TUVALU-SOGI-TBs-CRC

Concluding Observations on Report 2-5 (2020) (Link)

Non-discrimination

16. The Committee is concerned about:

(a) The prevalence of discriminatory provisions in the State party’s legislation despite the Committee’s previous recommendations (CRC/C/TUV/CO/1, para. 24), in particular the Tuvalu Lands Code 1962 and the Native Lands Act 1956, which discriminate against women and girls in relation to land inheritance rights and child custody, as well as the Penal Code 1965, which criminalizes consensual sexual activity between boys;

(b) The persistent de facto discrimination against, among others, girls, children with disabilities and children living in the outer islands, especially with regard to access to education, health care and services, and development.

17. Taking note of target 10.3 of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Use the constitutional review process to ensure that the Constitution provides protection from discrimination on all prohibited grounds, including gender, disability, birth and other status, in line with article 2 of the Convention;

(b) Amend its discriminatory laws, in particular the Tuvalu Lands Code 1962, the Native Lands Act 1956 and the Penal Code 1965, and enact anti- discrimination legislation;

(c) Develop policies and awareness-raising measures to address the root causes of de facto discrimination, including against girls, children with disabilities and children living in the outer islands.

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Concluding Observations on Report 1 (2013) (Link)

[no mention]

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