Issue of interest

Human rights mechanism

Treaty bodies

UPR cycles

Country

UNITED STATES OF AMERICA-SOGI-UPR-CYCLE1

Country: United States of America

Issue: SOGI

Human rights mechanism: UPR

UPR cycle: 1 (2008-2011)


Incoming recommendations: (Link)

  • 92.86 Undertake awareness-raising campaigns for combating stereotypes and violence against gays, lesbians, bisexuals and transsexuals, and ensure access to public services paying attention to the special vulnerability of sexual workers to violence and human rights abuses (Uruguay) [SUPPORTED]
  • 92.112 Take measures to comprehensively address discrimination against individuals on the basis of their sexual orientation or gender identity (Australia) [SUPPORTED]
  • 92.116 Continue its intense efforts to undertake all necessary measures to ensure fair and equal treatment of all persons, without regard to sex, race, religion, colour, creed, sexual orientation, gender identity or disability, and encourage further steps in this regard (Israel) [SUPPORTED]

Outgoing recommendations:

  • Condemn acts of violence and human rights violations committed against persons because of their sexual orientation or gender identity and ensure adequate protection for those human rights defenders who work on the rights of Lesbian, Gay, Bisexual and Transgender persons (to Antigua & Barbuda)
  • Decriminalize homosexual conduct by reforming the penal code so that for the purposes of prosecution, gross indecency would not apply to private acts between consenting adults (to Antigua & Barbuda)
  • Bring its penal code into conformity with its international human rights obligations by repealing those provisions which criminalize same-sex activity between consenting adults (to Eritrea)
  • Implement measures to prevent violence against the LGBT community, through training and advocacy campaigns (to Eswatini)
  • Take concrete measures to decriminalize same-sex relations and prevent discrimination based on marital status and sexual orientation (to Eswatini)
  • Ensure non-discrimination in access to adequate housing, and prevent forced evictions, as well as the threat of forced evictions, on the basis of sexual orientation or gender identity (to Gambia)
  • Repeal all provisions of law criminalising sexual activity between consenting adults (to Gambia)
  • Take concrete steps to ensure prompt, adequate, and transparent investigation of killings, intimidations and other abuses of persons from the lesbian, gay, bisexual and transgender community (to Honduras)
  • Strengthen hate crimes laws to protect against violence motivated by gender identity, sexual orientation and intolerance, and implement public awareness campaigns to include law enforcement officials and to combat intolerance (to Hungary)
  • Repeal sections 76, 77 and 79 of the Offences against the Person Act, which criminalize same-sex male intercourse (to Jamaica)
  • Ensure the protection of defenders of the rights of lesbian, gay, bisexual and transgender persons; and take measures to ensure that lesbian, gay, bisexual and transgender persons can fully and freely exercise their rights without fear of attack or reprisal (to Jamaica)
  • Repeal all legislative provisions which criminalize sexual activity between consenting adults (to Kenya)
  • Fully implement, once adopted, a draft amendment to the Constitution that would protect against discrimination on the basis of sex and gender, and would seek to protect women’s and children’s rights regarding family law, sexual offences, domestic violence, property, the right to work, and inheritance law (to Kiribati)
  • Consider legislative and administrative measures to recognize violence on the basis of gender identity or sexual orientation as a hate crime (to Latvia)
  • Develop public awareness campaigns to combat manifestations of discrimination and racism, including xenophobia, homophobia, anti-Semitism, and other forms of intolerance in order to further protect and strengthen the rights of members of minority groups, including Lesbian, Gay, Bisexual, and Transgender individuals and the Roma community (to Lithuania)
  • Decriminalize homosexual activity (to Malawi)
  • Redouble efforts to protect the rights of members of minority religious, ethnic and social groups and particularly focus on protecting members of the LGBT community from both official and societal discrimination (to Moldova)
  • Commit internationally to the rights of the LGBT community by signing the Joint Statement on LGBT human rights from the March 2011 session of the Human Rights Council (to Moldova)
  • Enact legislation to ensure members of the lesbian, gay bisexual, transgender and intersex (LGBTI) community citizenship rights, consistent with the equal rights enumerated in the Nepali Supreme Court’s 2008 decision (to Nepal)
  • Decriminalize homosexual conduct by repealing relevant provisions within the Offences against the Person Act that may be used to criminalize homosexual conduct between consenting adults (to Saint Kitts & Nevis)
  • Condemn acts of violence and human rights violations committed against persons because of their sexual orientation or gender identity and ensure adequate protection for human rights defenders who work on the rights of LGBT persons (to Saint Lucia)
  • Decriminalize homosexual conduct by reforming the penal code so that for the purposes of prosecution, gross indecency would not apply to private acts between consenting adults (to Saint Lucia)
  • Repeal all provisions in the law which may be used to criminalize consensual sexual activity between adults (to Saint Vincent & the Grenadines)
  • Continue its reconsideration of laws that restrict the human rights of individuals based on sexual orientation or gender identity, and repeal all such laws (to Samoa)
  • Increase measures to ensure that violence and discrimination against members of vulnerable groups, such as women and lesbians, gay, bisexual, and transgender persons, are both prevented and prosecuted (to Trinidad & Tobago)
  • Ensure equal rights for all individuals, regardless of sexual orientation (to Uganda)

This content was last updated in October 2023