Everything You Need to Know About UPR 38

Published on июня 04, 2021

The 38th session of the Universal Periodic Review (UPR) was held in Geneva, from May 3-14, 2021.

Fourteen countries were reviewed during UPR38: Belgium, Denmark, Estonia, Latvia, Mozambique, Namibia, Niger, Palau, Paraguay, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia.

Adoption of UPR Outcomes: September/October 2021

The UPR outcome for each State reviewed during UPR38 will be adopted at the 48th session of the HRC (September/October 2021). The outcome report indicates which recommendations the State agrees to implement and its responses to other recommendations. This is the only opportunity for civil society to make an oral statement during the official UPR process. The SRI, in collaboration with partners and allies, will work to ensure that sexual and reproductive rights are visible during this segment of the UPR process.

The intervening period is an opportunity to engage in dialogue with States on accepting relevant recommendations – and, at the same time, not accepting those recommendations that are inconsistent with human rights norms and standards. It is also a means for gaining the support of media and the general public.

Below are some sexual rights related highlights from each UPR38 review. Click here for the full list of recommendations made related to sexual rights, including State responses to date. 

Explainer on Terminology

  • Accepted Recommendation: State agrees to implement the recommendation
  • Deferred Recommendation: State will announce in September if it agrees to implement the recommendation
  • Noted Recommendation: State does not agree to implement the recommendation

Click here for the full list of UPR38 Sexual Rights Recommendations

Belgium

Accepted Recommendations 

  • Continue measures to combat discrimination on the grounds of race, religion, ethnicity, sex and physical condition and ensure their inclusion in the political and public life. (Nepal)
  • Implement the commitment made in the Nairobi Summit on the International Conference on Population and Development to support programs focused on maternal mortality, promoting family planning, sexual and reproductive health for adolescents and combating sexual violence and gender-based violence including prevention and care of survivors. (Panama)
  • Take further legislative steps to ensure legal gender recognition happens through a quick, transparent and accessible procedure. (Malta)

Noted Recommendations 

  • Adopt specific legislation on domestic violence and, in particular, violence against women, and ensure that all migrant women can request protection against domestic violence and put an end to expulsion processes in this context. (Argentina)

Denmark

Deferred Recommendations 

  • Continue promoting the revision of the law to establish mechanisms that allow minors under 18 years of age to modify their legal gender. (Uruguay)
  • Maintain the efforts to promote and protect the rights of LGBTI persons, especially to protect the body integrity of intersex girls and boys. (Chile)
  • Incorporate consent to the elements that make up the legal definition of rape, in line with the recommendations of the Committee on Economic, Social and Cultural Rights. (Panama)
  • Address violence against women and provide the appropriate support services to rape and sexual assault survivors in the Faroe Islands. (Iceland)
  • Step-up efforts to ensure free and complete health care by all migrants, irrespective of their residence status. (Bangladesh)
  • Ensure that concerns and situation of migrant women are adequately reflected in strategies to address gender-based violence and harassment. (Philippines)

Estonia

Deferred Recommendations 

  • Strengthen efforts to protect LGBTI persons from hate speech and address discrimination, including by amending the Equal Treatment Act to prohibit discrimination on the basis of sexual orientation, gender identity and intersex status in all areas of public life. (Australia)
  • Enact a special law on violence against women and girls, as well as amend the Penal Code to criminalize sexual harassment and broaden the definition of "rape." (Spain)
  • Amend the Penal Code so that the definition of rape encompasses any non-consensual sexual act. (Chile)
  • Change the regulation of gender recognition by separating the processes of medical and legal gender recognition and ensure that legal gender recognition is based on self- determination. (Iceland)
  • Continue the efforts already made to provide migrants and other vulnerable groups with better access to health, education and other social services. (Niger)

Latvia

Deferred Recommendations 

  • Ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence, and criminalize violence against women and girls as specific crimes in the Criminal Code. (Spain)
  • Advance in the design of an action plan focused on the full recognition of the rights of lesbian, gay, bisexual, trans and intersex persons, and on the eradication of all forms of violence and discrimination against them. (Chile)
  • Pass and implement laws that would recognize same-sex partnerships and define the rights and obligations of co-habiting couples in same-sex unions. (Iceland)
  • Further improve access of women to sexual and reproductive health services. (Greece)
  • Strengthen efforts to ensure the protection of women against rape and sexual violence through possible legislative reform and establishing appropriate avenues for reporting abuse. (Australia)

