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27th UPR session
Date of review: 5 May 2017
Date of report adoption: 21 Sep 2017
Document number: A/HRC/36/11
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SUMMARY SOGIESC issues during Brazil’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
Equality and non-discrimination
7. JS15 reported the humiliation, the fear and the physical and psychological intimidation suffered by LGBT people, including young people and teenagers in school and university environments and the discrimination suffered by homo-affective families.
Development, environment and business and human rights
10. Global Compact stated that Brazil should support initiatives and strategies to combat discrimination and promote the inclusion of people with disabilities, women, LGBT, refugees, developed by companies and the various levels of government, in cooperation with civil society. It noted that Brazil should promote the UN Guiding Principles on Business and Human Rights to government bodies that were not traditionally active in the area of human rights.
Right to life, liberty and security of the person
18. JS6 and Unrepresented Nations and Peoples Organization (UNPO) noted the violence perpetrated against indigenous communities with impunity, unjustified imprisonments and deaths of indigenous leaders, in a context of disputes over their territorial rights. Davida: Prostituição, Direitos Civis e Saúde (DAVIDA) reported human rights violations by police officers, especially against trans-sex workers.
Right to privacy and family life
48. JS5 stated that regarding the recommendation on the right to privacy and women, there was no specific law guaranteeing the right to privacy and confidentiality in gender related violence. JS5 observed the trend by law enforcement agencies to use the expansion of digital communications to interfere with privacy.
Right to education
71. JS3 noted that Brazil had not accomplished recommendations 119.33, 119.47, and 119.94132 on gender equality, since the withdrawal of gender and sexuality related issues from education plans. Under pressure from religious leaders, local representatives in at least 12 of the 27 Brazilian states removed from Education Plans strategies aimed at overcoming gender, sexual orientation and race inequalities. JS15 noted the exclusion suffered by LGBTI people in school and universities environments.
II. Excerpts on SOGIESC issues from the national report
LGBT (Recommendations 24*, 97 and 140)
38. In 2011, the Federal Supreme Tribunal recognized same-sex families, granting homosexual couples the right to civil union. Based on CNJ’s Resolution 175/2013, Public Civil Register Offices cannot deny the celebration of civil marriage between same-sex people or deny the conversion of civil unions into marriage.
39. The promotion of LGBT’s rights still demands legislative and institutional responses, nevertheless. Discrimination against LGBT people is not considered a crime in Brazil. IBGE’s data, from 2014, demonstrates that only 7.7% of 5,570 municipalities in Brazil have specific policies regarding LGBT people.
40. The Report on Homophobic Violence is a very important subsidy for the development of Government’s policies. It is a pioneering initiative coordinated by the SEDH, which brings detailed data about the profile of victims. The third edition of the report was published in 2016 with data from 201351. In 2017, the fourth edition of the report will be disclosed with data from 2014 and 2015.
41. The 2016 Report indicates a context of constant violence and violation of human rights, having presented cases of homicide and robbery involving deaths against LGBT population. It is important to bear in mind that underreporting of such cases is a reality. The present scenario of negligence and violence requires from Brazil the creation of policies and legislation devoted to punish and prevent discrimination against the LGBT population.
42. The National System for the Promotion of Rights and Fight against Violence suffered by LGBT People of 2013 aims to allow the coordination of public policies on all three levels of the federation. In 2014, the National Committee of LGBT Public Policies, a forum that assembles public agents from state and municipal levels in order to promote the National System, was established. In 2015, the Federal Government created the Interministerial Committee to Fight Homophobia. In addition to this, there is the National Covenant to Fight Violence against LGBT People.
43. Through the Decree 8,727/2016, the use of social names by transgender people on official documents provided by the federal public administration was authorized. In 2016, one celebrated the 15th anniversary of the National Council to Fight Discrimination and A/HRC/WG.6/27/BRA/1 8 Promote the Rights of Lesbians, Gays, Bisexuals and Transgender People (CNCD/LGBT).
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
9. The Committee on the Rights of the Child was concerned about structural discrimination against indigenous and Afro-Brazilian children, children with disabilities, lesbian, gay, bisexual, transgender and intersex children, children in street situations and children living in rural and marginalized urban areas, including favelas.
10. The Committee was concerned that strategies aimed at eliminating discrimination based on gender, sexual orientation and race had been removed from the education plans of several states. It recommended that Brazil enact legislation to prohibit discrimination and incitement to violence on the basis of sexual orientation and gender identity.
11. The country team noted that, despite the international leadership of Brazil on lesbian, gay, bisexual, transgender and intersex issues, Congress had created additional challenges to the rights of lesbian, gay, bisexual, transgender and intersex persons. The proposed family statute, which excluded lesbian, gay, bisexual, transgender and intersex families from the concept of family, and the proposed national heterosexual pride day had gained support in Congress, while proposals such as the gender identity bill and the criminalization of homophobia had not made any progress.
Right to life, liberty and security of person
21. The country team indicated that although Brazil did not criminalize homosexual acts, reports indicated that it had one of the highest levels of violence against lesbian, gay, bisexual, transgender and intersex persons.
26. The Special Rapporteur and the Subcommittee noted that in general, detention conditions were poor regarding basic sanitation and access to drinkable water, edible food and medical and psychological care. The lack of sanitation and overcrowding had turned prisons into places where disease prevention was a permanent challenge. The Special Rapporteur noted that lesbian, gay, bisexual, transgender and intersex persons were particularly likely to be affected by overcrowding in terms of access to health services.
