| For a summary of Uruguay’s review at the first cycle please click here. |
18th UPR session
Date of review: 29 January 2014
Date of report adoption: 4 April 2014
Document number: A/HRC/26/7
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SUMMARY SOGIESC issues during Uruguay’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
21. JS1 recommended that mechanisms and procedures be introduced to provide access to the courts for members of the LGBTI community and for other groups that are the victims of violence and that investigations into and the punishment of such acts be guaranteed together with the conviction of those responsible and fair redress for the victims.
Right to life, liberty and security of the person
22. JS1 referred to hate crimes committed in recent years against transgender persons. JS1 also referred to the violence and discrimination affecting transvestites and homosexuals in the prison system. JS1 recommended activating the system of indicators of the Ministry of the Interior’s Violence and Crime Observatory so as reveal crimes linked with sexual violence and/or those based on the victims’ sexual orientation or gender identity; it also recommended incorporating the human rights perspective, especially that of members of the LGBTI community, into the new protocols for action and investigation by the police.
Administration of justice, including impunity
34. AI was concerned about the lack of justice in recent killings of transsexual women in Uruguay. AI called on Uruguay to: carry out independent, impartial and effective investigations; ensure that these crimes are investigated as hate crimes; gather comprehensive data and indicators on acts of violence perpetrated against transsexual women; and guarantee the safety and right to life of all people, regardless of their sexual orientation or identity.
35. JS1 recommended that the human rights perspective — in particular the rights of LGBTI persons — should be incorporated into the new protocols on police action and investigation.
Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
50. JS1 recommended that the Act on Audiovisual Communications Media — which is currently before parliament — should include provisions to guarantee against discrimination on grounds of sexual orientation or gender identity in the media and institute the corresponding penalties and compensatory measures.
II. Excerpts on SOGIESC issues from the national report
Discrimination (recommendations 22, 23, 24 and 36)
45. In 2012, issue of the “Social Uruguay” card to the trans (transgender, transvestite and transsexual) population was approved, in recognition of their status as a particularly socially vulnerable group. In order to obtain the card, a person is only required to have been living as trans for two years. In nine months, some 600 cards have been issued throughout the national territory, and the total population is estimated at 1,200.
46. Moreover, the implementation of Act No. 18,620 on changing registered name and sex was promoted. This enables a person, on request, to change the name on their identity card — and thus in all public registers — which is a step forward in the recognition of the right to identity. More than 200 persons have changed their registered name and sex. The sexual/gender identity dimension was also incorporated into the administrative records of the Ministry of Social Development through the addition of the categories “trans man” and “trans woman”.
47. The Ministry of Social Development promoted the creation of forums for dialogue and debate with representatives of particularly vulnerable groups, in order to develop common social policy reform agendas. These forums embrace social organizations for sexual diversity, migrant groups, the community of African descent and, from this year, persons living with HIV, as part of the National Dialogue on HIV and Human Rights supported by UNAIDS.
48. On 10 April 2013, the Equal Marriage Act was adopted, amending the Civil Code to define marriage as the permanent union of two persons, regardless of their sex or gender identity. The minimum age for marriage for both sexes is 16 and couples are allowed to choose, by mutual agreement, the order of their children’s surnames, and divorce may be granted at the request of either spouse.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
27. CESCR noted with concern widespread discrimination on the basis of sexual orientation, particularly in health care, education, employment and access to housing.
28. UN-Uruguay said that legislative advances had been made in combating discrimination on grounds of sexual orientation and gender identity. It pointed out that transgender identity had been recognized in resolutions adopted by the Social Insurance Bank and in affirmative action measures taken by the Ministry of Social Development. UN-Uruguay recommended that Uruguay develop information campaigns and policies to combat homophobia and transphobia.
IV. References to SOGIESC issues during the Working Group review
61. Montenegro asked Uruguay to provide more details on institutional improvements relating to the monitoring of the implementation of recommendations from human rights bodies and UPR, and on measures to improve the position of lesbian, gay, bisexual and transgender (LGBT) persons.
64. The Netherlands praised the adoption of the Equal Marriage Law and underscored the importance of it being followed by awareness-raising programmes to combat discrimination based on sexual orientation and gender identity.
V. Conclusions and/or recommendations
Uruguay accepted the following recommendations:
123.9. Adopt necessary legislative and administrative measures to guarantee the security of LGBT persons and facilitate their access to justice and legal assistance (Norway);
123.65. Continue innovative education programs recognizing sexual diversity and adopt a health policy that further enhances awareness on and sensitizing of sexual orientation and gender issues amongst health personnel (Netherlands);
123.67. Take all necessary policing and other measures to prevent and provide protection against all forms of discrimination, violence and harassment related to sexual and gender identity, and ensure that perpetration of such violence is vigorously investigated and that perpetrators are held accountable (United Kingdom of Great Britain and Northern Ireland);
125. Uruguay rejects the recommendation made by the delegation of Bangladesh. Uruguay effectively protects the family institution, including through laws embodied in the National Constitution on a wide and non-discriminatory basis, rejecting to limit the concept of family on grounds of gender identity, sexual orientation or any other reason, in accordance with our national legislation and the highest international standards on human rights protection.
VI. Further information
You will find all documents relating to Uruguay’s second review at UPR-Info and OHCHR’s websites.