croatia, Ireland, Liechtenstein,
Malta). Argentina, Denmark and Malta established new laws that allow transgender persons
to obtain legal recognition of their gender identity on the basis of self-determination, while
Australia (Australian Capital Territory), the Netherlands and Sweden removed abusive
sterilization, forced treatment and divorce requirements. Argentina furthermore established
access to free gender-affirming treatment for those who wish to receive such treatment.
Nepal and Bangladesh created a legal third gender category, and new passport policies in
Australia and New Zealand allow individuals to choose male, female or indeterminate
gender markers. The Supreme Court of India affirmed the right of transgender persons to
determine their own gender, and called upon the Government to ensure equal rights for
transgender persons, including in access to health care, employment and education. Malta
became the first State to prohibit sex-assignment surgery or treatment on intersex minors
without their informed consent.
Other initiatives include the development of a new judicial protocol to guide
adjudication of cases involving human rights violations on grounds of sexual orientation
and gender identity (Mexico); implementation of employment-related anti-discrimination
protections (Bolivia (Plurinational State of), Botswana); new guidance materials and
training for police, teachers and/or other officials (Canada, Colombia, Croatia, Denmark,
Montenegro, Norway, Mexico, Serbia, Spain); expansion of anti-bullying programmes and
other anti-discrimination measures in schools (Albania, Australia, Brazil, Canada, Taiwan
province of China, Ireland, Portugal, Sweden, United Kingdom), and annual reporting on
discrimination and violence in schools (Brazil); LGBT suicide prevention programmes
(Belgium, Japan, United Kingdom); a human rights-based comprehensive sexuality
education curriculum for schools (South Africa); scholarships for transgender persons who
enrol in vocational training (Brazil); construction of homeless shelters for LGBT youth
(Albania, United States); and no longer requiring external corroboration of sexual
orientation or gender identity for LGBT asylum-seekers (Italy, Portugal).
National plans of action were developed to tackle discrimination against LGBT
persons in Brazil, Canada (Quebec), France, Norway, South Africa and the United
Kingdom, and, in Uruguay, a plan to combat the social exclusion of transgender persons.
Several States also launched national public education campaigns to counter homophobia
and transphobia (Argentina, Australia, Belgium (Flanders), Brazil, Colombia, Cuba,
Montenegro, Serbia, South Africa, United Kingdom, Uruguay). Mexico has officially
designated 17 May as the National Day against Homophobia.
The present study is the second on violence and discrimination based on sexual
orientation and gender identity requested by the Human Rights Council. While some
progress has been made since the first study in 2011, the overall picture remains one
of continuing, pervasive, violent abuse, harassment and discrimination affecting
LGBT and intersex persons in all regions. These constitute serious human rights
violations, often perpetrated with impunity, indicating that current arrangements to
protect the human rights of LGBT and intersex persons are inadequate. There is as
yet no dedicated human rights mechanism at the international level that has a
systematic and comprehensive approach to the human rights situation of LGBT and
intersex persons.
The recommendations below describe measures to protect individuals from the
kinds of human rights violations documented above. They draw from good practices
observed in the course of compiling the report and recommendations of United
Nations human rights mechanisms.
The High Commissioner recommends that States address violence by:
Enacting hate crime laws that establish homophobia and transphobia as
aggravating factors for purposes of sentencing;
Conducting prompt, thorough investigations of incidents of hatemotivated violence against and torture of LGBT persons, holding perpetrators to
account, and providing redress to victims;
Collecting and publishing data on the number and types of incidents,
while providing for the security of those reporting;
Prohibiting incitement of hatred and violence on the grounds of sexual
orientation and gender identity, and holding to account those responsible for related
hate speech;
Training law enforcement personnel and judges in gender-sensitive
approaches to addressing violations related to sexual orientation and gender identity;
Ensuring that police and prison officers are trained to protect the safety
of LGBT detainees, and holding to account State officials involved or complicit in
incidents of violence;
Banning conversion therapy, involuntary
sterilization and forced genital and anal examinations;
Prohibiting medically unnecessary procedures on intersex children;
Ensuring that no one fleeing persecution on grounds of sexual
orientation or gender identity is returned to a territory where his or her life or
freedom would be threatened, that asylum laws and policies recognize that
persecution on account of sexual orientation or gender identity may be a valid basis
for an asylum claim; and eliminating intrusive, inappropriate questioning on asylum
applicants sexual histories, and sensitizing refugee and asylum personnel.
