| Click here for a summary of barbados’ review at the first cycle and/or the second cycle. |
29th UPR session
Date of review: 19 January 2018
Date of report adoption: 29 June 2018
Document number: A/HRC/38/12
|
SUMMARY SOGIESC issues during Barbados’ 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
Equality and non-discrimination
4. JS3 reported that the recommendations concerning adoption of legislation and policies addressing and prohibiting discrimination on the basis of sexual orientation and gender identity, noted by Barbados, had not been implemented. It noted that there was no constitutional or legislative provision that protects against discrimination on the ground of sexual orientation in the areas of employment, healthcare, and education, leaving lesbian, gay, bisexual, transsexual and queer (LGBTQ+) persons who encounter discrimination without recourse for legal redress and protection. JS3 also reported that the provisions of the Sexual Offences Act criminalizing consensual homosexual relations were still maintained, despite the recommendations, noted by Barbados, to repeal them and that there was no specific LGBTQ+ hate crime or hate speech legislation. It recommended that the Government should engage in public education and sensitization campaigns about LGBTQ+ individuals to combat and transform attitudes of prejudice, discrimination and stigma against them.
5. JS3 also reported of the absence of a law or court procedure/court process under the Civil Procedure Rules to change one’s gender marker (the indication of male or female on identification documents), although there is no law which expressly prohibits it.
Right to life, liberty and security of person
8. JS3 reported that there was no specific legislative framework to protect the LGBTQ+ population from harassment and violence, while the police did not treat the reports of harassment and violence against the LGBTQ+ persons with the same due attention, seriousness and diligence as other matters. It recommended enacting LGBTQ+ specific hate crime legislation to allow for the prosecution of individuals committing violence against members of the LGBTQ+ community.
Right to work and to just and favourable conditions of work
10. JS3 noted that individuals with non-traditional gender expressions faced discrimination in the job market and lacked protection in the workplace. It reported that neither public nor most public employers had policies to address discrimination on any basis, including sex, gender identity or expression or sexual orientation. It recommended Barbados to enact legislation that prohibits employers from discrimination on the basis of sexual orientation and gender identity in the hiring process and at all levels and spheres of the employment process.
Right to health
12. JS3 reported that discrimination and stigma are major barriers to accessing health care for LGBTQ+ individuals, resulting in refusal to provide health care, poor quality care and disrespectful or abusive treatment. It also noted that health care providers might have a poor understanding of the specific health care needs of LGBTQ+ people. JS3 reported that the pervasive stigma and discrimination had a negative impact on mental and emotional health of LGBTQ+ persons, leading to higher levels of stress, anxiety and self-harming behaviors such as suicide. It noted that adolescent LGBTQ+ persons faced difficulties accessing health care, including services, information and contraceptives, due to the legal gap between the age of consent and medical treatment age. JS3 further noted that hormone replacement therapy was not part of the national health program and quality hormones were limited in local pharmacies, forcing transgender individuals to turn to the black market.
Women
14. LIL also recommended continuing efforts to combat gender stereotyping and gender inequality across the board and working towards the empowerment of women in all spheres of society.
II. Excerpts on SOGIESC issues from the national report
Gender (Recommendations 72, 73, 75, 76, 77, 78, 79)
12. The Policy is currently being reviewed for transmission to the Cabinet of Barbados. The document contains specific recommendations – inter alia, to amend Section 23 of the Barbados Constitution to include an anti-discrimination clause on the grounds of sex/gender and by extension marital status and pregnancy; to collect data and compile records to establish the impact of the Ombudsman’s office in relation to complaints of gender inequality; and to strengthen measures aimed at changing stereotypical attitudes about the roles and responsibilities of women and men, including through sustained awareness raising designed in collaboration with the media and women’s non-governmental organisations and educational campaigns directed at both women and men.
