| For a summary of Saint Kitts and Nevis’ review at the first cycle please click here. |
23rd UPR session
Date of review: 11 November 2015
Date of report adoption: 15 December 2015
Document number: A/HRC/31/16
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SUMMARY SOGIESC issues during Saint Kitts and Nevis’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
10. JS2 reported that during the 2011 review, despite several recommendations made to decriminalize consensual same sex relations, Saint Kitts and Nevis stated that a popular “mandate” was necessary for state protection of the rights of sexual minorities, and that continued criminalization of consensual sex under sections 56 and 57 of the Offences against the Person Act was justified because of “strong opposition” by citizens to repeal these laws.
11. JS2 affirmed that subsequent to UPR 2011, acts of violence committed against persons because of their sexual orientation or gender identity continued to occur, and persons who defended the rights of these individuals were often subjected to verbal attacks.
12. JS2 explained that the Constitution of Saint Kitts and Nevis did not protect persons of different sexual orientation or gender identity from discrimination but reserved this protection for persons only on the basis of traditional grounds such as: race, sex, religion, etc. It recommended that Saint Kitts and Nevis amend the Constitution to include sexual orientation and gender identity as part of the classification of persons who must be protected from discrimination
13. JS2 recommended that Saint Kitts and Nevis implement a policy moratorium on prosecutions of consensual same sex relations. It further recommended that Saint Kitts and Nevis decriminalize consensual same-sex relations in all provisions of the country’s legislation especially Sections 56 and 57 of the Offences against the Person Act, and bring its legislation into conformity with its commitment to equality and non-discrimination. JS2 also recommended that Saint Kitts and Nevis raise public awareness regarding nondiscrimination of LGBT persons and include sexual orientation as part of the curriculum in Health and Family Life Education for schools.
Right to health
40. JS2 asserted that LGBT individuals continued to confront unacceptable levels of discrimination and stigma when visiting health clinics and that the fact that sexual acts between consenting same sex adults were criminalized impeded access to necessary healthcare. It recommended that Saint Kitts and Nevis ensure all state-run healthcare facilities adopt policies which unequivocally prohibit discrimination of all people accessing healthcare and have measures in place to sanction those who violate these regulations.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
11. The subregional team asserted that the Constitution prohibited discrimination on the basis of sex, race, place of origin, political opinions, colour or creed, but that no specific legislation addressed discrimination on the basis of disability, language, sexual orientation, gender identity or social status. UNESCO underscored that no sufficient measures had been taken to address persisting discriminations.
15. The subregional team stated that societal negative attitudes towards the lesbian, gay, bisexual and transgender community impeded the operation of organizations working for such individuals and their free association. It asserted that public discourse on the rights of such individuals indicated that there remained strong sentiment against homosexuality and gay marriage, and reported that the former Prime Minister had publicly advocated a review of the country’s anti-sodomy laws and tolerance for lesbian, gay, bisexual and transgender individuals.
IV. References to SOGIESC issues during the Working Group review
16. The delegation expressed that, although discrimination against people on the basis of sexual orientation or gender identity was not specifically prohibited in the Constitution, and although no domestic law had yet been drafted regarding the same, there was no formal or positive legal discrimination against persons in Saint Kitts and Nevis on that basis. It asserted that no laws existed that prohibited discrimination against a person on the basis of sexual orientation or gender identity and that the Government had asserted that it had received no reports of violence or discrimination on that basis.
33. Brazil […] encouraged the country to raise public awareness aimed at promoting non-discrimination against lesbian, gay, bisexual, transgender and intersex persons.
39. The United Kingdom […] encouraged the Government to review criminal justice procedures; ensure the full and equal enjoyment of all human rights by persons with disabilities; sign the first two Optional Protocols to the Convention on the Rights of the Child; and promote a culture of tolerance and take concrete domestic actions to end all discrimination, including gender-based discrimination and discrimination against lesbian, gay, bisexual and transgender people.
50. Ireland […] remained concerned about reports of violence and discrimination of persons because of their sexual orientation.
77. Australia welcomed the support of Saint Kitts and Nevis for the Organization of American States resolutions on sexual orientation and gender equality. Australia remained concerned by the criminalization of consensual same-sex activity between men, which carried a penalty of up to 10 years’ imprisonment, and the lack of legislation that prohibits discrimination on the basis of sexual orientation or gender.
87. On teenage pregnancy, the Ministry of Education had adopted the Health and Family Life Education core curriculum in schools, supported by UNICEF. A theme unit of that document addressed sexuality and sexual health, whereby students learned about sexuality in terms of the total expression of who they are as human beings. It was envisaged that gaining an understanding about this critically important topic would prevent any discrimination against persons on the basis of their sexual orientation or sexual identity.
V. Conclusions and/or recommendations
Saint Kitts and Nevis noted the following recommendations:
92.47 Take all necessary measures to end all forms of discrimination still existing in Saint Kitts and Nevis and analyse the possibility of creating a specific law on discrimination based on disability, language, sexual orientation, gender identity or social status (Argentina);
92.49 Take the necessary measures to decriminalize same-sex consensual relations (Brazil);
92.50 Meet Saint Kitts and Nevis’ commitments to equality and nondiscrimination by prohibiting discrimination based on sexual orientation (Canada);
92.51 Remove any rule criminalizing sexual relations between consenting adults of the same sex, and include sexual orientation and gender identity as unlawful grounds of discrimination in all areas (Chile);
92.52 Adopt legislation to decriminalize homosexuality and to recognize the rights of lesbian, gay, bisexual and transgender people (France);
92.53 Decriminalize consensual adult same-sex relations by amending sections 56 and 57 of the Offences against the Person Act and take all necessary steps to ensure the enjoyment of their rights by all persons without discrimination on grounds of sexual orientation or gender identity (Ireland);
92.54 Carry out awareness campaigns for the population in relation to nondiscrimination based on sexual orientation (Spain);
92.55 Decriminalize same-sex sexual conduct between consenting adults in the Offenses Against the Person Act and enact legislation to prevent discrimination against lesbian, gay, bisexual, transgender and intersex persons (United States);
92.56 Repeal all legislation which may discriminate against lesbian, gay, bisexual, transgender and intersex persons (Australia).
VI. Further information
You will find all documents relating to Saint Kitts and Nevis’s second review at UPR-Info and OHCHR’s websites.