TGEU The ProTrans project International mechanisms: Protecting trans people from violence R NGOs have successfully been using “shadow reports” In implementing the Convention, states must not dis- to the Universal Period Review to put states on the criminate on grounds of gender identity, 15 particularly spot for their inadequate responses to or complicity in when taking measures to protect the rights of victims. 12 ichard Köhler has been a trans activ- United Nations transphobic violence. The regularity of the peer-review Thus, trans people, and particularly those affected by ist within the European transgender International human-rights law applies to trans people, as mechanism allows NGOs to follow up on recommen- multiple discrimination (e.g. ethnic or migrant background), enjoy protection from the Convention. movement for more than a decade. He con- has been reinforced repeatedly by UN human-rights bod- dations made and point out cases in which states fail to tinuously initiated change to develop the ies and instruments. In July 2011, the UN Human Rights implement them. States Parties must integrate the Convention’s definition structure and policy of TGEU drawing from his Council expressed its “grave concern” over violence wide experience in international project manage- perpetrated against individuals because of their sexual The UN CEDAW (Committee on the Elimination of Vi- of gender as “socially constructed” (Art. 3 c) into their ment and NGO consultancy. His special fields of inter- orientation and gender identity. Specifically, Article 3 of olence against Women) expert group has repeatedly legal framework. They must also introduce specific crim- est are policy development and advocacy at the Europe- the Universal Declaration of Human Rights and Articles 6 expressed concerns over violence and discrimination inal offences (Arts. 32–39) for physical violence; psycho- an level. He spoke as trans expert at the European Union and 9 of the International Covenant on Civil and Political against transgender women. For example, in March logical violence; stalking; sexual violence, including rape; and Council of Europe on a number of occasions, such Rights guarantee the protection of everyone’s life, liberty 2015 13 it recommended that the Kyrgyz state ensure sexual harassment; forced marriage; female genital muti- as the historic meeting of Human Rights Commission- and security of the person. State authorities are obliged inter alia transgender women’s access to sustainable, lation; forced abortion; and forced sterilisation. er’s trans expert meeting in 2008. to investigate and punish this kind of violence. The Special non-discriminatory and non-prejudiced services, such as Rapporteur on extrajudicial, summary or arbitrary execu- shelters, legal aid and counselling, and to protect them The Convention demands that states act proactively tions and the High Commissioner for Human Rights have from violence, abuse and exploitation. with “due diligence” in preventing, protecting against, investigating and sanctioning gender-based and domes- “When feeling lonely and helpless after a transpho- continually spoken out against transphobic violence, in- bic attack international human rights seem awfully cluding by condemning the involvement of agents of the Istanbul Convention far away. But they actually have the potential to state and the impunity of perpetrators. The Convention on Preventing and Combating Violence 11 help right away and on the long run to ensure that against Women and Domestic Violence (CAHVIO or • Train professionals in close contact with victims; no one is targeted because of their gender identi- Istanbul Convention) is the most comprehensive, de- • Regularly run awareness-raising campaigns; ty or gender expression. There has never been a tailed and legally binding response to violence against • Take steps to include issues such as gender equality better moment for trans activists to press govern- women and gender-based violence to date. In about 60 substantive articles, the Convention details trans people’s human rights.” how to better prevent, protect against, prosecute and In the following section, we aim to give an overview of the most relevant policy instruments and mechanisms that address violence against trans people with the aim of enabling activists to use them as references in their advocacy activities. and non-violent conflict resolution in interpersonal relationships in teaching material; ments and policy makers to recognise and protect + 26 + tic violence. In particular, they must: Definition of gender based violence (source: Office of the High Commissioner for Human Rights, Fact sheet Homophobic and transphobic violence, available: http://www.ohchr.org/Documents/Issues/Discrimination/LGBT/ FactSheets/unfe-27-UN_Fact_Sheets_Homophobic_English.pdf) • Set up treatment programmes for perpetrators of domestic violence and for sex offenders; integrate policies to combat gender-based violence. • Work closely with civil society; State Parties to the Convention 14 accept that its provi- • Involve the media and the private sector in sions override any conflicting national law and require eradicating gender stereotypes and promoting national legislation to be brought into alignment with mutual respect. the aims and measures of the Convention. + 27 +