| Click here for a summary of Brazil’s review at the first cycle and/or the third cycle. |
13th UPR session
Date of review: 25 May 2012
Date of report adoption: 20th September 2012
Working Group report: A/HRC/21/11
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SUMMARY SOGIESC issues during Brazil’s 2nd UPR review |
I. Key issues/recommendations identified by NGOs
- increase efforts to ensure non-discrimination on the basis of sexual orientation and gender identity, including in the health care system;
- ensure that all healthcare policies safeguard all aspects of the health of transvestite, transgender and transsexual persons;
- combat hate speech against persons based on sexual orientation and gender identity;
- recognise the right of same-sex couples to form a family on equal footing to opposite sex couples.
II. Excerpts from input reports
National report
III. Achievements and challenges in promoting and protecting human rights in Brazil
23. In conformity with recommendation 15 of the UPR First Cycle, this report incorporates gender, race/ethnicity, age, sexual orientation, and other dimensions related to the different contexts of Brazilian population, which are essential for securing the effectiveness of human rights policies.
B. Reducing vulnerability and caring for diversity (Recommendation 1)
29. Brazil seeks to promote human rights within a context marked by historical and structural inequalities. Instruments have been developed to confront a reality in which differences based on gender, race, age, religion, sexual orientation, and others, affect one’s access to the public policies which are crucial for securing realization of rights. In response, actions to reduce vulnerability have been incorporated to State initiatives in a number of areas provided for under the PNDH-3, including: poverty reduction, promoting adequate food, health, education, agrarian reform, combating violence in the countryside, eradicating child and slave labour, promoting rights of indigenous and quilombo communities, and promoting women’s rights.
LGBT
36. The promotion of the rights of the LGBT population is based on the implementation of the National Plan to Promote LGBT Rights, with the involvement of various public agencies. The dialogue with social movements was strengthened through the organization of two National LGBT Conferences (2008 and 2011) and the creation of the National LGBT Council in 2010, which is responsible for monitoring public policies’ implementation.
37. Other important achievements were: normalization of the use of the social name by transvestite and transsexual federal public servants; extension of benefits in health care plans for same-sex partners as dependants; and the recognition of the constitutionality of same-sex civil unions by the Federal Supreme Court.
J. Combating violence against women (Recommendation 3)
80. Violence against women (VAW) is a form of discrimination that seriously inhibits women’s ability to enjoy rights and freedoms on a basis of equality with men. In Brazil, 34% of women report having been victim of some form of physical violence. Thus, it is a State priority to address VAW through public policies. Since the establishment of the Secretariat for Women’s Policies (SPM) in 2003, efforts have been pursued to consolidate and strengthen mechanisms to eliminate VAW and provide support for victims. Between 2007 and 2011, the number of state and municipal women’s policy bodies increased from 155 to more than 300. However, challenges remain in the effort to deconstruct gender roles and promote a real transition toward gender equality in Brazil.
Q. Preventing and combating torture and other cruel, inhuman, or degrading treatment or punishment (Recommendations 3 and 6)
105. To more effectively register and refer cases of torture, in 2011 a special torture module was added to the Human Rights Hotline – Dial 100. The hotline, a service aimed at registering complaints of human rights violations and a channel for the dissemination of information to the population, received more than 2.5 million calls and referred over 150,000 reports of rights violations from around the country between May 2003 and February 2011. From 2009 to 2011, the Dial 100 modules were expanded to include reports of rights violations against homeless people, senior citizens, LGBT, and persons with disabilities. It also received complaints of torture and mistreatment in mental hospitals and psychiatric treatment centres as well as in the so-called therapeutic communities.
Compilation of UN information
III. Implementation of international human rights obligations
A. Equality and non-discrimination
10. CESCR was concerned at the persistence of negative gender roles, which could render women more vulnerable to domestic and other forms of violence.
C. Administration of justice, including impunity and the rule of law
31. CEDAW noted the role of the Supreme Court in guaranteeing the rights of men and women in the implementation of the Maria da Penha Law on domestic and family violence against women (Law 11340), and its decision on equal rights and obligations for same-sex couples. However, it was concerned about the lack of expertise within the judiciary to deal with domestic violence, and urged Brazil to provide systematic training to judges, prosecutors and lawyers on women’s rights and violence against women as well as on the Maria da Penha Law.
Summary of stakeholders’ information
III. Cooperation with human rights mechanisms
C. Implementation of international human rights obligations
1. Equality and non-discrimination
17. Joint Submission 2 (JS2) points out that, despite moves by the executive branch and judicial decisions to uphold the rights of lesbian, gay, bisexual, transsexual, transgender and/or intersex (LGBTI) persons, those rights have not been fully implemented. It reports a recent increase in the dissemination of hate speech against LGBTI persons and regrets the discontinuation of the “Schools without Homophobia” project. It adds that prejudices relating to sexual orientation and gender identity are still evident within the health-care system, and recommends policies to safeguard all aspects of the health of transvestite, transgender, and transsexual persons.
