The 45th session of the Universal Periodic was held from 22 January to 02 February 2024. 14 Countries were under review during the session: Saudi Arabia, Senegal, China, Nigeria Mauritius, Mexico, Jordan, Malaysia, Central African Republic, Monaco, Belize, Chad, Congo and Malta. In collaboration with our partners, the SRI submitted reports for Malaysia and Nigeria.

In collaboration with our partners, the SRI submitted reports for Malaysia and Nigeria. 

The UPR outcomes for each State reviewed during UPR 45 will be adopted at the 56th session of the HRC in June 2024. The outcome report indicates which recommendations the State agrees to implement and its responses to other recommendations. 

The adoption of the outcome 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.

The intervening period is an opportunity to engage in dialogue with States on accepting relevant recommendations – and, at the same time, not accepting those recommendations that are inconsistent with human rights norms and standards. It is also a means for gaining the support of the media and the general public.

 

Sexual Rights-Related Highlights

Below are some sexual rights-related highlights from each UPR 45 review. Click here for the full list of recommendations made related to sexual rights, including State responses to date. We have noted with interest the number of recommendations made by a number of states this session that call for the gender pay gap and other issues impacting women’s ability to enjoy their rights to work and to just and favourable conditions of work.

 

Belize

Accepted:

• Adopt comprehensive legislation aimed at combating discrimination, which contains a definition of discrimination, both direct and indirect, including in the private sphere, and provides for a non-exhaustive list of grounds for discrimination, including language, religious beliefs, sexual orientation and gender identity (Luxembourg);                                      
• Revise the legal definition of “childhood” to ensure that children cannot legally marry before the age of 18 (Cabo Verde);                                        
• Take actions to reduce the unemployment rate among women and to reduce the wage gap that exists between men and women, based on the principle of equal pay for work of equal value (Peru);
• Guarantee access to comprehensive adolescent and youth-friendly health services that include sexual and reproductive health, non-communicable diseases and risk factors, such as mental health, gender-based violence and child marriage and unions (Panama); 

 

Central African Republic

Accepted:

• Integrate into the national legal system the Violence and Harassment Convention, 2019 (No. 190) of the International Labour Organization, to promote the rights of women in the workplace (Togo);                          
• Work to establish a strong mechanism to protect populations from food insecurity and chronic malnutrition, as well as to protect children, women and girls from illicit recruitment, genital mutilation, sexual violence and other crimes (Cabo Verde);                                      
• Ensure universal and unhindered access to sexual and reproductive health and rights information, counselling, education and services for all, especially for adolescents (Estonia);                                        
• Prevent and combat all forms of violence against women by establishing marital rape, forced marriage, early marriage and female genital mutilation as offences (Montenegro);

 Noted:

• Conduct transparent and impartial investigations into extrajudicial executions, enforced disappearances and gender-based violence committed by State forces, armed groups and private military forces, and hold perpetrators accountable (Canada);  

 

Chad

Accepted:

• Consider ratifying the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa and the Convention against Discrimination in Education (Rwanda);                                        
• Implement a national strategy for gender equality, with sufficient resources, to eradicate patriarchal attitudes and discriminatory gender stereotypes, including on the roles and responsibilities of men and women in families and society (Costa Rica);                                                                       
• Ensure that draft laws on land and pastoral codes guarantee to women equal rights to land, water, and natural resources, regardless of their civil or marital status, or the presence of a male guardian or guarantor (Canada);                             
• Strengthen efforts to eliminate all forms of sexual and gender-based violence and other harmful practices, such as female genital mutilation and child and forced marriage; investigate and punish these acts, including those committed by religious leaders; and ensure reparations, support and necessary care for victims (Mexico);                                      
• Enforce legislative prohibitions and increase efforts to prevent violence against women and girls, including spousal rape, female genital mutilation, and child, early and forced marriage (Australia);                                       

China

Accepted:                                       

• Step up its efforts to address the imbalance in women’s development between urban and rural areas and between regions, and promote women’s development in line with economic and social development at a higher level (Côte d’Ivoire);                                      
• Continue with progress on gender-related issues such as equal representation of women in senior and leadership positions, equal pay and increased legal protection for gender-based violence victims (Cyprus); 
• Continue its efforts to address all forms of violence against women and girls, to promote gender equality and to increase women’s representation in political and public life (Mongolia);       

 Rejected:

