Session 1 These treaties are: The International Convention on the Elimination of All Forms of Racial Discrimination; The International

al Covenant on Economic, Social and Cultural Rights; The International Covenant on Civil and Political Rights; The Convention on the Elimination of All Forms of Discrimination against Women; The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; The Convention on the Rights of the Child; The International Convention on the P rotection of the Rights of All Migrant Workers and Members of their Families; The Convention on the Rights of Persons with Disabilities; The International Convention for the Protection of All Persons from Enforced Disappearance. Chapter I presents the nine core international human rights treaties currently in force and their optional protocols. These treaties are the product of more than half a century of continuous elaboration since the adoption of the Uni- versal Declaration of Human Rights by the United Nations General Assembly in 1948. Chapter II presents the work of the ten2 human rights treaty bodies estab- lished under the terms of these treaties. These treaty bodies monitor the implementation of the rights set out in the treaties by the States that have ac- cepted them. The treaty body system constitutes a key mechanism through which States are obliged to engage, at an international forum, in a rigor- ous, but constructive, dialogue on the state of human rights implementation in their countries. All of the treaty bodies are considered together, concen- trating on the common elements of their mandates and working methods, but also outlining some major differences.

Further details on their practical differences can be found in the specific fact sheets. Chapter III surveys the challenges facing the human rights treaty sys- tem. It considers efforts to make the system more effective, in particular by streamlining the reporting procedure. The implications for the treaty system of the new emphasis on the creation of and support to national pro- tection systems are also discussed. 1. The Committee on the Elimination of Racial Discrimination, the first treaty body to be established, has reviewed the application of the International Convention on the Elimination of All Forms of Racial Discrimination since 1969. It has 18 members. 2. The Committee on Economic, Social and Cultural Rights was created in 1985 to carry out the functions of the Economic and Social Council under the International Covenant on Economic, Social and Cultural Rights. It has 18 members. 3. The Human Rights Committee was created in 1976 to review the application of the International Covenant on Civil and Political Rights. It has 18 members. 4. The Committee on the Elimination of Discrimination against Women has reviewed the application of the Convention on the Elimination of All Forms of Discrimination against Women by its State parties since 1981. It has 23 members. The Committee against Torture, created in 1987, reviews the ap- plication of the Convention against Torture and Other Cruel, Inhu- man or Degrading Treatment or Punishment. It has 10 members. The Subcommittee on Prevention of Torture held its first session in February 2007. Its mandate is twofold: to visit all places of de- tention in State parties; and to provide assistance and advice to both States parties

and their independent national bodies for the prevention of torture and other cruel, inhuman or degrading treat- ment or punishment, the national preventive mechanisms. It has 25 members. The Committee on the Rights of the Child has, since 1991, re- viewed the application of the Convention on the Rights of the Child, as well as its Optional Protocols relating to the involvement of children in armed conflict and to the sale of children, child prostitution and child pornography, by their State parties. It has 18 members. The Committee on Migrant Workers held its first session in March 2004 and reviews the application of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. It has 14 members. The Committee on the Rights of Persons with Disabilities, established in November 2008, held its first session in February 2009. It has 18 members. 10. The Committee on Enforced Disappearances was created in June 2011 following the entry into force on 23 December 2010 of the International Convention for the Protection of All Persons from Enforced Disappearance. It has 10 members. The preparation offers an occasion for each State party to: (a) Conduct a comprehensive review of the measures it has taken to harmonize domestic law and policy with the provisions of the international human rights treaties to which it is a party; (b) Monitor progress made in promoting the enjoyment of the rights set forth in the treaties in the context of the promotion of human rights in general; (c) Identify problems and shortcomings in its approach to the implementation of the treaties;

(d) Assess future needs and goals for more effective implementation of the treaties; and (e) Plan and develop appropriate policies to achieve these goals.

