CCPR/C/GTM/CO/4

Guatemala (CCPR 07-05-2018)

The Human Rights Committee considered the fourth periodic report of Guatemala (CCPR/C/GTM/4) at its 3454th and 3455th meetings (see CCPR/C/SR.3454 and 3455), held on 12 and 13 March 2018. At its 3478th meeting, held on 28 March 2018, it adopted the following concluding observations.

Concluding observations

C. Principal matters of concern and recommendations

Discrimination and violence based on sexual orientation or gender identity

6. The Committee is concerned about the fact that the country has no law that specifically prohibits discrimination and hate crimes motivated by the victim’s sexual orientation or gender identity and that protects transgender persons’ right to legal recognition of their identity. It is also concerned about the increase in the number of murders of transgender women and about shortcomings in the recording and investigation of violent acts motivated by the victim’s sexual orientation or gender identity. It also regrets the lack of consolidated data on investigations, prosecutions, judgments, penalties and reparation in cases involving violence and hate crimes directed against lesbian, gay, bisexual, transgender and intersex persons (arts. 2, 6, 7, 17 and 26).
7. The State party should:                                        

(a) Adopt legislation that prohibits discrimination motivated by the victim’s sexual orientation or gender identity and that protects transgender persons’ right to legal recognition of their identity;                                        

(b) Adopt the necessary legislative means for adequately categorizing hate crimes motivated by the victim’s sexual orientation or gender identity and systematically compile data on investigations, prosecutions, judgments, penalties and reparation in such cases;                                        

(c) Adopt the necessary protocols for ensuring that (i) crimes motivated by the victim’s sexual orientation or gender identity are systematically reported and investigated; (ii) perpetrators of such crimes are punished appropriately; and (iii) victims have access to secure complaint mechanisms, to adequate protection and to full redress:                                        

(d) Redouble its efforts to combat stereotypes and prejudice with regard to lesbian, gay, bisexual, transgender and intersex persons and to guarantee that acts of discrimination and violence directed against them are prevented.