| For a summary of Nicaragua’s review at the second cycle please click here. |
7th UPR session
Date of review: 8 February 2010
Date of report adoption: 17 March 2010
Document number: A/HRC/14/3
|
SUMMARY SOGIESC issues during Nicaragua’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
7. La Procuraduría para la Defensa de los Derechos Humanos (PDDH) (Office of the Human Rights Procurator) noted that the abrogation of article 204 of the Criminal Code and the adoption of articles penalizing discrimination on grounds of sexual orientation were signs of progress. Nevertheless, the Office recognized that discrimination persisted in access to decent work, education free of prejudice, access to justice and recognition for gender identity.
Right to education
54. PFCLC-IDS [The Programa Feminista Centroamericano La Corriente and the Iniciativa por los Derechos Sexuales] said that despite the provision in the Constitution declaring education to be non-denominational, throughout its history the State has pursued education policies which have been influenced by conservative ideas — mainly linked to religious ideology — in respect of gender, sexuality and reproduction. PFCLC-IDS recommended that religious interference should be avoided in proposals and decisions concerning State education policy and planning, particularly where sex education and reproductive health are concerned; it also recommended that a health and education policy that meets the needs of men and women and enables them to lead sexually responsible lives free from any form of discrimination should be agreed upon with civil society, including women’s and feminist organizations.
II. Excerpts on SOGIESC issues from the national report
III. Promotion and protection of human rights
C. Action to combat discrimination and specific vulnerable groups
80. The new Criminal Code has established the right to freedom of sexual orientation by decriminalizing same-sex relationships.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
17. UNCT noted that the new Criminal Code, which came into force in mid-2008, abolished the crime of sodomy. A decision taken by the Ministry of Health in August 2009 prohibits health workers from discrimination against people on the grounds of their sexual orientation.
IV. References to SOGIESC issues during the Working Group review
27. The new criminal code had decriminalized sexual relations between persons of the same sex and thus provided for the right to free sexual orientation. The Office of the Prosecutor for the Defence of Human Rights had recently appointed a special prosecutor for sexual diversity.
44. Canada […] welcomed the decriminalization of consenting samesex relations and the commitment to strengthen the rule of law and consolidate democracy.
49. The United Kingdom of Great Britain and Northern Ireland […] encouraged greater civil society collaboration to ensure that women and children had access to independent legal and medical assistance, and encouraged action by the government to change perceptions towards disabled people, sufferers of HIV/AIDS and lesbian, gay, bisexual and transgender groups.
50. Norway […] was concerned by the reported discrimination of the LGBT population and welcomed the decriminalization of homosexual relations in the 2008 Penal Code and the appointment, first in the region, of a Special Ombudsman for the Rights of Sexual Diversity.
75. Colombia […] commended the steps taken to combat all forms of discrimination by decriminalizing same-sex relations.
V. Conclusions and/or recommendations
Nicaragua accepted the following recommendations:
90.7. Review the compliance of national legislation with its obligations from the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and strengthen anti-discrimination legislation and programmes through explicit inclusion of grounds of sexual orientation and gender identity (Czech Republic).
VI. Further information
You will find all documents relating to Nicaragua’s first review at UPR-Info and OHCHR’s websites.