• Ensure, as a member of the Human Rights Council, that any engagement with the current Taliban de facto authority in Afghanistan is conditional on respecting and upholding the human rights of the people of Afghanistan, particularly the rights of women and girls and other vulnerable groups (Afghanistan);      
• Implement the concluding observations of the Committee on the Elimination of Discrimination against Women and the Committee on the Rights of Persons with Disabilities recommending to immediately stop reprisals against human rights defenders, journalists and individuals belonging to minority groups (Marshall Islands); 

 

Congo

Accepted:                        

• Guarantee social protection plans for women, especially those who work in the informal sector (Ecuador);  
• Implement the commitment made at the Nairobi Summit on the twenty-fifth anniversary of the International Conference on Population and Development (ICPD25) to ensure universal availability of high-quality, affordable and safe modern contraceptives (Iceland);                            
• Increase efforts and resources to implement reforms in the educational system that guarantee the right to free compulsory education for all boys and girls, without distinction on sex, socioeconomic or ethnic grounds, among others (Uruguay);                                                              

Noted:                              

• Abolish articles 330 and 331 of the Criminal Code, as they are conducive to discrimination against persons of diverse sexual orientation or gender identities and expressions or sexual characteristics (Iceland);                                       

 

Jordan

Accepted:                                     

• Reduce the gender pay gap, as well as gender inequality in public sector positions, and combat their root causes (Colombia);                                        
• Take further measures to provide an enabling working environment for women, with regard to workplace conditions and culture, flexible working hours, fully paid parental leave and national care policies (Greece);
• Develop diagnostic and treatment protocols and a referral mechanism for drug users to national institutions and the establishment of addiction treatment centres in all governorates of the Kingdom, especially for women and children (Lebanon);                                      

Noted:                                  

• Withdraw its reservations to articles 9 and 16 of the Convention on the Elimination of All Forms of Discrimination against Women (Norway);                                        
• Amend its legislation so that women can transmit their nationality to their children, travel abroad freely and with their children without requiring permission from a male guardian, and so that women under the age of 40 years can marry for the first time without obtaining the consent of a man, on equal terms with men (Costa Rica);

 

Malaysia

Read our submissions for Malaysia here and here.   

Accepted:                                     

• Increase efforts to prevent, combat and eliminate trafficking in persons, forced marriage, sexual exploitation and child labour, especially with respect to refugee and asylum-seeking, undocumented, street and migrant children (Uruguay);                                    
• Ensure universal and unhindered access to sexual and reproductive health information, counselling, education and services (Estonia);                                                      
• Develop a comprehensive legal and policy framework for the recognition and protection of all refugees and asylum-seekers that includes the right to seek asylum, legal status and basic rights, such as work, education and health care within the next three years (Germany);                                                                         

Noted:  

• Grant citizenship to children born overseas to Malaysian mothers and non-Malaysian fathers to ensure comparable treatment to those born of Malaysian fathers and non-Malaysian mothers (United States of America); 

 

Malta    

Accepted:                                  

• Ensure that national and international climate change adaptation and mitigation strategies integrate a human rights-based approach, gender equality and the best interests of the child (Panama);
• Strengthen its public awareness programmes on the damaging effects of child marriage and female genital mutilation on the health of children; provide systematic training to officials so that they are able to recognize potential victims of these phenomena and refer them to the appropriate services; and reinforce victim protection and care programmes (Togo);                                        
• Establish a mechanism to collect disaggregated data on the incidence of hate crimes, including hate speech, based on race, colour, language, religion, ethnicity, citizenship, sexual orientation and gender identity (Costa Rica);                                        
• Respect intersex children’s right to self-determination and ban medically unnecessary surgeries (Iceland);                                        

Noted:

• Take further steps to decriminalize abortion in all circumstances and ensure that safe and legal abortion services and post-abortion care are available (Kingdom of the Netherlands);  

 

Mauritius

Accepted:                                     

• Continue efforts to further reduce neonatal, infant, under-5 and maternal mortality rates, including by adequately resourcing the national framework to improve maternal newborn health of 2019 (South Africa);
• Include age-appropriate, evidence-based and scientifically accurate education for girls and boys, focused on sexual and reproductive health and rights, in the school curricula (Colombia);                                        
• Continue its efforts to close the gap between men and women so to promote the equal participation and empowerment of women in the labour market and political institutions (Brazil);  

Noted:                              

• Include a definition of discrimination against women in national legislation and amend article 16 of the Constitution to explicitly prohibit gender discrimination in all settings, including in the private sector (Costa Rica);  
• Develop legislation that explicitly condemns the sexual exploitation of children in the field of travel and tourism and take action to strengthen oversight mechanisms for the investigation and redress of violations of children’s rights that take place within the framework of tourist activity (Peru);                                       

Mexico

Accepted:

