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E-news Issue 255

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EOC makes submission to UN Independent Expert on sexual orientation and gender identity

In March 2021, the EOC made a submission to the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (IESOGI) appointed by the United Nations Human Rights Council (HRC). Responding to the IESOCI’s call for data to inform its report to the 47th session of the HRC, the EOC maintained that there is evidence of LGBT people in Hong Kong facing discrimination in various aspects of public life, such as employment, education, the provision of goods, facilities and services, and premises.

The submission cited quantitative and qualitative data from a study the EOC commissioned to The Chinese University of Hong Kong and published in 2016. Besides in-depth interviews, focus groups and a survey of over 1,000 respondents, the study included a comparison of how different jurisdictions legislate against discrimination on the grounds of sexual orientation and gender identity, mapping out practical issues for consideration when introducing similar legislation in Hong Kong, such as possible exemptions for religious organisations and whether to prohibit harassment and vilification along with discrimination.

The submission also referred to findings from a pro-bono research conducted by Allen & Overy on behalf of the EOC in 2019. The research examined 21 areas of law and found that in most areas of life, only heterosexual married couples are recognised for a wide range of rights, such as inheritance, public housing, reproductive rights (e.g. in vitro fertilisation) and stamp duty benefits relating to property transactions.

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