UN Human Rights Council Universal Periodic Review – Tenth Session Suggested Recommendations on Human Rights Issues Related to Sexual Orientation and Gender Identiy

Published: February 2, 2011

Nauru:

Key Issues/Recommendations: commend for pledging to decriminalise; recommend enactment of a new Criminal Code decriminalising sexual activity between consenting adults of the same sex, and take additional measures to enhance awareness and respect on these grounds. These might include implementing public education and awareness campaigns to promote tolerance and respect on these grounds; providing sensitivity training on grounds of sexual orientation and gender identity to relevant authorities, including law enforcement and judicial officers; and consider applying the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist in further policy development.

Rwanda:

Key Issues/Recommendations: commend support for inclusion of a reference to sexual orientation in the recent resolution on extrajudicial executions at the General Assembly. Recommend that Rwanda: a) prohibit discrimination on the basis of sexual orientation and gender identity; b) ensure the right to freedom of association of organisations working on these issues; and c) condemn harassment and abuse directed against people because of their sexual orientation or gender identity.

Nepal:

Key Issues/Recommendations: a) expedite the implementation of the Supreme Court ruling upholding equal rights in granting citizenship and identity documents to third gender persons; b) ensure that sexual and gender minorities have equal access to health care, housing, education, employment, goods and services and civic participation programmes without discrimination; c) allocate sufficient resources to facilitate relevant Ministries implementing the Supreme Court ruling, and to enable development of appropriate education, health, housing, employment and other support programmes for LGBTI people; d) integrate sexual orientation and gender identity throughout non-discrimination laws and programmes, including training programmes for police, security forces and other state officials; and e) engage in broad consultation with civil society working on sexual orientation and gender identity issues to ensure that any legal reform, such as the proposed new criminal and civil codes, complies with principles of equality and non-discrimination.

Saint Lucia:

Key Issues/Recommendations: welcome Prime Minister?s commitment in the budget speech to guarantee non-discrimination on grounds including sexual orientation, and recommend enactment of such measures, including on the basis of sexual orientation and gender identity. Express concern that Saint Lucia was the only State in the Latin American/Caribbean region to oppose sexual orientation inclusion in the extrajudicial executions resolution. Further recommend decriminalising same-sex activity between consenting adults; protecting human rights defenders who work on issues related to sexual orientation or gender identity, and urging Saint Lucia to condemn and investigate acts of violence, discrimination and related human rights violations and ensure that perpetrators are brought to justice.

Oman:

Key Issues/Recommendations: recommend that Oman bring its legislation into conformity with its commitment to equality and non-discrimination and its international human rights obligations by repealing any provisions which may be applied to criminalize sexual activity between consenting adults of the same sex.

Austria:

Key Issues/Recommendations: recommend that Austria: a) ensure equal protection in relation to all proscribed grounds of discrimination, including age, religion, sexual orientation and gender identity; b) enact appropriate measures to ensure the right of transgender persons to recognition of their self-defined gender identity, without requirements of divorce or surgery, in accordance with the rulings of the Austrian Supreme Court; c) take steps to ensure hate speech provisions include sexual orientation and gender identity, and to include these grounds in equality and non-discrimination programmes; d) treat same-sex relationships equally with opposite sex relationships including the right to equal consideration for adoption and access to reproductive medicine; and e) apply Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist in policy development.

Myanmar:

Key Issues/Recommendations: bring legislation into conformity with Myanmar?s commitment to equality and non-discrimination by repealing all provisions which may be applied to criminalise sexual activity between consenting adults of the same sex.

Australia:

Key Issues/Recommendations: recommend that Australia: a) enact legislation to prohibit discrimination on grounds including sexual orientation and gender identity, as soon as possible; b) take measures to ensure perpetrators are held accountable for attacks against members of marginalised communities, including on the grounds of sexual orientation and gender identity; c) provide education and awareness programmes, including on grounds of sexual orientation and gender identity, to law enforcement, judicial and other authorities; d) take measures to ensure respect for each person?s self-defined gender identity, including access to sex reassignment surgery and to official documents that reflect an individual?s gender identity, without requirements such as forced sterilization, or that the individual be unmarried; e) take measures to ensure that same-sex couples have access to the same range of relationship options as opposite-sex couples, including marriage for those who choose it; f) apply the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist in policy development.

Georgia:

Key Issues/Recommendations: recommend that: a) sexual orientation and gender identity be included as grounds in anti-discrimination legislation; b) public education and awareness campaigns be implemented to promote tolerance and respect on these grounds; c) sensitivity training on grounds of sexual orientation and gender identity be provided to relevant authorities, including law enforcement and judicial officers; d) a legislative audit be carried out, as suggested by UNAIDS, to ensure the inclusion of all vulnerable and at-risk populations in HIV programmes, and; e) the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity be applied as a guide to assist in policy development.

Saint Kitts and Nevis:

Key Issues/Recommendations: commend Saint Kitts and Nevis for its support of sexual orientation inclusion in the extrajudicial executions resolution and the OAS resolutions on human rights sexual orientation and gender identity. Recommend repeal of all provisions which may be applied to criminalise sexual activity between consenting adults.

São Tomé and Principe:

Key Issues/Recommendations: commend for supporting the GA joint statement on human rights, sexual orientation and gender identity; recommend that it bring its legislation into conformity with its commitment to equality and non discrimination, and its international human rights obligations by repealing the provisions which criminalise sexual activity between consenting adults of the same sex.

Namibia:

Key Issues/Recommendations: recommend prohibition of discrimination on the grounds of sexual orientation and gender identity in anti-discrimination legislation; further recommend that no laws are applied to criminalise sexual activity between consenting adults of the same sex.

Niger:

Key Issues/Recommendations: include sexual orientation and gender identity as grounds in anti-discrimination initiatives, and include all vulnerable populations in HIV education and prevention programmes.

Mozambique:

Key Issues/Recommendations: repeal criminal sanctions against sexual activity between consenting adults; ensure the right to freedom of association and enable the registration of NGOs working on issues of sexual orientation and gender identity, such as LAMBDA, without undue delay.

Estonia:

Key Issues/Recommendations: welcome inclusion of sexual orientation in the Equal Treatment Act and recommend that: a) gender identity also be included in the grounds of protection; b) public awareness and education programmes, including on the grounds of sexual orientation and gender identity, be developed to help advance tolerance on these grounds; c) sensitivity training on grounds of sexual orientation and gender identity be provided to relevant authorities, including law enforcement and judicial officers; d) same-sex partners be accorded the same rights and responsibilities as opposite-sex partners, and; e) the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity be applied as a guide to assist in policy development.

Paraguay:

Key Issues/Recommendations: that the bill against all forms of discrimination be adopted and enacted as soon as possible including discrimination on grounds of sexual orientation and gender identity, and that the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity be applied as a guide to assist in policy development.

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