| Click here for a summary of the United Kingdom’s review at the first cycle and/or the second cycle. |
27th UPR session
Date of review: 4 May 2017
Date of report adoption: 21 Sep 2017
Document number: A/HRC/36/9
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SUMMARY SOGIESC issues during United Kingdom’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
Equality and non-discrimination
45. The young transgender centre of excellence (YTCE) referred to discrimination experienced by transgender people as a result of their gender identity, and recommended inter alia, that staff of public bodies receive relevant mandatory training. JS14 (the link to the submission was not provided) called for a new approach to social security in order to protect and support people living with HIV in Scotland.
46. British Humanist Association (BHA) stated that in Northern Ireland, same-sex marriages were not legal, and AI recommended that the Government end discrimination against these couples.
II. Excerpts on SOGIESC issues from the national report
Treatment of detainees
34. In November 2016, the UKG published the proposals “Prison Safety and Reform” setting out the steps that the UKG will take to make prisons a place of safety and reform, including by investing additional funding and changing ways of working by putting in place a new trigger for emergency intervention by the Justice Secretary, and by building new prisons. In November 2016, the UKG reviewed its policy on the care and management of transgender offenders and concluded that treating someone in the gender in which they identify, rather than their legally recognised gender, will be the safest and the most efficient approach to a range of decisions, including deciding initial location to male and female prisons. An independent review of BAME representation in the criminal justice system (the Lammy Review) has also been taking place since January 2016, with results expected in 2017.
Crown Dependencies
94. Guernsey’s equality and rights programme now includes a number of specific work streams, including on disability and inclusion, mental health, shared parental leave and ageing. A same-sex marriage law to give same-sex marriages in Guernsey the same rights and responsibilities as marriages between a man and a woman was introduced in 2016, as well as statutory maternity and adoption leave. In 2016, Sark introduced a new children’s law which sets out the responsibilities of parents and others caring for children in line with the principles set out in the CRC.
95. In 2014, the OPCAT was extended to the Isle of Man. Progress has been made during 2016 with bringing provisions of the Isle of Man’s Disability Discrimination Act 2006 into operation. Also in 2016, the Isle of Man has passed, and brought into operation, the Marriage and Civil Partnership (Amendment) Act 2016, allowing same sex couples to marry and opposite sex couples to form civil partnerships. A comprehensive Equality Bill, which is based closely on the EA 2010, has been introduced into Tynwald (the Isle of Man’s Parliament).
96. In 2014, the CRC, CRC-OP-AC and CRC-OP-SC were extended to Jersey. The Government of Jersey has introduced the Discrimination (Jersey) Law 2013 which prohibits discrimination on the basis of certain protected characteristics, which to date include race, sex, sexual orientation, gender reassignment, and pregnancy and maternity. In 2015 the Jersey Police introduced a new ‘Hate Crime Policy’ which places an increased emphasis on all reported crimes that may be motivated by a hostility or prejudice based on a person’s race, religion, sexual orientation, disability, or gender.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
13. The Special Rapporteur on violence against women, its causes and consequences was concerned that women from black and minority ethnic communities, women belonging to the lesbian, gay, bisexual, transgender, and intersex communities and women with disabilities were often linked to entrenched discriminatory practices in the political, social and economic spheres.
IV. References to SOGIESC issues during the Working Group review
44. Montenegro welcomed progress in combating domestic violence. It urged empowering women towards equal participation, and enhancing gender policies, particularly in respect of black women, lesbian, gay, bisexual and transgender women, and women with disabilities.
63. Republic of Korea underscored the State’s leadership regarding human rights challenges such as modern forms of slavery, hate crime and sexual discrimination.
72. Spain welcomed the Modern Slavery Act 2015 although there were still challenges in its implementation, and expressed concern about increases in hate crimes and hate speech.
V. Conclusions and/or recommendations
The United Kingdom accepted the following recommendations:
134.84. Dedicate more resources to fight against negative stereotypes in the media, against the most affected minority groups (lesbian, gay, bisexual, transgender and intersex persons, Gypsies, Muslims, refugees and persons granted asylum) (Spain);
The United Kingdom noted the following recommendations:
134.124. End discrimination against same-sex couples in Northern Ireland by bringing the relevant law into line with other parts of the United Kingdom (Iceland);
134.125. Review its Equality Act in relation to gender identity and the rights of intersex persons in the context of rights to health services (Australia);
VI. Further information
You will find all documents relating to United Kingdom’s third review at UPR-Info and OHCHR’s websites.