A/HRC/29/43
preventing domestic violence.77 In its national report prepared for the second cycle of the
universal periodic review, Belarus reported that a definition of domestic violence had been
introduced into the Law on Basic Actions for the Prevention of Crime adopted on 4 January
2015. The Special Rapporteur calls for the prompt adoption of the draft law on domestic
violence, which will provide for the rights of victims to assistance, protection and remedies.
2.
Persons with disabilities
120. Efforts have been made for persons with disabilities, in particular with regard to the
accessibility of public infrastructure. Persons with disabilities continue to face physical and
regulatory barriers, and challenges with regard to access to education and employment,
including reasonable accommodation in the workplace, as well as stereotyping.
121. The Special Rapporteur takes note of the draft presidential decree on signing the
Convention on the Rights of Persons with Disabilities as reported in the national report
prepared for the second cycle of the universal periodic review, and encourages Belarus to
ratify the Convention and the Optional Protocol thereto.
3.
Roma
122. As raised by the Special Rapporteur in previous reports (see A/HRC/26/44, para.
125), discrimination faced by the Roma is widespread, including in the fields of
employment and education. Human rights defenders report having received complaints
from the Roma community with regard to cases of unreasonable and arbitrary detention by
law enforcement bodies.78
4.
LGBTI persons
123. Although same-sex relationships are not illegal in Belarus, homophobic discourse is
widespread, including in the media. There is no law to protect sexual minorities from
discrimination, and homophobic violence is not considered a hate-based crime, even though
cases of harassment, discrimination and attacks against LGBTI persons are frequent
(A/69/307, para. 84). In May 2014, a young man was attacked while leaving a gay club in
Minsk. As a result of the assault, he spent a month in a coma and suffered irreversible
injuries. The court convicted the assailant for involuntary homicide to two years and eight
months and refused to consider any circumstances of hate crime based on sexual
orientation, even though witnesses testified to the homophobic intent of the perpetrator. 79
124. The Special Rapporteur remains concerned about the particular challenges facing
LGBTI defenders, who suffer double discrimination and are frequent targets of violence
and abuse, including by law enforcement authorities (A/69/307, para. 84).
5.
Persons living with HIV/AIDS
125. The Special Rapporteur takes note of information on efforts to combat HIV/AIDS,
including on the fact that antiretroviral therapy is provided through State funds 80 and that
harm reduction programmes have been introduced, including opiate substitution therapy.81
He also draws attention, however, to the need to prohibit discrimination and to repeal or
77
78
79
80
81
See UN-Women, Government commitments (www.unwomen.org/en/what-we-do/ending-violenceagainst-women/take-action/commit/government-commitments).
Viasna, “Human rights defenders receive more reports on ongoing harassment of Roma”, 26 February
2015.
Civic Belarus, “Belarusian Court refuses to admit homophobia”, 15 January 2015.
UNAIDS, “Ending the AIDS epidemic in Belarus: joint commitments and joint efforts”, 10 February
2015.
UNAIDS, “Opoid substitution therapy and HIV prevention in Belarus”, 11 December 2014.
21
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