Fundamental freedoms and the right to participate in public and political life
36. The Working Group on business and human rights noted that the National Programme for the Protection of Human Rights Defenders had a limited budget and few staff. Regarding the relevant recommendations, the country team recommended that Brazil provide for the full implementation of its national programme for the protection of human rights defenders, ensuring that gender and ethnic perspectives were taken into account, a specific legal framework adopted, a budget allocated and multidisciplinary teams set up in all states.
40. Regarding the recommendation on statistics, the country team recommended that Brazil adopt human rights indicators and include disaggregated data regarding people living with HIV, lesbian, gay, bisexual, transgender and intersex persons, persons with disabilities, indigenous children and adolescents.
Right to work and to just and favourable conditions of work
46. Regarding the relevant recommendation, the country team noted that despite several initiatives, Brazil faced persistent inequalities in terms of access to employment based on gender and race. It recommended that both private and public companies implement programmes to reduce gender and racial inequalities in the world of work.
Right to education
64. The United Nations Educational, Scientific and Cultural Organization (UNESCO) stated that, while Brazil had significantly increased its investment in education over the past decade, it still faced major challenges in financing education. The Literate Brazil Programme had promoted literacy. Brazil had not taken the necessary measures to combat structural discrimination against lesbian, gay, bisexual, transgender and intersex children, particularly after several states had done away with strategies aimed at eliminating such discrimination.
IV. References to SOGIESC issues during the Working Group review
20. Montenegro asked for information on policies to eliminate violence against children, and on legislation to prohibit discrimination and violence based on sexual orientation and gender identity.
28. Norway commended efforts in reducing poverty, combating slave labour and enhancing women’s rights and the rights of lesbian, gay, bisexual and transgender persons, but expressed concern at the situation of indigenous peoples.
50. Sweden noted the overcrowding in prisons, the large number of child brides and an increase in violence against lesbian, gay, bisexual, transgender and intersex persons.
65. The United Kingdom of Great Britain and Northern Ireland noted progress in several areas, including torture prevention and recognition of same-sex marriage. It urged Brazil to strengthen protections for journalists and human rights defenders.
73. Argentina welcomed the adoption of the law criminalizing femicide, and efforts to combat discrimination against lesbian, gay, bisexual, transgender and intersex persons.
93. The delegation of Brazil stated that in 2013 the national system for the promotion of lesbian, gay, bisexual and transgender rights had been created to allow coordination of public policies on that subject. In 2015, the Federal Government had established the Interministerial Committee to Combat Homophobia. The Supreme Federal Court had legalized civil unions between people of the same sex.
107. Finland commended Brazil for its efforts to promote the rights of lesbian, gay, bisexual, transgender and intersex persons but expressed concern about increased homophobia and transphobia and about criminal measures against lesbian, gay, bisexual, transgender and intersex persons, as well as about the possible rejection of policies aimed at overcoming gender and sexual orientation inequalities in schools.
118. Iceland regretted that women continued to be prosecuted in cases of unlawful abortion and noted that access to legal abortion was not always available for victims of sexual violence.
V. Conclusions and/or recommendations
Brazil accepted the following recommendations:
136.39 Take necessary measures to address homophobic and transphobic crime, including by establishing a system for recording such crimes (Sweden)
136.40 Take urgent measures to adopt legislation sanctioning discrimination and incitement to violence on the grounds of sexual orientation, and investigate and sanction cases of violence against lesbian, gay, bisexual, transgender, intersex and queer persons (Argentina);
136.41 Continue advancing the promotion of laws and initiatives that ban discrimination and incitement to violence on the grounds of sexual orientation and gender identity, in particular in the case of young persons and adolescents (Chile);
136.42 Redouble the capacity-building efforts for all the security forces, aiming at avoiding practices of racial bias, or, directed, among others, against vulnerable minorities such as lesbian, gay, bisexual, transgender and intersex persons (Colombia);
136.43 Continue taking measures to develop legislation and policies at federal, state and municipal level to punish and prevent hate crimes and discrimination against the lesbian, gay, bisexual, transgender and intersex population (Finland);
136.44 Approve a specific law, in line with its international human rights obligations, that prohibits discrimination and incitement to violence based on sexual orientation and gender identity (Honduras);
136.45 Follow measures taken at the national level to ensure that municipalities in Brazil develop specific policies to guarantee rights of lesbian, gay, bisexual, transgender and intersex people (Israel);
136.66 Take measures to improve the situation of underreporting of cases of violence and discrimination against lesbian, gay, bisexual, transgender and intersex people, and develop policies to punish and prevent those actions (Israel);
136.67 Ensure that all hate crimes against lesbian, gay, bisexual, transgender and intersex persons are thoroughly investigated and prosecuted and seek to reduce hate by integrating human rights education into school curricula (Canada);
136.90 Ensure conditions at detention centres comply with international and Brazilian law and that particular attention is given to conditions faced by vulnerable prisoners including pregnant women, children, and lesbian, gay, bisexual, transgender and intersex persons; and provide human rights training to officials in the legal and judicial system (Ireland);
136.159 Ensure universal access to comprehensive sexual and reproductive health services, without discrimination and in accordance with the commitments made, among others, in the Montevideo Consensus (Uruguay);
136.191 Further strengthen mechanisms fostering prosecution of all perpetrators of sexual and gender-based violence (Slovakia);
136.196 Ensure the effective implementation of measures to prevent, punish and eradicate all forms of violence and discrimination against women and lesbian, gay, bisexual, transgender and intersex persons (Mexico);
VI. Further information
You will find all documents relating to Brazil’s third review at UPR-Info and OHCHR’s websites.