UNITED STATES OF AMERICA-SOGI-UPR-CYCLE3

Incoming recommendations: (Link)

• 26.140 Strengthen activities and laws aimed at eliminating discrimination in society and other forms of intolerance against minorities and other groups, including based on race, ethnicity, sexual orientation and gender identity (Iceland) [SUPPORTED]
• 26.146 Take all possible steps at the state and federal levels to prohibit discrimination based on sexual orientation or gender identity in credit, education, employment, housing, jury service, public accommodation and taxpayer-funded programmes (Belgium) [SUPPORTED]
• 26.147 Guarantee the protection of lesbian, gay, bisexual, transgender and intersex persons and put an end to the discrimination they suffer (France) [SUPPORTED]
• 26.148 Strengthen measures to prevent and combat violence, especially the rate of murder of transgender women of colour, as well as the violence experienced by the broader lesbian, gay, bisexual and transgender community (Malta) [SUPPORTED]

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Outgoing recommendations:

• Reform the Sexual Offences Act of 1995 to decriminalize private, same-sex sexual activity between consenting adults (to Antigua & Barbuda)
• Pass comprehensive anti-discrimination legislation that would protect the human rights of all, including lesbian, gay, bisexual, transgender and intersex persons and members of ethnic minority groups (to Bahamas)
• Devote additional resources to prosecuting hate crimes and countering discrimination against vulnerable groups, in particular Muslims, LGBTQI+ persons, refugees and migrants, and persons of African origin (to Belgium)
• Ensure legal protections are enforced to address violence against lesbian, gay, bisexual, transgender and intersex individuals as well as discrimination such as in housing, employment and government services (to Belize)
• Build upon recent court decisions upholding the human rights of transgender persons and take action to decriminalize lesbian, gay, bisexual, transgender and intersex status or conduct (to Botswana)
• Repeal criminal penalties under the sharia Penal Code Order of 2013 that undermine the freedoms of religion and expression, and prohibitions on torture and other cruel, inhuman or degrading treatment or punishment, and would have a detrimental impact on a number of vulnerable groups, including women at risk of violence, religious and ethnic minorities, and lesbian, gay, bisexual, transgender and intersex persons (to Brunei Darussalam)
• Decriminalize consensual same-sex sexual relations and immediately cease targeted discrimination and violence against lesbian, gay, bisexual, transgender and intersex persons (to Cameroon)
• Investigate allegations of violence and serious levels of discrimination targeting lesbian, gay, bisexual, transgender and intersex persons (to Côte d’Ivoire)
• Develop a national human rights action plan; adopt comprehensive legislation to combat discrimination, especially against members of religious and ethnic minority groups, women and girls, and LGBTIQ+ persons; and end the official application of the term “ghetto” to immigrant communities (to Denmark)
• End criminalization of consensual same-sex sexual activity between adults (to Dominica)
• Ensure full protection of the human rights of all people in Ghana, including lesbian, gay, bisexual and transgender people, women, and persons with disabilities, by eliminating discriminatory legislation, prohibiting discrimination based on sexual orientation and gender identity, and effectively implementing existing laws and policies on gender and disabilities (to Ghana)
• Strengthen the penalties for violence targeting members of national, racial, ethnic and religious minority groups, women and gender non-conforming persons, acts of antisemitism and other hate crimes (to Greece)
• Decriminalize lesbian, gay, bisexual, transgender and intersex status and conduct by repealing section 431 of the Criminal Code (to Grenada)
• Repeal the laws that criminalize lesbian, gay, bisexual, transgender and intersex status or conduct, including sections 351 to 353 of the Criminal Law (Offences) Act (to Guyana)
• Combat intolerance and discrimination against members of vulnerable groups, including refugees, asylum seekers, migrants, women and girls, Roma, Muslims, Jews and LGBTQI+ persons. This effort should include discouraging intolerant rhetoric and repealing laws that ban public depictions of LGBTQI+ persons in the media and that refuse to legally recognize trans individuals’ gender identity (to Hungary)
• Extend explicit protections in hate crime laws to include crimes against LGBTQI+ persons on the basis of sexual orientation or gender identity (to Iceland)
• Expand protections against discrimination directed towards persons based on their gender identity, expression, sexual characteristics or sexual orientation (to Ireland)
• Repeal the Offences against the Person Act that criminalizes same-sex sexual activity between consenting adults (to Jamaica)
