| For a summary of Armenia’s review at the first cycle please click here. |
21th UPR session
Date of review: 22 January 2015
Date of report adoption: 13 April 2015
Document number: A/HRC/29/11
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SUMMARY SOGIESC issues during Armenia’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
35. Joint submission 3 (JS3) stated that discrimination based on sexual orientation and gender identity was widespread in all spheres of the society and the Government had not adopted adequate legislation in this field. JS3 and Human Rights Watch (HRW) noted hate speech by private and public actors, including statements by parliamentarians, justifying violence against lesbian, gay, bisexual and transgender (LGBT) people. JS1 reported that the authorities failed to carry out credible investigations into cases involving violence against LGBT persons. JS3 and HRW had similar observations. Both mentioned the submission in 2013 of draft amendments to the Criminal Code on Administrative Infringements by the police which would introduce fines for the promotion of “non-traditional” relationships.
Administration of justice, including impunity, and the rule of law
54. JS1 stated that access to justice was problematic for drug users, people with psychosocial disabilities, and members of the LGBT community. They were generally given public defenders at the last minute and judges did not take into account the specificities of their situation.
Freedoms of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
68. JS6 stated that the authorities had not only failed to ensure the effective engagement of human rights defenders in human rights protection, but had also extensively used the police to limit their work. There was government propaganda against those involved in the protection of the rights of women, LGBT persons, religious and national minorities, soldiers, election observers and advocates of Armenia’s European integration as well as against NGOs which received foreign funding. Complaints against reprisals and intimidation submitted by human rights organizations and activists were, in general, not properly registered; attacks and violence against human rights defenders had been perpetrated and encouraged by the police. JS3 recommended that the Government express support for the work of human rights defenders and establish legal safeguards and mechanisms for those working on the rights of women and LGBT persons.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
22. The HR Committee urged Armenia to prohibit discrimination based on sexual orientation and gender identity and to provide effective protection to lesbian, gay, bisexual and transgender (LGBT) persons.
IV. References to SOGIESC issues during the Working Group review
28. The Netherlands welcomed the cooperation of Armenia with the European Union on human rights issues, and progress in alternative military service. The Netherlands expressed concern at acts of violence against human rights defenders and hate speech by government officials and police officers against religious, ethnic and sexual minorities.
40. Regarding its recommendations during the first cycle, Slovenia enquired whether a national preventive mechanism under OP-CAT had been established. It also noted with concern the persistence of discriminatory practices against women and the lesbian, gay, bisexual and transgender (LGBT) population.
66. Argentina welcomed the ratification of ICPPED and CRPD and noted the progress made under the National Strategy and Action Plan for the Protection of Human Rights. However, it noted that discrimination against women and LGBT persons persisted.
67. Australia requested a written update on the implementation of the National Strategy for the Protection of Human Rights. It welcomed the progress in implementing the Convention against Torture and the adoption of the law on gender equality. However, Australia remained concerned about gender-based discrimination and the failure to protect lesbian, gay, bisexual, transgender and intersex (LGBTI) persons.
68. Austria remained concerned about the persistence of gender-based discrimination and discrimination against persons with disabilities and LGBT persons. It also expressed concern that effective enjoyment of the right to education was still not guaranteed for all children.
71. Referring to some specific groups, Armenia noted that there were no restrictions on access to public services for sexual minorities.
81. Brazil commended Armenia for implementing its first cycle recommendations. It was concerned about violence against women and urged Armenia to protect LGBTI persons. […]
V. Conclusions and/or recommendations
Armenia accepted the following recommendations:
120.52. Adopt and effectively implement legislation to ensure equal treatment of persons with disabilities in accordance with CRPD, as well as prohibit discrimination based on sexual orientation and gender identity and provide effective protection to LGBT persons (Austria);
120.64. Elaborate a gender-sensitive approach in the programmes and policies which address human rights discrimination and take the necessary actions to raise awareness on attitudes and stereotypes targeting women and sexual minorities in society (Albania);
120.72. Develop and adopt suitable legislative and administrative measures to combat discrimination against women, and discrimination and violence against LGBTI persons (Argentina);
120.80. Provide effective protection of LGBT persons from discrimination (Slovenia);
120.81. Combat all forms of discrimination, including those relating to sexual orientation and identity (France);
120.83. Adopt effective measures to ensure the eradication of all forms of discrimination based on sexual orientation and gender identity (Chile);
120.84. Combat hate propaganda and incitement against minority groups, especially LGBTI persons, religious minorities, AIDS patients and persons with disabilities through the adoption of a comprehensive package of laws and effective mechanisms to combat discrimination, including in the public administration (Spain);
120.85. Take appropriate measures to guarantee that lesbians, gays, bisexuals, transgender and intersex persons are not subjected to discrimination, both in law and in practice (Uruguay);
120.86. Ensure appropriate training is provided to officials, and that law enforcement authorities carry out thorough and prompt investigations regarding attacks on LGBTI persons (Australia).
Armenia noted the following recommendations:
120.82. Enact specific legislation that prohibits discrimination against persons based on sexual orientation (Canada).
VI. Further information
You will find all documents relating to Armenia’s second review at UPR-Info and OHCHR’s websites.