13. The Bureau of Gender Affairs has continued to engage in awareness raising and training activities. For instance, the Bureau has collaborated with the Regional Police Training School to sensitise the Chief Training Officer on the elements and importance of the Committee for the Elimination of Discrimination against Women (CEDAW). The Chief Justice and Magistrates have been provided with a Protocol for dealing with Domestic Violence. In coordination with the Bureau, the Business and Professional Women’s Club of Barbados has conducted seminars on Domestic Violence and Trafficking in Persons as well as two Training sessions for Police and Community Stakeholders working with the Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) community. The production of a play and film, entitled ‘Simone’s Place’ is another Government-supported initiative that provides a perspective on the issue of same-sex and transsexual relationships.
14. The Bureau of Gender Affairs, cognisant of its role in eliminating stereotypical portrayal of gender, has organised workshops for young male students under its masculinity programme. The objective of the workshops is to sensitise participants to the concept of masculinity and to create awareness among them of how that idea impacts male behaviour.
Labour
34. Barbados through its Ministry of Labour, Social Security and Human Resource Development is in the process of furthering draft legislation which would address comments made by the ILO Committee of Experts in the report by UN agencies for Barbados’ 2nd UPR. For example, the Employment (Prevention of Discrimination) Bill, refers specifically to the right to work and to just and favourable conditions of work. The draft legislation seeks to protect persons from discrimination related to employment on the basis of race, origin, political opinion, colour, creed, sex, social status, marital or domestic partnership status, pregnancy, maternity, family responsibility, medical condition, disability and age. The main sections of the Bill are covered by the following headings: discrimination, exceptions, enforcement and miscellaneous. The latest draft of the Employment (Prevention of Discrimination) Bill is being addressed by the Chief Parliamentary Counsel (CPC).
Human rights education
51. As it relates to the recommendation for elaboration of programmes for human rights education, the Ministry of Education, Science, Technology and Innovation (METI) has been collaborating with the United Nations’ Children’s Fund (UNICEF). The teaching of Health and Family Life Education (HFLE) in primary and secondary schools has been mandatory since 2000. However, in order to be more responsive to the changes within society, there have been several revisions to the HFLE curricula. As such, the HFLE secondary curriculum now addresses the issue of gender identity and sexual orientation. The exposure of educators to training related to effective delivery of HFLE has also intensified. Several workshops were held for teachers and Guidance Counsellors in secondary schools.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
12. The Committee on the Elimination of Discrimination against Women was concerned that there was no law on gender equality nor any comprehensive anti-discrimination legislation and that article 23 (1) (b) of the Constitution did not prohibit discrimination on the grounds of sex. UNESCO recommended that Barbados review and amend the A/HRC/WG.6/29/BRB/2 3 definition of discrimination in the Constitution in order to extend it to cover discrimination on the grounds of disability and health status. The United Nations subregional team noted that the Government was in the process of drafting anti-discrimination legislation to cover the rights of many marginalized groups, including persons with disabilities, however, there was no indication that lesbian, gay, bisexual, transgender and intersex persons would be protected under such legislation.
14. The Committee on the Elimination of Discrimination against Women recommended that Barbados strengthen its understanding of the substantive equality of women and men and ensure equal rights and opportunities for women who faced intersecting forms of discrimination, in particular migrant women, women belonging to a religious minority group and lesbian, bisexual and transgender women.
Right to health
37. The Committee on the Elimination of Discrimination against Women noted with concern the lack of age-appropriate and comprehensive education on sexual and reproductive health and rights, including on responsible sexual behaviour, as well as the lack of family planning services and the high level of unmet contraception needs among women and girls. The Committee on the Rights of the Child was concerned that such a lack of information and services led to high rates of teenage pregnancies and abortions, and transmission of HIV. The Committee on the Elimination of Discrimination against Women also recommended that Barbados improve access to information on sexual and reproductive health and rights for lesbian, bisexual, transgender and intersex women and girls, and train medical personnel to respond to their specific health needs.
IV. References to SOGIESC issues during the Working Group review
30. There was no political mandate to legalize same-sex relationships. Similarly, there was no national consensus on the issue of repealing the country’s laws on buggery.
