Justice and Human Rights Switzerland Project #22271

Proudly Pushing the Global Sexual Rights Agenda

by Action Canada for Sexual Health and Rights-- pour la sante et les droit sexuels

Project Report | Feb 13, 2017
Strong Recommendations through UN and International Solidarity on Global Gag Rule

By Tara Henderson | Director of Fundraising and Operations

We are happy to send you this report on our work at the last Universal Periodic Review through the UN and update you on the global solidarity building around the U.S. Global Gag Rule, or Mexico City Policy.

Action Canada for Sexual Health and Rights is the secretariat of the Sexual Rights Initiative (SRI). The SRI supports and resources human rights defenders in countries around the world working on sexual and reproductive health and rights. Sexual and reprodcutive health and rights include: abortion access, material and child health and morbidity, sex work, contraception, LGBTI+, trans rights, comprehensive sexuality education, laws and policies upholding these rights, etc. You may remember our work on the Laws and Policy Database - this database has been well received. We aim to add many more countries, this requires solid researchers, in country contacts, and translation for each country. Resources this helpful take time and effort and investment. We have linked the Laws and Policies Database here, many countries are included and there are many more to be researched and represented.

The Sexual Rights Initiative signed a joint statement in support of the 'She Decides' Initiative along with many other civil society organizations around the world applauding the Dutch led She Decides initiative to counterbalance the effect of the Global Gag Rule and encouraged other likeminded governments and allies to join the fight. Hard fought advances on sexual and reproductive rights are at risk due to the critical funding loss faced by many organizations.

Here are the highlights from the most recent Universal Periodic Review (UPR 26):

Find out which human rights recommendations were accepted, noted or deferred by Haiti, Iceland, Lithuania, Moldova (Republic of), South Sudan, Syrian Arab Republic, Timor-Leste, Togo, Uganda, Venezuela (Bolivarian Republic of), and Zimbabwe during the latest UN Universal Periodic Review.

The 26th session of the Universal Periodic Review (UPR) was held at the UN Human Rights Council, in Geneva, from 31 October-11 November 2016.

Eleven countries were reviewed during UPR26: Togo, Syrian Arab Republic, Venezuela, Iceland, Zimbabwe, Lithuania, Uganda, Timor Leste, Republic of Moldova, Haiti, and South Sudan.

The Sexual Rights Initiative (SRI) collaborated with national NGOs in six of the countries reviewed to prepare nine stakeholder submissions and advocate for strong recommendations on sexual and reproductive rights. They include:

Adoption of UPR Outcomes: September 2016

The UPR outcome for each State reviewed during UPR26 will be adopted at the 34th session of the HRC (March 2017). 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 highlights from each UPR26 review. Click here for the full list of recommendations made related to sexual rights, including State responses to date.

Click here for the full list of UPR26 Sexual Rights Recommendations

Haiti

Accepted Recommendations

Intensify its efforts in protecting the rights of women and promote gender equality by revising legal framework, strengthening law enforcement and supporting victims of domestic violence in their legal process, rehabilitation and reintegration (Thailand)
Adopt a comprehensive legislative framework concerning violence against women that includes a definition of rape in line with international standards and criminalize marital rape (Belgium)

Noted Recommendations

Take measures to combat norms, practices and stereotypes that cause discrimination and violence based on sexual orientation and gender identity (Colombia)

Iceland

Accepted Recommendations

Enact legislation that includes protection from discrimination on the basis of intersex status (Australia)
Take general measures to eliminate gender stereotypes on the role and obligations of women and men, in particular through awareness-raising campaigns and education (Ecuador)
Closely monitor the investigation and prosecution of cases of domestic and sexual violence and their effectiveness, improve access to justice for victims of such violence and provide training in the field of domestic and sexual violence for judges, police, prosecutors and other relevant professionals (Czech Republic)

