The SRI collaborated on submissions for Eswatini, Hungary, Samoa, Sudan, Tajikistan, Tanzania, Thailand, and Papua New Guinea for the 39th Universal Periodic Review (UPR) session.
Colectivo Ovejas Negras; Akahatá – Equipo de trabajo en sexualidades y géneros; Synergia – Initiatives for Human Rigths; and the SRI – Sexual Rights Initiative, present the following alternative report to the Committee Against Torture. This report is aimed at contributing to the reviewing of the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by the State of Uruguay.
This submission first suggests that the Committee should develop an intersectional analysis that recognizes the ableist, sexist and patriarchal systems, structures and institutions that define productivity and dependency. Secondly, it highlights how the full enjoyment of sexual and reproductive rights, broadly understood, redistributes resources, legitimacy, and power, therefore conditioning access to and keeping work. In reciprocity, access to work mediates the exercise of sexual and reproductive rights. The submission concludes by suggesting recommendations for structural changes to accessing work, health, education, and social protection systems.
This submission is made on behalf of 12 civil society organizations and individuals working on issues concerning gender, sexuality and migration from different perspectives. We commend the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) for addressing the pressing issue of migrants’ rights to liberty and freedom from arbitrary detention and welcome the opportunity to provide inputs to the Draft General comment No. 5 (2020) on migrants’ rights to liberty and freedom from arbitrary detention in a very critical time given the COVID-19, discriminatory government response against the migrant workers during the pandemic and worryingly increasing incidents and crackdown against migrant workers globally. We believe that integrating a clear intersectional and gender analysis will further strengthen the draft general recommendation and set out some analysis and recommendation below for the Committee’s consideration.
This submission urges the Committee to clearly recognize that any deprivation of liberty resulting from discriminatory laws, regulation and policies or their discriminatory application is by definition arbitrary and breaches the right of equal protection before the law. Discriminatory laws, policies and regulations addressing migration and beyond have a disproportionate negative impact on migrant women, adolescents, sex workers, people living with HIV, lesbian, gay, bisexual, transgender, gender non-conforming and intersex persons, persons with disabilities, and anyone who is perceived to have transgressed sexual and gender norms. In the context of migration and detention, such individuals and groups are more likely to suffer compounded rights violations. As a result, States cannot hold them in detention in relation to migratory measures and must always provide alternatives to detention.