EL SALVADOR-SOGI-TBs-CCPR

Concluding Observations on Report 7 (2018) (Link)

3. The Committee welcomes the legislative and institutional measures taken by the State party during the reporting period in the area of civil and political rights, including:

…(e) The amendment of articles 129 and 155 of the Criminal Code in 2015 to incorporate hate crime based on sexual orientation, gender identity or gender expression;

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Non-discrimination

9. The Committee is concerned about the absence of a comprehensive anti-discrimination legal framework, as well as the persistence of discrimination against persons of African descent, indigenous people, migrants, persons with disabilities, women engaged in prostitution, lesbian, gay, bisexual, transgender and intersex (LGBTI) persons and persons infected with HIV, especially in the areas of education, health, housing and employment. The Committee is alarmed by the high number of threats, attacks and killings, including by State agents, aimed at LGBTI persons, especially transgender persons, as well as by the high level of impunity for such crimes. The Committee notes that, despite the fact that hate crime based on sexual orientation, gender identity or gender expression has now been incorporated in domestic legislation, the relevant provision has not been applied to any cases (arts. 2, 3, 6, 7, 17, 25, 26 and 27).

10. The State party should:

(a) Adopt comprehensive legislation prohibiting discrimination, including direct and indirect discrimination, in all spheres, both in the public and private sectors;

(b) Take the necessary steps to guarantee full protection from discrimination, both in law and in practice, against persons of African descent, indigenous communities, migrants, persons with disabilities, LGBTI persons and persons infected with HIV, by, inter alia, increasing the number of training programmes for law enforcement and security personnel and awareness campaigns promoting tolerance and respect for diversity. It should also take steps to ensure the full participation of minority groups, including persons of African descent and indigenous communities, in political life;

(c) Adopt and implement effective policies for the protection of LGBTI persons, including through the creation of a specialized unit to investigate hate crimes against them, and ensure full recognition of the legal identity of transgender persons;

(d) Ensure that cases of discrimination and violence committed by individuals or State agents are systematically investigated, that those responsible are punished with appropriate penalties and that victims receive full reparation.

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Concluding Observations on Report 6 (2010) (Link)

3. The Committee welcomes the following measures taken since its consideration of the State party’s previous periodic report:

…(c) The adoption of Decree No. 56, of 4 May 2010, which contains provisions to prevent all forms of discrimination in the civil service on grounds of gender identity or sexual orientation;

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Concluding Observations on Report 3-5 (2003) (Link)

16. The Committee expresses concern at the incidents of people being attacked, or even killed, on account of their sexual orientation (art. 9), at the small number of investigations mounted into such illegal acts, and at the current provisions (such as the local “contravention orders”) used to discriminate against people on account of their sexual orientation (art. 26).

The State Party should provide effective protection against violence and discrimination based on sexual orientation.

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Concluding Observations on Report 2 (1994) (Link)

[no mention]

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Concluding Observations on Report 1 (1983) (Link)

[no mention]

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