A/HRC/43/48 are obligated to modify or abolish existing laws and policies that constitute discrimination against women. Both the International Convention on the Rights of Persons with Disabilities and the Convention on the Elimination of All Forms of Discrimination against Women contain express obligations on States to eliminate harmful gender stereotypes as part of the States’ obligations to ensure equality. 46 Additionally, gender-based violence, that is “physical, sexual and psychological harm (including intimidation, suffering, coercion, and/or deprivation of liberty within the family, or within the general community)”,47 directed against heterosexual women or LGBT+ persons is recognized as a prohibited form of discrimination in international law.48 63. International law has further evolved beyond narrowly focused, physiologically based interpretations and applications of the right to non-discrimination on the grounds of “sex”. The Human Rights Committee,49 the Committee on the Elimination of Discrimination against Women, 50 the Committee on the Elimination of Racial Discrimination, 51 the Committee against Torture,52 numerous special procedure mandates (see, for example, A/HRC/38/46, para. 14; A/HRC/35/23, para. 16; and A/56/156, para. 19) and regional human rights systems 53 all recognize that sex-based discrimination amounts to gender-based discrimination, which is understood in international law as discrimination arising from the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for the different sexes.54 The Human Rights Committee recognizes that “sex” referred to in articles 2 (1) and 26 of the International Covenant on Civil and Political Rights includes sexual orientation55 and that article 26 of the Covenant encompasses discrimination on the basis of gender identity, including transgender status.56 The Committee on Economic, Social and Cultural Rights has also made clear that sexual orientation and gender identity based discrimination is covered by articles 2 (2) and 3 of the Convention. 57 The Committee on the Elimination of Discrimination against Women recognizes that discrimination against women is “inextricably linked to other factors that [affect] their lives”, including having a transgender status. 58 Twenty-four special procedure mandate holders have jointly affirmed “the wide recognition of gender as a social construct that permeates the context in which human rights abuses take place”.59 64. Non-discrimination is not an unqualified right, as in some, albeit very limited, circumstances “objective and reasonable criteria” may be invoked to justify exemptions from 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Convention on the Elimination of All Forms of Discrimination against Women, art. 5 (a); and International Convention on the Rights of Persons with Disabilities, art. 8 (1) (b). World Health Organization, Violence Prevention: The Evidence (2009), p. 3, box 1. Available at www.who.int/violence_injury_prevention/violence/gender.pdf. Committee on the Elimination of Discrimination against Women, general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19. See Mellet v. Ireland (CCPR/C/116/D/2324/2013) and Whelan v. Ireland (CCPR/C/119/D/2425/2014). See Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention. See Committee on the Elimination of Racial Discrimination, general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination. See Committee against Torture, general comment No. 2 on the implementation of article 2, para. 22; and CAT/C/57/4. See, for example, Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence; and Inter-American Court of Human advisory opinion OC-24/17 of 24 November 2017, para. 32. See also A/CN.4/L.935, art. 2 (1) (h). See, for example, Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention. See Toonen v. Australia (CCPR/C/50/D/488/1992). See G. v. Australia (CCPR/C/119/D/2172/2012). See Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on nondiscrimination in economic, social and cultural rights. See Committee on the Elimination of Discrimination against Women, general recommendation No. 35. See www.ohchr.org/Documents/Issues/Executions/LetterGender.pdf. 15