States should address discrimination by:
Revising criminal laws to remove offences relating to consensual samesex conduct and other offences used to arrest and punish persons on the basis of their
sexual orientation and gender identity or expression; ordering an immediate
moratorium on related prosecution; and expunging the criminal records of
individuals convicted of such offences;
Repealing so-called anti-propaganda and other laws that impose
discriminatory restrictions on freedom of expression, association and assembly;
Ensuring that anti-discrimination legislation includes sexual orientation
and gender identity among prohibited grounds, and also protects intersex persons
from discrimination;
Integrating analysis of violations based on sexual orientation and gender
identity in national plans of action, thereby ensuring coordination and adequate
resourcing of related activities, accountability for perpetrators, and redress for
victims;
Sensitizing health-care workers to the health needs of LGBT and
intersex persons, including in the areas of sexual and reproductive health and rights,
suicide prevention, HIV/AIDS and trauma counselling;
Establishing national standards on non-discrimination in education;
developing anti-bullying programmes and establishing helplines and other services to
support LGBT and gender-non-conforming youth; and providing comprehensive,
age-appropriate sexuality education;
Ensuring that housing policies do not discriminate against tenants based
on sexual orientation and gender identity; and establishing shelters for homeless
LGBT persons, with specific attention to youth, older persons and those in emergency
situations;
Providing legal recognition to same-sex couples and their children,
ensuring that benefits traditionally accorded married partners including those
related to benefits, pensions, and taxation and inheritance are accorded on a nondiscriminatory basis;
Issuing legal identity documents, upon request, that reflect preferred
gender, eliminating abusive preconditions, such as sterilization, forced treatment and
divorce;
Supporting public education campaigns to counter homophobic and
transphobic attitudes, and addressing negative, stereotypical portrayals of LGBT
persons in the media;
Ensuring that LGBT and intersex persons and organizations are
consulted with regard to legislation and policies that have an impact on their rights.
The High Commissioner recommends that national human rights institutions
address violence and discrimination against LGBT and intersex persons in the context
of their respective mandates to promote and monitor effective implementation of
international human rights standards at the national level.
As the intergovernmental body with responsibility for promoting and
protecting human rights worldwide, the Human Rights Council should keep itself
regularly informed of patterns of violence and discrimination linked to sexual
orientation and gender identity, as well as emerging State responses. To this end,
OHCHR stands ready to submit further reports upon request, and current special
procedures mandate holders should be encouraged to continue to report on related
violations within their respective mandates.
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Psychology » Applied Psychology
The best books on Happiness at Work
recommended by Jessica Pryce-Jones
The CEO of iOpener, a human asset management consultancy, explains how you can increase happiness and thus productivity in the workplace. She picks five essential reads for bosses and employees.
First, Break All the Rules
by Jessica Pryce-Jones
Authentic Happiness
by Martin E P Seligman
Happiness: Lessons from a New Science
by Richard Layard
Stumbling on Happiness
by Daniel Gilbert
The No Asshole Rule
by Robert I Sutton
1 First, Break All the Rules by Jessica Pryce-Jones
2 Authentic Happiness by Martin E P Seligman
3 Happiness: Lessons from a New Science by Richard Layard
4 Stumbling on Happiness by Daniel Gilbert
5 The No Asshole Rule by Robert I Sutton
Your first book is First, Break All the Rules: What the World's Greatest Managers Do Differently. What do they do differently?
I'm a sucker for books and I always buy management books when I get on planes. There I am at Heathrow Airport going on a business trip, and I think, 'I've got to read this stuff!' And normally I pick a book up, read the first few pages, then find I can't face it and end up leaving it in a hotel room. But this book, I picked it up, started to read it and I thought, 'Hallelujah! Here is a book that makes sense at last.' And that was just so refreshing. I don't even have a copy at the moment, because I have given about ten of them away to people saying, 'You have just got to read this!'
