Universal Periodic Report (UPR)
69.
he Universal Periodic Review (UPR) is a unique process which involves a
T
review of the human rights records of all UN Member States78. The second
UPR for Malaysia which was held in October 2013, Malaysia received 7
recommendations with regard to gender identity and sexual orientation and
the Government did not accept any recommendations made on LGBT. The
recommendations all of which touch on ensuring non-discrimination and
legislative reforms as listed below79:
i.
ii.
iii.
iv.
v.
vi.
vii.
“Take legislative and practical steps to guarantee that LGBTI persons
can enjoy all human rights without discrimination (Germany)”
“Introduce legislation that will decriminalize sexual relations between
consenting adults of the same sex (Croatia)”
“Decriminalize homosexuality and respect the fundamental rights of
LGBT persons (France)”
“Take the necessary measures to eradicate the discrimination based on
sexual orientation (Argentina)”
“Delete those provisions that could favour discriminatory practices
against persons based on their sexual orientation and gender identity
(Chile)”
“Repeal sections of the Malaysian Penal Code that criminalize
consensual same-sex conduct between adults (Netherlands)”
“Enact legislation prohibiting violence based on sexual orientation, and
repeal laws that directly or indirectly criminalize consensual same-sex
sexual activities (Canada)”
United Nations Human Rights Council
70.
Since the violations and discrimination against the LGBT groups became more
visible at the international level, the United Nations Human Rights Council
adopted three resolutions on sexual orientation and gender identity since
201180. Later, the High Commissioner for human rights had also issue a report
on the discrimination and violence against individuals based on their sexual
orientation and gender identity.
United Nations (UN) Independent Expert on Protection against Violence and
Discrimination Based on Sexual Orientation and Gender Identity
71.
The mandate of the UN Independent Expert on protection against violence and
discrimination based on sexual orientation and gender identity was established
by the Human Rights Council (HRC) in 2016 in its resolution 32/2.81 In his
78 http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx
79 A/HRC/25/10 P. 19
80 United Nations. Living Free & Equal. What states are doing to tackle violence and discrimination
against lesbian, gay, bisexual, transgender and intersex people. 2016. P. 13
81 See A/HRC/29/23 for background information.
Report On Transgender Persons In KL And Selangor |
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