Paraguay (CCPR 20-08-2019)
The Committee considered the fourth periodic report of Paraguay (CCPR/C/PRY/4) at its 3621st and 3622nd meetings (see CCPR/C/SR.3621 and CCPR/C/SR.3622), held on 9 and 10 July 2019. At its 3638th meeting (see CCPR/C/SR.3638), held on 22 July 2019, it adopted the present concluding observations.
C. Principal matters of concern and recommendations
- The Committee is concerned about the lack of a comprehensive anti-discrimination legal framework and the persistent discrimination suffered by women, persons of African descent, indigenous peoples, persons with disabilities, sex workers, lesbian, gay, bisexual, transgender and intersex persons, and persons with HIV, especially in the areas of education, health care and employment. It is also concerned about reports of restrictions on the right to association of lesbian, gay, bisexual, transgender and intersex persons; homophobic organizations’ receiving financial support from public funds; hate crimes and violence against lesbian, gay, bisexual, transgender and intersex persons, and in particular transgender persons; and the high level of impunity surrounding these crimes (arts. 2, 3, 6, 7, 17, 21, 26 and 27).
- The State party should:
(a) Adopt comprehensive legislation prohibiting discrimination, including multiple, direct and indirect discrimination, in all spheres, in both the public and the private sectors, on any of the grounds listed in the Covenant;
(b) Guarantee comprehensive protection against discrimination, both in law and in practice, for women, persons of African descent, indigenous peoples, persons with disabilities, sex workers, lesbian, gay, bisexual, transgender and intersex persons, and persons infected with HIV, including by expanding training programmes for law enforcement and security officers and awareness-raising campaigns promoting tolerance and respect for diversity;
(c) Adopt and implement effective policies for the protection of lesbian, gay, bisexual, transgender and intersex persons and sex workers, and ensure that cases of discrimination and violence committed by individuals or State agents against persons belonging to these groups are systematically investigated, that the persons responsible are punished with appropriate penalties and that the victims receive full reparation.
Persons deprived of their liberty and detention conditions
- The Committee is concerned about the critical state of the State party’s prison system. In particular, the Committee is concerned about the persistence of high levels of overcrowding, as well as poor living conditions, including in educational institutions, police stations and establishments for persons with mental disabilities. It is also concerned about the reports of a high number of deaths among persons deprived of their liberty, including deaths that occurred during the recent riots in the regional prison in San Pedro del Ycuamandiyú. The Committee is further concerned about the vulnerable situation of women and lesbian, gay, bisexual, transgender and intersex persons, and especially transgender persons, who are deprived of their liberty (arts. 6, 7, 9, 10, 14 and 26).
- The State party should:
(a) Redouble its efforts to improve the detention conditions, reduce overcrowding and ensure that detention conditions in all places of deprivation of liberty are in line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules);
(b) Investigate all deaths of persons deprived of their liberty in a prompt and thorough manner, including deaths in educational institutions; prosecute and, where appropriate, punish those responsible; and grant full reparation to the victims’ families;
(c) Ensure adequate oversight of prisons and institutions in which minors under State custody are held;
(d) Ensure that the rights of persons deprived of their liberty who are particularly vulnerable, such as women and lesbian, gay, bisexual, transgender and intersex persons, and especially transgender persons, are respected, in accordance with international standards and without discrimination of any kind, including by providing regular and ongoing training for the staff of all places of deprivation of liberty.