UNITED STATES-SOGI-TBs-CCPR

Concluding Observations on Report 5 (2023) (Link)

3. The Committee welcomes the adoption by the State party of the following legislative and policy measures:

(a) The Respect for Marriage Act, on 13 December 2022; Executive Order 14075, “Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals”, of 15 June 2022; and Executive Order 13988, “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation”, of 20 January 2021…

… (f) Executive Order 14021, “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, including Sexual Orientation or Gender Identity”, of 8 March 2021.

 

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Hate crimes and hate speech

10. While noting the measures taken by the State party to combat hate crimes, including the COVID-19 Hate Crimes Act of 2021 and the Emmett Till Antilynching Act of 2022, the Committee is concerned about the persistence of hate crimes, including mass shootings, and hate speech against people of African descent, members of Indigenous Peoples, persons of Hispanic/Latino origin, persons of Asian descent, members of Muslim and Jewish communities, migrants and asylum-seekers and against persons based on their real or perceived sexual orientation or gender identity, including by politicians and high-level officials, as well as in the media and on social media platforms. It is also concerned at the underreporting of hate crimes by law enforcement agencies to the Federal Bureau of Investigation due to the voluntary nature of such reporting, which has led to a lack of statistical data on hate speech (arts. 2, 6, 20 and 26).

11. The State party should consider withdrawing or narrowing its reservation to article 20 of the Covenant, strengthen its efforts to combat hate crimes and hate speech and, in particular:

(a) Take effective measures to prevent and publicly condemn hate speech, in particular hate speech by politicians and high-level officials;

(b) Intensify action to tackle the prevalence of online hate speech, in close cooperation with Internet service providers, social networking platforms and the groups most affected by hate speech;

(c) Reinforce awareness-raising campaigns for public officials and the general public aimed at promoting respect for human rights and diversity;

(d) Effectively implement and enforce existing legal and policy frameworks on combating hate crimes and provide effective training to law enforcement officials, judges and prosecutors on investigating hate crimes;

(e) Improve the collection of data on hate crimes, including by making the reporting of hate crimes to the Federal Bureau of Investigation mandatory for all law enforcement agencies;

(f) Investigate hate crimes thoroughly, ensure that perpetrators are prosecuted and, if convicted, punished with appropriate sanctions and provide victims and their families with access to full reparations.

 

Racial profiling

12. The Committee welcomes the adoption of the Guidance for Federal Law Enforcement Agencies Regarding the Use of Race, Ethnicity, Gender, National Origin, Religion, Sexual Orientation, Gender Identity, and Disability in May 2023. However, it remains concerned about the persistence of the practice of racial profiling by law enforcement officials, including by officials of Customs and Border Protection and Immigration and Customs Enforcement, targeting certain ethnic and racial minorities, in particular people of African descent, members of Indigenous Peoples, persons of Hispanic/Latino origin and Muslims. It is concerned about the lack of legislation explicitly prohibiting that practice (arts. 2, 9, 12, 17 and 26).

13. Recalling its previous recommendations,7 and in line with the recommendations made by the Committee on the Elimination of Racial Discrimination,8 the Committee calls upon the State party:

(a) To prohibit racial profiling in federal, state and local legislation, taking into account initiatives such as the End Racial and Religious Profiling Act and the George Floyd Justice in Policing Act;

(b) To investigate and prosecute all allegations of racial profiling and provide effective remedies to the victims;

(c) To collect disaggregated data on all incidents, complaints and investigations of racial profiling by law enforcement agencies, including Customs and Border Protection and Immigration and Customs Enforcement;

(d) To train federal, state, local and territorial law enforcement officials on ethnic and cultural awareness and the unacceptability of racial profiling.

 

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Discrimination based on sexual orientation and gender identity

24. While noting the various legislative and policy initiatives adopted at the federal level, the Committee is concerned at the increase in the number of state laws that severely restrict the rights of persons on the basis of their sexual orientation or gender identity, such as laws that ban and, in some instances, criminalize gender-affirming health care for transgender persons; forbid transgender individuals from using restrooms or from participating in school sports consistent with their gender identity; and limit discussions of sexual orientation and gender identity issues in schools. It is also concerned at reports of the discriminatory treatment that persons continue to face on the basis of their sexual orientation or gender identity, in particular with regard to access to housing, employment and treatment in correctional facilities, as well as reports of social stigmatization, harassment and violence (arts. 2, 3, 6, 7, 17, 23 and 26).