Session 2 UN Gift The challenges to eradicate human trafficking are significant, but are known and can be addressed. They include: Lack of knowledge Lack of a national legal framework Lack of policy and capacity to respond Limited protection of and assistance to victims Limited international cooperation

UN.GIFT has 10 objectives: Awarenessdemonstrate to the world that human trafficking exists and mobilize people to stop it. Strengthen preventionto inform vulnerable groups and alleviate the factors that make people vulnerable to trafficking. Demand to attack the problem at its source by lowering incentives to trade and lowering demand for the products and services of exploited people. Support and protection of victims to ensure medical, psychological and material assistance, keeping in mind the special needs of women and children and people at risk, such as those in refugee camps and conflict zones. Law enforcementto improve information exchange on trafficking routes, trafficker pro- files and victim identification in order to dismantle criminal groups, convict more traffick- ers and ensure that the punishment fits the

crime. International commitmentsto ensure that international commitments are turned into national laws targeting technical and legal assistance to countries in greatest need and to monitor implementation. Datato deepen global understanding of the scope and nature of trafficking in persons by more data collection and analysis, better datasharing, joint research initiatives and evi- dence-based reports on global trafficking trends. Partnershipto build up regional and thematic networks involving civil society, intergov- ernmental organizations and the private sector. Resourcesto attract and leverage resources for the sustainable funding of projects around the world committed to ending human trafficking. Member States participationto give Member States a strong sense of ownership in the process and create long-term momentum. Basic methods of entry to the transit/destination country: Covert. Smuggled entry in vehicles, containers, trains, ferries or on foot Overt. By presentation of stolen or forged documents that provide a right of entry Overt. By presentation of bona fide documents that provide false visa entitle- ments to enter or are fully legitimate Different forms of exploitation include: Forced labour Sexual exploitation body parts Criminal activities, Begging adoption Exploitation in the army Removal of organs and of Forced marriage Illicit Armed conflicts

Root causes Gender-based violence Discriminatory labour practices Patriarchal social structures Breakdown of family networks Ethnic, racial and religious marginalization Failed and corrupt Governments Lack of status Womens role in the family Power, hierarchy and social order Childrens roles and responsibilities Historical precedents of bonded labour Early and forced marriage High rates of divorce and social stigma Disruption of personal development Limited educational achievement Limited economic opportunity Categorization of trafficking groups as different business types or criminal enterprises 1. Asia) Natural resource model (prevailing in Eastern Europe and Central The focus is on short-term profits.

Women are sold as if they were a readily available natural resource such as timber or furs. The focus is on the recruitment of women and their sale to intermediaries who deliver them to the markets; most often the women are sold off to the nearest criminal group. Profits are disposed of through conspicuous consumption or are some times used to purchase another commodity with a rapid sales turnover, such as rubber boots or cars. Significant violations of human rights occur because the traffickers have no long-term interest in wresting long-term profits from the women and have no connections to their families. 2. Trade and development model (prevailing in East Asia)

Different forms of control include: Debt bondage Isolation: removal of identification and/or travel documents Isolation linguistic and social Violence and fear Reprisals against the victims family Psychologicalimprisonment and torture Magical beliefs and practices

 This model operates as a business that is integrated from start to finish. The control from recruitment to exploitation allows for long-term profits, which are very high and result in significant investment capital. Assets are returned through a system of underground banking such as through gold shops and other similar techniques. Less significant violations of human rights occur because the smugglers and traffickers have a long-term interest in wresting long-term profits from the victims, who often have connections to their families. 3. Supermarket model: low-cost and high-volume (prevailing in Central and North America) This model is based on maximizing profits by moving large numbers of people and not charging significant sums for each individual. Traffickers may exploit vulnerable individuals such as a group of deaf persons who are forced to peddle drugs or young girls who are forced into brothels. Most of the people movers specialize in this type of trade, which is based on large-scale supply and existing demand. The model requires significant profit-sharing with local border officials. Millions of dollars in profits are returned and invested in land and farms. Detection is difficult because trafficking is hidden within largescale smuggling operations. 24

Significant violations of human rights and even fatalities occur because there is little profit to be gained from each individual. 4. Violent entrepreneur model (prevailing in the Balkans) Large numbers of women are sold off by criminal groups. Victims are controlled from recruitment to exploitation.