• Implement comprehensive anti-discrimination legislation to protect and promote the rights of lesbian, gay, bisexual, transgender and intersex persons (to Japan)
• Repeal sections 162, 165 and 181 of the Penal Code, which criminalize lesbian, gay, bisexual, transgender and intersex status, conduct and/or expression (to Kenya)
• Decriminalize LGBTI conduct or status and combat violence against LGBTI persons (to Kiribati)
• Decriminalize same-sex sexual relations between consenting adults (to Liberia)
• Conduct thorough investigations of hate crimes against LGBTQI+ persons, Roma, refugees, Jews and members of other vulnerable communities; repeal the law on the protection of minors from negative public information, which discriminates against LGBTQI+ persons; and ensure equal protection of the law and consistent enforcement of anti-discrimination laws for all persons, including persons with disabilities (to Lithuania)
• Decriminalize lesbian, gay, bisexual, transgender and intersex status and conduct (to Malawi)
• Pass legislation to criminalize hate-based violence, and increase efforts both to protect persons in vulnerable situations, including women and girls, LGBTQI+ persons, Roma, Jews and persons with disabilities, and to hold perpetrators of hate-based crimes to account (to Moldova)
• Include the protection of same-sex couples in reforms and proposed amendments to the Combating of Domestic Violence Act (4 of 2003) (to Namibia)
• Decriminalize consensual sexual relations between men and strengthen protections from societal violence and discrimination for lesbian, gay, bisexual, transgender, queer, intersex and other persons (to Papua New Guinea)
• Combat violence and discrimination against lesbian, gay, bisexual, transgender and intersex persons (to Poland)
• Adopt comprehensive anti-discrimination legislation to provide protections for and to promote the rights of lesbian, gay, bisexual, transgender and intersex persons (to Republic of Korea)
• Collect and publish data on hate crimes that include motivation, for example whether the crime is motivated by a bias against the victim’s race, religion, sexual orientation or gender identity, or disability status (to Romania)
• Decriminalize consensual same-sex sexual activity between adults by repealing sections 56 and 57 of the Offences against the Person Act (to Saint Kitts & Nevis)
• Decriminalize consensual same-sex sexual activity between adults by repealing sections 132 and 133 of the Criminal Code (to Saint Lucia)
• Reform laws under section 146 and 148 of the Criminal Code of 1988 related to discrimination and gender-based violence against women and LGBTQI+ persons, including by repealing provisions that may be used to criminalize consensual, same-sex sexual activity between adults, and establishing a law criminalizing domestic violence (to Saint Vincent & the Grenadines)
• Decriminalize consensual sexual relations between men and strengthen protections from societal violence and discrimination for lesbian, gay, bisexual, transgender, queer and intersex persons (to Samoa)
• Decriminalize consensual same-sex sexual relations between adults, investigate violence perpetrated against members of the lesbian, gay, bisexual, transgender and intersex community, and end the arbitrary arrest of individuals suspected of consensual same-sex activity (to Senegal)
• Repeal the 1861 law which criminalizes same-sex sexual activity between men (to Sierra Leone)
• End the criminalization of consensual same-sex relations and increase protection against discrimination on the basis of gender identity and sexual orientation, including through enacting comprehensive anti-discrimination legislation (to Singapore)
• Engage non-governmental organizations on the lesbian, gay, bisexual, transgender and intersex task team and update and implement the national lesbian, gay, bisexual, transgender and intersex strategy (to South Africa)
• Repeal the provisions of the Tongan Criminal Offences Act that criminalize lesbian, gay, bisexual, transgender and intersex status and conduct (to Tonga)
• Reform laws to strengthen protections against discrimination and gender-based violence, including for LGBTQI+ persons, including by establishing a law criminalizing discrimination against LGBTQI+ individuals on the basis of their sexual orientation, gender identity and expression (to Trinidad & Tobago)
• Amend article 230 of the Criminal Code to end criminalization of same-sex sexual relations (to Tunisia)
• Repeal provisions of the penal code that criminalize adult consensual same-sex sexual conduct (to Tuvalu)
• Ensure respect for the human rights of lesbian, gay, bisexual, transgender, queer and intersex persons, including by ending the use of forced anal examinations on them (to Uganda)
• Take appropriate steps to protect lesbian, gay, bisexual and transgender persons, and ensure that protection is provided to victims of sexual assault, and that perpetrators are identified, prosecuted and held accountable (to United Arab Emirates)

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