31. Same-sex relations were not criminalized in legislation, what was criminalized was buggery, and there was no intervention by the law between consenting adults. However, in a case in which a minor was involved, or in the case of non-consenting adults, prosecution was possible against the offender
42. Ireland commended Barbados on the adoption of the Domestic Violence (Protection Orders) (Amendment) Act and the establishment of the Family Conflict Intervention Unit, noting with concern the high prevalence of gender-based violence. It encouraged Barbados to decriminalize consensual homosexual relations, to protect lesbian, gay, bisexual, transgender and intersex persons from discrimination and provide the special procedure mandate holders with a standing invitation. It noted with regret that the legislation to abolish the death penalty remained pending.
48. Montenegro welcomed the efforts to achieve high literacy rates among women and girls and gender parity in education, calling on Barbados to adopt legislation against discrimination on the basis of gender. It encouraged Barbados to intensify its cooperation with OHCHR and, if necessary, to seek technical assistance to fulfil its reporting obligations and harmonize its legislation with international human rights standards, particularly with the Convention on the Rights of the Child.
49. Morocco noted with satisfaction the efforts to ensure gender equality in education and to implement a plan to promote sustainable social and economic development and a regional project to improve access to justice. It also praised the measures taken by Barbados in order to ensure integration and protection of persons with disabilities by ratifying the Convention on the Rights of Persons with Disabilities.
52. The Netherlands commended Barbados for the adoption of the Domestic Violence (Protection Orders) (Amendment) Act, expressing concern about the prevalence of gender based violence, particularly domestic violence and sexual abuse. It noted that there seemed to be underreporting of gender-based violence cases and a lack of shelters for victims of that crime.
57. The Republic of Korea welcomed the expanded role of the National Human Rights Coordinating Committee in conducting research and working to establish a national human rights institution. It also noted with appreciation the work on a framework policy to combat gender discrimination in Barbados.
62. The State of Palestine encouraged Barbados to extend a standing invitation to special procedure mandate holders. It also welcomed the efforts by Barbados to empower women and realize gender equality, including through the drafting of a national policy on gender, and commended the country for the steps it had taken in the area of education, in particular for children with disabilities.
63. Timor-Leste noted with appreciation that Barbados had drafted a national policy on gender. It welcomed the adoption of the Domestic Violence (Protection Orders) (Amendment) Act, 2016, and the establishment, in 2013, of the Family Conflict Intervention Unit. It also commended Barbados for promoting human rights training among members of the Police Force.
66. The United Kingdom welcomed the commitment by Barbados to protect and promote human rights, especially the rights of children, but noted the need for further progress in the area of violence against women and the protection of lesbian, gay, bisexual and transgender persons against discrimination. It urged Barbados to amend the legislation so as to abolish the mandatory death penalty and noted that the country did not have a national human rights institution.
73. Australia commended the progress in promoting and protecting human rights, including ratification of the Convention on the Rights of Persons with Disabilities. It was concerned that lesbian, gay, bisexual, transgender and intersex persons continued to be subject to discrimination. It was seriously concerned with the perpetration of violence and abuse against women and children. Australia acknowledged the commitment of Barbados to end the courts’ use of the death penalty as a sentence, while it was concerned at the delay in its implementation.
74. Azerbaijan commended Barbados for the progress it had achieved in addressing the recommendations it had received during the last cycle. It appreciated the wide range of legislative and institutional measures undertaken by Barbados to further improve the protection and promotion of human rights, including throughout the policies pursued with regard to the right to education, the right to health, gender equality, domestic violence and the rights of persons with disabilities. It congratulated Barbados for ratifying the Convention on the Rights of Persons with Disabilities.
77. Brazil appreciated the efforts made by Barbados to abolish the mandatory death penalty in cases of murder. It praised the de facto moratorium on this kind of punishment, as no execution had been applied since 1984. It commended the initiatives of the high-level authorities in support of tolerance and respect for the rights of lesbian, gay, bisexual, transgender and intersex persons. It praised the high literacy rates among women and the gender parity at the primary and secondary school levels. However, it expressed its concern about the situation of victims of domestic violence.