Opportunistic use is made of the instability and civil conflict in the countries of origin. Groups take over existing markets by use of force against already established organized criminal groups. There is significant use of corruption. Very high levels of profits are used to finance other illicit activities or to invest in property and trade businesses. Extreme violations of human rights and brutal violence against victims occur. 5. Traditional slavery with modern technology (prevailing in Western Africa) Here there are multifaceted criminal groups, with trafficking in persons being one part of their criminal profile. Psychological as well as physical pressure are used. Modern transport links are combined with traditional practices.

Significant human rights violations involve victims who are exploited in the most physically dangerous conditions.

 Significant financial resources are involved. the profits are returned to the local operations of the

Small amounts of

8. To strengthen cooperation among border control agencies by, inter alia, establishing and maintaining direct channels of communication. Prosecution 1. To take measures to ensure that travel and identity documents cannot easily be misused, falsified, unlawfully altered, replicated or issued; and to ensure the integrity and security of travel and identity documents and to prevent their unlawful production, issuance and use. 2. To enact domestic laws making human trafficking a criminal offence. Such laws should also establish as criminal offences attempting to commit human trafficking; participating as an accomplice in human trafficking; and organizing or directing other persons to commit human trafficking. 3. To ensure that such legislation applies to victims of all ages and both sexes; and to distinguish clearly between trafficking in persons and other forms of irregular migration. 4. To ensure that the system of penalties is adequate, given the severity of the crime. 5. 6. To protect the privacy and identity of victims in appropriate cases. To establish measures to protect victims from revictimization.

criminal groups and occasionally to family members of the victims. Most of the profits are believed to flow into other illicit activities and are laundered. Prevention 1. To establish, together with NGOs and civil society, comprehensive regional and national policies and programmes to prevent and combat human traffick- ing and to protect the victims. 2. To implement, together with NGOs and civil society, research, information and media campaigns and social and economic initiatives to prevent and combat trafficking in persons. 3. To take measures to alleviate the vulnerability of people (women and children in particular) to human trafficking, such as measures to combat poverty, underdevelopment and lack of equal opportunity. 4. To take measures to discourage demand, that fosters exploitation, that in turn leads to trafficking in persons. 5. To provide training to relevant officials in the prevention and prosecution of trafficking in persons and in the protection of the rights of the victims. 6. To exchange information on human trafficking routes, modus operandi, trafficker profiles and victim identification. 7. To take measures to prevent means of transport operated by commercial carriers from being used in the commission of human trafficking offences.

7. To implement measures providing to victims information on proceedings and assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings. 8. To implement measures that offer victims the possibility of obtaining compensation. Protection

1. To implement measures to provide for the physical, psychological and social recovery of victims. This should include housing and counselling in a language the victims can understand, medical, psychological and material assistance, as well as employment, educational and training opportunities. The special needs of victims, in particular children, are to be taken into account. 2. To provide for the physical safety of victims following rescue.

Akayesu The Tribunal notes that while rape has been historically defined in national jurisdictions as non-consensual sexual intercourse, variations on the form of rape may include acts which involve the insertion of objects and/or the use of bodily orifices not considered to be intrinsically sexual. Akayesu is the first case that defined rape and expounded on the scope of sexual violence in International Criminal Law.109 It also departed from the usual focus found in most domestic laws where non-consent is required to be proven independently from the very act of penetration or from any overt act which is deemed to constitute as rape. In Akayesu, rape is construed as the physical invasion of a sexual nature, committed on a person under circumstances which are coercive.129 While non-consent is not mentioned as an element, it is implied because rape is committed under coercive circumstances.130 Moreover, given that the rape is to be proven within the context of genocide or crimes against humanity, the court did not deem it important to focus on consent as an independent element to be proven; neither did it give emphasis on what particular bodypart is being penetrated of a sexual nature.131 In Kunarac, however, non-consent on the part of the person being violated assumes an important element in proving rape.132 It also enumerated the specific body parts that should be involved in the commission of the crime.133 Sellers The pervasiveness of sexual violence impedes or deprives women and girls of the ability to exercise their: 1) civil and political rights; 2) economic, social and cultural rights; and, 3) third generation rights such as the right to peace and development.

