| For a summary of China’s review at the first cycle please click here. |
17th UPR session
Date of review: 22 October 2013
Date of report adoption: 19 March 2014
Working Group report: A/HRC/25/5
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SUMMARY SOGIESC issues during China’s 2nd UPR review |
I. Key issues/recommendations identified by NGOs
- Establish laws and regulations that prohibit discrimination based on sexual orientation and gender identity.
II. Excerpts from input reports
National report
V. Promotion and protection of human rights in the Hong Kong Special Administrative Region (paragraph 114, recommendation 39)
C. Achievements and challenges
117. As in many parts of the world, sexual orientation is a controversial subject in the HKSAR. This notwithstanding, the HKSAR Government’s position is clear – no person should be discriminated against on any grounds, including sexual orientation. The HKSAR Government has been undertaking extensive publicity and promotion with a view to fostering in the community a culture of mutual understanding, tolerance and respect. More resources will be injected into this area.
118. During the last review, the HKSAR was recommended to “continue to function according to their realities and preserve different rights of their citizens in accordance with their laws”. The HKSAR Government has made continuous efforts in protection of human rights in the light of actual situation. The HKSAR Government will not underestimate the difficulty and challenges in building up consensus on various controversial issues, such as constitutional development and the protection of rights of sexual minorities, in the coming years. The HKSAR Government will protect and promote the rights of different groups through legal and administrative means, and in close collaboration with different sectors.
Compilation of UN information
No references.
Summary of stakeholder information
19. Sexual Rights Initiative (SRI) acknowledged steps taken by China to decriminalize and de-stigmatize the Lesbian, Gay, Bisexual and Transgender (LGBT) population and recommended the establishment of anti-discrimination laws and regulations; and approval of same-sex marriage or domestic partnership laws. JS3 recommended that HKSAR extend its prohibition of sexual orientation discrimination into the private sector.
III. References to SOGI during the Working Group review
Presentation by the State under review
23. The Hong Kong SAR implemented Statutory Minimum Wage in 2011, and amended the Personal Data (Privacy) Ordinance in 2012. The methods of selecting the Chief Executive in 2017 and forming of the Legislative Council in 2016 should be strictly in accordance with the Basic Law and relevant interpretations and decisions of the Standing Committee of the National People’s Congress. It will continue to enhance the protection of the rights of persons with disabilities, women and children, and provide support to individual groups such as people with ethnic minority background or different sexual orientation.
IV. Conclusions and/or recommendations
The following recommendations were accepted by China:
178.88. Establish anti-discrimination laws and regulations to ensure that lesbian, gay, bisexual and transgender persons enjoy equal treatment, including at schools and in the workplace (Ireland);
176.89. Include a prohibition of discrimination of any kind, including discrimination based on sexual orientation and gender identity, ethnicity, religion and infection with HIV, in labour and employment law in line with international standards (Netherlands);
176.90. Take further measures to promote gender equality and eradicate stereotypes regarding the roles and responsibilities of women in society (Republic of Moldova);
176.134. Maintain its effective protection for the family as the fundamental and natural unit of society (Egypt).
V. Adoption of the Report
The report of the working group was adopted at the 25th regular session of the Human Rights Council in March 2014.
VI. Further information
UPR Documentation