| For a summary of Paraguay’s review at the first cycle please click here. |
24th UPR session
Date of review: 20 January 2016
Date of report adoption: 12 April 2016
Document number: A/HRC/32/9
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SUMMARY SOGIESC issues during Paraguay’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
15. AI noted that in 2014, the draft anti-discrimination law that had been tabled in the Senate was rejected. AI recommended that Paraguay ensure the adoption and implementation of an anti-discrimination law that adheres to international human rights standards, in line with commitments made during the previous review, including provisions guaranteeing non-discrimination and the prevention and punishment of discrimination on all grounds, including sexual orientation and gender identity.
17. SOMOSGAY highlighted the lack of legal protection against discrimination and violence, which was a source of fear for the LGBT population. JS1 said that discrimination on the basis of sexual orientation and gender identity had been compounded by the hate speech legitimized by the State. The recommendations adopted in that regard during the first universal periodic review had not yet been implemented. JS1 recommended the adoption of public policies and the application of legislation to prevent, punish and criminalize violence and discrimination against the LGBTI population; the investigation of cases of violence against and killings of transgender persons and the establishment of protocols for action, including a reparations mechanism.
18. CODEHUPY recommended the adoption of urgent measures to prevent, punish and eliminate discrimination and violence suffered by LGBTI persons. SOMOSGAY reported on a complaint relating to police aggression during a public demonstration. JS7 recommended the investigation of cases of violence against and killings of transgender persons and the establishment of protocols for action, including a reparations mechanism.
II. Excerpts on SOGIESC issues from the national report
Culture
114. The National Cultural Council meets periodically with representatives of people of African descent and of civil society and LGBTI organizations and is holding prior consultations to designate representatives of indigenous peoples.
LGTBI persons
117. The Ministry of Health has upgraded the care it provides for vulnerable people such as LGTBI persons.
118. The Ministry of Education and Culture has implemented a project to encourage pupils to complete basic education in Asunción and in Central department and a project to promote literacy and encourage completion of basic education among sexually diverse persons in Asunción. In the national curriculum (third cycle programmes), the competencies, skills and content relevant to the prevention of all types of discrimination have been mainstreamed into the system.
119. Training courses on human rights in education were provided for teachers, headmasters and pupils (1,040 teachers, 234 headmasters and 907 students) nationwide, together with courses in the capital on educational programmes free from sexual bias. A project to combat bullying in schools began in 2011 and materials to support the project have been designed, such as a protocol to help educational establishments deal with cases of violence and bullying in schools, which has been issued to 94 per cent of schools, a teaching manual to prevent bullying and five guidebooks for teachers.
120. The Ministry of Justice has a protocol applicable to transgender person deprived of their liberty.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
20. […] The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health also made reference to discrimination against lesbian, gay, bisexual and transgender persons.
22. The Human Rights Committee recommended eliminating discrimination and guaranteeing tolerance and respect for diversity. The Special Rapporteur on extreme poverty and human rights concluded that Paraguay should ensure that public policies do not discriminate on the basis of sexual orientation or gender identity.
Right to life, liberty and security of person
28. […] The Human Rights Committee was concerned about high levels of overcrowding.93 The Committee against Torture was concerned about conditions in the psychiatric ward of Tacumbú prison, the arbitrary use of solitary confinement as a punishment and allegations of discrimination against the lesbian, gay, bisexual and transgender community in prisons. It recommended bringing detention conditions into conformity with international standards. […]
IV. References to SOGIESC issues during the Working Group review
45. Israel commended Paraguay for having taken several measures, including the adoption of the National Human Rights Action Plan and of a protocol applicable to transgender persons who had been deprived of their liberty.
75. Sweden expressed concern about gender-based and sexual violence. It noted recent reports indicating that discrimination was widespread and that little effort was made to address human rights violations against lesbian, gay, bisexual, transgender and intersex persons.
82. The United States of America remained concerned by corruption in the public and judicial sectors, and the persistence of gender-based violence and violence against journalists and lesbian, gay, bisexual, transgender and intersex persons.
V. Conclusions and/or recommendations
Paraguay accepted the following recommendations:
102.33 Further develop policies to ensure full enjoyment of rights and equality to lesbian, gay, bisexual, transgender and intersex persons (Israel);
102.38 Move towards the adoption of a comprehensive law against all forms of discrimination, including discrimination on the basis of sexual orientation and gender identity, that punishes and prohibits all forms of discrimination in public and private settings (Chile);
102.51 Approve a comprehensive law for the promotion of gender equality which would include, among other issues, awareness on issues such as gender violence, and the freedom of sexual orientation (Spain);
102.52 Adopt a law prohibiting all forms of discrimination, including discrimination based on sexual orientation and gender identity (South Africa);
102.53 Adopt a law against all forms of discrimination, including discrimination based on sexual orientation and gender identity (Sweden);
102.54 Enact legislation to prohibit discrimination, including based on sexual orientation and gender identity (Canada);
102.55 Adopt a law to fight against discrimination, to prevent and punish discrimination in all its forms including discrimination on sexual orientation and gender identity (Argentina);
102.56 Pass legislation prohibiting discrimination, including comprehensive prohibitions against discrimination on the grounds of sexual orientation and gender identity (United Kingdom of Great Britain and Northern Ireland);
102.57 Review all type of provisions that could lead to the discrimination of lesbian, gay, bisexual, transgender and intersex persons, as well as review labour provisions which may affect domestic workers (Colombia);
102.58 Strengthen the fight against all forms of discrimination including discrimination based on sexual orientation or gender identity (France).
VI. Further information
You will find all documents relating to Paraguay’s second review at UPR-Info and OHCHR’s websites.