Lithuania

Deferred Recommendations

Adopt measures that guarantee the respect for the rights of LGBTI persons, by investigating and punishing acts of violence and discrimination as well as reviewing all legislation that may affect their rights (Argentina)
Redouble efforts to combat gender-based violence by criminalizing marital rape, thoroughly investigating and prosecuting acts of violence against women, and issuing guidelines for and providing training to law enforcement and judicial officials on handling domestic violence cases in all regions (Canada)
Take actions to improve sexual and reproductive health and rights according to previous recommendations and formulate a national strategy on sexual and reproductive health and rights, and integrate sexual and reproductive health into the next National Health Programme for 2026-2036 (Finland)
Establish and implement integrated strategies for […] unwanted pregnancies among girls and young people (Costa Rica)

Moldova

Accepted Recommendations

Ensure the effective implementation and enforcement of existing legislation with a view to reducing structural disadvantages that hamper the effective realisation of substantive gender equality (Slovakia)
Duly investigate the crimes of hate and discrimination, among them, the most recent acts committed against the LGBTI community (Uruguay)
Continue to develop a policy framework and implement a comprehensive strategy to combat domestic violence that includes education and public awareness for rural areas, strengthened mechanisms to hold offenders to account, and enhanced training for law enforcement officials (Canada)

South Sudan

Accepted Recommendations

Strengthen the efforts to prevent discrimination and violence against women and girls, including by eradication of harmful practices such as child, early and forced marriage (Slovenia)

Deferred Recommendations

Urgently adopt effective measures to combat sexual violence in the whole territory, to ensure accountability for those responsible of such crimes, and to ensure total redress for victims, by guaranteeing sufficient financial resources to implement such measures (Chile)
Repeal penal code provisions that criminalize sexual relations between consenting adults of the same sex (Uruguay)

Syria

Deferred Recommendations

Amend the Penal Code and Criminal Code to eliminate mitigated sentences for rapists who marry their victims for so called “honour crimes” (Sierra Leone)
Conduct a review of the Personal Status Law and other relevant laws which will remove the provisions discriminatory towards women such as those not granting them guardianship of their children, disabling them from travelling with their children on their own or not allowing them transferring their citizenship to their children (Czechia)
Immediately implement Security Council Resolution 1325 and related resolutions on women, peace and security, including by taking special measures to protect women and girls from gender-based violence and to hold perpetrators of such acts accountable (Finland)

Timor Leste

Deferred Recommendations

Consider reviewing the provisions in its penal code which contain punitive measures against women who have undergone illegal abortions (Norway)
Strengthen the legal framework in order to ensure gender equality and to ban discrimination on the grounds of sexual orientation and gender identity (Chile)
Step up efforts to reduce maternal mortality by expanding coverage and quality of health services, goods and facilities focusing on maternal health care (Netherlands)
Implement the National Action Plan against sexual and gender-based violence, including by improving access to justice for victims, providing targeted training and capacity-building to law enforcement and judicial officials, and dedicating sufficient resources to enable key ministries to implement the Action Plan and increase coordination (Canada)

Togo

Accepted Recommendations

Implement formal and effective prevention and protection mechanisms for women victims of violence and female genital mutilation (Spain)

Noted Recommendations

Ensure a safe working environment for human rights defenders, by modifying the legislation that allows the denial of legal registration of organisations specialised in reproductive and sexual rights of women as well as associations defending the rights of LGBTI (Canada)
Adopt and implement legislation prohibiting discrimination on the basis of sexual orientation and gender identity, including by decriminalising consensual same-sex sexual conduct (Slovenia)

Uganda

Deferred Recommendations

Fully implement the School Health Policies and the Adolescent Health Policy to provide reproductive health education for adolescents and prevent teenager pregnancy (Germany)

Noted Recommendations

Take measures to combat rules, practices and stereotypes that cause discrimination and violence against lesbians, gays, bisexuals and transgender persons, particularly those that are an attack against their dignity and self-determination with respect to their sexual orientation (Colombia)
Revise legislation on abortion in order to ensure all women have access to abortion and health-care in order to reduce maternal mortality (Congo)
Increase access to sexual and reproductive health services for vulnerable groups, including sexual minorities, by raising the health budget to 15 per cent in line with the Abuja declaration (Netherlands)

Venezuela

Deferred Recommendations

Ensure respect for and protection of LGBTI persons through measures such as the decriminalization of homosexual relations in the armed and security forces, the recognition of same-sex couples and the right to change identity for transgender people (Spain)
Adopt a comprehensive program on sexual health and reproductive rights based on human rights and WHO standards and to allocate sufficient resources for its implementation (Belgium)
Ensure full and equal access to modern contraceptives throughout its territory, including in peri-urban, rural and indigenous territories (Denmark)