The main messages of the book are: first of all, as a manager, focus on what a person is really good at. Don't insist on stuffing into people what they haven't got; just try and claw out the best of what's there. And that is a very positive message. Secondly, don't promote people to their own level of incompetence. Make them feel that they can excel as an individual contributor, that they can be doing good things without becoming a manager. Thirdly, the book is very keen on setting outcomes: tell people what to do, don't tell them how. And the fourth point is to spend time with your best people. And those four pieces of advice are seared on my brain – I can never forget them.
Spending time with your best people, what does that mean?
You should spend time encouraging your top performers. Because if someone is a star, performing at 95 per cent, if you get five per cent more from them, that'll get you a hell of a lot more than an additional ten per cent from your 30 per cent performer. So it's about getting the really good people to do even more. And actually that's not what most managers do. They spend all their time trying to nurture their weakest players. I hadn't twigged that myself, but when I read it I thought, how marvellous to spend half an hour with a person who is doing a really great job, and show them some appreciation and recognition and be curious about what they're doing, rather than spending four hours with someone who is not doing very well.
What do the authors base this all on?
It's based on Gallup research. They interviewed 80,000 of the best leaders. They didn't tell leaders to nominate themselves, they told teams to nominate leaders. So this was research done the other way around, because normally you go into an organisation and say to the executive team, 'Who are your best leaders?' And they pick the people. And they are not the same people that everybody else would pick. This is common-sense stuff, but of course common sense isn't very common.
The next book is Authentic Happiness, subtitled 'Using the New Positive Psychology to Realize Your Potential for Lasting Fulfillment', by Martin Seligman.
When I heard the title I thought, Oh God! What a title! It's so American. But I like it because I read Seligman's work way back when I was a psychology student. He was the man who gave us 'learned helplessness' – why men don't learn how to use washing machines. He did experiments shocking dogs and noticed that two or three out of every ten dogs wouldn't just lie back and be shocked, they would try to escape. And instead of focusing on the helpless ones, he looked instead at the resilient ones, and set out to find out what made them resilient. What is good about this book is that it puts together lots of his work, as well as lots of other psychologists' work, in a way that is absolutely readable. It's also very practical – it tells you why happiness matters, what you can do about it, and how to go about it.
Do you want to quickly explain what positive psychology is?
Psychology has always been about fixing the broken. The standard huge tome that is beaten into all psychology students is called DSM3R, which is diagnostic. How do you tell if someone is a schizophrenic, or if they've got depression, or if there is something worse going on? And Seligman said, 'Hang on, what works? Let's focus on what works. How do you get more of what works?' Because just fixing the broken is very, very downbeat. He also argues that we should be grateful for bad experiences, because you only grow by going through tough stuff. You may not like it at the time, but afterwards you benefit from it.
So Seligman is the founding father of positive psychology, though in real life he's Mr Gloom. He acknowledges that at the beginning of the book, which is very sweet. I've seen him lecture and he turns up in a terrible bait, and it's so funny to have the founding father of positive psychology sitting there in this terrific bait. But it's a very positive message – think about your strengths and what you're good at, even if some of them felt a bit a cheesy to a Brit. Could you walk into work and say, 'My top strengths are my love and my spirituality and my wisdom'? That wouldn't feel too good to a Brit. But it's a very uplifting message and approach to life.
How is it relevant to the workplace?
For example, how you argue with yourself when you're in a low place. He gives you four ways – A E I U. A: what are the alternatives to the situation? The E is what is the evidence you've got that you are a hopeless person? The I is what are the implications for you of thinking I am a hopeless person? U is the useful bit: is it useful for me to continue thinking like this? And for me it's just practical. You can challenge yourself and you can challenge other people. When someone goes: 'Oh my God, 15 of the team have just been laid off, you and me are going to lose our jobs next.' You can start disputing: what is the evidence for that? What are the alternatives we've got? What are the implications of 15 people being laid off? And that takes you from the past to the future. The usefulness is your own challenge – going around and around in your own brain isn't very useful. That's one of the things that makes you depressed, rumination – when you just have these thoughts going round and round in your brain, and you don't talk about them, and you don't challenge yourself. Introverted ruminators get depressed. But I don't like telling people that.
