Sexual Rights @ UPR19

The 19th session of the Universal Periodic Review (UPR) was held at the Human Rights Council (HRC) from April 28 – May 9 2014.

14 countries were reviewed during UPR 19 including: Albania, Bhutan, Brunei Darussalam, Côte d’Ivoire, Costa Rica, Democratic Republic of the Congo, Democratic People’s Republic of Korea, Dominica, Ethiopia, Equatorial Guinea, Nicaragua, Norway, Portugal and Qatar. The outcome reports of these reviews will be adopted during the 27th session of the HRC session in September 2014.

The Sexual Rights Initiative (SRI) collaborated with national NGOs in several of the countries under review to prepare stakeholder submissions and advocate for strong recommendations on sexual and reproductive rights. They include:

• MULABI, (Costa Rica)
• Si jeunesse savait, (DRC)
• MiRiDom, (Dominica)
• Ipas, Grupo Estrategico por la Despenalizacion del Aborto Terapeutico en Nicaragua (Nicaragua)
• Sex og Politikk (Norway)
• Portuguese Family Planning Association (AFP), (Portugal)
• Isabel Nunes (Seres) (Portugal)

During each country’s review, States made several recommendations regarding sexual and reproductive rights which are testament to the excellent submissions and advocacy by sexual and reproductive rights advocates from a variety of organizations and coalitions.

Sexual and reproductive rights recommendations included those related to: violence against women, including sexual violence (and survivors’ access to services and information), early and forced marriage, female genital mutilation, women’s political participation, discrimination on the basis of sexual orientation, gender identity and expression, among other issues.

Room for improvement

Issues that were not addressed or insufficiently addressed by States include: reproductive rights (including abortion), adolescents’ sexual and reproductive rights, comprehensive sexuality education, family planning, criminalization of sex work; criminalization of HIV transmission; sexual and reproductive rights trans* people; laws and policies that restrict access to sexual and reproductive health services, education and information; and accountability mechanisms for sexual and reproductive rights violations beyond instances of violence.

Adoption of UPR Reports September 2014

The outcome report for each State under Review during UPR 19 will be adopted at the 27th session of the HRC in September 2014. The outcome report indicates which recommendations the State under review will agree to implement. This is the only opportunity for civil society to make an oral statement during the official UPR process. The SRI, in collaboration with partners and allies, will work to ensure that sexual and reproductive rights are visible during this segment of the UPR process.

If you would like more information on the UPR process and how to get involved, please review the SRI UPR Toolkit for Sexual Rights advocates published jointly with IPPF. You can access it here in English, French, Portuguese, Spanish and Arabic.

 

 

 Country Highlights from the 19th session of the UPR

 

Albania

Accepted:

• Study the possibility of strengthening the measures to fight discrimination, in order to eradicate the trend and/or the dissemination of stereotypes that lead to discrimination on the grounds of sexual orientation (Argentina);
• Continue to provide, in accordance with its obligations under International Human Rights Law, the widest possible protection and support for the family, as the natural and fundamental unit of society (Egypt).

Deferred:

• Develop programmes and policies that foster norms and attitudes of zero tolerance for harmful and discriminatory attitudes towards gender, including the preference for sons, which can result in harmful and unethical practices such as prenatal sex selection (Netherlands).

 

Bhutan

Accepted:

• Formulate awareness raising activities in the efforts to prevent the practice of child marriage and to consider improving the availability of antenatal and postnatal services to women (Slovenia);
• Adopt a comprehensive approach to include providing a healthy environment, safe water and sanitation and proper childcare, encouraging exclusive breastfeeding and improving the education and the health of mothers, in order to reduce the mortality rate of children under five (Ireland).

Deferred:

• Decriminalize sexual acts between consenting same-sex adults (United States of America, France);
• Continue to provide, in accordance with its obligations under International Human Rights Law, the widest possible protection and support for the family, as the natural and fundamental unit of society (Egypt).

 

Brunei Darussalam

Deferred:

• Decriminalize sexual activity between consenting adults, and repeal all provisions of the newly enacted Penal Code discriminating against women and sexual minorities and introducing cruel or inhuman forms of punishment (Czech Republic);
• Amend Article 375 of the Penal Code, dealing with the crime of rape, in order to remove the exception for sexual intercourse by a man with his wife (Ireland)
• Address specifically the root causes of gender violence by promoting awareness programs in the education sector and by the economic empowerment of women (Spain);
• Continue enhancing its efforts for strengthening the family institution and to empower women and ensure their enjoyment of their legitimate rights and ensure women’s effective participation in the decision-making (Sudan).

 

Côte d’Ivoire

Accepted:

• Intensify its efforts to combat violence against women by criminalizing and implementing comprehensive laws prohibiting sexual and gender-based violence and female genital mutilation, and by providing the necessary support to victims of sexual and gender-based violence (Liechtenstein);
• Include in its criminal law the definition of rape and other crimes of a sexual nature, according to International Law (Uruguay);
• Strengthen efforts to reduce the incidence of maternal mortality (South Africa).

Rejected:

• Take further steps to prevent discrimination on the grounds of gender identity and sexual orientation and to raise awareness on its consequences (Netherlands).

Deferred:

• Better protect LGBTI persons and persons with AIDS against any act of discrimination and violence and review its legislation in this context (Switzerland).

