| Click here for a summary of Cuba’s review at the first cycle and/or the second cycle. |
30th UPR session
Date of review: 16 May 2018
Date of report adoption: 21 September 2018
Document number: A/HRC/39/16
|
SUMMARY SOGIESC issues during Cuba’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
Equality and non-discrimination
14. JS5 observed that progress had been made in the recognition of sexual diversity in laws and public policies. However, it noted that discriminatory practices persisted in institutions and in society and recommended that sexual orientation and gender identity be included as grounds of non-discrimination in article 42 of the Constitution.
Right to life, liberty and security of person
25. Joint Submission 12 (JS12) pointed out that, in the 2013 universal periodic review of Cuba, the State had rejected the recommendations to repeal legislation relating to “pre-criminal social dangerousness”. It stated that this concept was used to harass, threaten and prosecute human rights defenders, who were branded as subversives or terrorists, and was also applied to women and men who worked as prostitutes, members of the lesbian, gay, bisexual, transgender and intersex community and young persons who were not studying or employed.
29. JS5 noted that police officers were among the most frequent perpetrators of acts of violence against members of the lesbian, gay, bisexual and transgender community and recommended, inter alia, establishing protocols for the police on the treatment of such persons and setting up a special body within the police to deal with cases of that kind.
Right to privacy and family life
53. JS5 recommended recognizing unions between persons of the same sex.
Right to education
82. JS5 recommended incorporating the principle of non-discrimination on grounds of sexual orientation and gender identity in school curricula and activities.
II. Excerpts on SOGIESC issues from the national report
Protection of the right to equality and non-discrimination
55. Sustained progress has been made in the fight against discrimination based on sexual orientation. The document on conceptualization of the Cuban economic and social model of socialist development envisages addressing all forms of discrimination, including on the basis of gender identity and sexual orientation, as one of the principles underlying the model. Similarly, the new Labour Code includes non-discrimination based on sexual orientation among the fundamental principles governing the right to work. Equality is a principle in the Cuban legal system that is enshrined in the Constitution.
56. The National Sexual Health and Education Programme, which is coordinated by the National Sex Education Centre of the Ministry of Public Health, has made it possible to develop an ongoing educational strategy to promote respect for freedom of sexual orientation and gender identity.
57. The actions planned include educational strategies, promotion of academic work and scientific research, legal orientation services, sex therapy, care for LGBTI persons and victims of gender violence and child sexual abuse, development of community programmes and production of publications and audiovisual materials, as well as coordination of social networks, online discussions, campaigns to promote respect for freedom of sexual orientation.
58. One of the areas in which the greatest impact was made at the national and international levels was a 10-day series of workshops on combating homophobia and transphobia that was organized in the context of International Day against Homophobia and Transphobia. This event, which is held every year in Havana and in one provincial venue, includes critical actions aimed at promoting the right to sexual orientation and gender identity and providing opportunities for political and social activism, as well as for raising awareness and educating the public on these issues. The National Commission for Comprehensive Services to Transsexual Persons, which was established by the Ministry of Public Health, has done a commendable job in providing health services for these persons.
60. Hundreds of lawyers have taken postgraduate courses on gender and the law, violence, sexuality and masculinity; a diplomate course on mediation, gender and the family has been offered; communication products have been developed for lawyers and to improve the public’s understanding of legal issues; and several universities have introduced an optional undergraduate course on gender and the law. The Law School of the University of Havana added a gender curriculum in 2015.
Right to education
99. Priority is given to creating material conditions and training the human capital needed to ensure quality education for all, with free universal coverage at all levels of education, irrespective of gender, skin colour, household income, religion and political opinions or ideas of the students or their families.
103. Human rights education has been strengthened with the inclusion of relevant content in the curricula at different levels, bearing in mind the students’ cognitive development and maturity. Linkages with issues such as gender equality, children’s rights, sexuality and sustainable development have been strengthened.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
11. Cuba continued to promote the right to full equality. That was a permanent goal that it would continue to pursue relentlessly. Progress had been made in terms of preventing and addressing manifestations of discrimination based on sexual orientation and gender identity. Cuba had also strengthened its programmes aimed at protecting children, young people, older persons and persons with disabilities.
V. Conclusions and/or recommendations
Cuba accepted the following recommendations:
24.75 Continue actions to prevent manifestations of discrimination based on sexual orientation and gender identity (Plurinational State of Bolivia);
24.76 Maintain awareness-raising campaigns on the right to freedom of sexual orientation and gender identity (Plurinational State of Bolivia);
VI. Further information
You will find all documents relating to Cuba’s third review at UPR-Info and OHCHR’s websites.