SOGIESC issues at the UN Treaty Bodies (October - December 2021)

 

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 October - December 2021.

This report provides information on SOGIESC references made by UN Committees in their Lists of Issues and Concluding Observations under country periodic review process, as well as adopted General Comments and Individual Complaints.

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
October - December 2021
in English - en español

 

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

Armenia

Azerbaijan

Bolivia

Botswana

Guatemala

Ecuador

Germany

Indonesia

Kyrgyzstan

Maldives

Netherlands

Nicaragua

Russia

Saudi Arabia

South Africa

Sweden

Thailand

Ukraine

 

 

Armenia

Bolivia

Canada

Chad

Greece

Kyrgyzstan

 

Mauritania

Nigeria

North Macedonia

Peru

Romania

State of Palestine

 

 

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

[Bold] = SOGIESC-inclusive questions or recommendations 

Committee

Session / PSWG

Countries

CERD

105 Session: 15 Nov – 03 Dec 2021

Lists of Issues:

 

 

Concluding Observations:

Chile, Denmark, San Marino, Singapore, Switzerland, Thailand, Trinidad and Tobago

 

Chile, Denmark, Singapore, Switzerland, Thailand

CESCR

70 Session: 27 Sep – 15 Oct 2021

69 PSWG: 18-22 Oct 2021

Concluding Observations:

 

Lists of Issues:

 

Follow-up:

Azerbaijan, Bolivia, Bosnia and Herzegovina, Kuwait, Nicaragua

 

 

Armenia, Chad, Mauritania, Qatar, Romania, State of Palestine

 

Cameroon, Estonia, Kazakhstan, Mauritius, South Africa

HRCtee

133 Session: 11 Oct – 5 Nov 2021

Lists of Issues:

 

Concluding Observations:

 

Follow-up:

Greece, North Macedonia

 

Armenia, Botswana, Germany, Ukraine

 

 

Dominican Republic, Hungary, Jordan, Mauritius

CEDAW

80 Session: 18 Oct – 12 Nov 2021

Concluding Observations:

 

Follow-up:

Ecuador, Egypt, Indonesia, Kyrgyzstan, Maldives, Russia, South Africa, South Sudan, Sweden, Yemen

 

Austria, Ethiopia, Fiji, Liechtenstein, Qatar, Serbia, United Kingdom

CAT

72 Session: 08 Nov – 03 Dec 2021

Lists of Issues:

 

Concluding Observations:

Canada, Guatemala, Netherlands, Peru, Saudi Arabia

 

Bolivia, Kyrgyzstan, Lithuania, Nigeria, Serbia, Sweden

CMW

33 Session: 27 Sep – 08 Oct 2021

Concluding Observations:

Azerbaijan, Rwanda

 

PSWG – Pre-Sessional Working Group | CERD – Committee on the Elimination of Racial Discrimination | CESCR – Committee on Economic, Social and Cultural Rights | HRCtee – Human Rights Committee | CEDAW – Committee on the Elimination of Discrimination against Women | CAT – Committee against Torture | CMW – Committee on Migrant Workers

 

Percentage of SOGIESC-inclusive Lists of Issues (October-December 2021)

Percentage of SOGIESC-inclusive Lists of Issues (October-December 2021)

 

Percentage of SOGIESC-inclusive Concluding Observations (October-December 2021)

Percentage of SOGIESC-inclusive Concluding Observations (October-December 2021)

 

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

 

CMW

General comment No. 5 (2021)

on migrants’ rights to liberty, freedom from arbitrary detention and their connection with other human rights

 

 

 

 

 

 

 

Three references to LGBTI:

·       In the case of migrant workers and their families who are in vulnerable situations, States’ duty of due diligence to effectively protect is greater than in other cases; they should, in particular, take reasonable measures to prevent the deprivation of liberty of those persons. States should avoid detaining migrants who have specific needs or who are particularly at risk of exploitation, abuse, gender-based violence, including sexual violence, or other human rights violations in the context of detention. That includes pregnant and breastfeeding women, older persons, persons with disabilities, survivors of torture or trauma, persons who are victims of crimes such as trafficking, migrants with special physical or mental health needs, lesbian, gay, bisexual, transgender and intersex persons, refugees, asylum seekers and stateless persons. […]. (para 46)

·       The Committee has received information about various acts of violence, particularly sexual violence, child and forced labour and trafficking for the purpose of sexual exploitation, perpetrated against migrants who have been deprived of their liberty. Women, children, persons with disabilities and members of the LGBTI+ community are highly vulnerable to abuse in immigration detention centres. In some cases, the abuse amounts to torture. The Committee notes that migrants are at an increased risk of human rights violations while in detention, and States have an ex-officio obligation to prevent, investigate, prosecute and punish any acts of torture, cruel, inhuman or degrading treatment or punishment or other human rights violations by detention facility personnel, detainees or any other person. (para 71)

·       In order to guarantee that immigration detention takes place in non-punitive facilities, the States must ensure, among others, that: […] (b) men and women remain separated, taking into consideration the particular needs of LGBTI+ people; […] and (f) other measures are taken that enable detainees to have an adequate standard of living, which includes appropriate clothing and bedding, heating, sufficient food in line with the physical and health conditions of the migrants and their religious beliefs, and the rights to access to safe water and sanitation and to health care, including health care professionals, independent from detaining authorities. In addition to physical conditions, States should ensure that there are sufficient staff, both men and women, who must be adequately trained in human rights and gender issues and qualified to work with groups of persons who are in vulnerable situations. (para 85)

  

Individual Communications

This section contains information about decisions made by the Committees on individual complaints. 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.

No decision on SOGIESC were made in October -December 2021.

 

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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