| For a summary of Grenada’s review at the first cycle please click here. |
21th UPR session
Date of review: 26 January 2015
Date of report adoption: 9 April 2015
Document number: A/HRC/29/14
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SUMMARY SOGIESC issues during Grenada’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Constitutional and legislative framework
6. Joint Submission 1 (JS1) indicated that Grenada started a constitutional reform process in 2013. It recommended that the country extend constitutional protections against discrimination based on sexual orientation, gender identity and expression; and that it harmonize national legislation with international conventions and give these precedence over national legislation.
7. AI also called on Grenada to include in national legislation, and particularly as part of the on-going review of the Constitution, sexual orientation and gender identity as basis for protection from discrimination and to establish and implement policies and initiatives to address discrimination based on sexual orientation or gender identity.
Equality and non-discrimination
11. JS1 indicated that in Grenada, there is still much stigma and discrimination against LGBT people, together with strong public sentiments against equality movements. Considerable stigma continues to exist, partly fuelled by public expressions against homosexuality by religious leaders. JS1 recommended that Grenada conduct training of health-care to police officers and workers and take every necessary measure, such as legislation, training, policies among others, to eliminate such discrimination both in the public and private sphere.
12. CHRI indicated that there is no explicit legislation against discrimination based on sexual orientation and gender identity in Grenada. CHRI recommended that Grenada promote and facilitate constructive dialogue on sexual orientation and gender identity with stakeholders, including government ministries, civil society and religious leaders. It further recommended that Grenada introduce policies aimed at ending discrimination based on sexual orientation and gender identity.
13. AI called on Grenada to implement human rights education and anti-discrimination awareness-raising programs in collaboration with local human rights organizations working on behalf of lesbian, gay, bisexual, transgender and intersex persons.
Right to privacy
21. CHRI noted that during the last UPR, Grenada affirmed its commitment to raise awareness of the rights of the LGBT community and to encourage tolerance. CHRI noted that consensual adult male same-sex conduct remains a criminal offence. It noted however, that the law makes no provision for same-sex sexual activities between women. CHRI and also JS1 recommended that Grenada work towards repealing the relevant Section of the Criminal Code.
22. AI noted that while during its first UPR, Grenada committed to continue to raise awareness of the issue and to encourage tolerance, according to local groups working on behalf of LGBTI persons, no public awareness campaigns have been undertaken since the last review. AI also called on Grenada to repeal all laws prohibiting and punishing consensual same-sex relations, including in the Criminal Code.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
34. Sweden noted that capital punishment could be applied for murder, but that no executions had occurred since 1978 and a de facto moratorium was in place. It was concerned at reports of intolerance against lesbian, gay, bisexual and transgender (LGBT) persons, but noted the responses of Grenada, including the launching of a dialogue on the rights of LGBT persons.
35. The delegation responded to questions and comments, including those received in advance. Regarding questions raised by Germany, the United Kingdom of Great Britain of Northern Ireland and other delegations on the issue of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, Grenada reported that the issue of discrimination against LGBTI persons was being considered within the context of the ongoing process of constitutional reform and had been raised in several of the public consultations held throughout Grenada. The general view in that regard was that the Constitution should not be amended to give protection to LGBTI persons. Notwithstanding that, on 15 October 2014, the Constitutional Reform Advisory Committee had commissioned two nongovernmental organizations advocating for the rights of LGBTI persons to create a platform for national consultations. In the end, protection for the LGBTI population would not be one of the issues to be decided in the referendum; the Committee did not recommend that to be an issue to go forward. Within the democratic process, it was obvious that there was not much support for that issue nationally. It should be noted, however, that apart from the recommendations on constitutional reform made by the Committee to the Government, the Committee had recommended that ordinary legislation be passed with regard to “protection against discrimination at workplaces based only on sexual orientation”.
V. Conclusions and/or recommendations
Grenada noted the following recommendations:
72.61. Adopt legislation and public policies which effectively prevent discrimination based on sexual orientation and gender identity (Chile);
72.62. Repeal all provisions of law criminalizing sexual activity between consenting adults (Australia);
72.63. Repeal legislation criminalizing consensual same-sex practices between adults (Canada);
72.64. Take all necessary measures to guarantee that LGBT individuals do not face persecution based on sexual orientation or gender identity, including by decriminalizing same-sex practices in the country (Brazil);
72.65. Remove laws criminalizing same-sex relationships (Sweden);
72.66. Decriminalize homosexuality (France);
72.67. Repeal all legal provisions criminalizing consensual sexual activity between men and combat discrimination on the basis of sexual orientation (Italy);
72.68. Decriminalize free consenting sexual relations between adults of the same sex and implement public policies to address discrimination based on sexual orientation or gender identity (Spain);
72.69. Repeal all legal provisions that discriminate against persons on the grounds of their sexual orientation, including those in the Sexual Offences Act and in the Criminal Code (United Kingdom of Great Britain and Northern Ireland);
72.70. Include sexual orientation and gender identity as one of the forbidden grounds for discrimination as well as amending the norms relating to the criminalization of homosexual conduct between consenting persons (Uruguay);
72.71. Amend its laws to ensure the protection of the rights of LGBTI persons by including sexual orientation and gender identity as prohibited grounds for discrimination and by decriminalizing same-sex relations (Ireland);
72.72. In consultation with civil society, develop and pass legislation that decriminalizes consensual same-sex sexual conduct (United States of America);
72.73. Implement human rights awareness and anti-discrimination education programs, particularly with respect to ending discrimination on the basis of sexual orientation (Canada);
72.74. Take measure to protect the LGBTI community, especially by decriminalizing consensual sexual acts between adult males and by implementing legislation ending discrimination based on sexual orientation and gender identity (Netherlands);
72.75. Guarantee LGBTI persons the full enjoyment and equal human rights by derogating legislation that criminalizes and stigmatizes them (Argentina);
72.76. Bring Grenada’s legislation into conformity with international law, by decriminalizing consensual same-sex relations between adults and prohibiting all forms of discrimination based on sexual orientation and gender identity (Switzerland).
VI. Further information
You will find all documents relating to Grenada’s second review at UPR-Info and OHCHR’s websites.