4.7 Core Protection and Specific Groups
The rights of these groups are often contested and controversial. NHRIs are often the only ones that can speak out and come forward in defence of vulnerable groups, and sometimes in the face of trenchant public critique. When it comes to core protection, these groups are especially vulnerable.
- Women
- Children
- Persons with disabilities
- Older persons
- Migrant workers
- Minorities
- Indigenous peoples
- Persons with HIV/AIDS
- Lesbian, gay, bisexual and transgendered persons
- Refugees and displaced persons
- Human rights defenders.
Many of these can be treated as intersectional issues, that is, issues where the victim is both a woman and a lesbian, and/or has been trafficked, or is also a refugee. An example of this is the case of LGBT persons in South Africa, where victims of attacks are women, people of colour, and people with HIV/AIDS.
In South Africa, open harassment and violence towards LGBT people is common. Rape of black and coloured homosexual men occurs frequently. There are reports of “curative rape” of black and coloured lesbians in townships, meaning that young lesbians are raped by a man with consent from their family to “cure” them from lesbianism. Because of the high prevalence of rape, prevalence of HIV/AIDS among black South African lesbians is reported to be as high as in the general population. Homophobia is common among all social groups in South Africa but negative attitudes and homophobic statements are rarely reported to the police. The church still have [sic] leaders who openly condemn homosexuality as well as other religious leaders that express negative attitudes. There have been bombs placed in gay/lesbian venues in Cape Town, and local Muslim groups that have claimed responsibility. There is a misconception and confusion among the general population regarding homosexuality and paedophilia, and an apparent lack of knowledge in the general public that homosexuality is something separate from paedophilia.12
UNCT staff and NHRI staff need to work towards deepening the understanding of how these multiple identities operate to weaken and destabilize the basic rights – civil, political, social, economic and cultural – of people simply because of who they are. NHRIs have a particular role in standing up for and protecting these vulnerable people, and calling on the government to ensure equality. Women’s equality in this area has been particularly highlighted by UNCT staff and is highlighted in the next section.