On to Richard Layard's Happiness: Lessons from a New Science.
So what Seligman did was give us a new approach to life, from a psychologist's perspective. What Layard did is take happiness issues from an economist's perspective and say, 'Come on, if we're so rich, which we are in the West, how come general happiness has been declining and depression rising? What's going on? Not at an individual level, but at a country level?' He synthesises lots of economics and sociology and religion, and psychology, too. And makes it very digestible: it's presented in short, easy chunks. Sometimes it feels a little random. For example, why is Performance-related pay in between Respect and Advertising?
And what pearls of wisdom emerge from Layard's book?
He strongly makes the case that standard economic policy doesn't really take into account feelings, when actually feelings are the only reason you ever decide to do anything. You can look at all the data, but in the end you think does it feel right? That's the reason you buy a house or take a job.
So he challenges standard economic theory and says we shouldn't look at wealth, but at wellbeing. It's quite simple. What is it you say you want for your kids? You want them to be happy. And there are lots of golden nuggets in the book, like the fact that self-help books make you happy. People shouldn't pooh-pooh them and sneer. Alain de Botton actually says the same thing; the Romans were full of self-help books, so were the Victorians, how come we think self-help is somehow fit to be pooh-poohed?
If I wanted to be very happy at work, what would I take away from the Layard book?
Not much, which is part of the reason I wrote my own book. There were some unanswered questions for me in reading it, and there wasn't that much about work in there. He says things like only $20,000 makes you happy at work, happy in life. That's bullshit – that may make you very happy if you're living in Niger, but if you're living in New York City, $20,000 is not enough to live on. So there is this kind of mythical number out there, which I'm not sure exists. Layard does make the point that unemployment makes you very unhappy. It makes a big, big dent in your happiness. Work does make you happy. And I think that's because you get a chance to stretch yourself and achieve your potential.
Let's talk about Daniel Gilbert's Stumbling on Happiness. Why is it on your list?
I liked this book because he went inside my brain. This is me operating against my brain, the inner stuff. He really hammers home the fact that you can't predict what things are going to feel like in the future, and you're not a good interpreter of the past. Essentially he writes that we're prisoners of our minds and brains – and we think we're so different from everyone else, but we're not. I love this book because it made me laugh. I recognised so much of my own erroneous, crappy thinking. Yes! I do think like that! Damn!
For example?
He says we think that having kids will make us happy, when, actually, when you look at it, people's overall life happiness is dented by having kids and goes up when kids leave home. There's one chapter I really liked, it was about the 'Blind Spot of the Mind's Eye'. He shows how your brain puts stuff in and takes stuff out for you, starting with your optic nerve. Where your optic nerve is there's a blind spot, but you never see a hole in your vision. Even though there is one. So your brain is filling in what actually isn't there. The brain is putting in detail, at the same time as missing it out, which is why you can almost hit a car. The book is a reminder that happiness is complicated and complex and that our brains are flawed. We interpret things with hindsight, and we continually make bad choices. He goes into all the foibles and misinterpretations and the biases and the mistakes we make – and will continue to make.
What about your last book, The No Asshole Rule?
I love this book, because while work is about trying to make a context in which everybody can thrive, and continuously building up trust, you also have to dismantle distrust. You have to do the two things at the same time, in my view. You walk into any school and if they say, 'We don't have any bullies,' my thought is you're just not looking hard enough. There's always going to be distrust, there's always going to be jerks. And there's always going to be bullies around at work. So how are you going to deal with them? You have to build happiness and dismantle unhappiness at the same time. The book is written by a Stanford professor, but what I like about it is that he really puts it out there, and hits you on the chin, by calling it The No Asshole rule. And he also lays himself open and gives lots of personal examples, which show how he can be one and the rest of us all have the capacity to be one. He refers to keeping your 'inner asshole in check'. The book is a very quick read – you can read it in a couple of hours – and it really made me laugh.
