| For a summary of Grenada’s review at the second cycle please click here. |
8th UPR session
Date of review: 10 May 2010
Date of report adoption: 16 June 2010
Document number: A/HRC/15/12
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SUMMARY SOGIESC issues during Grenada’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Right to privacy
3. A joint submission (JS1) by ARC International, the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and ILGA-Europe, noted that Grenada maintains criminal sanctions against sexual activity between consenting adults. Article 435 of the Criminal Code provides: “If any two persons are guilty of unnatural connexion, or if any person is guilty of an unnatural connexion with an animal, every such person shall be liable to imprisonment for ten years”. JS1 noted that laws against “unnatural” sexual activity are often used to penalise consensual conduct, including between consenting adults of the same sex. JS1 recommended that the Human Rights Council urge Grenada to bring its legislation in conformity with its international human rights obligations by repealing all provisions which criminalise sexual activity between consenting adults of the same sex.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
Right to privacy and family life
27. In 2007, the HR Committee expressed a concern that the Criminal Code penalizes same-sex sexual activities between consenting adults, and recommended that Grenada repeal these provisions of its laws.
IV. References to SOGIESC issues during the Working Group review
26. As for questions regarding sexual activity between consenting adults of the same sex, it was confirmed that such activity was an offence under the laws of Grenada. However, this could be viewed as discriminatory, as it took away from the freedom of the individual. With the passage of time, growing tolerance on the part of the people would help in addressing this issue. It was a policy issue on which the Cabinet would have to deliberate. It was noted that there was no discrimination in the provision of health and other services in that regard.
38. Brazil inquired about the concrete steps taken by Grenada in guaranteeing the rights of children and women and in combating all forms of discrimination, with special attention to the sexual exploitation of children, violence against women and non-discrimination on the basis of sexual diversity.
45. The Netherlands […] noted that the Human Rights Committee had expressed concern that the Criminal Code penalized same-sex activities between consenting adults, which, according to the Committee, violated the right to privacy and non-discrimination.
51. Australia […] It noted with concern that Grenada had maintained criminal sanctions against sexual activity between consenting adults of the same sex.
52. France […] highlighted the finding of the Human Rights Committee that Grenada continued to punish homosexuality under article 435 of its Criminal Code, which deemed sexual activities against nature a crime.
V. Conclusions and/or recommendations
Grenada noted the following recommendations:
71.82. Adopt legislation to eliminate discrimination based on sexual orientation, and decriminalize sexual relations between consenting adults of the same sex (Chile);
71.83. Decriminalize sexual relations between consenting adults of the same sex, and carry out legislative and administrative measures prohibiting discrimination based on sexual orientation, especially with regard to access to employment, education and housing (Spain);
71.84. Decriminalize sexual activity between consenting adults of the same sex (Netherlands);
71.85. Decriminalize homosexuality by abrogating the criminal provision prohibiting sexual relations between consenting adults of the same sex, and subscribe to the General Assembly Declaration of December 2008 on human rights and sexual orientation (France);
71.86. Remove legislation which discriminates against individuals on the basis of their sexual orientation or gender identity (Australia).
VI. Further information
You will find all documents relating to Grenada’s first review at UPR-Info and OHCHR’s websites.