• Continue to address social inequalities and ensure comprehensive protection against discrimination faced by women, Afro-Mexican communities, Indigenous Peoples and people living in rural areas (Burundi);
• Take the necessary and effective measures to eliminate all structural causes of impunity related to homicides, enforced disappearances and violence against women and girls, among other crimes (Cabo Verde);                                        
• Continue strengthening measures aimed at preventing, investigating and prosecuting attacks and other forms of abuse against journalists and human rights defenders, especially women human rights defenders (Argentina);                                        
• Take measures to address the structural causes of child, early and forced marriages and unions through public policies that involve children, adolescents, young people and Indigenous communities in their design, implementation and evaluation (Kazakhstan);                                       
• Harmonize legislation at the federal and state levels to fully decriminalize abortion up to 12 weeks (Luxembourg); Harmonize national and state-level legislation and policies to guarantee access to safe and legal abortion (Estonia); Harmonize legislation in line with the Supreme Court’s ruling across all states to ensure that everyone can access safe and legal abortion, regardless of place of residence (Denmark);                                                                            

Monaco

Accepted:

• Establish adequate comprehensive legislation prohibiting all forms of discrimination, especially against women, including direct and indirect discrimination in the public and private spheres, as well as intersectional forms of discrimination against women (Chile);                                      
• Abolish the default recognition of men as heads of household, either by abolishing the notion of “head of household” or by ensuring that both partners are recognized as heads of household (Luxembourg);
• Adopt measures in relation to the establishment of a mechanism that promotes gender equality, particularly with regard to equal remuneration, participation and representation of women in the professional sphere (Dominican Republic);     

Noted:                                   

• Amend article 6 of Act No. 729 of 1963 to prevent the arbitrary dismissal of foreign female workers following maternity leave (Luxembourg);                                        
• Decriminalize abortion fully, including for medical personnel (Germany);                                        

 

Nigeria

Read our submission for Nigeria here. 

Accepted:                                

• Intensify education and awareness-raising campaigns, especially among religious and traditional leaders, on harmful gender stereotypes and practices (Philippines);   
• Strengthen efforts to prevent and combat human trafficking, mainly in rural areas, in order to protect women and girls from domestic servitude on the one hand and boys and men from begging and labour exploitation on the other hand (Mali);   

 Noted:

• Decriminalize certain petty offences under existing Nigerian law, including loitering, vagabondry, hawking, alms begging, homelessness, sex work and disobedience to authorities (Germany);                           
• Repeal all provisions contrary to the principle of equality between men and women, especially regarding marriage, polygamy, divorce, inheritance and land ownership, and promote gender equality and non-discrimination (Colombia);                                   
• Take measures to ensure a safe and enabling environment for human rights defenders, particularly those promoting the rights of LGBT+ persons (Norway); 

 

Saudi Arabia

Accepted:                                       

• Establish an observatory for the continuous evaluation of compliance regarding the implementation of measures taken in favour of equal pay between men and women (Comoros);                                        
• Abolish the male guardianship system (Iceland);  
• Strengthen national social insurance protections, including by developing a social insurance scheme for maternity, with a view to creating a more enabling environment for increased female participation in the labour market (Bahamas);  
• Criminalize all forms of gender-based violence and improve complaint and reporting mechanisms in this context, especially for women migrant workers (Portugal);                                     

Noted:

• Amend the Citizenship Act to enable Saudi women to transfer their nationality to their children and spouses, on an equal basis with men (Cyprus);   

 

Senegal

Accepted:                                                                     

• Step up efforts to address prison overcrowding and improve conditions of detention, including by introducing non-custodial sentences and implementing the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) (Thailand);  
• Repeal all provisions contrary to the principle of equality between men and women, especially in the Family Code, including provisions relating to parental authority, polygamy, inheritance rights, choice of family domicile, the time limit imposed on a widowed or divorced woman for remarriage and matrimonial consent (Colombia);                                       
• Ensure that pregnant girls return to school and continue with their studies after giving birth without imposing prerequisites for readmission, such as the production of a certificate to prove the birth of a child (Botswana);    
• Establish a transparent mechanism to ensure equitable access to land and protect land rights, especially for women (Togo);      
• Finalize the revision of article 55 of the Family Code to allow all children found in Senegal of unknown parents to be registered in the civil registry, like newborn babies (Democratic Republic of the Congo).   

Noted:                                                                

• End arbitrary arrests of, discrimination against and the cruel, inhuman or degrading treatment or punishment of LGBTQI+ persons (United States of America).   

 

Read the full list of
sexual rights-related recommendations