BRAZIL-SOGI-TBs-CCPR

Concluding Observations on Report 3 (2023) (Link)

Non-discrimination

13. The Committee is concerned by reports of deep-rooted and widespread discrimination and high levels of harassment and violence on the basis of race, ethnicity, gender, gender identity, sexual orientation, indigeneity and socioeconomic and other status. The Committee is also concerned by the lack of accountability for these human rights violations and attacks and the lack of data collection relating to them. While the Committee takes note of legislative provisions and policy measures addressing specific groups or forms of discrimination, it regrets the lack of comprehensive anti-discrimination legislation addressing all forms of discrimination. The Committee also notes with concern the gap in antiracism legislation and the lack of legislation recognizing sexual orientation and gender identity as forbidden grounds for discrimination (arts. 2, 19, 20 and 26).

14. The State party should:

(a) Provide effective protection against all forms of discrimination and ensure that no such discrimination or violence is tolerated and that such conduct is properly addressed and remedied;

(b) Adopt a comprehensive legislative and policy framework prohibiting discrimination, including intersectional, direct and indirect discrimination, in all spheres, both public and private, and on all the grounds prohibited under the Covenant;

(c) Adopt dedicated legislation on discrimination based on sexual orientation and gender identity;

(d) Ensure the continuity and effectiveness of anti-discrimination initiatives at the institutional level, as well as comprehensive awareness-raising campaigns, to address stigma, negative stereotypes and discriminatory attitudes and to promote respect for diversity among the general public.

 

Hate speech

15. While welcoming the commitment of the State party to combating hate speech, including the recent creation of a Working Group on Strategies to Combat Hate Speech and Extremism, the Committee is concerned by the increasing levels of hate speech, especially online, based in particular on race, ethnicity, gender, sexual orientation and Indigenous status, even by high-level authorities. The Committee regrets the lack of an adequate and effective legal framework to prevent and punish hate speech and the fact that it is not explicitly criminalized (arts. 2, 19, 20 and 26).

16. The State party should strengthen its efforts, through both law enforcement and awareness-raising activities, to combat hate speech and incitement to discrimination or violence, in accordance with articles 19 and 20 of the Covenant and the Committee’s general comment No. 34 (2011) on the freedoms of opinion and expression. It should:

(a) Explicitly criminalize acts of hate speech on all prohibited grounds under the Covenant, including race, gender, sexual orientation and gender identity, and consider reviewing its legislation to adopt the measures necessary to fight effectively against it;

(b) Take effective measures to prevent and combat hate speech, including online, and publicly condemn it;

(c) Ensure that all cases of hate speech are investigated thoroughly and suspected perpetrators prosecuted, and, if convicted, punished, and provide victims with adequate remedies;

(d) Provide adequate training to law enforcement officials, judges and prosecutors on addressing hate speech and hate crimes.

 

Gender equality

17. While welcoming measures adopted to promote gender equality, the Committee remains concerned about the low levels of participation of women, in particular women belonging to marginalized groups, such as women of African descent, Quilombola, Roma and Indigenous women and lesbian, bisexual and transgender women, in the political, judicial and other public sectors. The Committee is also concerned that, while a quota system has been introduced to improve the political representation of women, the quota is not being effectively implemented (arts. 3 and 26).

18. The State party should strengthen its efforts to guarantee gender equality in all spheres of life. In particular, it should:

(a) Take measures to achieve the full and equal participation of women in public life, in particular in decision-making positions, if necessary through appropriate temporary special measures;

(b) Allocate sufficient and sustainable financial and human resources for the implementation of gender equality programmes and ensure an effective use of resources;

(c) Ensure cooperation and coordination among governmental institutions at the national, regional and local levels, in order to mainstream gender equality into all policy areas, taking an intersectional approach.

 

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Right to life

27. While the Committee takes note of Law No. 13,060/2014 which regulates the use of less offensive instruments by public security agents, it is concerned by the numerous reports indicating that the use of lethal force by police and security personnel has remained excessively high for more than a decade, affecting disproportionately young people of African descent and lesbian, gay, bisexual and transgender persons. The Committee is also concerned that, despite the Supreme Court prohibition on police raids in low-income neighbourhoods in Rio de Janeiro during the COVID-19 pandemic, except in “absolutely exceptional cases”, a police operation in Jacarezinho favella in 2021 resulted in the death of 27 residents (art. 6).