Zimbabwe

Accepted Recommendations

Develop and operationalize a comprehensive strategy on preventing maternal, neonatal and child mortality (Botswana)
Set up a strategy to promote the rights of women to combat discrimination against women and girls, focusing in particular on matters such as early or forced marriage, sexual violence, equal access to education and equal access to land ownership, inter alia (Mexico)
Amend all statutory and customary laws as soon as possible to establish the minimum age of marriage at 18 years, create and implement a comprehensive national plan of action to combat the practice of child marriage and its root causes (Ireland)

Noted Recommendations

Prohibit discrimination against persons because of their real or imputed sexual orientation, gender identity or expression, and ensure adequate protection for LGBTI persons, sex workers, and other marginalized group (Canada)

Click here for the full list of UPR26 Sexual Rights Recommendations

More info about the UPR

The UPR mechanism of the United Nations Human Rights Council is used

Links:

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Nov 14, 2016
Sexual Health and Rights and the UN Human Rights Council

By Action Canada for Sexual Health and Rights | The Sexual Rights Initiative

Sexual and reproductive health and rights are human rights. Working in collabortion with organizations around the globe to ensure states fulfill their human rights obligations makes a difference in 1000's of lives. At the 33rd session of the United Nations the Sexual Rights Initiative was at the UN Human Rights Council which took place from the 12th to the 30th of September 2016. Here is an overview of resolutions, panel, oral statements and side events related to sexual rights that took place during the session.

The session recap features videos of resolutions, linkages to women's rights within different resolutions, summaries of the panels. Each session the SRI partners work together to advance sexual and reproductive health and rights in states around the globe. A webinar, described below and expanded upon further in the report, was delivered to leaders created intersections between human rights and bodily autonomy. Bodily autonomy leads to informed and empowered choice, it is an important issue intersecting with: consent, mental health, healthcare, maternal and child rights, and more.

Ensuring sexual and reproductive health and rights are integrated within the UN HRC and clear decisive language is used to extend and defend these rights to all is important work. Bringing the resolutions and recommendations back to each state to hold governments accountable for the fundamental rights to sexual and reproductive health and rights is an important element of the work of the SRI.

Than you for supporting this important effort! For a report and further information about the HRC33 you can see what in included below and access links.

Should you have questions about this work or wish to learn more please feel free to get in touch - donations@sexualhealthandrights.ca.

The HRC33 Recap provides information on some of the key sexual rights related:

all of which the Sexual Rights Initiative (SRI) was engaged with during the session.

Global Action on Safe and Legal Abortion

In recognition of the Day of Action for Access to Safe and Legal Abortion, the panel Global Action on Safe and Legal Abortion shared different country experiences of advocating for safe and legal abortion, highlighted the human rights obligations of States to provide access to safe and legal abortion, and discussed opportunities to utilize HRC mechanisms to affect policy and legal changes at the national level.

What is the HRC?

Created in 2006 to replace the United Nations Human Rights Commission, the Human Rights Council is the foremost international body for the promotion and protection of human rights and can be used to bring substantial pressure on governments to take steps to implement human rights norms. The Human Rights Council is comprised of governments of countries that are members of the United Nations and is an important venue to develop and advance sexual rights as a critical part of the international human rights framework.

Annual half-day discussion on the rights of indigenous peoples
Theme: The causes and consequences of violence against indigenous women and girls, including those with disabilitiesThe panel discussion will be based on a holistic approach to the issue of violence against indigenous women and girls, recognizing that such violence is deeply influenced by ethnicity, gender, and historical factors, and that addressing such violence requires an intersectional approach to human rights.The SRI delivered an oral statement addressing the legacy of colonialism, perpetuated by post-colonial power structures, patriarchy, gender norms and stereotypes and neo-liberal economic policies, which denies indigenous women’s agency, excludes indigenous women from development paradigms and increases vulnerability to violence and abuse.

