Materials will be published later.
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Approximately in 2026
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Approximately in 2026
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Adoption outcome report 06-2025
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1. The Committee recommends that the State party: (c) Ensure that lesbian, gay, bisexual, transgender and intersex persons and persons living with HIV/AIDS have access to health care without discrimination, including by establishing adequate training programmes for medical personnel at different levels in order to combat stereotyping and stigmatization and providing them with the knowledge and tools necessary to offer adequate care to persons living with HIV/AIDS, including with regard to the protection of their privacy.
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Recalling its general recommendation No. 36 (2020) on preventing and combating racial profiling by law enforcement officials, the Committee recommends that the State party: (a) Develop and adopt legislation and other forms of regulation explicitly prohibiting law enforcement officials from engaging in racial profiling and racially motivated violence, with effective and meaningful participation of representatives of groups vulnerable to racial discrimination, mainly Roma, migrants, particularly from Central Asia and the Caucasus, people of African descent, and those facing intersecting forms of discrimination, such as women and LGBTQI+ persons.
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The State party should take intensify its efforts to ensure prompt, thorough and impartial investigations into allegations of attacks against persons on the basis of their sexual orientation or gender identity; provide training to law enforcement officials and the judiciary on detecting and combatinghate-motivated crimes, including those motivated by sexual orientation or gender identity; and develop specific monitoring mechanisms documenting the administrative and judicial measures taken to investigate and prosecute such crimes and the sentences imposed on perpetrators. The State party should: (a)Take measures to protect lesbian, gay, bisexual, transgender and intersex persons from violence by public officials and fellow inmates, and in particular protect transgender women from violence inflicted by male detainees; (b)End the discrimination and violence against lesbian, gay, bisexual, transgender and intersex prisoners, abolish the practice of their degrading and involuntary segregation and all other degrading and humiliating practices that still persist in prisons; and investigate promptly, impartially and thoroughly all such allegations, and bring the perpetrators to justice.
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The State party should take vigorous steps to eradicate effectively all forms of discrimination and violence on the basis of sexual orientation and gender identity, inter alia by: (a) explicitly listing sexual orientation and gender identity among the prohibited grounds for discrimination in comprehensive anti-discriminationlegislation; (b) providing appropriate training on combating discriminatory attitudes towards lesbian, gay, bisexual and transgender persons to law enforcement and other officials; and (c) sanctioning such conduct properly, including by promptly and effectively investigating any reports of violence or hatred motivated by sexual orientation and gender identity and by bringing perpetrators to justice. The State party should amend relevant regulations and procedures governing gender transition with a view to ensuring their compatibility with the Covenant, including with the right to privacy.
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Lesbian, bisexual and transgender women 47.The Committee is concerned about the discriminatory terminology in relation to lesbian, bisexual and transgender women in the Criminal Code, legislation and procedures that preclude transgender persons, including women, from changing the gender marker on their identity documents, hate crimes and attacks against lesbian, bisexual and transgender women, and the absence of grounds for prosecution in legislation. 48. The Committee recommends that the State party: (a) Amend the Criminal Code (articles 162– 164) to remove the reference to “lesbianism”; (b) Adopt a definition of rape (article 161) based on lack of free consent that protects all women from rape, including lesbian, bisexual and transgender women; (c) Reinstate the right of transgender persons, including women, to change the gender marker on their passport and other identity documents and their personal identification number, including by repealing the amendments of 1 August 2020 to the civil status law and the procedure for assigning and changing the personal identification number; (d) Criminalize hate speech and attacks against lesbian, bisexual and transgender women and recognize sexual orientation and gender identity as aggravating circumstances if they are the motive for committing such criminal offences; (e) Ensure that lesbian, bisexual and transgender women can freely participate in political and public life by exercising their right to freedom of peaceful assembly without intimidation or reprisals
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Issue within Article 11 of the Convention was addressed to the State. Please also indicate whether protocols are in place to meet the requirements of other groups of prisoners with particular needs, such as persons with disabilities, older persons and lesbian, gay, bisexual, transgender and intersex persons.
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10.Noting the prosecution of human rights defenders in relation to their participation in peaceful protests, the Committee remains concerned about: (c)The reports of harassment, intimidation and reprisals against, as well as cases of arrests, detention and trials of, journalists and human rights defenders, including those working to defend economic, social and cultural rights and those advocating for the rights of minorities and LGBTQI+ persons. 11. The Committee recommends that the State party: (a) Revise, in consultation with civil society, its legislative framework, including the existing Non-Profit Organizations Act, so as to remove the disproportionate and discriminatory obligation of being registered in theRegistry of Non-Profit Organizations Performing Functions of Foreign Representatives if a civil society organization receives foreign funding and is engaged in broadly worded “ political activities ” , abolish undue restrictions on civil society organizations ’ operational autonomy, including the extrajudicial suspension of their operations by the Ministry of Justice and eventual liquidation through a court suit , and ensure that the State party ’ s laws and policies guarantee an environment in which civil society organizations are enabled to freely carry out their activities without undue control, interference or restrictions; (b) Ensure that the draft law on mass media is adopted by the parliament as revised in close consultation with civil society and media representatives, and ensure that the State party ’ s legislative framework enables favourable conditions for journalists and media outlets to carry out their activities without undue control, interference or restrictions; (c) Effectively address cases of harassment, intimidation and reprisals against journalists and human rights defenders by government authorities and private persons or entities, and prevent cases of judicial harassment against them, ensuring that the State party ’ s laws are not used to prosecute and punish them for their legitimate activities; (d) Be guided by the Committee ’ s statement on human rights defenders and economic, social and cultural rights. Discrimination based on sexual orientation and gender identity 22.The Committee notes with concern that, despite its previous recommendations, in 2023, the State party enacted into law sanctions for persons who disseminate information that “denies family and traditional social values and promotes non-traditional sexual relations”, which may aggravate already high levels of discrimination against LGBTQI+ persons. The Committee expresses concern about discriminatory restrictions on the health and bodily autonomy of transgender persons, including the law on the protection of the health of citizens, under which the minimum age for accessing gender-affirming care in the State party has been increased to 25 (arts. 2 and 12). 23. The Committee recommends that the State party repeal all legislative provisions that discriminate against LGBTQI+ persons and that it take legislative measures to prohibit in law all forms of discrimination based on sexual orientation and gender identity. In particular, the Committee recommends that the State party: (a) repeal the legal amendments, as adopted in 2023 by the law introducing amendments to several legal acts, that provide for sanctions for persons who disseminate information that “ denies family and traditional social values and promotes non-traditional sexual relations ” ; (b) revise the law on the protection of the health of citizens and take all measures necessary to guarantee the right of transgender persons to health and bodily autonomy without discrimination, including by removing disproportionate legal and administrative barriers to legal gender recognition and by facilitating access to healthcare, including sexual and reproductive health services and genderaffirming medical services. Right to work 26.While noting the efforts to reduce unemployment, including by vocational training of unemployed persons to meet the skilled worker needs of the labour market, the Committee remains concerned about reports of persistently high unemployment and economic inactivity rates in the State party, especially among young people, women, persons with disabilities and LGBTQI+ persons. The Committee expresses concern about the insufficient efforts undertaken to address job losses triggered by the coronavirus disease (COVID-19) pandemic. Finally, the Committee notes with concern that asylum-seekers are unable to access employment while their asylum applications are being processed (art. 6). 27. The Committee recommends that the State party increase its efforts to reduce unemployment by implementing public sector employment schemes, vocational training programmes and partnerships with the private sector, while ensuring that its policies tackle the root causes of unemployment, paying particular attention to young people, women, persons with disabilities and LGBTQI+ persons. It also recommends that the State party tackle the job losses triggered by the COVID-19 pandemic, paying special attention to the situation of migrant workers and the sectors of the population most affected by unemployment. The Committee further recommends that the State party revise its legislation to facilitate the right to work for asylum-seekers. The Committee refers the State party to its general comment No. 18 (2005) on the right to work. Right to physical and mental health 54.While noting the measures taken to make healthcare and services available and accessible including through the compulsory health insurance system, the Committee is concerned about: (c)The persistent discrimination in access to healthcare experienced by LGBTQI+ persons, persons with disabilities, women involved in sex work and persons living with HIV/AIDS (art. 12). 55. The Committee recommends that the State party: (c) Ensure that LGBTQI+ persons, persons with disabilities, women involved in sex work and persons living with HIV/AIDS have access to healthcare without discrimination, including by establishing adequate training programmes for medical personnel at different levels in order to combat stereotyping and stigmatization and providing them with the knowledge and tools necessary to offer adequate care, including with regard to the protection of privacy; (d) Be guided by the Committee ’ s general comment No. 14 (2000) on the right to the highest attainable standard of health.
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Legal recognition of gender 41.The Committee is concerned that mandatory reassignment surgery, including sterilization, is a requirement for the legal recognition of gender under article 257 (13) of the Family and Marriage Code, that a diagnosis of a psychiatric condition is also required, and that there is a lack of any psychosocial support in this regard (art. 16). 42. The State party should revoke the requirement of mandatory reassignment surgery contained in article 257 (13) of the Family and Marriage Code, and the requirement of a diagnosis of a psychiatric condition, establish procedures concerning the legal recognition of gender based on non-discrimination and on a voluntary basis, and ensure impartial counselling services and psychosocial support.
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b)Adopt legislative and policy measures to combat gender-based violence and discrimination against lesbian, bisexual, transgender and intersex women
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12. The Committee highlights as critical the meaningful and inclusive participation of women at all stages of peace and reconstruction processes so that women ’ s priorities and experiences of the armed conflict are fully integrated into those processes, as required under the Convention and Security Council resolution 1325 (2000) , with a view to achieving a lasting peace. The Committee recalls its general recommendation No. 30 and recommends that the State party: (e) Address in a sustainable manner the specific needs of internally displaced women and girls and of those in a refugeelike situation, who often face intersecting forms of discrimination, including widows, women and girls with disabilities, older women, women and girls belonging to ethnic minorities, and lesbian, bisexual, transgender and intersex women.
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21. The Committee recommends that the State party provide effective protection against all forms of discrimination and violence based on sexual orientation and gender identity, which hinders the enjoyment by victims of their economic, social and cultural rights . It also recommends that the State party take all the measures necessary to combat stigmatization and discrimination affecting lesbian, gay, bisexual, transgender and intersex persons, including through awareness-raising campaigns.
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Discrimination and violence on the grounds of sexual orientation and gender identity 17. While noting the 2020 policy document on sexual orientation and gender identity rights and the legislative efforts under way to strengthen protection, the Committee remains concerned about the reported prevalence of discrimination, harassmentintimidation and attacks against lesbian, gay, bisexual and transgender persons, advocates for their rights and journalists, in particular the violent attacks committed during the Tbilisi Pride march on 5 and 6 July 2021. It is further concerned by reports of homophobic and transphobic rhetoric being conducted with impunity by politicians, other public officials and religious figures. Furthermore, it regrets the lack of definition of legal recognition of gender reassignment and reports that individuals are required to undergo gender-reassignment surgery in order to change their civil status (arts. 2, 7, 17, 21 and 26). 18. The State party should step up its efforts to: (a) Provide effective protection against all forms of discrimination and violence on the basis of sexual orientation and gender identity, both in law and in practice, and ensure that such violations are promptly and effectively investigated, that perpetrators are held accountable, with penalties commensurate with the seriousness of the crime, and that victims have access to full reparation; (b) Take adequate measures to prevent ang=en homophobic and transphobic discourse by politicians, other public officials and religious figures; (c) Review and amend its legislation and procedure for the change of civil status with respect to gender identity, with a view to providing a quick, transparent and accessible gender-recognition procedure on the basis of self-identification by applicants
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Recommendations were not accepted in Concluding Observations
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The Committee recommends the State party to: (a) Expedite the adoption of the Equality and Non-Discrimination Bill and ensure that it guarantees adequate protection against all forms of discrimination in order to ensure equal access to all economic, social and cultural rights; (b) Repeal article 120 of the Criminal Code; (c) Review its legislative framework with the aim of eliminating discriminatory provisions against persons with HIV/AIDS; (d) Establish mechanisms to ensure that victims of discrimination can seek redress, including effective administrative and judicial remedies; (e) Conduct awareness-raising campaigns targeting the public, health-care providers, and law enforcement and other public officials to eliminate negative stereotypes and stigma against members of marginalized groups, such as persons living with HIV, and lesbian, gay, bisexual, transgender and intersex persons; (f) Consider its general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights.
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The Committee also recommends that the State party adopt a comprehensive anti ‑ discrimination law that: (a) provides sufficient protection against discrimination in accordance with article 2 of the Covenant; (b) explicitly includes all prohibited grounds of discrimination enumerated in that article and as elaborated in the Committee ’ s general comment No. 20 (2009) on nondiscrimination in economic, social and cultural rights, including sexual orientation and gender identity; (c) defines direct and indirect discrimination in line with the State party ’ s obligations under the Covenant; (d) prohibits discrimination in the public and private spheres; and (e) provides for effective remedies in cases of discrimination. 23. The Committee recommends that the State party repeal all legislative provisions that discriminate against LGBTQI+ persons and that it take legislative measures to prohibit in law all forms of discrimination based on sexual orientation and gender identity. In particular, the Committee recommends that the State party: (a) repeal the legal amendments, as adopted in 2023 by the law introducing amendments to several legal acts, that provide for sanctions for persons who disseminate information that “ denies family and traditional social values and promotes non-traditional sexual relations ” ; (b) revise the law on the protection of the health of citizens and take all measures necessary to guarantee the right of transgender persons to health and bodily autonomy without discrimination, including by removing disproportionate legal and administrative barriers to legal gender recognition and by facilitating access to healthcare, including sexual and reproductive health services and genderaffirming medical services.
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22. Recalling its general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19, the Committee recommends that the State party: (a) Review the Act on Protection and Defence against Domestic Violence to ensure that it covers all forms of gender-based violence and takes into account the special needs of disadvantaged and marginalized groups of women, including women with disabilities, migrant women, women living with HIV/AIDS, women using drugs and lesbian, bisexual and transgender women.
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Anti-discrimination legal framework 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 all the grounds prohibited under the Covenant, including colour, political or other opinion, national origin, property, birth, sexual orientation and gender identity or other status; Discrimination on the grounds of sexual orientation and gender identity The State party should: (a) Take effective measures to combat any form of social stigmatization, harassment, hate speech, discrimination or violence against persons based on their sexual orientation or gender identity, including by providing training for law enforcement personnel, prosecutors and the judiciary, and by conducting awareness-raising campaigns promoting sensitivity and respect for diversity among the general public; (b) Ensure that cases of discrimination and violence against persons belonging to these groups that are committed by individuals or State agents are systematically investigated, that perpetrators are punished with appropriate penalties and that victims receive full reparation; (c) Repeal article 120 of the Criminal Code; (d) Eliminate unwarranted requirements for legal recognition of gender reassignment, including mandatory psychiatric hospitalization, as well as provide and effectively implement a quick, transparent and accessible gender recognition procedure on the basis of self-identification by the applicant.
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35. The Committee recalls its previous recommendations (CEDAW/C/MDA/CO/4- 5, para. 32) and recommends that the State party:(f) Eliminate discrimination and stigma against women living with HIV/AIDS through awareness-raising and extend the programme on the prevention and control of HIV/AIDS to women belonging to disadvantaged groups, particularly transgender women.
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The Committee recommends that the State party: (a) Adopt comprehensive anti-discrimination legislation and measures to prohibit direct and indirect discrimination, as well as intersecting forms of discrimination, in the public and private spheres, and to include all internationally recognized prohibited grounds of discrimination against women; The Committee recommends that the State party take advantage of the adoption of the vision for the development of civil society for the period up to 2025: (b) To review the law on charities to remove disproportionate restrictions on the registration of civil society organizations and ensure that such organizations, including feminist organizations promoting women’s human rights and the rights of lesbian, bisexual and transgender women and intersex persons, are able to exercise their rights to freedom of expression, assembly and association without undue interference.
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Non-discrimination 19. The Committee recommends that the State party: (a) Adopt a comprehensive anti-discrimination legislation and policy framework aimed at ensuring equality and addressing direct, indirect, multiple and intersecting forms of discrimination on any ground, including gender identity, sexual orientation, and residence or documentation status, among others; (b) Strengthen its efforts to ensure non-discriminatory access to adequate housing, employment, education and health care by disadvantaged and marginalized individuals and groups, including internally displaced persons; (c) Take all measures necessary 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, teachers, social workers, and law enforcement and other public officials; (d) Put in place an efficient procedure for legal gender recognition, irrespective of whether or not the person has undergone gender reassignment surgery, to facilitate the equal enjoyment of Covenant rights by transgender persons.
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Violence against lesbian, gay, bisexual and transgender persons 63.The Committee is concerned at reports that lesbian, gay, bisexual and transgender persons are subjected to: violence and torture while in detention; persecution by the police, including through entrapment schemes carried out using websites, threatening videos and extortion; and violence by private persons. The Committee is also concerned that the State party indicated that it has no cases open involving violence against lesbian, gay, bisexual or transgender persons. In addition, it is concerned about reports that the criminalization of same-sex sexual relations in article 120 of the criminal procedure code renders lesbian, gay, bisexual and transgender persons particularly vulnerable to violence by both law enforcement officials and private persons. This is because lesbian, gay, bisexual and transgender persons are reluctant to contact the authorities to seek protection from violence for fear of being arrested (arts. 2, 12–14 and 16). The State party should undertake prompt, effective and impartial investigations of all allegations of torture and ill-treatment perpetrated against lesbian, gay, bisexual or transgender persons by or with the consent or acquiescence of public officials. The State party also should take measures to prevent violence and discrimination against lesbian, gay, bisexual or transgender persons on the basis of their sexual orientation and gender identity, including by repealing article 120 of the criminal code and ensuring that its complaints mechanisms are accessible to and capable of facilitating effective protection for lesbian, gay, bisexual or transgender persons who are victims of or at risk of violence.
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The Committee recommends that the State party address the stigma experienced by lesbian, bisexual and transgender women and intersex persons when they endeavour to gain access to health care, including sexual and reproductive health care.
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Materials will be published later.
Materials will be published later.
Materials will be published later.