Issue of interest

Human rights mechanism

Treaty bodies

UPR cycles

Country

CANADA-SOGI-UPR-CYCLE1

Country: Canada

Issue: SOGI

Human rights mechanism: UPR

UPR cycle: 1 (2008-2011)


Incoming recommendations: (Link)

  • 86.29 Apply the Yogyakarta principles as a guide to assist in further policy development (Netherlands) [SUPPORTED]

Outgoing recommendations:

  • Institute policies and initiatives to address discrimination based on sexual orientation or gender identity (to Antigua & Barbuda)
  • Eliminate legal sanctions against consensual sex acts between adults in private (to Antigua & Barbuda)
  • Ensure equal protection against all forms of discrimination, including on the basis of age, religion, sexual orientation and gender identity (to Austria)
  • Decriminalize consensual sexual acts between adults of the same sex (to Barbados)
  • Repeal all provisions which criminalize sodomy and other sexual activities between consenting adults (to Bhutan)
  • Decriminalize homosexual relations and practices/consensual same-sex activities between adults (to Botswana)
  • Decriminalize sexual activity between consenting adults and bring its legislation into conformity with international human rights standards by repealing legislative provisions which criminalize “carnal intercourse against the order of nature” or other sexual activity between consenting adults (to Brunei Darussalam)
  • Amend its Criminal Code to abolish the criminalization of homosexual acts to conform to the provisions of the ICCPR, particularly articles 2 and 26, and the provisions of the African Charter of Human Rights and People’s Rights (to Cameroon)
  • Consider utilizing the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist in policy development (to Dominica)
  • Implement public education and promote awareness programmes and sensitivity training on violence and discrimination based on sexual orientation and gender identity to law enforcement, judicial and other authorities (to Dominica)
  • Fully implement Article 2 of the Universal Declaration of Human Rights, which provides that “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,” and to recognize that “sex” also includes sexual orientation (to Egypt)
  • Repeal all legislative provisions which criminalize sexual activity between consenting adults of the same sex (to Eritrea)
  • Ensure that no forced evictions or restrictions on access to adequate housing are imposed on the basis of sexual orientation (to Gambia)
  • Repeal all provisions criminalizing sexual activity between consenting adults (to Gambia)
  • Fully investigate all allegations of persecution based on gender and sexual orientation (to Iraq)
  • Reinforce legal protections against discrimination to include sexual orientation and gender identity as prohibited grounds for discrimination (to Jamaica)
  • Take measures to eliminate discrimination based on sexual orientation and gender identity (to Japan)
  • Put in place effective measures to prevent discrimination, prosecution and punishment on the basis of sexual orientation or gender identity (to Malawi)
  • Repeal legal provisions which criminalize sexual activity between consenting adults of the same sex (to Maldives)
  • Reinforce constitutional protections against discrimination to include sex, disability, sexual orientation and gender identity as prohibited grounds for discrimination (to Marshall Islands)
  • Finalize and adopt the Sexual Offences Bill currently under consideration (to Mauritius)
  • Include sexual orientation and gender identity as prohibited grounds for discrimination in legislation and equality initiatives (to Micronesia)
  • Enact broad anti-discrimination legislation that explicitly prohibits discrimination based on sexual orientation and gender identity (to Mongolia)
  • Ensure thorough and impartial investigations into all allegations of attacks and threats against individuals targeted because of their sexual orientation and gender identity, and bring to justice those responsible (to Mongolia)
  • Include explicit references to sexual orientation as a protected category against discrimination in the existing laws on labour and employment as well as in the legislation on hate speech and hate crimes (to Montenegro)
  • That the Nigeria’s President and National Assembly not approve the “Same Gender Marriage Bill” and eliminate all existing legislation that discriminates based on gender and sexual orientation (to Nigeria)
  • Recommended to Poland to ensure that human rights defenders, in particular groups campaigning for equality and against discrimination based on perceived sexual orientation, are allowed to carry out their work in a secure environment, and that the rights to freedom of expression and association are respected (to Poland)
  • Take additional measures to fight discrimination against minorities, including the Roma population, as well as homosexuals and persons living with HIV-AIDS (to Romania)
  • Bring its legislation into conformity with its commitment to equality and non-discrimination, by repealing all legal provisions that criminalize sexual activity between consenting adults (to Saint Kitts & Nevis)
  • Take the necessary measures to ensure that the Constitution guarantees the same protection to all inhabitants of the country, without distinction based on their sexual orientation or identity (to Saint Lucia)
  • Decriminalize sexual relations between consenting adults of the same sex (to Saint Lucia)
  • Ensure that thorough investigations of allegations of acts of violence committed against individuals because of their sexual orientation or identity are promptly conducted (to Saint Lucia)
  • Institute policies and initiatives to address discrimination based on sexual orientation or gender identity (to Saint Vincent & the Grenadines)
  • Eliminate legal sanctions against consensual sexual acts between adults in private (to Saint Vincent & the Grenadines)
  • Fulfil its commitment to equality and non-discrimination by repealing all legal provisions that criminalize sexual activity between consenting adults and investigate all cases of discrimination based on sexual orientation and gender identity (to Samoa)
  • Amend the Penal Code to decriminalizing homosexual activity in line with the provisions of ICCPR, particularly articles 2 and 26 (to Senegal)
  • To develop and implement a comprehensive strategy to protect human rights defenders, including those working on behalf of the rights of lesbian, gay, bisexual and transgender persons (to Serbia)
  • Bring its legislation into conformity with its commitment to equality and non-discrimination, by prohibiting discrimination based on sexual orientation or gender identity (to Seychelles)
  • Bring its legislation into conformity with its commitment to equality and non-discrimination for all by prohibiting discrimination based on sexual orientation or gender identity (to Sierra Leone)
  • To eliminate all other forms of disparity in the treatment of heterosexual and same-sex couples, in order to ensure full equality and non-discrimination (to Slovenia)
  • Adopt into law the proposed changes to its constitutional framework to provide protection to all persons resident in Sweden against discrimination based on sexual orientation (to Sweden)
  • Amend legislation to ensure that sexual orientation and gender identity are included as prohibited grounds for discrimination (to Togo)
  • Amend its criminal laws so that sexual activity between consenting adults is not a criminal offence (to Tonga)
  • Undertake proactive policies to promote the rights of individuals, especially with regard to their sexual orientation and HIV/AIDS status (to Trinidad & Tobago)
  • Take steps to eliminate any discrimination in the enjoyment of all human rights by lesbian, gay, bisexual and transgendered (LGBT) individuals, including by ensuring that their right to freedom of association is fully respected (to Türkiye)
  • Publicly announce the shelving of the proposed bill on homosexuality and decriminalize homosexual behaviour (to Uganda)
  • Follow the Council of the European Union Asylum Qualification Directive in future cases with regard to sexual orientation as a ground for asylum-seeking (to United Kingdom)
  • Continue to consolidate the rights of women and people belonging to vulnerable groups, including indigenous peoples and persons of diverse sexual orientation and gender identity, both within its legal framework and in practice (to Venezuela)
  • Develop programmes to respond to the HIV-AIDS related needs of sexually active gay men (to Zambia)
  • Recommended that the Criminal Code be amended to decriminalize same-sex activity between consenting adults (to Zambia)

This content was last updated in September 2023