3. To adopt measures that permit victims to remain in the territory, temporarily or permanently, in appropriate cases, giving consideration to humanitarian and compassionate factors. 4. To facilitate preferably voluntary return of the victim without undue or unreasonable delay, with due regard for the safety of the victim. Session 3 Gender based violence Gender-based violence (GBV) is violence that targets individuals or groups on the basis of their gender. While the most common forms of GBV are rape and sexual abuse, other forms have also been perpetrated during situations of conflict and postconflict, such as disease transmission, impregnation/miscarriages, forced nudity, kidnapping, slavery and trafficking. This can be classified into two main reasons: (1) the fact that womens bodies are seen as spoils of war and (2) GBV is perpetrated as a tool of war. Victims of GBV also suffer from psychological consequences, such as depression, anxiety, post-traumatic stress disorder, shock, memory loss, and sexual dysfunction.

Direct responsibility implicates any accused who has planned, instigated, committed, ordered, aided or abetted the execution of crimes within the jurisdiction of the Statute. The trial chamber set forth the elements for rape under crimes against humanity as follows: 1. The non consensual penetration, however slight, of the vagina or anus of victim by the penis of the perpetrator or by any object used of the perpetrator or of the mouth of the victim by the penis of the perpetrator; and 2. The intent to effect this sexual penetration and the knowledge that it occurs without the consent of the victim.128 Session 4 UN SOGI VII. Conclusions and recommendations 81. The present report summarizes only some of the information gathered by United Nations treaty bodies and special procedures, regional and non-governmental organizations on violence and discrimination based on actual or perceived sexual orientation or gender identity. A more comprehensive analysis of the human rights challenges facing LGBT and intersex persons would require a more extensive study and, in future, regular reporting. 82. Nevertheless, on the basis of the information presented herein, a pattern of human rights violations emerges that demands a response. Governments and inter- governmental bodies have often overlooked violence and discrimination based on sexual orientation and gender identity. The mandate of the Human Rights Council requires it to address this gap: the Council should promote universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner.143 With the adoption in June 2011 of resolution 17/19, the Council formally expressed its grave

concern regarding violence and discrimination based on sexual orientation and gender identity. Further action is now needed, especially at the national level, if individuals are to be better protected from such human rights violations in future. 83. The recommendations to Member States set out below, which are not exhaustive, draw on measures recommended by United Nations human rights mechanisms. 84. The High Commissioner recommends that Member States: (a) Investigate promptly all reported killings and other serious incidents of violence perpetrated against individuals because of their actual or perceived sexual orientation or gender identity, whether carried out in public or in private by State or non-State actors, and hold perpetrators accountable, and establish systems for the recording and reporting of such incidents; (b) Take measures to prevent torture and other forms of cruel, inhuman or degrading treatment on grounds of sexual orientation and gender identity, to investigate thoroughly all reported incidents of torture and illtreatment, and to prosecute and hold accountable those responsible; (c) Ensure 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, and that asylum laws and policies recognize that persecution on account of ones sexual orientation or gender identity may be a valid basis for an asylum claim; (d) Repeal laws used to criminalize individuals on grounds of homosexuality for engaging in consensual same-sex sexual conduct, and harmonize the age of consent for heterosexual and homosexual conduct; ensure that other criminal laws are not used to harass or detain people based on their sexuality or gender identity and expression, and abolish the death penalty for offences involving consensual sexual relations; (e) Enact comprehensive anti-discrimination legislation that includes discrimination on grounds of sexual orientation and gender identity among prohibited grounds and recognizes intersecting forms of discrimination; ensure that combating discrimination on grounds of sexual orientation and gender identity is included in the mandates of national human rights