SRI Side Events

The SRI hosted a specialized training in Geneva wihere the panel articulated the benefits of advancing a holistic and intersectional understanding of bodily autonomy, explored the interlinkages between sexual rights issues affecting bodily autonomy, and encouraged the Human Rights Council to continue to produce contextualized analyses of sexuality and gender in relation to bodily autonomy. Bodily Autonomy & Sexual Rights

The panel articulated the benefits of advancing a holistic and intersectional understanding of bodily autonomy, explored the interlinkages between sexual rights issues affecting bodily autonomy, and encouraged the Human Rights Council to continue to produce contextualized analyses of sexuality and gender in relation to bodily autonomy.

With each session of the HRC we have an opportunites to further protect& guarantee the rights of women and girls, LGBTQI+, marginalized people, and so many more. See our full report here.

Links:

Full report from the Sexual Rights Initiative

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Aug 15, 2016
SRI at the 32nd session of the UN Human Rights Council

By Sandeep Prasad | Executive Director, Action Canada

The 32nd session of the UN Human Rights Council took place from the 13th of June to the 1st of July 2016.

In this report, you will find information on some of the key sexual rights related:

Resolutions
Panels and Discussions
Oral Statements

all of which the Sexual Rights Initiative (SRI) was engaged with during the 32nd session of the Human Rights Council (HRC32).

Sexual Rights-related Resolutions

Accelerating efforts to eliminate violence against women: Preventing and responding to violence against women and girls, including indigenous women and girls A/HRC/32/L.28

For the first time in UN history, Comprehensive Sexuality Education is referenced without being qualified by a footnote.

The annual resolution led by Canada focused on Indigenous women this year and sought to renew the mandate of the Special Rapporteur on violence against women, its causes and consequences.

While the resolution lacked specificity in relation to the context in which Indigenous women and girls experience violence and their exposure to different forms of violence, the negative impact of colonialism and access to culturally acceptable services, the resolution did make advances in other areas. For the first time in UN history, comprehensive sexuality education is referenced without being qualified by a footnote. The resolution also references intimate partner violence and women human rights defenders as well as sexual and reproductive health and reproductive rights, emergency contraception, prevention of adolescent pregnancy, safe abortion where permitted by national law, and women’s rights to have control over all matters related to their sexuality.

The resolution was adopted by consensus, however, Russia introduced 11 amendments (7 of which were withdrawn), to remove references to the Security Council, intimate partner violence, human rights defenders and comprehensive sexuality education. All amendments were defeated. Reservations were noted by Paraguay, Saudi Arabia (on behalf of the Gulf Cooperation Council), Togo and China.

AMENDMENT VOTING

Removal of reference to Security Council
YES 12 / NO 22 / ABSTAIN 13
L36 Rejected

Removal of reference to Intimate Partner Violence
YES 15 / NO 22 / 9 ABSTAIN
L37 Rejected

Removal of reference to Human Rights Defenders
YES 14 / NO 23 / ABSTAIN 10
L42 Rejected

Removal of reference to Comprehensive Sexuality Education
YES 10 / NO 24 / ABSTAIN 12
L43 Rejected

Click here to read the resolution

Discrimination Against Women in Law and Practice A/HRC/32/L.7

The annual resolution led by Colombia and Mexico focused on discrimination against women with regard to the right to health and safety, the theme of the most recent report of the Working Group on Discrimination Against Women in Law and Practice. The main ask of the resolution was for the extension of the mandate of the Working Group on Discrimination Against Women for a further three years.

The resolution contains strong language on sexual and reproductive health and rights including repealing discriminatory laws such as third party authorization for health services; eliminating legal, administrative, financial and social barriers that hinder women’s right to health; reaffirming women’s rights to bodily autonomy and to have control over all matters related to their sexuality; recognizing that women’s health care is often deficient in relation to privacy and confidentiality and informed choice; and calls upon States to promote a human rights based approach to women’s health.

The resolution was adopted by consensus, however, Russia introduced three amendments to remove references to human rights defenders, the Security Council and a human rights based approach. All amendments were defeated. In addition, reservations were noted by Paraguay, Ecuador, El Savador, Russia, Saudi Arabia (on behalf of the Gulf Cooperation Council) and China.

