| For a summary of Bolivia’s review at the first cycle please click here. |
20th UPR session
Date of review: 28 October 2014
Date of report adoption: 17 December 2014
Document number: A/HRC/28/7
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SUMMARY SOGIESC issues during Bolivia’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Information provided by the national human rights institution
5. Despite the legislation in place, discrimination against transsexuals, lesbians, gays and bisexuals still persisted, particularly in the workplace.
Constitutional and legislative framework
26. SRI-Colectivo TLGB and Joint Submission 8 (JS8) recommended enacting a law on gender identity. JS8 also recommended amending the Civil Registration Act to include gender identity as a ground for changing a transgender person’s name and gender in legal documents.
27. JS8 recommended amending the articles of the Civil Code and the Family Code that prohibited same-sex couples from starting a family and the legal provisions of the Code for Children and Adolescents that prohibited same-sex couples from adopting.
Institutional and human rights infrastructure and policy measures
38. SRI – Colectivo TLGB and JS8 referred to recommendations on gender identity. JS8 recommended that the State implement an action plan to combat discrimination based on sexual orientation and gender identity and fulfil its commitment to promote the Yogyakarta Principles, enumerated in the National Human Rights Action Plan. JS8 recommended instructing the National Committee against Racism and Discrimination to draft reports on cases of discrimination against LGBT persons and carrying out awareness raising campaigns and training activities.
Right to work and to just and favourable conditions of work
73. JS8 recommended helping the business sector to eliminate discrimination against LGBT persons and condemning any discrimination against or refusal to hire LGBT persons.
Right to health
85. JS8 recommended drawing up guides for medical staff on providing care to LGBT persons.
Right to education
89. JS8 recommended drafting legislation that guaranteed access to education for LGBT persons, including a law against bullying in school that covered bullying based on sexual orientation or gender identity.
II. Excerpts on SOGIESC issues from the national report
The rights of persons with different sexual orientations and gender identities (recommendation 26)
159. The Act on the Elimination of Racism and all Forms of Discrimination establishes the mechanisms and procedures for preventing and punishing all forms of discrimination, including discrimination on grounds of sexual orientation. Consequently, the Policy on the Elimination of Racism and all Forms of Discrimination also provides for the protection of LGBTI persons.
160. National Day against Homophobia and Transphobia is held on 17 May to promote the rights of LGBTI persons. The Citizen’s Council for Sexual and Gender Diversity has been established at the departmental level.
161. The Ministry of Communication produces documentaries and audiovisual programmes to raise awareness of and eradicate discriminatory behaviour towards LGBTI persons. The National Committee on the Elimination of Racism and all Forms of Discrimination has produced advertisements, with the participation of members of the LGBTI community, to combat discrimination against this community.
III. Excerpts on SOGIESC issues by UN agencies
Administration of justice, including impunity and the rule of law
50. The Human Rights Committee expressed its concern at the impunity with regard to violence and discrimination on grounds of sexual orientation, sexual or gender identity. The State must investigate and prosecute this type of violence and compensate the victims.
IV. References to SOGIESC issues during the Working Group review
No references.
V. Conclusions and/or recommendations
Bolivia accepted the following recommendations:
114.67 Expeditiously and fully investigate and prosecute acts of violence and discrimination targeting women, indigenous, and lesbian, gay, bisexual, transgender and intersex (LGBTI) persons and guarantee an effective remedy to victims and their families (Ireland);
114.9 Introduce gender equality issues, as well as non-discrimination and non-violence due to gender identity and sexual orientation in education programmes, in school regulations and in the training of teachers (Colombia).
Bolivia noted the following recommendations:
115.4 Repeal or modify legal norms that deny or limit the rights of people based on their sexual orientation or gender identity (Israel).
VI. Further information
You will find all documents relating to Bolivia’s second review at UPR-Info and OHCHR’s websites.