IRAQ-SOGI-TBs-CESCR

Concluding Observations on Report 5 (2024) (Link)

Non-discrimination

22. Noting the information provided by the State party regarding cultural and social specificities in the State party, the Committee remains concerned about the absence of comprehensive anti-discrimination legislation and about provisions in the Criminal Code, No. 111 (1969), such as article 128 (1), regarding the commission of an offence with “honourable motives” as a “mitigating excuse” that de facto allows harassment and violence against and murder of persons based on their sexual orientation and/or gender identity. The Committee is also concerned about reports of widespread and normalized violence, torture, enforced disappearance and murder of persons based on their sexual orientation and/or gender identity by law enforcement agencies, non-State actors (militias) and private individuals (arts. 2 (2)).

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

(a) Enact comprehensive anti-discrimination legislation that provides full and effective protection against discrimination in all spheres and contains a comprehensive list of prohibited grounds for discrimination, including sexual orientation and/or gender identity;

(b) Amend the Criminal Code, No. 111 (1969), including article 128 (1), to criminalize all crimes committed in the name of so-called honour and removing “honourable motives” as a “mitigating excuse”;

(c) Ensure that cases of crimes against persons based on their sexual orientation and/or gender identity, whether in the public space or as domestic violence, are promptly and thoroughly investigated, that perpetrators are prosecuted and, if convicted, punished with penalties commensurate with the gravity of the offence and that victims receive full reparation;

(d) Conduct public education programmes on discriminatory norms and beliefs to combat the stigmatization of sexual orientation and gender identity by government officials, including for judges, prosecutors, law enforcement authorities, the media and the general public, including comprehensive awareness-raising activities.

---

Concluding Observations on Report 4 (2015) (Link)

Non-discrimination

19. The Committee, while taking note of the fact that the State party’s Constitution prohibits discrimination on certain grounds, expresses its concern about the absence in the State party’s legal order of comprehensive anti-discrimination legislation in accordance with article 2 of the Covenant. The Committee is further concerned that lesbian, gay, bisexual, transgender and intersex persons are particularly affected by discriminatory practices (art. 2).

20. The Committee recommends that the State party consider adopting a comprehensive anti-discrimination law that fully complies with article 2 of the Covenant and that covers not only direct but also indirect discrimination. The Committee also recommends that the State party take all measures necessary to ensure that lesbian, gay, bisexual, transgender and intersex persons fully enjoy their economic, social and cultural rights without discrimination. The Committee draws the attention of the State party to its general comment No. 20 (2009) on non- discrimination in economic, social and cultural rights, including sexual orientation and gender identity.

---

Concluding Observations on Report 3 (1997) (Link)

[no mention]

---

Concluding Observations on Report 2 (1994) (Link)

[no mention]

---

Concluding Observations on Report 1 (1986) (Link)

[no mention]

---