25. The State party should adopt all measures necessary to ensure that state laws that discriminate against persons on the basis of their sexual orientation and gender identity are repealed and that comprehensive legislative initiatives prohibiting discrimination on those grounds, such as the Equality Act, are adopted at the federal, state, local and territorial levels. It should intensify its efforts to combat violence and discrimination against persons based on their sexual orientation and gender identity, including with regard to access to housing, health and employment and in correctional facilities. It should ensure that all acts of discrimination, harassment and violence are investigated, that perpetrators are brought to justice and that victims are provided with effective remedies and redress.

 

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Criminalization of homelessness

40. The Committee is concerned about reports of an increase in the number of state and local laws criminalizing homelessness and in the prevalence of violence against persons experiencing homelessness and about the higher risk of premature death that they experience due to homelessness. It is also concerned about the disproportionate impact of homelessness on persons who are marginalized because of their real or perceived sexual orientation or gender identity, persons with disabilities and members of racial and ethnic minorities, in particular people of African descent, members of Indigenous Peoples and persons of Hispanic/Latino origin (arts. 2, 6, 7, 9, 17 and 26).

41. In line with the Committee’s previous recommendations,17 the State party should:

(a) Abolish laws and policies criminalizing homelessness at all levels and adopt legislative and other measures that protect the human rights of persons experiencing homelessness;

(b) Offer financial and legal incentives to decriminalize homelessness, including by conditioning or withdrawing funding from state and local authorities that criminalize homelessness;

(c) Intensify efforts to find solutions for persons experiencing homelessness, in accordance with human rights standards, including by redirecting funding from criminal justice responses towards adequate housing and shelter programmes;

(d) Review criminal records policies and practices that can lead to homelessness.

 

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Freedom of expression

58. The Committee notes with concern reports of the harassment and intimidation of journalists and media outlets by some government authorities and political figures and instances of threats and attacks against journalists and media workers by law enforcement officials and private individuals. It is concerned at the passing by some states of anti-boycotting laws aimed at sanctioning individuals and enterprises who attempt to boycott foreign countries and corporations for their alleged involvement in human rights violations. It is also concerned about the increase in the number of laws and regulations at the state level that ban educational materials and books dealing with certain topics, such as sexual orientation and gender identity, race and the history of slavery (arts. 2, 19, 24 and 26).

59. In the light of the Committee’s general comment No. 34 (2011) on the freedoms of opinion and expression, the State party should:

(a) Redouble its efforts to ensure that officials refrain from any attacks against or harassment and intimidation of journalists and media outlets and ensure that all illegal acts against journalists are promptly, thoroughly, independently and impartially investigated and that those responsible are brought to justice and, if found guilty, punished with appropriate sanctions;

(b) Adopt federal measures to protect journalists against improper intrusion in their work through investigations and surveillance by federal agencies;

(c) Adopt measures to review anti-boycotting laws that may restrict the exercise of freedom of expression with a view to bringing them into line with article 19 of the Covenant;

(d) Increase its efforts to ensure that state laws and school district regulations on educational materials and books fully comply with article 19 of the Covenant.

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Concluding Observations on Report 4 (2014) (Link)

[no mention]

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Concluding Observations on Report 2-3 (2006) (Link)

9. The Committee welcomes the Supreme Court’s decision in Lawrence et al. v. Texas (2003), which declared unconstitutional legislation criminalizing homosexual relations between consenting adults.

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25. The Committee notes with concern allegations of widespread incidence of violent crime perpetrated against persons of minority sexual orientation, including by law enforcement officials. It notes with concern the failure to address such crime in the legislation on hate crime adopted at the federal level and in many states. It notes with concern the failure to outlaw employment discrimination on the basis of sexual orientation in many states. (articles 2 and 26)

The State party should acknowledge its legal obligation under articles 2 and 26 to ensure to everyone the rights recognized by the Covenant, as well as equality before the law and equal protection of the law, without discrimination on the basis of sexual orientation. The State party should ensure that its hate crime legislation, both at the federal and state levels, address sexual orientation-related violence and that federal and state employment legislation outlaw discrimination on the basis of sexual orientation.

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Concluding Observations on Report 1 (1995) (Link)

287. The Committee is concerned at the serious infringement of private life in some states that classify as a criminal offence sexual relations between adult consenting partners of the same sex carried out in private, and the consequences thereof for their enjoyment of other human rights without discrimination.

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