While making serious points?
Absolutely. For example, I'm not sure that I agree with him that emotional detachment is the best way to survive at work. But I totally agree when he says that passion is an overrated virtue in the workplace. You get some bloke telling you, 'I'm passionate about female sanitary protection.' What are you telling me? 'I'm passionate about data analysis.' If that's all you've got to be passionate about, please do get a life. So I do agree with this, because it also allows people to go too far. I'm passionate about this, means I can be rude to you, because I'm passionate. He also gives the two sides and argues that sometimes you do need to release your inner jerk, your inner asshole.
How do you that?
You wind up shouting at someone. It's not a clever way of being, because it winds you up and there's an emotional cost to that. But I think, sadly, there's quite a lot of that about, especially post-recession. People feel traumatised. I had it today, actually. I was in a restaurant and ordered some takeaway food. I wanted to sit down, but the server told me, 'No you can't, it's not company policy.'
I said, 'Hang on, there's one person in here, other than me – it's 2.30 in the afternoon. What is the problem? I am offering to pay the difference! And I'll be out of here in ten minutes.' It's just insane. I think when someone says 'it's not company policy' that might be a time to release your inner jerk.
Applied Psychology Careers Happiness Self HelpPositive Psychology Work
Jessica Pryce-Jones
Jessica Pryce-Jones lectures and teaches senior executives at London Business School, Chicago Booth, Oxford (Saïd) and Judge Business Schools. She also coaches senior executives and leadership teams. Her career started at Rothschild's Bank in Paris and she then spent seven years in the insurance market before starting working as a consultant. Jessica has degrees in Classics (Latin and Greek) and Psychology. She works all over the world but is based in Oxford, UK. She is CEO of iOpener, a human asset management consultancy, the world's leading expert in raising productivity through the science of happiness at work. Her new book, Happiness at Work: Maximizing Your Psychological Capital For Success, outlines iOpener's approach in a practical and easy-to-read way.
Bryony Gordon on Depression Books
Alastair Campbell on Leadership Books
David Canter on Forensic Psychology Books
Ian Leslie on Disagreeing Productively Books
Daniel Goleman on Emotional Intelligence Books
Susan Llewelyn on Clinical Psychology Books
Brett Wigdortz on Leadership Books
Jacqueline Leighton on Educational Testing Books
Bill Cole on Sports Psychology Books
Books by Jessica Pryce-Jones
Happiness at Work

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text:
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This article supplements the general responses offered by other commentators to explore more deeply why attorneys do or do not counsel their clients on moral considerations. To address this issue, this article first examines the changes in lawyers' roles in the last 200 years. The article then considers how postmodernism has impacted attorneys' views on the propriety of the moral counseling of clients. The article next discusses both recent psychological studies and established religious principles that underscore why attorneys should raise moral considerations with their clients. The article then discusses proposed responses to the apparent lack of moral counseling in the attorney-client context and considers how ethics instruction of lawyers and law students could encourage attorneys to engage in such moral counseling. The article concludes that, in addition to the fact that such counseling may advance client interests, moral counseling affirms lawyers' integrity by enabling them to integrate their personal convictions into their professional roles.


text:
AFC Board
AFC Editions
Friday Links: The Ubiquity of Art Market Bullshit Is On Full Display
by Paddy Johnson and Michael Anthony Farley on September 23, 2016
Installation view of work by Ryan Gander at Lisson Gallery, 2016. Photo by Jack Hems, courtesy of Lisson Gallery.