4. Right to marriage and family life
41. Joint Submission 2 (JS2) reports that in 2011 the Supreme Court recognized same-sex unions. However, there is still no proper legislation recognizing the right of same-sex couples to marry and form a family on an equal footing.
9. Right to education
61. JS6 suggested questions for the UPR review about gender indicators, prevention of violence, homophobia and teaching Afro-Brazilian culture, and recommended, among others, targets for equalization in the new National Education Plan (2011–2020).
III. References to SOGI during the Working Group review
A. Presentation by the State under review
12. Turning to the sphere of respect for diversity and combat of stigma, Ms. Nunes pointed out that Brazil has a vast array of measures covering gender equality, LGBT rights, elimination of racism, religious freedom, protection of human rights defenders, rights of indigenous communities and Roma people, access to justice, dignity of persons deprived of liberty, rights of migrants, the protection of children, older persons and persons with disabilities.
B. Interactive dialogue and responses by the State under review
26. Norway commended Brazil’s efforts on poverty reduction, social equality, women’s rights, LGBT rights, the Truth Commission and the Law on Access to Public Information. It expressed concern for the situation of indigenous peoples and human rights defenders and perpetrators’ impunity. It made recommendations.
77. Colombia commended Brazil for its plan for the rights of people with disabilities, the success of its ‘Brazil without Poverty’ plan and its combat of all forms of discrimination. It welcomed the 2010 creation of the national LGBT council and its commitment to the MDGs. It made recommendations.
92. Finland welcomed Brazil’s efforts to promote the rights of LGBT persons, and noted that the ruling of the Brazilian Supreme Court concerning the constitutionality of same sex unions has been considered very important. It noted that continued reports on homophobic crimes and violence indicate that additional measures are needed and asked what legislative measures and steps being taken to combat these crimes. Finland made recommendations.
108. Ms. Nunes highlighted the recognition of same-sex stable unions as family units by the Supreme Federal Court and the National Plan for Promotion of LGBT Citizenship and Human Rights. The Minister, while reaffirming Brazil’s commitment to combating homophobic crimes and violence, acknowledged that the challenges are still significant.
IV. Conclusions and/or recommendations
The following recommendation was accepted by Brazil:
119.97. Take measures to address homo- and trans-phobic crime, including by establishing a system for recording such crimes (Finland).
The following recommendations were partially accepted by Brazil:
119.24. Amend its legislation for the legal recognition of same-sex couples (Finland);
119.127. Protect the natural family and marriage, formed by a husband and a wife, as a basic cell of society as it provides the best conditions for raising children (Holy See).
V. Adoption of the Report
The draft report of the Working Group was adopted at the 21st session of the Human Rights Council in September 2012. In the opening statement of the final review and adoption of the report, the Brazilian delegation emphasized that the civil union of same-sex couples was already legalised in Brazil. During the adoption of the report, a joint NGO statement commended Brazil on accepting the recommendation of Finland (see statements below).
Opening statement by Brazil
[…] Brazil expresses partial support for recommendation No. 119.127. The Federal Constitution provides for the State protection of the family, which is the basis of society. Brazil has public policies aimed at protecting the family and ensuring the conditions for raising their children. However, Brazilian institutions recognize other family arrangements as also eligible for protection, such as women raising children alone.
[…] Brazil partially supports recommendation No. 119.24. The civil union of persons of the same sex is already legally recognized in Brazil, as a result of a decision of the Supreme Federal Court.
Statements by States and other stakeholders
Brazilian Association of Lesbians, Gays, Bisexual and Trans persons, ILGA and the Sexual Rights Initiative
We welcome the Brazilian government response to the recommendation made by The Holy See requesting the protection of the natural family as being “a better environment to raise children”. This calls attention to the premises already inscribed in the Federal Constitution in that regard, and underlines that Brazilian institutions already recognize other family arrangements as also being eligible for protection, such as women raising children alone and same sex couples as family units. However, it is important to note that – although the Federal Supreme Court has recognized the legitimacy of same sex civil unions – since no legislation recognizes the right of same-sex couples to marry and form a family on an equal footing, in this particular domain the constitutional principle of equality is being violated.
We also welcome the acceptance of the recommendation made by Finland that Brazil must take measures to address homo- and trans-phobic crimes, including by establishing a system for recording such crimes. We urge the Brazilian government to observe and fulfill this commitment as soon as possible, taking the necessary measures to overcome impunity that prevails in relation to this type of crime. A recent survey made by activist networks informs that at least 85 murders of transgender people have occurred between January and August 2012, which have not always been subject to proper investigation.
Regarding the recommendation made by Namibia to continue implementing religious teaching programs in public schools, we strongly support the Brazilian government in its reaffirmation of the secular principles of the Brazilian State. The national legislation provides for religious education as an optional enrolment, but this definition does imply compulsory confessional or inter-confessional teaching of any Faith. Furthermore existing legislation forbids all forms of proselytism.
VI. Further information
UPR Documentation
For first cycle reports of Brazil, please see here
National report 1 : A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Corrigendum 1: A | C | E | F | R | S
Questions submitted in advance: E
Addendum 1: E
Outcome of the review
Draft report of the Working group: A | C | E | F | R | S
Addendum: E