🔆[Checklist] Increasing LGBTQIA+ People's Access to Justice

Good practices for organisations, oversight bodies, and other complaint mechanisms in addressing LGBTQIA+ people's barriers to attaining justice

In the context of criminalization and non-recognition, it is imperative that oversight bodies and other complaint mechanisms institutionalise a human rights, intersectional, and public health lens in addressing complaints by LGBTQIA+ people.

For instance, if a trans sex worker discloses abuse and harassment by police or the state Islamic Departments, recipients of complaints should address the human rights violation of abuse of power by law enforcement, and not the person’s gender identity and involvement in sex work, which are both criminalized under the laws. In such cases, the complaint mechanism should take higher privacy and security measures to prevent reprisal and arbitrary legal repercussions. understand the harm of criminalization in allowing abuse of power with impunity. (See: Principles of Centering Rights Holders - Responsiveness to Rights Holders)

Similarly, if a queer man is outed because of his HIV status, the workplace should take measures to protect the person’s privacy, instead of focusing on sexual orientation or HIV status.

At the same time, given this context, duty bearers should provide a safe space where complainants can provide their complaints without fears and concerns of further criminalization or harm.

How to enhance protection for LGBTQIA+ complainants

• Include SOGIESC as a ground of discrimination

• Make some changes to your complaint forms

• Train personnel managing complaints and your complaint mechanism

• Build networks with local organisations

• Promote your complaint mechanisms / Raise public awareness

• Monitor and evaluate your complaint mechanism

• Address institutional barriers

Good practices and recommendations

• Enhance Confidentiality & Privacy

• Protection measures against Retaliation and Reprisal

• Enhance Accessibility of Reporting Platforms

Effective remedy

The nature of an effective remedy will vary based on the nature of the human rights violation, the severity, and the mandate of the organisation. In an earlier part of this toolkit, we have shared the elements of an effective remedy, which should always be considered from the viewpoint of rights holders.

Some key points to reiterate:

• Complainants should be consulted in the process of determining an effective remedy to their situation.

• Plural remedies should be made available to complainants; civil remedies and criminal sanctions should not be considered mutually exclusive.

The remedies should be administered in a timely manner, without compromising the integrity of the investigation. Capacity building for staff can help by ensuring that staff have the necessary expertise to respond to complaints.