GUINEA-SOGI-TBs-CESCR

Concluding Observations on Report 1 (2020) (Link)

Non-discrimination

18. While recognizing that the constitutional and legislative framework of the State party contains anti-discrimination provisions, including in the areas of employment, health and education, the Committee notes the lack of a comprehensive anti-discrimination law. Furthermore, discrimination on the basis of sexual orientation is not a prohibited ground of discrimination and article 274 of the Criminal Code criminalizes sexual relations between consenting adults of the same sex. The Committee also notes that persons with albinism are not protected against discrimination.

19. Recalling its general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, the Committee recommends that the State party:

(a) Adopt a comprehensive anti-discrimination law, prohibiting all direct and indirect discrimination on any grounds, including sexual orientation;

(b) Repeal article 274 of the Criminal Code;

(c) Enact the bill on the promotion and protection of the rights of persons with albinism and adopt its implementing legislation;

(d) Ensure the effective implementation of existing legislation on discrimination and access to effective remedies for victims;

(e) Carry out awareness-raising campaigns to combat stereotypes about individuals and groups at risk of discrimination, such as persons living with HIV/AIDS and persons with albinism.

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