AMENDMENT VOTING

PP4 Removal of reference to the Security Council
YES 16 / NO 20 / ABSTAIN 11
L67 Rejected

OP7 Removal of Human Rights Based Approach
YES 16 / NO 21 / ABSTAIN 9
L69 Rejected

OP18 Removal of Human Rights Defenders
YES 14 / NO 23 / ABSTAIN 9
L70 Rejected

Click here to read the resolution

Elimination of Female Genital Mutilation A/HRC/32/L.31/Rev.1

Led by South Africa on behalf of the Africa Group, the goal of the resolution is to intensify efforts to eliminate female genital mutilation (FGM). The resolution was adopted by consensus.

The resolution recalled FGM as a discriminatory practice and reaffirmed that the practice constitutes a serious threat to women and girls’ health. FGM is noted as a human rights violation and abuse of the rights of women and girls and expressed concern over the increasing medicalization of FGM. The resolution highlights that FGM has no relevant religious or cultural basis. There is also a consistent emphasis throughout the text of including men and boys in the process of eliminating FGM.

States are encouraged “to develop, support and promote education programmes, as appropriate including on sexual and reproductive health, that clearly challenge the negative stereotypes.”

Click here to read the resolution

Protection against violence and discrimination on the basis of sexual orientation and gender identity A/HRC/32/L.2/Rev.1

Presented by Mexico, Argentina, Brazil, Uruguay and Colombia, the resolution establishes a new Independent Expert to assess the status of implementation of international human rights law to overcome violence and discrimination on the basis of sexual orientation and gender identity, research and report to the Human Rights Council on the root causes of violence and discrimination on this basis and to engage with States and other stakeholders on this issue.

Saudi Arabia put forward a No Action motion on the whole resolution which was defeated. Russia and Pakistan (on behalf of the OIC except for Albania) put forward 11 amendments to essentially change the whole focus of the resolution and remove reference to SOGI. 4 amendments were defeated and 7 were adopted including troubling language on sovereignty, preservation of cultural values and morals, and rejection of interference by the human rights system on social matters including private individual conduct and national level “sensitivities”. Further voting was called on individual paragraphs which were defeated.

The resolution was adopted by a vote of 23 in favour, 18 against and 6 abstentions.

Click here to read the resolution

Addressing the impact of multiple and intersecting forms of discrimination and violence in the context of racism, racial discrimination, xenophobia and related intolerance on the full enjoyment of all human rights by women and girls A/HRC/32/L.28

The core group for this resolution consisted of Argentina, Brazil, Colombia, Paraguay, and Uruguay. The resolution was adopted by consensus.

The resolution calls for awareness of the multiple factors that might make women and girls more vulnerable to racial discrimination. Gender was removed from the title and discrimination in the context of gender is not mentioned, although there is mention of the need to integrate and mainstream a gender perspective into relevant policies and comprehensive gender-responsive, multisectorial policies and programmes.

The resolution calls for a panel to share practices to combat multiple and intersecting forms of discrimination and violence experienced by women which will take place during HRC 36 (Sept 2017). A summary report of the panel will be made by OHCHR.

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Action Canada for Sexual Health and Rights-- pour la sante et les droit sexuels

Location: Ottawa, ON - Canada
Website: http://www.sexualhealthandrights.ca
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Project Leader:
Tara Henderson
Director of Fundraising and Operations
Ottawa , ON Canada

Funded Project!

Combined with other sources of funding, this project raised enough money to fund the outlined activities and is no longer accepting donations.

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Proudly Pushing the Global Sexual Rights Agenda

Project Report | Feb 13, 2017 Strong Recommendations through UN and International Solidarity on Global Gag Rule

Nov 14, 2016 Sexual Health and Rights and the UN Human Rights Council

Aug 15, 2016 SRI at the 32nd session of the UN Human Rights Council

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Action Canada for Sexual Health and Rights-- pour la sante et les droit sexuels

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Project Report | Feb 13, 2017
Strong Recommendations through UN and International Solidarity on Global Gag Rule

Nov 14, 2016
Sexual Health and Rights and the UN Human Rights Council

Aug 15, 2016
SRI at the 32nd session of the UN Human Rights Council