| For a summary of Dominican Republic’s review at the first cycle please click here. |
18th UPR session
Date of review: 5 February 2014
Date of report adoption: 4 April 2014
Document number: A/HRC/26/15
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SUMMARY SOGIESC issues during the Dominican Republic’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Constitutional and legislative framework
5. JS5-CLGBTTI recommended the promulgation of, inter alia, an anti-discrimination law covering discrimination on the grounds of sexual orientation and gender identity and a law on gender identity as well as the adoption of legislative measures prohibiting discrimination on the grounds of sexual orientation, gender identity and gender expression.
Equality and non-discrimination
19. JS5 emphasized that the State had not established public policies or legislation against discrimination on the grounds of sexual orientation. JS5 asserted that the constitutional prohibition on equal marriage legally excluded that sector of the population.
Right to life, liberty and security of person
26. JS5 stated that members of the national police and military forces committed illegal arrests, extortion and even sexual violence against the lesbian, gay, bisexual, transsexual, transgender and intersex community (LGBTTI). JS5 recommended that the State should devise a campaign for the prevention of violence against the LGBTTI community and develop effective penalties.
Administration of justice, including impunity, and the rule of law
32. JS2 recommended collecting statistics on complaints, cases processed in the justice system and convictions by the Office of the Prosecutor General and the judiciary, in respect of arbitrary detentions, enforced disappearances, extrajudicial killings and torture by law enforcement agents, disaggregated by sex, sexual orientation, place of the events, ethnicity, age, place of origin, nationality and skin colour of the victim.
36. JS5 drew attention to barriers to access to justice for the LGBTTI community.
Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
38. JS5-CLGBTTI reported that there were cases in which permission for a gay pride parade had been refused, and the police had denied the LGBTTI community its right of assembly.
Right to work and to just and favourable conditions of work
45. JS5 noted that the LGBTTI community was discriminated against in the labour sector, where practices such as harassment, humiliation, pressure to marry in order to be promoted and dismissal from work were common,104 and there were no public policies or legislation against homophobia.
Right to health
51. JS5 recommended that public policies should be drawn up to address the needs of LGBTTI in the area of sexual and reproductive health as well as transgender men living in the country, and to provide user-friendly health services for the LGBTTI community as a whole.
II. Excerpts on SOGIESC issues from the national report
7. In June 2013, the Chamber of Deputies approved the reform of the Criminal Code addressing legislative issues such as minor and serious violations of human rights, including crimes against humanity, domestic violence, femicide, enforced disappearance, racial segregation, slavery, etc. At the same time, the definitions and scope of the classifications of offences contained in the current Criminal Code are being expanded, such as torture and its use against individuals based on their gender or sexual orientation, discrimination on the grounds of race, gender or sexual orientation, unlawful detention, abduction, abuse of authority, cruel and inhuman treatment.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
25. The Country Team reported that members of the lesbian, gay, bisexual and transgender (LGBT) community continued to be subject to unjustified arrest, denial of access to public spaces and violence therein, as well as discrimination in the workplace.52 CEDAW was concerned about discrimination against lesbian women.53 The HR Committee urged the Dominican Republic to indicate clearly and officially that it would not tolerate social stigmatization of homosexuality, bisexuality or transsexuality, and to prosecute any discriminatory or violent acts motivated by sexual orientation or gender identity.
IV. References to SOGIESC issues during the Working Group review
43. The Netherlands noted that, despite efforts to establish gender equality and equity, gender-based violence was prevalent and would remain so as long as it was excluded from the Criminal Code. It expressed concerns about maternal mortality rates and discrimination against lesbian, gay, bisexual and transgender (LGBT) persons.
45. Norway […] recalled that the Government had accepted during its first review recommendations to end discrimination against LGBT persons.
91. Regarding the question raised on LGBT community, the Dominican Republic reported that it guarantees their rights, in accordance to articles 8 and 39 of the Constitution regarding the right to equality for all. The draft Penal Code also included norms against discrimination, the Dominican Republic had co-sponsored the declaration aiming to fight discrimination based on sexual orientation and there were no restrictions on public activities such as the Caravan of Gay Pride.
V. Conclusions and/or recommendations
The Dominican Republic accepted the following recommendations:
98.41. Take the necessary measures to prevent arbitrary detentions based on discriminatory criteria of any kind, particularly those related to phenotype or those directed against LGBT persons (Mexico);
98.42. Adopt legislation to protect LGBT persons against gender-based violence and discrimination (Netherlands);
98.43. Strengthen its efforts and establish and implement policies and measures to address discrimination based on sexual orientation and gender identity (Norway).
VI. Further information
You will find all documents relating to the Dominican Republic’s second review at UPR-Info and OHCHR’s websites.