A/HRC/13/58
12.
Multiple forms of discrimination
77.
Statements and/or text proposals were made by Colombia (on behalf of Argentina,
Brazil, Chile, the Dominican Republic, Guatemala, Japan, Mexico, Republic of Korea,
Switzerland and Uruguay), Costa Rica, Panama, Nicaragua, Ecuador, Sweden (on behalf of
States members of the EU), Nigeria (on behalf of the African Group), the United States of
America, Switzerland (on behalf of Argentina, Brazil, Chile, Colombia, the Dominican
Republic, Guatemala, Japan, Mexico, Republic of Korea and Uruguay), the United
Kingdom and Pakistan (on behalf of States members of the OIC). The following observer
made a statement: Action internationale pour la paix et le développement dans la région des
Grands Lacs (AIPD) (see A/HRC/13/CRP.1).
78.
Argentina, Brazil, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador,
Guatemala, Mexico, Nicaragua, Panama and Uruguay made the following proposal:
To request that OHCHR elaborate a compilation of general comments of the
human rights treaty bodies related to the interpretation and implementation of the
expressions “multiple forms of discrimination” and discrimination by “other
status”, and to include in such compilation the accepted recommendations and
voluntary commitments of States under the universal periodic review process, and
the recommendations of the special procedures regarding the fight against “multiple
forms of discrimination” and discrimination by “other status”. Such compilation
could be an important source of information to the national human rights
institutions in order to help them to implement national policies in the fight against
“multiple forms of discrimination” and discrimination by “other status”. Also, this
information could be useful to develop a set of guidelines that can contribute to
strengthen the efforts of States in this area.
79.
The EU requested States to make the following commitments:
1.
To promote and protect the human rights of all persons, regardless of sexual
orientation and gender identity;
2.
To take all necessary measures, in particular legislative or administrative, to
ensure that sexual orientation or gender identity may under no circumstances
be the basis for criminal penalties, in particular executions, arrests or
detention;
3.
To ensure that human rights violations based on sexual orientation or gender
identity are investigated and perpetrators held accountable and brought to
justice.
80.
The EU proposed that every individual should have the right to have their sexual
orientation protected and to be free from violence, harassment, discrimination, exclusion,
stigmatization and prejudice.
81.
The United States called on States to collect data on the incidence of multiple forms
of discrimination within their jurisdiction and to analyse whether the implementation of
existing laws against discrimination was adequate.
82.
Switzerland, on behalf of Argentina, Brazil, Chile, Colombia, the Dominican
Republic, Ecuador, Guatemala, Mexico, Nicaragua and Uruguay stated that it favoured an
inclusive approach to multiple and aggravated forms of discrimination and that there was
no justification for restricting the discussion on the grounds of discrimination explicitly
mentioned in the Durban Declaration and Programme of Action. It suggested the issue be
studied further, in consultation with the Committee on the Elimination of Racial
Discrimination and made the following proposal:
18
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