A Guide to Litigating Identity Systems INCREASED ATTENTION TO THE RIGHTS OF SEXUAL MINORITIES 75. While designing identity systems, it is important to ensure that the rights of trans persons and gender diverse persons are not violated due to a mismatch between their self-identified gender and their sex as recorded in the identity system. The matching of identity is crucial for the realisation of all rights that are dependent on proving identity. 76. The 2018 report322 of the UN Independent Expert on protection against violence and discrimination discussed the decisions of courts in Botswana, Kenya, Chile, Colombia, Ecuador, India, Pakistan, and Bangladesh, which held that trans persons must be legally recognised, including their right to have their gender identity and, in some cases, their changed name (if any) reflected in identity documents323. The report highlights the human rights violations that occur when the names and sex details of individuals in official documents do not match their gender identity or expression. This includes arrest, harassment, abuse, violence and extortion, exclusion from school and the formal labour market, barriers in access to services such as housing, healthcare, and emergency care, and services in times of crisis.324 Although acknowledging that the manner in which data regarding identity is recorded is crucial to enjoyment of fundamental rights, the Independent Expert questioned the need for the “pervasive exhibition of gender markers in official and non-official documents” and opines that “States must refrain from 322 UN General Assembly, Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, A/73/152 (12 July 2018), https://www.un.org/en/ga/search/view_doc.asp?symbol=A/73/152 323 UN General Assembly, A/73/152 at 18. 324 UN General Assembly, A/73/152 at 12. 75