Mozambique

Deferred Recommendations 

  • Further advance the protection of the rights of LGBTI persons by prohibiting discrimination on the basis of sexual orientation and gender identity, and guaranteeing the right to freedom of association for LGBTI persons. (Spain)
  • Review and amend article 169 (1) a of the Penal Code to remove barriers for rural women and girls to access abortion. (Denmark)
  • Implement the commitment made at the Nairobi Summit on ICPD25 to distribute quality and safe long term modern contraceptive methods, information and education in 100 per cent of secondary schools by 2030. (Iceland)
  • Improve sexual and reproductive health through comprehensive education, including awareness on HIV and enhancement of family planning. (Malawi)
  • Ensure that all women and girls have access to free and quality sexual and reproductive health services. (Mexico)
  • Take all necessary measures to eliminate child marriage and harmful aspects of initiation rites for girls. (Zambia)

Namibia

Deferred Recommendations 

  • Carry out awareness campaigns for the public, health personnel and educators on the right to health, sexual and reproductive rights and gender-based violence, and ensure that adolescents and young people have access to information and comprehensive education on the subject. (Uruguay)
  • Increase its efforts of tackling stigmatisation and discrimination against persons, especially women and girls infected with HIV/AIDS by prioritizing support and education. (South Africa)
  • Formally repeal the legacy common law prohibition of sodomy. (Australia)
  • Revise existing laws on abortion, including the Abortion and Sterilization Act of 1975, and develop national service protocols and provider training guidelines in accordance with the Maputo Protocol and WHO best practices. (Netherlands)
  • Implement the commitment made at the Nairobi Summit on ICPD25 to strengthen institutional capacity to deliver quality comprehensive sexuality education. (Iceland)
  • Step up efforts to eradicate traditional practices harmful to women and girls, such as the ritual of Olufuko, which involves child marriage, by criminalizing such practices and prosecuting alleged perpetrators. (Brazil)

Niger

Deferred Recommendations 

  • Lift its reservations to the CEDAW and ratifies the Maputo Protocol, to promote gender equality and women’s rights. (Norway)
  • Decriminalize consensual sexual relations between adults of the same sex and move forward towards the elimination of violence and discrimination based on sexual orientation and gender identity. (Chile)
  • Undertake investigation on all reports and allegations of Gender Based Violence (GBV) against girls including sexual assault, rape and domestic violence and ensure that perpetrators are brought to justice. (Botswana)
  • Implement the commitment made at the Nairobi Summit on ICPD25 to promote sexual and reproductive health and empowerment of women and girls. (Iceland)
  • Implement measures and allocate adequate resources to improve adolescents’ access to sexual and reproductive health services, information and contraceptives, as part of the National Health Development Plan 2022-2026. (Netherlands)
  • Take further action to ensure gender equality and women’s rights, including access to sexual and reproductive health and rights, as well as girls’ right to education, with a view to prevent child marriages and premature pregnancies and promoting girls’ and women’s freedom of choice and autonomy. (Norway)

Palau

Noted Recommendations 

  • Review the legislative framework to explicitly prohibit discrimination on grounds sexual orientation or gender identity, and eliminate all legal or administrative provisions that may discriminate against LGBTI persons. (Mexico)
  • To repeal and amend laws and regulations establishing age and third party authorization requirements for adolescents to access sexual and reproductive health information, education and services. (Netherlands)
  • Increase the participation and representation of women in public and political life through public policies and awareness raising programmes as well as strengthen education programmes on sexual and reproductive health. (Spain)
  • Continue efforts to combat and eliminate violence against women and children and consider the development and adoption of a national strategy to frame and advance these efforts. (Fiji)

Paraguay

Deferred Recommendations 

  • Implement the commitment made at the Nairobi Summit on ICPD25 to expand the supply of combined oral contraceptive methods, incorporate sexuality education in all formal and non- formal education, and promote prevention programs to reduce the high rate of adolescent pregnancies. (Iceland)
  • Legalize abortion in cases of risk to the health of the woman, rape or severe foetal impairment and decriminalize it in all other cases. (Czechia)
  • Strengthen its commitment to gender equality and women’s sexual and reproductive rights through the implementation of the recommendations of the Committee of the CEDAW, particularly by raising the necessary relevance of this issue in the public opinion, members of Parliament, the judiciary, and public officials. (Uruguay)
  • Consider treating legislation to ensure access to adequate sexual and reproductive health, contraception and education services from childhood. In this regard, Argentina offers to share its experiences in the matter. (Argentina)
  • Revoke Ministry of Education and Science resolution 29664 which prohibits public education materials on gender equality, reproductive rights, sexuality and non-discrimination and establish gender-responsive comprehensive sexuality education in schools nationwide. (Canada)

Seychelles

Accepted Recommendations 

  • Adopt a national policy on sexual and reproductive health. (Luxembourg)
  • Provide access to quality sexual and reproductive health services, including comprehensive sexual education as part of the school curriculum and full and equal access to modern forms of contraceptives. (Denmark)

