| For a summary of Andorra’s review at the second cycle please click here. |
9th UPR session
Date of review: 3 November 2010
Date of report adoption: 4 January 2011
Document number: A/HRC/16/8
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SUMMARY SOGIESC issues during Andorra’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
No references.
II. Excerpts on SOGIESC issues from the national report
Right to equality and non-discrimination and holders of specific rights (arts. 1, 2 and 7)
20. All forms of discrimination based on origin, nationality or ethnicity, sex, religion, philosophical or political opinion, trade union membership, physical or mental incapacity, lifestyle, and habits or sexual orientation are considered an offence under the Criminal Code. Article 338 defines as an offence the refusal of an official or authority to provide a specific service. Article 339 deals with a certain kind of discrimination, more specifically offending a religious, ethnic or political group or trade union. Article 5.1.a of the qualified- majority Police Act (No. 8/2004) of 27 May 2004 refers to the prohibition of all forms of discrimination on the grounds of race, religion, political opinion, sex, language, place of residence, place of birth or any other personal or social status or circumstance. The Civil Service Act of 15 December 2000 states in article 71 that any discriminatory conduct on the grounds of politics, religion, race, sex or any other personal or social status or circumstance is considered a very serious misdemeanour. Finally, other laws refer to the principle of non-discrimination, including the Prison Service Act (No. 3/2007) of 22 March 2007, the Higher Education Act (No. 12/2008) of 12 June 2008, Act No. 35/2008 of 18 December 2008 on the Labour Relations Code, and the Forestry Officials Act (No. 32/2008) of 18 December 2008. G. The right to work (art. 23)
60. The Act establishing the Labour Inspectorate of 24 July 1984 regulates the operation and area of competence of the Inspectorate and expressly authorizes labour inspectors to order work to cease immediately if they consider there is grave or imminent danger. The Government, through the Inspectorate, monitors the application of the prevailing labour regulations. Article 4 of the law specifies that “both the head of the enterprise and the employee must avoid discrimination on the grounds of birth, race, sex, sexual orientation, origin, religion …”. The law also states that any clauses which amount to a discriminatory act are null and void. Articles 74 and 75 state that the enterprise shall, at all times, respect the principle of equality and non-discrimination. Offences which involve discrimination are considered very serious and incur a fine ranging from €3,001 to €24,000. The creation of an occupational adaptation and integration programme is divided into three stages: adaptation, occupational integration, recruitment and continuing training in the enterprise.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
No references.
V. Conclusions and/or recommendations
Andorra did not receive any recommendations on SOGIESC issues.
VI. Further information
You will find all documents relating to Andorra’s first review at UPR-Info and OHCHR’s websites.