80. China noted the Growth and Development Strategy 2013–2020 of Barbados in promoting economic and social development, and the protection of the rights to education and health by providing free education and health services. It also noted that Barbados had made positive progress in promoting gender equality, protecting the rights of women, children, the disabled and other vulnerable groups, and combating domestic violence.
82. Cuba commended Barbados for maintaining a constant commitment to the promotion and protection of human rights. It emphasized that free education and health systems had been maintained, and a social welfare system reached the most needy. It also noted the actions to promote the participation of young people in political processes, such as the creation of the National Youth Parliament. It highlighted the actions that had been carried out to combat domestic violence and those that were being applied to gender issues.
83. Denmark stated that ensuring full and effective gender equality and the protection of women and girls against all forms of discrimination were crucial when seeking to advance the respect for and protection of human rights and should be a key objective also in relation to ensuring socially and economically sustainable societies. It noted that during the second cycle, it was recommended that Barbados ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. By ratifying the Convention, Barbados would join more than 160 States parties in the unequivocal message that torture could never be tolerated. Denmark urged Barbados to explore assistance through the Convention against Torture Initiative.
V. Conclusions and/or recommendations
Barbados accepted the following recommendations:
96.41 Intensify efforts aimed at finalizing the various pending human rights related legislation, including the draft national gender policy, the Offences Against the Person (Amendment) Bill and the draft Juvenile Justice Bill (Namibia);
96.97 Approve and implement the national policy on gender (Philippines);
96.98 Advance the finalization of the national policy on gender (Bahamas);
96.99 Adopt legislation to outlaw discrimination based on gender, including in employment (Republic of Korea);
96.100 Enhance efforts to combat gender stereotyping and gender inequality (Portugal);
96.101 Expand its programmes aimed at eliminating the stereotypical portrayal of gender in society and the workplace in order to reduce gender inequalities (Singapore);
96.103 Continue its efforts to promote gender equality and poverty reduction (Timor-Leste);
96.106 Take effective measures to ensure gender equality (Angola);
96.111 Accord high priority to the full implementation of legislation on gender based violence and ensure that perpetrators are prosecuted and adequately punished (Ireland);
Barbados noted the following recommendations:
96.42 Enact legislation that ensures protection from discrimination on the grounds of sexual orientation or gender identity in the areas of employment, health care and education (Netherlands);
96.43 Repeal all legal provisions that discriminate against persons on the grounds of their sexual orientation and gender identity, including the relevant language in the Sexual Offences Act (United Kingdom of Great Britain and Northern Ireland);
96.44 Repeal the provisions that criminalize consensual homosexual relations, notably those contained in the Sexual Offences Act, and establish policies to combat discrimination, prejudice and violence based on sexual orientation and gender identity (Iceland);
96.45 Immediately repeal laws that criminalize consensual same-sex adult sexual relations (Canada);
96.46 Include lesbian, gay, bisexual, transgender and intersex persons in new legislation to prohibit any type of discrimination or violence based on sexual orientation or gender identity (Uruguay);
96.47 Consider repealing provisions that criminalize homosexuality (Italy);
96.48 Amend its criminal code to decriminalize consensual same-sex acts, and to take steps to implement legislative and public policy measures to protect the rights of lesbian, gay, bisexual, transgender and intersex persons (Australia);
96.49 Combat discrimination, prejudice and violence based on sexual orientation and gender identity through legislative reform and the adoption of awareness-raising measures (Canada);
96.50 Adopt legal measures to protect lesbian, gay, bisexual, transgender and intersex persons against violence and discrimination based on sexual orientation or gender identity (Chile);
96.51 Decriminalize same-sex relationships and combat discrimination against lesbian, gay, bisexual, transgender and intersex persons (France);
96.52 Establish the necessary normative framework to combat discrimination on the grounds of sex, sexual orientation or gender identity in order to promote sexual inclusion and gender equality (Mexico);
96.53 Engage in public education and sensitization campaigns about the rights of lesbian, gay, bisexual and transgender persons (Timor-Leste);
96.54 Take measures to decriminalize consensual sexual relations between adults of the same sex (Uruguay);
VI. Further information
You will find all documents relating to India’s third review at UPR-Info and OHCHR’s websites.