AUSTRALIA-SOGI-UPR-CYCLE2

Incoming recommendations: (Link)

• 136.220 Open legal partnership models to all, regardless of their sexual orientation or gender identity (Iceland) [NOTED]
• 136.221 Ensure that states’ legislation is consistent with the amended Sex Discrimination Act 1984 (Israel) [SUPPORTED]
• 136.222 Revise the Marriage Act of 1961 in a way that ensures full equality with respect to the civil institution of marriage (Netherlands) [NOTED]
• 136.223 Legally recognize same-sex marriage (Spain) [NOTED]
• 136.224 Amend the federal Marriage Act to allow same-sex couples to marry by changing the definition of marriage, and provide full recognition of same-sex marriages from overseas (Sweden) [NOTED]

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Outgoing recommendations:

• Enact legislation prohibiting discrimination against lesbian, gay, bisexual, transgender and intersex persons, including removing laws criminalizing same-sex activity (to Antigua & Barbuda)
• Ensure appropriate training is provided to officials, and that law enforcement authorities carry out thorough and prompt investigations regarding attacks on LGBTI persons (to Armenia)
• Take steps to implement comprehensive anti-discrimination laws, particularly to eliminate discrimination on the basis of sexual orientation (to Botswana)
• Take concrete steps to put in place adequate legal protections against incitement of hatred, including hatred motivated by xenophobia and homophobia, in line with the international and domestic obligations of Bulgaria (to Bulgaria)
• Urgently repeal legislation criminalising consensual homosexual activity and release from detention individuals convicted of those offences (to Cameroon)
• Repeal provisions in national law that criminalize same sex relations, including in the Sexual Offences Act, and take steps to ensure the rights of these persons are protected (to Dominica)
• Repeal all provisions in laws that criminalize same sex relations between consenting adults and ensure the rights of those persons are protected (to Gambia)
• Repeal all provisions of law criminalizing sexual activity between consenting adults (to Grenada)
• Ensure freedom of expression and take steps to end threats and attacks against journalists and human rights defenders, including lesbian, gay, bisexual, transgender and intersex defenders (to Honduras)
• Adopt and implement a comprehensive strategy and action plan to tackle discrimination based on sexual orientation and gender identity (to Hungary)
• Enact legislation that includes protection from discrimination on the basis of intersex status (to Iceland)
• That any changes in legislation uphold fundamental freedoms and ensure non-discrimination, including on the basis of religion or sexual orientation (to Kyrgyzstan)
• Repeal all provisions of law criminalizing sexual activity between consenting adults (to Lesotho)
• Continue to address homophobia and discrimination through better education programmes and ensure that lesbian, gay, bisexual, transgender and intersex people are able to exercise their rights to freedom of expression and assembly (to Lithuania)
• Repeal all legal provisions criminalising sexual activity between consenting adults and encourage the Malawi Human Rights Commission to include in its mandate the protection of the rights of the lesbian, gay, bisexual, transgender and intersex community (to Malawi)
• Continue to strengthen its legislative and institutional frameworks to enhance the rights of LGBTI people (to Malta)
• Repeal the sections of its Criminal Code that criminalize consensual homosexual activity (to Mauritius)
• Strengthen support for lesbian, gay, bisexual, transgender and intersex rights and address the barriers to full participation in daily life (to Moldova)
• Take additional concrete steps to combat societal discrimination on the basis of race, sexual orientation, disability or gender identification (to Montenegro)
• Revise laws to expressly prohibit discrimination on the basis of sexual orientation, gender identity and intersex status (to Mozambique)
• Repeal or revise the “Protection of Race and Religion” laws and Section 377 of the 1861 Penal Code to ensure the rights of women, religious minorities and the lesbian, gay, bisexual, transgender and intersex community are protected (to Myanmar)
• Swiftly decriminalize sexual behaviour between consenting adults of the same sex (to Nauru)
• Take steps to ensure that the human rights of all citizens are protected, regardless of their religion, sexual orientation or gender identity (to Nigeria)
• Strengthen anti-discrimination legislation to prohibit discrimination on the basis of sexual orientation and gender identity, and take effective measures to combat violence and discrimination against LGBTI people (to North Macedonia)
• Continue to take steps to ensure the rights of LGBT persons, women, ethnic minorities, and persons with disabilities are protected, including through implementation of the four new anti-discrimination acts that entered into force in January 2014 (to Norway)
• Adopt regulations recognising the rights of same-sex couples and of self-defined gender or transgender persons (to Poland)
• Take practical action to ensure that existing anti-discrimination legislation is properly enforced so as to combat discrimination against its citizens, both systemic and overt, based on in particular, ethnicity, sexual orientation and gender identity, and HIV status (to Romania)
• Rescind legislation that curbs the civil rights of Russia’s LGBTI community (to Russian Federation)
• Repeal all legislation which may discriminate against lesbian, gay, bisexual, transgender and intersex persons (to Saint Kitts & Nevis)
• Repeal all legislation which may discriminate against lesbian, gay, bisexual, transgender and intersex persons (to Saint Lucia)
• Enact legislation prohibiting discrimination against lesbian, gay, bisexual, transgender and intersex persons, including removing laws criminalising consensual same sex activity (to Saint Vincent & the Grenadines)
• Introduce appropriate administrative or legislative reforms to ensure equal protections for same-sex couples, including on matters of residency and inheritance (to San Marino)
• Enact and implement legislation that prohibits discrimination in employment and occupation based on disability, language, sexual orientation, gender identity, and HIV-positive status or other communicable diseases (to Sao Tome & Principe)
• Take concrete steps to protect its LGBTI citizens and their freedom of assembly and expression (to Serbia)
• Repeal laws criminalizing consensual, same-sex relationships between adults (to Seychelles)
• Continue to support the rights of the LGBTI community through its human rights framework (to Slovakia)
• Enact legislation that specifically addresses discrimination against lesbian, gay, bisexual, transgender and intersex individuals (to Suriname)
• Decriminalize sexual relations between consenting adults of the same sex (to Togo)
• Enact legislation prohibiting discrimination against LGBTI persons, including removing laws criminalising same sex activity (to Trinidad & Tobago)
• Repeal the Penal Code provisions criminalizing sex between consensual same-sex partners and remove discriminatory language against lesbian, gay, bisexual, transgender and intersex persons or minority groups or their supporters (to Uganda)
• Withdraw its draft legislation criminalizing the promotion of homosexuality, and refrain from adopting any other legislation that restricts freedom of expression (to Ukraine)
• Decriminalize same-sex relationships between consenting adults and strengthen efforts to address inequality and discrimination based on sexual orientation (to Zambia)

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