33. Likewise, the Court has pointed out that the scope of the right to nondiscrimination on sexual orientation is not limited to sexual orientation, but also includes its expression and the consequences necessary in the life project of persons. The Protection against discrimination based on sexual orientation does not relate only with a less favorable treatment for being lesbian, bisexual or gay, but also covers discrimination because a person acts according to his or her sexual orientation, by choosing to participate in consented sexual activities in private or initiating a long run couple relationship with a person of the same gender26. 34. The IACHR has recognized that the principle of equality and nondiscrimination along with accountability and effective access to reparation are part of the fundamental and transversal criteria that States must ensure in their responses to address and orient the treatment of the field of companies and human rights. On the first, claims that States must incorporate an intersectional and differential scope, including the perspective of gender, which considers the possible worsening and frequency of affectations to human rights concerning corporate activities and operations originated in discrimination on the base of protected categories such as sexual orientation or gender identity, among others. In regard to the second point, it underscores that the mechanisms, policies or legal frameworks implemented in the field of companies and human rights must aim to fight impunity through accountability from State authorities and companies, including the effective access to justice and proper reparation for the victims27. 35. The Inter American Commission has also stressed that the States must protect the right of all persons to express their sexual orientation and gender identity, and set strategies to allow the integral development of their personality and personal capabilities pursuant to offering tools to confront the stigma, stereotypes and discrimination they often face at the time of expressing their personality and identity28. In particular, exhorted the States to double their efforts to make sure companies comply with their responsibility to respect human rights of LGBTI persons. It has also recognized that companies play a major role in the change of stereotyped conceptions regarding LGBTI persons and may, by means of inclusion, foster principles of acceptance and nondiscrimination and generate a change in social perceptions against sexual diversity 29. In that context, the IACHR pointed out that States have the obligation to take measures, including domestic law dispositions, for the protection of human rights within corporate activities, which includes both substantial and procedural guarantees aiming to ensure respect of human rights at stake concerning corporate behavior involved30. This way, it has recommended the States to demand companies to carry out the due diligence on human rights matters within its operations31. On this matter the United Nations has also indicated that States must use all instruments available in order to foster due diligence on human rights matters as part of habitual corporate policies32. 36. As for the right to intimacy and autonomy, the Court has pointed out that article 11 of the Convention forbids all arbitrary or abusive interference on the private life of persons and mentions several areas of it. In that sense, the Court has held that the area of privacy stands out for being exempt and immune to invasions or abusive or arbitrary aggressions by third parties or by public authority 33. The Court has likewise claimed that “private life is a broad concept not susceptible of exhaustive definitions and encompasses, among other protected areas, sexual life and the right to establish and develop relations with other human beings. In other IHR Court. Case of Atala Riffo and girls vs. Chile. Merits, Reparations and Costs. Sentence of February 24, 2012. Serie C No. 239, para 133 and 134. 27 IACHR. Business and Human Rights: Inter American Standards. OEA/Ser.L/V/II IACHR/REDESCA/INF.1/19 November 1, 2019, para 44 and 51. 28 IACHR. Recognition of rights of LGBTI persons. OAS/Ser.L/V/II.170 Doc. 184, December 7, 2018, para 81 29 IACHR. Business and Human Rights: Inter American Standards. OEA/Ser.L/V/II IACHR/REDESCA/INF.1/19 November 1, 2019, para 385 and 386 30 IACHR. Business and Human Rights: Inter American Standards. OEA/Ser.L/V/II IACHR/REDESCA/INF.1/19 November 1, 2019, para 80 – 146. 31 IACHR. Business and Human Rights: Inter American Standards. OEA/Ser.L/V/II IACHR/REDESCA/INF.1/19 November 1, 2019, para 414.3, 32 Work group on the matter of Human Rights and transnational companies and other companies. UN Doc. A/73/163, July 16, 2018, para 93. 33 IHR Court. Case of Atala Riffo and girls vs. Chile. Merits, Reparations and Costs. Sentence of February 24, 2012. Serie C No. 239, para 161. 26 11

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