The UN Treaty Bodies

What are Treaty Bodies? A country signs and ratifies a specific treaty and agrees to a “check-up” every few years. A group of experts studies the human rights situation in the country and makes recommendations The group of experts also can make General Comments: a statement of the law In some situations: individual complaints and/or country visits to examine the human rights situation

What’s the difference? UPRSpecial ProceduresTreaty Bodies What kind of review? Country review Mostly thematic review (some country mandates) Country review Who makes the recommendations? Other governments An expert (or small group of them) A committee of experts Scope of HRs coverage? UniversalSpecific to mandateSpecific to treaty Country visits?NoYesSometimes Frequency?Every 4.5 years An annual report on a theme/country NB: Urgent Action Varies: less frequent than UPR Which countries covered? All All, but country visits only if invited Those party to the treaty (=most). How authoritative?Political gov. recs Independent expert recs Authoritative legal expert conclusions What’s the difference?

7 relevant Treaty Bodies -Human Rights Committee (on civil and political rights) -Committee on Economic, Social and Cultural Rights -Committee on Elimination of Racial Discrimination -Committee on the Elimination of Discrimination against Women -Committee against Torture -Committee on the Rights of the Child -Committee on the Rights of Persons with Disabilities

What’s the point? “Real” law by independent experts, not political statements by governments Focus on specific rights with more detailed recommendations The Committee members are interested in Civil Society proposals Submissions can be recycled from other work Chance to meet and speak with representatives of your Government

Human Rights Committee (civil and political rights): 42 Committee on Elimination of Discrimination against Women: 29 Committee on Torture: 19 Gender Identity and Trans References by Treaty Bodies

A typical Treaty Body Process Government submits its report to Committee Civil Society submits proposals for list of issues Government responds to List of Issues & Questions Civil Society submits a Shadow Report Country reviewed by the Committee Civil Society attends and lobbies Committee Committee makes concluding observations, including recommendat ions to State Government (hopefully) implements recs, monitored by the Committee and Civil Society. List of Issues and Questions Country Report Country Review Follow-up Concluding Observations Gov NGO

What are the human rights priorities of Trans persons?

Committee on Economic, Social and Cultural Rights (CESCR) CESCRYogyakarta Principles Non-discriminationPrinciple 2 EmploymentPrinciple 12 HousingPrinciple 15 HealthPrinciples 17 & 18 EducationPrinciple 16

List of Issues: What should the Committee ask the State?

Uganda (2015) Please inform the Committee on measures taken to raise awareness, prevent and combat discrimination based on sexual orientation and gender identity. Please indicate how many incidents of violence or hatred against lesbian, gay, bisexual and transgender persons have been reported and investigated in 2012 and 2013 and what was the outcome of those reports. CESCR List of Issues

Concluding Observations: What has the Committee told States to do?

Article 2(2) : Non-discrimination (Serbia, 2014) The Committee urges the State party to: (a) Intensify its efforts to promote equality and combat discrimination against members of ethnic minorities, persons with disabilities, refugees and internally displaced persons, including Roma, lesbian, gay, bisexual and transgender persons and other marginalized persons and groups with regard to access to employment, social security, housing, health and education CESCR Concluding Observations

Article 6/7 : Rights to/in work So far, always in the context of non-discrimination (as above) CESCR Concluding Observations

Article 11 : Housing (Uganda, 2015) (…) Moreover the Committee expresses concern about information on many incidents of eviction of LGBTI tenants following the passage of the Anti-Homosexuality Act in The Committee urges the State party to: (c) Investigate all reported cases of illegal evictions of LGBTI persons and ensure they are compensated CESCR Concluding Observations

Article 12 : Health (Germany, 2011) The Committee notes with concern that transsexual and inter-sexed persons are often considered to be persons with mental illness and that the State party’s policies, legislative or otherwise, have led to discrimination against these persons as well as to violations of their sexual and reproductive health rights. (art. 12, 2.2) The Committee urges the State party to step up measures, legislative or otherwise, on the identity and the health of transsexual and inter- sex persons with a view to ensuring that they are no longer discriminated against and that their personal integrity and sexual and reproductive health rights are respected. The Committee calls on the State party to fully consult transsexual and inter-sexed persons for this purpose. CESCR Concluding Observations

Article 12 : Health (Ecuador, 2012) (…) The Committee is also concerned by the rate of HIV/AIDS in the State party and especially by shortcomings in the delivery of antiretroviral drugs and health services, in particular to lesbian, gay, bisexual and transgender persons. (…) The Committee recommends that the State party establish guidelines for ensuring that lesbian, gay, bisexual and transgender persons have access to health services, including sexual and reproductive health services, on a non-discriminatory basis. CESCR Concluding Observations

Article 13 : Education (Poland, 2010) The Committee is deeply concerned at reports about homophobia, particularly bullying in schools. The Committee recommends that the State party take measures, in particular awareness-raising, to counter homophobic attitude in educational settings, ensuring that individuals are not discriminated against on the basis of their sexual orientation and identity. The Committee also recommends that the State party introduce in schools the Compass manual on human rights education with young people, published by the Council of Europe. CESCR Concluding Observations

What are your top 3 Trans rights priorities?

Andrés Rivera’s Experience with Treaty Bodies Government submits its report to Committee Civil Society submits proposals for list of issues Government responds to List of Issues & Questions Civil Society submits a Shadow Report Country reviewed by the Committee Civil Society attends and lobbies Committee Committee makes concluding observations, including recommendat ions to State Government (hopefully) implements recs, monitored by the Committee and Civil Society. List of Issues and Questions Country Report Country Review Follow-up Concluding Observations Gov NGO

Upcoming Deadlines SessionCountriesDate CEDAW 62 nd Malawi, Russian Federation 2 October 2015 info for Session CEDAW 64 th Turkey 2 October 2015 info for LoI CRC 73 rd States Parties Reports: South Africa, OPAC: Malawi 1 November 2015 for LoI CERD 88 th Turkey 2 November 2015 info for Session CEDAW 63 rd Tanzania January 2016 info for Session

Questions