SOGIESC issues at the UN Treaty Bodies (Jan-Mar 2020)
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Dear friends and fellow activists,
we are glad to share with you the latest issue of our UN Treaty Bodies quarterly reports, covering the period from January to March 2020.

These reports provide with main information on SOGIESC references made by UN Committees in their Lists of Issues and Concluding Observations under countries' periodic review process, as well as on the General Comments and Individual Complaints that were adopted.

If you have any questions or comments regarding this Quarterly Report or engagement with Treaty Bodies, please contact us on untreaties@ilga.org.
The complete list of our reports on Treaty Bodies sessions is available here.

 

Download the latest quarterly Treaty Bodies report

January - March 2020

 

SOGIESC-inclusive Concluding Observations

 

SOGIESC-inclusive Lists of Issues

Þ     Check LGBTI recommendations to your country

Þ     Organize follow-up activities to inform your community about recommendations and to encourage your government to implement the recommendations

 

Þ     See what information was requested from your country before the formulation of recommendations

Þ     Collect information and provide your comments to inform Treaty Bodies’ future recommendations

 

Austria

Belarus

Belgium

Bulgaria

Central African Republic

Cook Islands

Costa Rica

Dominica

Guinea

Hungary

 

Latvia

Pakistan

Portugal

Republic of Moldova

Tunisia

Tuvalu

Ukraine

Uzbekistan

Zimbabwe

 

Azerbaijan

Chile

Czech Republic

Democratic Republic of the Congo

Gambia

Germany

Greece

Haiti

Japan

Kenya

Kiribati

Montenegro

Nicaragua

Philippines

Senegal

Somalia

South Africa

Sri Lanka

Ukraine

United Kingdom

Uzbekistan

Zambia

 

Treaty Bodies statements on COVID-19

This section contains information about statements released by Treaty Bodies in the framework of the COVID-19 pandemic.

Committee

Statement

CRC

 

The Committee on the Rights of the Child warns of the grave physical, emotional and psychological effect of the COVID-19 pandemic on children and calls on States to protect the rights of children

 

CEDAW

Call for joint action in the times of the COVID-19 pandemic

 Guidance note on CEDAW and COVID-19

CESCR

Statement on the coronavirus disease (COVID-19) pandemic and economic, social and cultural rights

HRCtee

Committee adopts statement on derogations from the Covenant in connection with the COVID-19 pandemic, 24 April 2020

CRC – Committee on the Rights of the Child | CEDAW – Committee on the Elimination of Discrimination against Women | CESCR – Committee on Economic, Social and Cultural Rights HRCtee – Human Rights Committee 

: reference to LGBTI issues

 

 

Country-specific questions and recommendations

This section contains information about recommendations in Concluding Observations, as well as questions in Lists of Issues to specific countries under country periodic review process. [Bold] =  SOGIESC-inclusive questions or recommendation

 

Committee Session / PSWG

Countries

CRC

83rd Session: 20 Jan–07 Feb 2020

86th PSWG: 10–14 Feb 2020

84th Extraordinary Session: 02-06 Mar 2020

State reports:

Austria, Belarus, Costa Rica, Hungary, Rwanda, State of Palestine

Lists of Issues:

 

State reports:

 

Chile, Cuba, Djibouti, Gambia, Greece, Kiribati, Madagascar, Somalia, Zambia

 

Cook Islands, Federated States of Micronesia, Tuvalu

CEDAW

75th Session: 10 Feb–28 Feb 2020

77th PSWG: 02 –06 Mar 2020

State reports:

Afghanistan, Bulgaria, Eritrea, Kiribati, Latvia, Pakistan, Republic of Moldova, Zimbabwe

Lists of Issues:

Azerbaijan, Germany, Japan, Nicaragua, Senegal, South Africa, Ukraine, Yemen

CESCR

67th Session: 17 Feb–06 Mar 2020

66th PSWG: 09 –13 Mar 2020

State reports:

Belgium, Benin, Guinea, Norway, Ukraine

Lists of Issues:

Canada, Chile, Czech Republic, Democratic Republic of the Congo, France, Italy, Uzbekistan

HRCtee

128th Session: 02–27 Mar 2020

State reports:

Central African Republic, Dominica, Portugal, Tunisia, Uzbekistan

Lists of Issues:

Burkina Faso, Haiti, Kenya, Montenegro, Philippines, Somalia, Sri Lanka, United Kingdom

 PSWG – Pre-Sessional Working Group | CRC – Committee on the Rights of the Child | CEDAW – Committee on the Elimination of Discrimination against Women | CESCR – Committee on Economic, Social and Cultural Rights | CED – Committee on Enforced Disappearances | HRCtee – Human Rights Committee

 

The chart shows the Percentage of SOGIESC-inclusive Concluding Observations by Treaty Bodies (January-March 2020)

General comments

This section contains information about General Comments (General Recommendations) adopted by Treaty Bodies. These documents provide the Committees’ interpretation of the content of human rights provisions regarding thematic issues or methods of work.

Committee

General Recommendation

CESCR

General Comment No. 25

on Article 15.1.b of the ICESCR (the right to enjoy the benefits of scientific progress and its applications)

 

Three references to SOGIESC:

●         States must adopt measures to enable all individuals and groups to enjoy the Right to Participate and to Enjoy the Benefits from Scientific Progress and its Applications (RPEBSPA) without discrimination, including on the grounds of SOGI (para. 25).

●         Special attention should be paid to certain groups who have experienced systemic discrimination in the enjoyment of their RPEBSPA, such as LGBTI persons (para. 28).

●         Obligation to protect: States must prevent non-state actors from interfering with the RBESPA when said actors prevent access to knowledge or discriminate on the basis of SOGI (para. 43).

 CESCR – Committee on Economic, Social and Cultural Rights | ICESCR – International Covenant on Economic, Social and Cultural Rights

 

Individual complaints

This section contains information about decisions made by the Committees on individual complaints. An individual complaint is a formal complaint - from an individual who claims that their rights under one of the treaties have been violated by a State party - which most of the Treaty Bodies are competent to consider.

Committee | Decision

Treaty’s articles | Issue | Result

CEDAW

O.N. and D.P. v. Russian Federation

Communication no. 119/2017

Decision of 24 Feb 2020

Arts. 1,  2 (b)—(g), 5(a) of the CEDAW Convention

Access to justice and effective remedy / violence and discrimination against women on the basis of their sexual orientation

Violation

 CEDAW – Committee on the Elimination of Discrimination against Women | CEDAW Convention – Convention  on the Elimination of All Forms of Discrimination against Women

 

Summary of sessions: country periodic reviews

This section contains more detailed information on SOGIESC questions, recommendations and follow-up reviews adopted by specific Committees under the country periodic review process. To see the summary of sessions, please download the full report.

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