institutions; (f) Ensure that individuals can exercise their rights to freedom of expression, association and peaceful assembly in safety without discrimination on grounds of sexual orientation and gender identity; (g) Implement appropriate sensitization and training programmes for police, prison officers, border guards, immigration officers and other law enforcement personnel, and support public information campaigns to counter homophobia and transphobia among the general public and targeted anti-homophobia campaigns in schools; (h) Facilitate legal recognition of the preferred gender of transgender persons and establish arrangements to permit relevant identity documents to be reissued reflecting preferred gender and name, without infringements of other human rights. 85. The High Commissioner recommends that the Human Rights Council: (a) Keep regularly informed and updated on incidents of violence and discrimination linked to sexual orientation and gender identity; (b) Encourage existing special procedures to continue to investigate and report on human rights violations affecting individuals on the basis of sexual orientation or gender identity within the context of their specific mandates. Immutability particular group of people has traditionally been subject to one of three levels of scrutiny: rational basis review, intermediate scrutiny, or strict scrutiny. While most laws are subject to only rational basis analysis, which gives great deference to the state s actions, those that discriminate based upon a suspect or quasi-suspect classification receive heightened scrutiny. In Frontiero, Justice Brennan took the notion that a trait belonging to a person through no fault of his or her own (such as the status of being illegitimate) and added to it the notion of unchangeability in using the

immutability label. IV. CONCLUSION In this article, I have attempted to argue further for a rejection of immutability in the equal protection context. While the notion of a trait being an accident of birth, and thus an unfair basis for classification, had intuitive appeal where illegitimacy was at issue, any requirement for immutability is deeply problematic in the development of equal protection doctrine with regard to the LGBT community. An immutability inquiry is inherently stigmatizing and loaded with heteronormative assumptions. As we move beyond fighting for baseline rights for the LGBT community and envision a society in which different sexual orientations are celebrated and embraced, our discourse and doctrine will hopefully catch up with our ideals. Equal Protection In Perry, the court explicitly adopted a social psychologists statement regarding the characteristics of gays and lesbians.58 In addition to dispelling the long-held prejudicial beliefs regarding the moral inferiority of gays and lesbians to non-gays, the court boldly pronounced that homosexuality is, in all likelihood, immutable.59 In other words, homosexuals are born that way. This statement is logi- cally paralleled by the findings of two independent studies determin- ing that prejudice of homosexuals is born from outdated and errone- ous misconceptions.60 The courts opinion furthers the need for other jurisdictions to understand that, like race and gender, sexual orienta- tion deserves constitutional protection from discrimination. Session 5 Towards Prior to General Comment No. 15, water as a human right was first

recognized in General Comment No. 6, on the economic, social, and cultural rights of older persons. In understanding adequacy, the UNCESCR noted that three important principles must be considered: availability, quality, and accessibility. Presently, it is the NWRB that oversees the regulation and monitoring of water utilities through five main management models: (a) local government unit managed; (b) water districts; (c) rural water and sanitation associations; (d) cooperatives; and (e) private small water utilities.l A possible way of addressing the problems previously discussed is through the human rights-based approach. A human rights-based approach to development is one that sets the achievement of human rights as an objective of development. Through the use of human rights as a framework of development policy, this approach enables the utilization of the international apparatus of human rights accountability in support of development action. In all of these, it is concerned not just with civil and political rights, but also with economic, social and cultural rights. The World Commission on Environment and Development the Brundtland Commission defines sustainable development as development that meets the needs of the present without compromising the ability of future generations to meet their own needs. Among the main functions of this proposed national agency for the water sector should include, at the minimum: PAGE 16 OF 29 Creation of policies towards the sustainable use and protection of water systems resources, ensuring participation of relevant local stakeholders in policy development;

Setting standards for and ensure increased access to water, water quality and availability, and efficient distribution of water to households, communities, and industries; Adoption of streamlined processes for privatization of water utilities at the local level; and Supervision over all water utilities operating in the country. Amitav Acharya identifies seven components of human security, which resonates with the concerns commonly associated with NTS, namely: (a) Economic security (assured basic income)[;] (b) Food security (physical and economic access to food)[;] (c) Health security (relative freedom from disease and infection)[;] (d) Environmental security (access to sanitary water supply, clean air[,] and a nondegraded land system)[;] (e) Personal security (security from physical violence and threats)[;] (f) Community security (security of cultural identity)[; and] (g) Political security (protection of basic human rights and freedoms). It is in this light that it seems reasonable that glocality, which means combining global and local elements within human activities,55 can provide an interesting and coherent analytical framework that draws attention to fusions between global and local processes and players[.]56