The MacArthur Genius Grants were announced yesterday. Baltimore artist Joyce Scott was the big win in the art world for her "repositioning of beadwork into a potent platform for commentary on social and political injustices". [MacArthur Foundation]
Marion Maneker explains how the gallery strategy of only selling to museums to thwart flipping actually increases the desirability to flip. Basically, it increases the value of said work in the hands of private collections. What he doesn't mention is that the strategy—named by Victoria Miro Gallery—only works when galleries have the luxury of only selling to museums. How often is that? [Art Market Monitor]
Here's what it's like to live in New York's first "micro housing" experiment, touted as the future of housing in the city. Basically, it's like a futuristic hotel. [Curbed]
Remember those naked Donald Trump statues INDECLINE installed in various cities? Apparently someone was such a fan they made off with the Miami edition. Police are pursuing a lead in the theft. [The Washington Post]
"An increasing number of galleries have become disaffected with [Chelsea's] concentrated commercialism, or have been priced out, or simply want a change and are seeking new territory." Oh, for God's sake. Galleries that sell multimillion dollar art works aren't disaffected by commercialism. They've been priced out by condos. The crux of this story is that Elizabeth Dee has moved to Harlem, and so have other galleries, so there's a new gallery district in the making. Dee has the good fortune to be interviewed about how her gallery and artists fit into this shift. [The New York Times]
Chong Weng Ho on the ever-continuing, always dumb debate about whether or not painting is still relevant: "…here's the thing — outside the white cube, nobody cares if painting is dead. Because people like painting." Apparently this has been an especially heated conversation in Australia as of late. [Crikey]
Ryan Gander's show at Lisson Gallery sounds really fun. The artist has amassed a collection of knick-knacks and detritus (cans of rice pudding, luxury dildos) and arranged them on a conveyor belt. Each one has a personal anecdote, but the narrative connections aren't always evident to the viewer. Giant robot eyes oversee the whole thing. [Artsy]
Read the full article →
Tuesday Links: Everyone's Wearing Zika
by Paddy Johnson and Rea McNamara on February 9, 2016
When we wrote about Trinidadian artist Marlon Griffith's mas-inspired art project in Toronto last summer, we talked about how carnival can operate as a form of political spectacle-slash-street theatre. So it comes as no surprise that there are many Zika virus-inspired floats and costumes at this year's Brazilian carnival. [Quartz]
"But we all feel vulnerable to judgement. And scapegoating critics is a way we express that vulnerability." An interview with Times film critic AO Scott weighing in on why critics are often portrayed as failed artists, and how Twitter has made criticism "more lively". [Salon]
A Florida man was arrested for tossing a three-and-a-half foot alligator through a Wendy's drive-thru window. (Don't worry — the alligator was caught and later released in a nearby canal.) [WPTV West Palm Beach]
Will Harlem be the successor of Chelsea? Last year, Gavin Brown moved from his longtime West Village location to a former brewery in the Manhattanville neighbourhood. Now it looks like Elizabeth Dee will be inhabiting a two-storey space that was once the Studio Museum in Harlem's original location. Dee confirms that at least 10 Chelsea dealers are angling for a Harlem move. [artnet News]
Monica Lewinsky has released solidarity-representing handshake emojis to combat cyberbullying and trolling. [Vanity Fair]
"With the release of 'Formation,' Beyoncé went from manipulating the pop culture music industry machine to usurping it. And that's what freedom looks like when you're a black female pop star in a capitalist country. As she sings in the last line of 'Formation' with an unwavering gaze below the brim of a low slung hat 'best revenge is your paper.'" Academic Naila Keleta-Mae breaks down Bey's latest meditation on female blackness. [Noisey]
Toronto's Artscape has just released an open call for expressions of interest from artists, artist collectives and cultural non-profits for programming and tenant opportunities in its new Weston Hub. The development will be located in the city's northwest Weston neighborhood, located near Weston Road and Lawrence Avenue West. It's slated to open in late 2018. [Artscape Weston]
The latest in Chicago's housing crisis: a two bedroom in a newly erected luxury high rise near the demolition rubble of the Cabrini-Green housing project starts at $3,200 per month. [Chicagoist]
Kim Kardashian gets more retweets in three days than ISIS ever has. [Fusion]
Considering the internet as a mass-collaborative project. [Kunsthalle Wien]
Let;s Table t4e Conversation w/@gallerist #Independent
by @gallerist on March 6, 2015
Damn, it feels good to be an aesthete.
