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1st UPR session
Date of review: 11 April 2008
Date of report adoption: 22 May 2008
Document number: A/HRC/8/27
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SUMMARY SOGIESC issues during Brazil’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
C. Policy measures
15. […] Rede Femenista indicated however, that there is resistance in many states and municipalities to implement health actions provided in the national policies. According to them the National Policy for Holistic Health Assistance to Women includes specific attention to health for lesbian women, but the practice in health services continues to be prejudiced. […]
Equality and non-discrimination
16. The Latin American and Caribbean Committee for the Defense of Women’s Rights (CLADEM) noted that the 1988 Federal Constitution introduced the principle of equality of men and women before the law. However, the 2002 Civil Code reproduced certain perceptions based on discriminatory morality. CLADEM highlighted that there are gaps in the legislation regarding current issues affecting women, such as genetic developments, technological advances and homosexual relations and while the judiciary is sensitive to the social emergence of new values, it reproduces social stereotypes with a predominantly patriarchal ideology and attribution of social roles. Rede Femenista noted that discrimination against women in access to health services on the basis of their sexual orientation is an issue. […]
17. The Instituto Antigona reported on steps taken to guarantee the rights of transsexuals and intersex persons, ensuring that gay men, lesbians, bisexuals and trans persons can live with the same dignity and respect to which all people have a right. The State is supportive of the Yogyakarta Principles, however, the full recognition of the gender identity and freedom to decide on your own body does not exist. In order for a person to change his/her name and sex in the civil registry, a person has to undergo a transformation of his/her body. The Brazilian Gay, Lesbian, Bisexual and Trans Association (ABGLT) expressed concern about the lack of official statistics and research on victims of homophobic crimes. ABGLT urged the Government to approve legal mechanisms to address impunity for homophobic crimes and to protect the GLBT community, to incorporate the national “Without Homophobia Programme” into the agendas of the various Ministries and to generate enduring relevant state policies. Right to privacy, marriage and family life
35. The issue of civil partnership between people of the same sex was raised by ABGLT. Since 1995, a Bill has been before the House of Representatives but it has met opposition by representatives invoking religious issues. ABGLT also indicated that the Attorney-General of the Republic is analyzing a request to file a suit in the Federal Supreme Court claiming failure to abide by fundamental constitutional precepts, so that unions between people of the same sex are recognized as families.
III. Achievements, best practices, challenges and constraints
44. […] ABGLT recognized the efforts in launching the national “Without Homophobia Programme” in 2004. However, there is still much to be done to make the Programme effective and produce real changes for this community. According to Rede Femenista the adoption of anti-discrimination laws related to gender, sexual orientation, race and ethnicity in the state and national levels opened the opportunity for complaints and reparations. Cities like Campinas (São Paulo) and Porto Alegre (Rio Grande do Sul), administratively punish commercial establishments, public servants (states and municipalities), and individuals who practice discrimination against gays, lesbians, bi-sexuals, transvestites and transsexuals.
II. Excerpts on SOGIESC issues from the national report
3. Conquests and challenges for the promotion and protection of human rights in Brazil
3.13 Right to the Free Sexual Orientation and Gender Identity
The affirmation of the civil rights of homosexual people in the national political agenda is a recent phenomenon in the history of consolidation of the human rights in the Brazilian culture. The initial milestone of treatment about the theme in the scope of the public management, at the beginning of the 1990 decade, occurred by means of public health policies, in actions of control and assistance to people holding sexually transmitted diseases, especially AIDS. With the inclusion of references to the GLBT population, in the II National Program of Human Rights, in 2002, and the creation of the program “Brazil without Homophobia” in 2004, the actions for protection of the free sexual orientation became more consistent, comprehensive and visible. The “Gay Pride Parades” organized by the civil society with governmental support contributed, on the last years, for the suppression of social invisibility of the GLBT community, setting up the rights of this population segment and warning for the forms of violence, segregation and discrimination practiced against homosexuals. To continue this process, the Brazilian government acknowledges the need of creation of normative rules that regulates the promotion of the specific rights of the homosexual population and, at the same time, insert homophobic behaviors in the penal legislation, taking into account, especially, that homosexuals are frequent targets of violence acts and homicides. Concerning the deadly violence rates against the gay, lesbian and transgender population, it is relevant to observe that the civil society appoints that 2,790 murders of homosexuals would have occurred between 1980 and 2006 and that the majority of them would have been practiced because of homophobia. With the approximation of the I National Conference of the GLBT segment, called by the President of the Republic in April 2008 conquest to the affirmation of human rights in Brazil. The Brazil without Homophobia Program – Program of Fight Against the Discrimination against the GLBT and Promotion of the Homosexual Citizenship, created from discussions by the civil society with the Government, comprises integrated actions for promotion of the GLBT citizenship in all Brazilian States. The program is comprised of actions of support to projects of strengthening of institutions acting in the area; qualification of health, education and public safety professionals; spreading of information about rights of the GLBT segment and expansion of support and care centers to homosexual people victims of violence. Among the achieved results, it must be emphasized the implementation of 47 Human Rights Reference Centers for Prevention and Fight Against Homophobia, in all states of the country, which make available specialized legal, psychological and social service and the creation of 12 Research Centers for Promotion of the GLBT Citizenship in public network universities.
4. Final provisions
The growing attention of the Brazilian society to the claims of homosexual, bisexual and transgender people (GLBT) demonstrated that the violations of human rights are aggravated when carried out against groups with little social visibility, so that the Government policies addressed to such groups intend to give visibility to these violations, in addition to measures to face the forms of violence encouraged by homophobia.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
14. The delegation of Brazil informed that a National Conference on Human Rights and a conference on lesbian, gay, bisexual and transgender (LGBT) rights will take place this year, involving more than 30 NGOs.
39. Norway acknowledged that the construction of a democratic and rights-based society is a complex process requiring both political will and time. Norway particularly mentioned as example of best practices the Government’s efforts to combat child labour, the establishment of a ministry to combat racial discrimination, and Brazil’s leadership on issues of sexual orientation and gender identity.
62. Belgium commended Brazil on its stance on the abolition of death penalty, as well as on human rights, sexual orientation and sexual identity.
V. Conclusions and/or recommendations
Brazil did not receive any recommendations on SOGIESC issues.
VI. Further information
You will find all documents relating to Brazil’s first review at UPR-Info and OHCHR’s websites.