| For a summary of Bolivia’s review at the second cycle please click here. |
7th UPR session
Date of review: 10 February 2010
Date of report adoption: 15 March 2010
Document number: A/HRC/14/7
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SUMMARY SOGIESC issues during Bolivia’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
12. According to surveys by the Office of the Ombudsman, the groups most subject to discrimination in the country, in descending order, are indigenous people and peasant farmers (campesinos); homosexuals and lesbians; persons with disabilities; and older persons. The Ombudsman’s Office added that equality of opportunity for women is recognized in existing legislation. However, they continue to be discriminated against in the political sphere and face difficulties in access to work, housing and land tenure. JS1 indicated that exclusion continues to affect children and adolescents, whether for reasons of social inequality, ethnicity or gender, among others. According to JS1, a poor, indigenous girl is probably one of the figures most emblematic of social exclusion in Bolivia.
14. The Initiative for Sexual Rights (JS4) indicated that there is no law specifically sanctioning discrimination on the grounds of sexual orientation and gender identity, in spite of the relevant provisions in the new Constitution. JS4, recommended, inter alia, that human rights training be provided in both the army and the police to reduce homophobia and transphobia in those sectors.
Right to privacy, marriage and family life
33. JS4 indicated that the Constitution excludes the possibility of giving legal recognition to same-sex couples through marriage or civil union. According to JS4, this situation adversely affects the right of such couples to form a family, to ensure inheritance rights and to have access to housing loans and social security benefits (i.e. sick leave to take care of the partner, spouse benefit, medical care), inter alia. IGUALDAD LGBT made similar observations. JS4 added that, although the Human Rights Action Plan 2009–2013 provides for the preparation of a preliminary draft Civil Partnership Act for same-sex couples, no action in this respect has been initiated.
II. Excerpts on SOGIESC issues from the national report
Legal system for the protection of human rights
13. The Constitution has set forth wide-ranging rights based on those outlined in inter-American and universal instruments for the protection of human rights. It defines fundamental rights; civil and political rights; the rights of native indigenous campesino nations and peoples; social and economic rights; the rights of children, adolescents and young people; the rights of the family; the rights of older persons; the rights of persons with disabilities; the rights of persons deprived of their liberty; the rights of persons of diverse sexual orientation; the rights of persons with HIV/AIDS; women’s rights; users’ and consumers’ rights; education, intercultural and cultural rights.
VII. Situation of civil and political rights
F. Equality and non-discrimination
43. For the first time the Constitution prohibits and punishes discrimination based on sex, colour, age, sexual orientation, gender identity, origin, culture, nationality, language, religious belief, ideology or any other grounds that might nullify or impair the recognition, enjoyment or exercise, on an equal footing, of the rights of any person.
X. Situation of the rights of vulnerable groups
D. Rights of persons of diverse sexual orientation and gender identity: gays, lesbians, bisexuals and transsexuals
135. The Constitution prohibits and penalizes discrimination on grounds of sexual orientation or sexual identity. In order to publicize this provision and combat discrimination, the Day of Human Rights of Persons with Different Sexual Orientation was proclaimed. In addition, 28 June has been proclaimed the Day of Non-Discrimination against Sexual and Gender Diversity.
136. However, it is recognized that there are still obstacles in the way of full realization of these rights, mainly owing to discrimination on the part of a society that is in the main rather conservative – discrimination that frequently results in ill-treatment, violence and difficulty in obtaining employment.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
40. France […] inquired about measures aimed at changing societal attitudes with regard to sexual orientation.
42. The United Kingdom of Great Britain and Northern Ireland […] asked about the protection of vulnerable groups and about combating discrimination on the grounds of sexual orientation.
63. Population groups with a different sexual orientation and gender identity, lesbian, gay, bisexual and transgender persons, were recognized and included in the national plan on human rights. By presidential decree, June 28 had been declared the national day for people with diverse sexual orientation in Bolivia. The Constitution forbade all forms of discrimination, including against lesbian, gay, bisexual and transgender persons.
V. Conclusions and/or recommendations
Bolivia accepted the following recommendations:
98.26. To include sexual orientation and gender identity in all laws and initiatives combating discrimination and promoting equality, and to develop public education and sensitivity programmes and make them available, including to police, military, judicial, prison and other authorities (Netherlands).
VI. Further information
You will find all documents relating to Bolivia’s first review at UPR-Info and OHCHR’s websites.