| For a summary of USA’s review at the second cycle please click here. |
9th UPR session
Date of review: 5 November 2010
Date of report adoption: 4 January 2011
Document number: A/HRC/16/11
|
SUMMARY SOGIESC issues during the United States’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
29. Joint Submission-10 (JS-10) reported that discrimination on the basis of sexual orientation and/or gender identity prevents LGBT people from accessing health care, education, relationship recognition and other benefits.
Right to life, liberty and security of the person
37. Human Rights First (HRF) reported that people of African descent, LGBT, migrants, Jews, Muslims and Christians continue to be subjected to violent acts motivated by racism, bigotry and intolerance. Council for Global Equality (CGE) noted that State and local jurisdictions must pass laws [inclusive of sexual orientation and gender identity] to protect victims, as well as report hate crimes to federal authorities.
42. JDI recommended adopting national standards for addressing sexual violence and other abuses in prisons, jails and other detention facilities.
II. Excerpts on SOGIESC issues from the national report
Fairness, equality, and Lesbian, Gay, Bisexual and Transgender (LGBT) persons
34. In each era of our history there tends to be a group whose experience of discrimination illustrates the continuing debate among citizens about how we can build a more fair society. In this era, one such group is LGBT Americans. In 2003, reversing a prior decision, the Supreme Court struck down a state criminal law against sodomy, holding that criminalizing consensual private sexual practices between adults violates their rights under the Constitution. With the recent passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, the United States has bolstered its authority to prosecute hate crimes, including those motivated by animus based on sexual orientation, gender identity, or disability. Since 1998, employment discrimination based on sexual orientation has been prohibited in federal employment. Earlier this year, the Administration extended many benefits to the same-sex partners of federal employees, and supports the pending Domestic Partnership Benefits and Obligations Act, a law that would extend additional benefits currently accorded to married couples to same sex partners. Furthermore, President Obama is committed to the repeal of the “Don’t Ask, Don’t Tell” statute, which prevents gays and lesbians from serving openly in the military, and both the Chairman of the Joint Chiefs of Staff and the Secretary of Defense have testified at congressional hearings in support of its repeal. The President has also supported passage of the Employment Non-Discrimination Act, which would prohibit discrimination in employment based on sexual orientation or gender identity. Debate continues over equal rights to marriage for LGBT Americans at the federal and state levels, and several states have reformed their laws to provide for same-sex marriages, civil unions, or domestic partnerships. At the federal level, the President supports repeal of the Defense of Marriage Act.
III. Excerpts on SOGIESC issues by UN agencies
Right to life, liberty and security of the person
38. The HR Committee recommended that the State scrutinize conditions of detention in prisons, in particular in maximum security prisons, with a view to guaranteeing that persons deprived of their liberty be treated in accordance with article 10 of the Covenant and the United Nations Standard Minimum Rules for the Treatment of Prisoners. CAT recommended that the State should implement appropriate measures to prevent all sexual violence in all its detention centres.
41. The HR Committee noted with concern allegations of violent crimes perpetrated against persons of minority sexual orientation, including by law enforcement officials. [In December 2006, in CCPR/C/USA/CO/3/Rev.1, para 25, “The Committee notes with concern allegations of widespread incidence of violent crime perpetrated against persons of minority sexual orientation, including by law enforcement officials. It notes with concern the failure to address such crime in the legislation on hate crime adopted at the federal level and in many states. It notes with concern the failure to outlaw employment discrimination on the basis of sexual orientation in many states. (articles 2 and 26)”]
III. Achievements, best practices, challenges and constraints
76. The HR Committee welcomes the Supreme Court’s decision in Lawrence et al. v. Texas (2003), which declared unconstitutional legislation criminalizing homosexual relations between consenting adults.
IV. References to SOGIESC issues during the Working Group review
35. The delegation also noted important initiatives to ensure more robust protections for lesbian, gay, bisexual and transgender individuals. In addition to several non-legislative measures, the United States is seeking the legislative repeal of the Defence of Marriage Act and the “Don’t Ask, Don’t Tell law” and policy.
40. The United Kingdom of Great Britain and Northern Ireland noted that the United States had a strong record in human rights protection and welcomed US recognition of the need to achieve greater equality for minorities, people with disabilities and LGBT individuals.
42. Australia […] remained concerned about reports of violent crimes against persons of minority sexual orientation.
91. It is a testament to the steady erosion of barriers of race, gender, sexual orientation, religion, disability, and ethnicity that United States delegation members of such diversity were present to speak for the United States today. The United States is proud of its record of accomplishments, humbled by the recognition that more work remains, and remains committed to improvement and to continuing this dialogue going forward.
V. Conclusions and/or recommendations
The United States accepted the following recommendations:
92.86. Undertake awareness-raising campaigns for combating stereotypes and violence against gays, lesbians, bisexuals and transsexuals, and ensure access to public services paying attention to the special vulnerability of sexual workers to violence and human rights abuses (Uruguay);
92.112. Take measures to comprehensively address discrimination against individuals on the basis of their sexual orientation or gender identity (Australia);
92.116. Continue its intense efforts to undertake all necessary measures to ensure fair and equal treatment of all persons, without regard to sex, race, religion, colour, creed, sexual orientation, gender identity or disability, and encourage further steps in this regard (Israel).
VI. Further information
You will find all documents relating to the United States’s first review at UPR-Info and OHCHR’s websites.