Deferred Recommendations 

  • Implement the commitment made at the Nairobi Summit on ICPD25 to ensure zero unmet need for family planning information and services, and universal availability of quality, affordable and safe modern contraceptives. (Iceland)
  • Strengthen legislative, policy and institutional measures to protect the sexual and reproductive health and rights of women and girls, men and boys, including reproductive health programmes for adolescents, and to ensure access to comprehensive health services, confidential counselling and support for pregnant adolescent girls. (Canada)
  • Ensure the effective retention and reintegration of pregnant girls and young mothers into the school system, including by reviewing the teenage pregnancy policy to include out-of-school educational support for teenage mothers. (Guyana)
  • Continue to move towards the elimination of all forms of gender-based violence and discrimination against lesbian, bisexual, trans and intersex women. (Chile)

Sierra Leone

Deferred Recommendations 

  • Decriminalize same-sex sexual relations between consenting adults by repealing sections 61 and 62 of the Offences Against the Persons Act 1861, and pass legislation to prohibit discrimination based on sexual orientation or gender identity. (Canada)
  • Further improve sexual and reproductive health services, particularly for adolescents, including improved access to contraceptives and safe and legal abortion as well as comprehensive sexuality education. (Sweden)
  • Strengthen accountability mechanisms to address sexual and gender-based violence against women and girls, including sexual abuse and marital rape. (Costa Rica)
  • Develop a national action plan to address sexual and gender-based violence and increasing efforts to eliminate female genital mutilation by enacting specific legislation. (Malawi)
  • Strengthen its commitment to the prevention of adolescent pregnancies and child sexual abuse through the prompt completion and implementation of the National Manual of Comprehensive Sexual Education, as well as through the full implementation of the National Strategy for the Reduction of Adolescent Pregnancy and Child Marriage. (Uruguay)

Singapore

Deferred Recommendations 

  • Address discriminatory laws and practices against the LGBTI community, including through the repeal of Section 377A in the Penal Code, and enable transgender persons to change their legal sex without undergoing sex reassignment surgery. (Canada)
  • Remove all existing obstacles to the registration of LGBTI organisations. (Norway)
  • Consider implementing training for healthcare professionals on sexual orientation and gender identity issues, with the aim of eliminating discrimination in healthcare access. (Malta)
  • Amend the Penal Code and the Criminal Procedure Code to classify all forms of violence against women and girls as a crime and broaden the definition of rape. (Spain)
  • Criminalise domestic violence and marital rape. (Latvia)

Solomon Islands

Deferred Recommendations 

  • Decriminalize consensual sexual relations between adults of the same sex; adopt legislation that prohibits discrimination based on sexual orientation and gender identity; and adopt the necessary measures to prevent and punish threats and violence against LGBTI persons. (Mexico)
  • Ensure the provision of and access to age-appropriate information, education and adolescent-friendly comprehensive, quality and timely sexual and reproductive health services at both government and non-government led health facilities for adolescents and youth, including those with disabilities. (Malaysia)
  • Develop and adopt comprehensive sexuality education in the mandatory school curriculum in line with the United Nations international technical guidance on sexuality education. (Netherlands)
  • Consider modifying its legislation to decriminalize abortion in cases of rape, incest and risk to the health of the mother or serious malformations of the foetus and consider decriminalizing it in all other cases, provide women with high-quality post-abortion care, guarantee freedom women's access to modern contraception as part of the policy on free health care, and provide age-appropriate information and education on sexual and reproductive health. (Argentina)
  • Strengthen regulations to combat gender violence, establish and provide budgetary funding for reception and support programmes for victims, undertake awareness-raising campaigns, as well as combat the practice of the “bride price”. (Spain)

Somalia

Deferred Recommendations 

  • Decriminalize consensual sexual relations between adults of the same sex and expand its anti-discrimination legislation, to include a prohibition of discrimination on the basis of sexual orientation and gender identity. (Iceland)
  • Redouble efforts exerted to eliminate female genital mutilation, including adopting laws and legislations that categorically criminalize this practice, and intensifying awareness campaigns on the health and psychological risks associated with female genital mutilation. (Sudan)
  • Protect the rights of women and girls, guarantee their access to sexual and reproductive rights and health and fight against gender-based violence, including genital mutilation. (France)
  • Tackle sexual violence and immediately reject the law legalising early child marriage, reducing the sentence for forced marriage and decriminalising many sexually motivated crimes. (Czechia)
  • Adopt survivor-centred legislation on the prevention and prosecution of sexual offences, in conformity with international standards, and drawing on the text of the Sexual Offences Bill 2018. (Ireland)
  • Enact a sexual offences bill, especially in cases of rape involving minors. (Mauritius)

Click here for the full list of UPR38 Sexual Rights Recommendations