CEDAW/C/BOL/CO/7

Bolivia (CEDAW 07-07-2022)

The Committee considered the seventh periodic report of the Plurinational State of Bolivia (CEDAW/C/BOL/7) at its 1896th and 1897th meetings (CEDAW/C/SR.1896 and 1897) held on 23 and 24 June 2022. The list of issues and questions raised by the pre-sessional working group is contained in CEDAW/C/BOL/Q/7 and the responses of Bolivia are contained in CEDAW/C/BOL/RQ/7.

Concluding observations

E. Principal areas of concern and recommendations

Women facing other intersecting forms of discrimination

37. The Committee is concerned about the following:

    (a)      The limited access of women in detention to education, professional training and health care and the limited information on the use of alternative measures to detention; 

    (b)      The prevalence of hate speech and online violence against lesbian, bisexual, transgender and intersex women, as well as reports of gender-based violence, arbitrary detention and violations of their right to privacy by law enforcement personnel.

38. The Committee recommends that the State party:

    (a)      Ensure that women in detention have access to education, professional training and health care and promote the use of alternative measures to detention, especially for pregnant women and women with children;

    (b)      Investigate, prosecute and adequately punish hate speech and online violence against lesbian, bisexual, transgender and intersex women, as well as other forms of gender-based violence against them, arbitrary detention and violations of their right to privacy, including when committed by law enforcement officials.

    Marriage and family relations

39. The Committee notes the adoption of Law No. 807 on Gender Identity (2016) that established an administrative procedure for changing the name, sex, and image of transsexual and transgender persons. It welcomes the efforts to address the disparities in relation to land inheritance. However, it notes with concern:

    (a)      Article 11 (II) of Law 807 on Gender Identity was declared unconstitutional, as Plurinational Constitutional Court Ruling No. 0076/2017 of 9 September 2017 and Plurinational Constitutional Order No. 0028/17 of 22 November 2017, which in effect deprives transsexual and transgender women of a number of rights;

    (b)      The denial of registration of free or de facto unions of same-sex couples, based on a decision that have been appealed to the Constitutional Court;

40. The Committee recommends that the State party:

    (a)     Review existing laws to ensure that lesbian, bisexual, transgender and intersex women have equal access to the rights under the Convention, including equal rights in marriage or family relations;

    (b)      Amend the Family and Family Procedure Codes to set the minimum age of marriage and de facto unions at 18 years for both women and men without exceptions and conduct awareness-raising campaigns among parents, teachers and religious leaders about the harmful effects of child marriage on girls;