 

Costa Rica

Deferred:

• Revise the law on abortion in order to identify other circumstances in which abortion could be permitted, particularly abortion in cases of pregnancy resulting from rape or incest (Belgium);
• Take steps to guarantee full and effective recognition of sexual and reproductive rights, notably through the decriminalization of voluntary interruption of pregnancy (France);
• Design awareness raising policies and programs regarding prevention of discrimination of LGBT and to provide equal rights for LGBT. In practical terms this means providing better access to justice for people whose rights have been infringed because of their gender identity, gender expression or sexual orientation; it also means allowing cohabitation contracts to same sex couples in order to remove inequalities relating to inheritance, health care, social security; and finally it means removing discriminatory provisions from the Criminal Code and other laws and regulations (Netherlands);
• Fight discrimination against LGBT persons both in law and practice, which impacts on the possibilities of education, justice and access to health services, with emphasis on the difficulties faced by trans people (Uruguay);
• Step up measures for the protection of the rights of women and girls and take steps to establish and bolster the family regime and strengthen its legal arsenal related to family aspects (Mauritania);
• Continue to implement its various programmes to reduce HIV prevalence and to improve access to quality healthcare by its people (Singapore).

 

Democratic Republic of the Congo

Accepted:

• Adopt provisions prohibiting polygamy, early marriages, female genital mutilation and levirate (Israel);
• Establish a programme of medical, psychological and social assistance for teenage mothers and develop a support network for young women to continue their studies (Mexico).

Already being implemented:

• Withdraw the discriminatory provisions contained in their Family Code and adopt the draft Law on Gender Equality (Israel);
• Ensure the effective implementation of the National Strategy on maternal and child mortality, including through addressing root causes of under-five mortality, such as poverty, under-nutrition, harmful practices, lack of access to safe drinking water, health care services and education (Ireland).

 

Democratic People’s Republic of Korea

Deferred:

• Bring an end to the practice of forced abortion (Canada);
• Carry out reproductive health strategy and other programmes for the women’s health with a view to reducing maternal mortality rate as set in the MDG (Turkmenistan).

 

Dominica

Accepted:

• Implement education and awareness raising programmes on gender equality in the framework of efforts to combat stereotypes conducive to domestic violence and discrimination against women (Mexico).

Deferred:

• Take the necessary measures to reduce prejudices and discrimination based on the sexual orientation of the person (Argentina);
• Repeal all provisions that criminalize same sex relations, including in particular Article 16 of the Sexual Offences Act (Germany).

 

Ethiopia

Accepted:

• Increase the resources devoted to the prevention of violence against women and female genital mutilations (Italy);
• For the continued development of the country, take into account and support the family, based on the stable relationship between a man and a woman, as the natural and fundamental unit of society, both in taxation and general legislation (Holy See);
• Step up efforts to improve health services and reduce the maternal mortality rate, including through the allocation of increased resources for healthcare provision in rural areas (State of Palestine).

Rejected:

• Amend the Penal Code to decriminalize homosexuality (Portugal).

Deferred:

• Amend the Criminal Code and the Federal Family Code in order to criminalize marital rape and female genital mutilation (Honduras).

 

Equatorial Guinea

Accepted:

• Continue to ensure that all pregnant women are provided with diagnosis for HIV/AIDS and access to antiretroviral treatment free of charge, in order to prevent mother-to-child transmission (Thailand);
• Take all necessary measures to improve women’s access to reproductive health and related services (Armenia).

Deferred:

• Strengthen public policies allowing the elimination of forced and early marriage, levirate and other harmful practices threatening the rights of women (Paraguay);
• Initiate an awareness raising campaign on the importance of equal rights for LGBT persons, in order to foster a climate of true social acceptance in the spirit of the Constitution of Equatorial Guinea (Netherlands);
• Continue efforts for the implementation of the road map aimed at reducing maternal mortality of a half by 2015, and of 80% by 2020 (Algeria).

 

Nicaragua

Accepted:

• Take steps to further strength the framework for the protection of family rights including early adoption and implementation of Family Code (Pakistan);
• Provide universal access to safe and comprehensive sexual and reproductive health services and examine the link between gender-based violence and sexual and reproductive rights (Australia);
• Ensure that adequate information on family planning and the regulation of fertility is publicly available (Finland).

Rejected:

• Take measures to guarantee the full and effective recognition of sexual and reproductive rights, especially through the decriminalization of abortion (France);
• Repeal its current legislation that criminalises the termination of pregnancies in all circumstances, including in cases of rape, incest and situations where the life of the mother is at risk (Finland).

Deferred:

• Continue the increased respect for LGBT rights and assure the approval of an inclusive Family Code respectful of the right to gender identity and sexual orientation (Norway).

 

Norway 

Deferred:

• Strengthen the legal definition of rape by grounding it in lack of consent, rather than the use or threat of force, to ensure that the law provides better protection for survivors (United States of America);
• Continue to take steps to ensure the rights of LGBT persons, women, ethnic minorities, and persons with disabilities are protected, including through implementation of the four new anti-discrimination acts that entered into force in January 2014 (Australia);
• Provide, in accordance with its obligations under International Human Rights Law, the widest possible protection and support for the family, as the natural and fundamental unit of society (Egypt).

 

Portugal

Deferred:

• Foster and safeguard the family, based upon the stable relationship between a man and a woman, as the natural and fundamental unit of society (Holy See);
• Take all necessary measures to guarantee the protection of the family, and lay down an efficient system for families in order to guarantee the enhancement of social cohesion and prevent family disintegration and social fracturing (Mauritania).

 

Qatar

Accepted:

• Continue strengthening the family and family values (Malaysia).

Deferred:

• Amend the Law of 22 of 2006 regarding family and personal status matters to eliminate those provisions that lead to discrimination against women, for example that marital rape is not a crime (Spain).