A/HRC/42/60/Add.1
Skills” curriculum that offers inclusive instruction on LGBTIQ issues, sexual education and
gender-based violence. It is scheduled to be part of the curriculum nationwide by 2023.
57.
In Cambodia, there is no legislation which supports or proscribes transgender people’s
right to be legally recognized according to their self-defined gender. The Cambodian
Constitution determines that marriage is between a “husband” and a “wife”, which effectively
excludes the possibility of same-sex marriage. Due to rainbow couples’ inability to get legally
married, they are also denied numerous rights and privileges arising from marriage, including
in relation to joint ownership of property, custody of children, taxation, inheritance and
protection from domestic abuse.
58.
However, research has indicated that many LGBTIQ persons are in fact discriminated
against. The Human Rights Committee has expressed concern about reports of discrimination
against lesbian, gay, bisexual and transgender persons, in particular in employment and
healthcare settings. It noted with concern the lack of legislation expressly prohibiting
discrimination on the grounds of sexual orientation or gender identity. 94
59.
A 2016 report based on empirical research suggests that many transgender women are
subject to high levels of discrimination including verbal, physical abuse and sexual
harassment in public places.95 The Ministry of Women’s Affairs notes that this was a smallscale survey of 135 persons. In 2014, The Ministry of Women’s Affairs’ five-year strategic
plan noted that bisexual women and transpersons are among the most vulnerable groups in
society, facing a higher risk of discrimination, stigma and gender-based violence. Almost a
third of those interviewed indicated facing discrimination in work. 96 Violence is also an issue.
In a 2016 survey, 92% of transwomen surveyed experienced verbal abuse, 43% physical
violence, 31% sexual assault, and 25% rape. In addition 38.7% of transgender women
surveyed by CCHR had been arrested by the police at least once, of which 91.67% believed
the police arrested them because of their gender identities, and 33.58% reported having been
wrongly accused of a crime. 97
60.
LGBTIQ people in Cambodia often work in certain marginalized sectors, which
prevents them from escaping the cycle of poverty. This is exacerbated by widespread family
rejection and exclusion in schools and the wider community. CCHR’s study and other
research also indicated these narrow career sector choices might also partially result from
internalized self-limitation developed by transgender women within the wider context of
social discrimination.
61.
LGBTIQ persons in Cambodia are currently marginalised and positive action is
needed to ensure that they are not left further behind.
G.
Women
62.
The Government has initiated a number of strategies aimed at improving the rights of
women, ending violence against women and advancing the cause of equality. These reflect
many of the UN SDGs and indeed the CSDGs. Gender stereotyping, particularly within the
family, but also in schools, communities, workplaces and the media, remained common in
Cambodia; women remain disadvantaged.98
94
95
96
97
98
CCPR/C/KHM/CO/2, para. 9.
Cambodia Centre for Human Rights, Discrimination Against Transgender Women in Cambodia’s
Urban Areas
https://cchrcambodia.org/admin/media/report/report/english/2016_09_21_SOGI_Report_Eng.pdf.
Cambodia Centre for Human Rights, Discrimination Against Transgender Women in Cambodia’s
Urban Areas
https://cchrcambodia.org/admin/media/report/report/english/2016_09_21_SOGI_Report_Eng.pdf.
Cambodia Centre for Human Rights, Discrimination Against Transgender Women in Cambodia’s
Urban Areas
https://cchrcambodia.org/admin/media/report/report/english/2016_09_21_SOGI_Report_Eng.pdf.
See Joint Submission 16, available.
https://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRKHStakeholdersInfoS32.aspxv.
17
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