| For a summary of Marshall Island’s review at the first cycle please click here. |
22nd UPR session
Date of review: 11 May 2015
Date of report adoption: 20 July 2015
Document number: A/HRC/30/13
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SUMMARY SOGIESC issues during Marshall Islands’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
6. Despite the significant human rights protections under the Constitution, there were no laws which prohibit discrimination against a person based on sexual orientation or gender identity, according to KAHRF. KAHRF recommended that RMI amend Article 2 of the Constitution to include sexual orientation and gender identity among the grounds upon which a person cannot be discriminated against; and enact comprehensive anti-discrimination legislation that prohibits discrimination on the grounds of sexual orientation and gender identity/expression.
Right to privacy, marriage and family life
11. KAHRF stated that RMI has de-criminalized consensual same-sex activity and has supported the efforts of the international community to address the issue of discrimination against LGBTI persons. However, it indicated that the Adoptions Act 2002 (Adoptions Act) which governed the adoption of all resident children in the country, explicitly prohibited same-sex couples, or an individual living as a member of a same-sex couple, from being eligible to petition for adoption. According to KAHRF, coupled with the deficiencies under the local law to prevent discrimination, RMI’s lack of international treaty ratification meant that the human rights of LGBTI persons remained vulnerable.
12. KAHRF recommended that RMI amend the Adoptions Act to remove discrimination against same-sex couples and LGBTI people.
II. Excerpts on SOGIESC issues from the national report
44. Recommendation 24 (56.24): The Constitution currently prohibits discrimination on the basis of gender. Furthermore, the discussions for a Constitutional Convention that began in April 2013 included expanding the anti-discrimination provision to include disability. A legislative review of provisions affecting those living with or affected by HIV is expected to inform a law reform effort that would include measures to protect against discrimination based on sexual orientation and gender identity.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
14. UNCT referred to a UPR recommendation that the Marshall Islands had accepted, to include in the Constitution sex, disability, sexual orientation and gender identity as prohibited grounds for discrimination, and encouraged the Marshall Islands to amend the Constitution to include sex and disability as grounds for non-discrimination.
IV. References to SOGIESC issues during the Working Group review
No references.
V. Conclusions and/or recommendations
Marshall Islands accepted the following recommendations:
75.41 Ensure that all forms of discrimination based on gender or sexual orientation are fully prohibited; implement the legal protection foreseen and provide assistance to victims of gender-based, sexual or domestic violence (Germany);
75.42 Continue with the current law reform effort to include measures protecting against discrimination based on sexual orientation, gender identity or disability (Israel).
VI. Further information
You will find all documents relating to Marshall Islands’s second review at UPR-Info and OHCHR’s websites.