28. Bearing in mind the Committee’s general comment No. 36 (2018), the State party should take all measures necessary to prevent the excessive use of force during law enforcement operations, and in particular it should:

(a) Ensure that the domestic legislation and operational procedures governing the use of force and firearms by law enforcement officials are in full conformity with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement;

(b) Ensure that all law enforcement officers systematically receive training on the use of force based on the Basic Principles and the Guidance and ensure that the principles of legality, necessity and proportionality are strictly adhered to in practice.

 

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Excessive use of force and extrajudicial killings

31. The Committee is concerned by the use of racial profiling and the lack of accountability for excessive use of force and extrajudicial killings by law enforcement officers, and in particular by the absence of effective, timely and independent investigations, prosecutions and convictions of those responsible, as well as by the lack of appropriate reparations for victims. The Committee regrets the suppression of the Group of Specialized Action in Public Security in Rio de Janeiro. The Committee also notes with concern the reports about security forces destroying or manipulating evidence and/or falsely reporting cases as auto de resistência (resistance followed by death of a suspect at the hands of a member of security forces) to cover up unlawful killings (arts. 6, 7 and 9).

32. The State party should:

(a) Redouble its efforts to promptly, independently, impartially and thoroughly investigate all allegations of excessive use of force and extrajudicial killings, in line with the Model Protocol for a Legal Investigation of Extra-legal, Arbitrary and Summary Executions, ensure that all perpetrators are prosecuted, and, if found guilty, punished, and ensure access to justice and provide full redress and compensation for victims of such violations, including in relation to the neighbourhood raid in Complexo da Maré and the police operations in Jacarezinho and Vila Cruzeiro;

(b) Monitor the application of auto de resistência to avoid its being used as a way to cover up unlawful killings;

(c) Consider the use of body cameras by law enforcement officers across states and the Federation, among other strategies, to improve monitoring and accountability;

(d) Collect and publish disaggregated data on the excessive use of force and violations of the right to life by law enforcement officers, including on the basis of the victim’s race, gender, sexual orientation and indigeneity, as well as on homicide rates, and take appropriate measures to avoid the use of racial profiling.

 

Hate crimes

33. The Committee is concerned by the high levels of homicide and hate crimes, disproportionately affecting people of African descent, Indigenous Peoples, and lesbian, gay, bisexual, transgender and intersex persons, in particular transgender individuals. While the Supreme Court ruled in 2019 that the legal provisions to protect individuals from racism could be used in cases of homophobia, the Committee regrets the lack of specific legislation to criminalize homophobia (arts. 2, 6 and 20).

34. The State party should:

(a) Consider reviewing its legislation to introduce a separate definition of hate crime and to explicitly criminalize acts of hate crime on all prohibited grounds under the Covenant and strengthen its efforts to combat intolerance, prejudice, racial bias and discrimination;

(b) Strengthen the capacity of law enforcement officers to investigate hate crimes and criminal hate speech, including on the Internet, reinforce the training of judges, prosecutors and law enforcement officers on addressing hate crimes and ensure that all cases are systematically investigated, that perpetrators are held accountable with appropriate penalties and that victims have access to reparations.

 

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Participation in public affairs

63. The Committee is concerned by reports of violence, harassment, intimidation, and threats directed at politicians and political candidates during election campaigns, in particular women, people of African descent, Indigenous Peoples and lesbian, gay, bisexual, transgender and intersex persons. While the Committee acknowledges that decree No. 11,433/2023 establishes quotas in the executive and that Law No. 14,192 on combating political violence against women is aimed at increasing the representation of women, Brazilians of African descent and Indigenous Peoples in the legislative and executive branches of Government, the low representation rates remain of grave concern. The Committee regrets the lack of accountability and impunity for the violence against politicians, including on the murder of Councillor Marielle Franco and her driver, Anderson Gomes (arts. 25 and 26).

 64. The State party should give full effect to the right of every person to participate in public affairs, without discrimination, and in particular it should:

(a) Protect political candidates and politicians, especially women, persons of African descent, Indigenous Peoples and lesbian, gay, bisexual, transgender and intersex persons, from violence, harassment and intimidation, including by investigating and prosecuting such cases, holding perpetrators accountable, including in the case of Marielle Franco, and providing adequate remedies to victims;

(b) Strengthen efforts to achieve the full and equal participation of women, persons of African descent, Indigenous Peoples, lesbian, gay, bisexual, transgender and intersex persons and members of disadvantaged and minority groups in political and public life, in particular in decision-making positions.

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Concluding Observations on Report 2 (2005) (Link)

[no mention]

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Concluding Observations on Report 1 (1996) (Link)

[no mention]

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