E/C.12/BOL/CO/3

Bolivia (CESCR 05-11-2021)

The Committee considered the third periodic report of the Plurinational State of Bolivia1 at its 41st and 43rd meetings, held on 5 and 6 October 2021, and adopted the present concluding observations at its 54th meeting, held on 15 October 2021.

Concluding observations

C. Principal subjects of concern and recommendations

Lesbian, gay, bisexual, transgender and intersex persons

20. The Committee welcomes the adoption of Act No. 807 of 2016 on Gender Identity, but regrets that Constitutional Court ruling No. 0076/2017 restricts the fundamental rights of transsexual and transgender persons. The Committee takes note of Constitutional Decision No. 127/2020 of the Departmental Court of Justice of La Paz, which allowed the registration of a same-sex partnership for the first time, but is concerned that applications made by other same-sex couples have been denied. The Committee is also concerned about the violence and discrimination experienced by lesbian, gay, bisexual, transgender and intersex persons on the basis of their sexual orientation and gender identity, and about the impunity with which such acts are committed (art. 2 (2)).
21. The Committee recommends that the State party:                                       

(a) Adopt a law on hate crimes against lesbian, gay, bisexual, transgender and intersex persons, protect them from violence and discrimination and combat impunity, including through awareness-raising campaigns aimed at the judiciary, the legislature and the general public;

Unemployment

26. While welcoming the reduction in unemployment under the 2017–2022 Job Creation Scheme, the Committee regrets that insufficient steps have been taken to tackle job losses resulting from the crisis triggered by the coronavirus disease (COVID-19) pandemic, especially among groups traditionally affected by unemployment, such as young persons, indigenous persons, persons with disabilities, lesbian, gay, bisexual, transgender and intersex persons, and asylum seekers, refugees and migrants (art. 6).
27. The Committee recommends that the State party take urgent measures, in the context of reduced job opportunities due to the crisis triggered by the COVID-19 pandemic, to revive the economy and step up efforts to provide support to jobseekers, particularly those from vulnerable groups. The Committee also recommends that the State party monitor the temporary adjustments to labour legislation implemented in response to the COVID-19 pandemic, with a view to preventing abuses. The Committee draws the State party’s attention to its general comment No. 18 (2005) on the right to work.                                       

Conditions of work

30. The Committee is concerned about groups who are exposed to difficult working conditions, violence and abuse in the informal economy, in particular indigenous persons, lesbian, gay, bisexual, transgender and intersex persons, and asylum seekers, refugees and migrants. It is also concerned about the exploitation of women and girls engaged in domestic work and of indigenous workers employed informally in the livestock and agricultural sectors and by logging companies. The Committee regrets the lack of effective measures to protect women from harassment and discrimination in the workplace, as well as the persistence of the wage gap between men and women engaged in the same type of work in the private sector (arts. 2, 6 and 7).
31. The Committee recommends that the State party:                                       

(a) Take steps to promote job stability for women, reduce the wage gap, prevent and punish harassment and discrimination in the workplace and promote work-life balance. The Committee also urges the State party to monitor the conditions of employment of domestic workers and ensure that they have access to effective remedies to combat abuse or exploitation;

(b) Step up its efforts to eliminate labour exploitation affecting the indigenous population and the worst forms of child labour by gathering disaggregated data and increasing the number of inspections in remote locations to identify such situations;                                        

(c) Implement a policy to promote decent work for persons with disabilities in an inclusive job market, and monitor compliance with requirements to provide reasonable accommodation in the workplace;                                        

(d) Consult its general comment No. 23 (2016) on the right to just and favourable conditions of work.

Right to health

50. The Committee welcomes the adoption of the Unified Health System through Act No. 1152 of 2019, which guarantees free health care to individuals not covered by the short-term social security scheme. However, the Committee is concerned about the inadequate funding of Act No. 1152 and the structural weaknesses of the health system, which have been exacerbated by the COVID-19 pandemic and indicate that access to health services remains very unequal. It is also concerned about the underreporting of deaths attributable to COVID-19. It is further concerned that despite the State’s Intercultural Family and Community Health Policy, the number of home visits and specialists trained in using an intercultural approach is insufficient and that there are still barriers to access to health services for persons with disabilities and lesbian, gay, bisexual, transgender and intersex persons (arts. 2 (1), 12 and 15).
51. The Committee recommends that the State party:                                       

(d) Ensure that medical facilities, information and communication are accessible for persons with disabilities; improve the knowledge of health personnel on the rights of persons with disabilities and lesbian, gay, bisexual, transgender and intersex persons and establish health-care protocols for those groups.

(b) Provide the necessary training to law enforcement officers, judiciary personnel and other legal professionals on how to handle cases of discrimination on the basis of sexual orientation and gender identity, including under article 161 of the Criminal Code;                                        

(c) Strengthen its efforts to eliminate negative stereotypes and stigmatization of lesbian, gay, bisexual, transgender and intersex persons, including through awareness-raising campaigns for the public, health-care providers, social workers, law enforcement and other public officials;                                        

(d) Adopt a comprehensive and coherent anti-discrimination legal framework by expediting pending legislative reforms on the harmonization of anti-discrimination laws and strengthening remedies for discrimination, taking into account the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights.