A/74/255 Segregation policies 45. Even in countries where non-discrimination is enshrined in the law, the Committee on the Elimination of All Forms of Racial Discrimination has expressed concern over practices of segregation preventing marginalized castes, including Dalit (CERD/C/NPL/CO/17-23), non-citizens and asylum seekers from accessing some public places and facilities of general use such as places of worship, restaurants and stores, in violation of articles 2 and 5 of the Convention (see CERD/C/JPN/CO/7-9, para. 15; and CERD/C/CHE/CO/7-9, para. 17). Public authorities must take effective action to end any such discriminatory practices, including on the basis of origin, nationality and ethnicity, in compliance with international human rights standards. Sexual orientation and gender identity 46. Utilizing public spaces has been a critical tool in the struggl e for dignity and equality and for increasing the visibility of the rights claims of those facing discrimination and violence on the basis of their sexual orientation or gender identity. Pride and other commemoration marches take place in most regions of t he world. 47. At the same time, public spaces are still the site of human rights violations, hate crimes, discrimination, including through laws and regulations, and violence and harassment of persons on the basis of their sexual orientation and gender identity. Oftentimes, these violations are justified in the name of “public morals”. 48 This must be effectively tackled. 48. There is a need for public authorities to take action to ensure the protection of lesbian, gay, bisexual, transgender, gender-diverse and intersex persons from shaming, exclusion and abuse in public spaces, including by changing discriminatory attitudes. Such a change in mindsets requires continued engagement and strong signals of inclusion and official support, such as awareness-raising campaigns and the display of rainbow flags on publicly owned buildings. Children and youth 49. “Adolescents’ right to rest and leisure and to engage and participate freely in play, recreational and artistic activities, both online and offli ne, are fundamental to their exploration of identity, enabling adolescents to explore their culture, forge new artistic forms, create relationships and evolve as human beings ”. 49 Public spaces are often the only places adolescents can pursue these objective s and develop who they are in relation to other adolescents and the rest of society. 50 50. Fear of and hostility towards adolescents in public spaces, and a lack of adolescent-friendly urban planning and educational and leisure infrastructure, can inhibit their freedom to engage in recreational activity and sports. Curfews and high - __________________ 48 49 50 14/24 See contribution by the International Commission of Jurists and its report Living with Dignity, Sexual Orientation and Gender Identity-Based Human Rights Violations in Housing, Work, and Public Spaces in India (June 2019), p. 104. See also contribution by Equal Ground asking for the amendment of Laws 365 and 365A in Sri Lanka; CCPR/C/BHR/CO/1, paras. 23–24; and the 2019 report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity to the General Assembly ( A/74/181), in particular its paragraphs 29–32 and 101 (e). Committee on the Rights of the Child general comment No. 20 (2016) on the implementation of the rights of the child during adolescence (CRC/C/GC/20, para. 75). Karen Malone, “Street life: youth culture and competing uses of public space”, Environment & Urbanization, vol. 14, No. 2 (October 2002). 19-13014

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