A/HRC/44/53/Add.1
implementation (human rights action plan) 10 identified some 20 measures to enhance
protections for lesbian, gay, bisexual, trans and gender diverse persons from violence and
discrimination. The Independent Expert observes that some key issues remain unaddressed
in the legal and policy framework, including ensuring the human rights of lesbian, gay,
bisexual, trans and gender diverse persons deprived of liberty. After visiting several centres
of detention, the Independent Expert observed that no State bodies conduct monitoring of
the situation of lesbian, gay, bisexual, trans and gender diverse persons in detention, and
there are neither policies nor training relating to this issue.
18.
Moreover, the Independent Expert notes that only an estimated 25 to 30 per cent of
the lesbian, gay, bisexual, trans and gender diverse component of the human rights action
plan had been implemented by 2019 and, with great concern, observes that the following
items have not yet been implemented fully or in a significant matter:
(a)
Introduction of sexual orientation and gender identity as prohibited grounds
of discrimination in the law on principles of preventing and combating discrimination;
(b)
Amendment of the Criminal Code to ensure punishment for crimes motivated
by intolerance with regard to sexual orientation and gender identity and to decriminalize
contagion by HIV and other infectious diseases;
(c)
Development and introduction of medical standards for intersex persons;
(d)
Legalization of registered civil partnerships for both opposite-sex and samesex couples;
(e)
persons;
Lifting of the ban on adoption of children by transgender and HIV-positive
(f)
Development and implementation of the standards of social work with
teenagers and young people, and the provision of social and psychological services;
(g)
Adoption of common guidelines by the Ministry of Internal Affairs and the
Prosecutor General to investigate hate crimes by the police, taking into account the
methodology devised by the Organization for Security and Cooperation in Europe (OSCE)
(see para. 44 (c) below).
19.
The Independent Expert was told that resistance within certain ministries and weak
interministerial coordination, but also strong opposition from the Orthodox churches and
religious leaders and the appeals campaign, were factors hindering the implementation of
the human rights action plan. In particular, the Government noted that it would not
implement the item related to the legalization of civil partnership given the controversy
surrounding it and the demands of society to promote family values, suggesting further
study and revision instead.11
20.
The low implementation rate is a telling lag in the implementation of the State’s
strategic thinking. Until such time as actions are completed and have an impact, it remains
an open question whether the formal policy framework is indeed an effective and efficient
means to address violence and discrimination.
C.
Data
21.
No State authorities reported gathering or managing data related to sexual
orientation and gender identity, a worrisome finding given the connection between data and
good policy and law-making. Some recent progress with regard to data on hate crimes was
nonetheless noted. Since 2012, police officers and investigators have been required to enter
a brief description of the motives of the crime in the register of pretrial investigations, and
statistical data on hate crimes have recently been broken down according to the specific
hate motive. As a result, in 2016 for the first time the National Police published statistics on
the previous year’s hate crimes. Statistics cover crimes based on grounds of racial, national
10
11
Available from www.ohchr.org/EN/Issues/PlansActions/Pages/PlansofActionIndex.aspx.
Ombudsperson, Annual Report 2018.
5
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