We Went to the Independent: A Fair With Sturdy Walls
by Paddy Johnson and Whitney Kimball on March 7, 2014
Is the "Independent" still worthy of the title?
We Went To Chelsea, Blue Chip Edition: Post Culture and Post-Apocalypse
by Corinna Kirsch and Whitney Kimball on September 27, 2013
In which we discuss art in a normal voice. From this week's trip (giant shows at Elizabeth Dee, Zach Feuer, and Hauser&Wirth) you might think the world is about to implode.
This Week's Must-See Art Events: Mega-Openings, Round Two
by Whitney Kimball Corinna Kirsch and Gabriela Vainsencher on September 9, 2013
Time for round two of massive openings. After over a year, CANADA Gallery finally reopens in its new Broome street space, right across from P!. On Thursday night, Chelsea opens. On Friday night, something's going down at the Redhook galleries, but we're not sure what. And tomorrow, we hope Cleopatra's doubles its benefit goals for artist, curator, and Dependent Fair founder Rose Marcus, to help her pay for major surgery–and so do many talented artists who've contributed to her benefit auction. All that, and more, after the jump!
Art Basel Miami Beach 2013 In-n-Out
by Hannah Garner on September 5, 2013
Here we go again: Art Basel Miami Beach 2013 just released the names of this year's exhibitors. Though the list runs about as long as last year's (258 in 2013, 257 in 2012), the fair has added Edition, a new section of 13 art publishers that includes New York's Pace Prints and Two Palms. And though there are some Western European additions (mostly from Berlin), Art Basel's press release notes that nearly half of this year's exhibitors are from the Americas, making the Miami Beach show "the premier destination for galleries from the United States and Latin America." That includes a couple more local Florida galleries and Chicago's Corbett vs. Dempsey, which was added to the Nova section.
What People Will Be Talking About At Art Basel
by Paddy Johnson on June 6, 2013
Move over Frieze talks. This year's Art Basel in Switzerland Conversations and Salons looks pretty great. They'd better livestream this shit.
Wednesday Links: I'm Very Lucky to Have Found Pour Painting
by Paddy Johnson and Corinna Kirsch on June 5, 2013
"I probably use more paint than anyone in the history of art," says Artist Holton Rower proudly. "50 gallons!" he tells us, multiple times. He then explains that with the paint used to produce one of his works, you could paint a house inside and out 10 times. Did Rower mention how much paint it takes to make his work? [Tips]
Jean-Luc Godard made a 3-D film. [Mubi]
Ed Winkleman and Elizabeth Dee will be speaking in Art Basel on the role of mid-level galleries. Here's a preview of their talk, in interview form. [Winkleman Blog]
Art dealer Matthew Marks and curator Jack Bankowsky's West Village townhouse is up for sale. For $17.5 million, you, too, can own ceilings made for large-scale art, seven fireplaces, powder room, and basement gym. [Curbed New York]
Frieze has been killing it on the Biennale coverage. Dan Fox has a few afterthoughts on the Venice Biennale. I particularly like his rebuttal to this year's biennale critics. [Frieze]
Also, Amy Sherlock on the Biennale winners. [Frieze]
We could have predicted this one, but the Pratt art store is finally closing. The art school's film and video department will move into the building. [DNAinfo]
"Art in Transmission", an article about how looking at art on a phone affects how we perceive and value it, has sparked a bit of conversation on Twitter this morning. The article indulges in some unfortunate generalizations—art is no longer discovered in biennials and fairs and magazines, but on the phone—being high up there for me, but it's worth a look regardless. Set a bit of time aside for this—it's written in academic-ese. [Artforum via:Andrew Russeth, Tyler Green, Kriston Capps]
The Independent Perfects the Art Übermarket
by Whitney Kimball on March 8, 2013
In 2010, forty of New York's up-and-comer galleries sailed downstream to avoid the Armory's stench of death. Maybe it was the massive crowds or the lack of sunlight that made Thursday night's opening so grim, but, four iterations later, the Independent has unmistakably assumed the mantle of young establishment.
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