E/C.12/PAK/CO/1
Non-discrimination
19.
The Committee is concerned that the legal provisions regarding non-discrimination
within the State party, including articles 25-27 of the Constitution, only prohibit
discrimination on grounds of race, religion, caste, sex, residence or place of birth in respect
of access to places of public entertainment or resort and places not intended for religious
purposes only, as well as in respect of appointment to positions of public service. It is also
concerned at the absence of comprehensive anti-discrimination legislation (art. 2).
20.
The Committee recommends that the State party consider revising articles 2527 of the Constitution with a view to ensuring that the Constitution prohibits
discrimination on all grounds, including colour, language, political or other opinion,
national or social origin, property, disability, sexual orientation and gender identity or
other status. It also recommends that the State party adopt comprehensive antidiscrimination legislation prohibiting all direct, indirect and multiple forms of
discrimination, on any ground, and providing for effective remedies for victims of
discrimination, including through judicial and administrative proceedings. The
Committee draws the attention of the State party to its general comment No. 20 (2009)
on non-discrimination in economic, social and cultural rights.
Criminalization of same-sex relations
21.
The Committee is concerned that same-sex relations between consenting adults is
criminalized (art. 2).
22.
The Committee recommends that the State party decriminalize same-sex
relations between consenting adults and take the measures necessary to raise public
awareness and combat discrimination based on sexual orientation and gender identity.
Persons with disabilities
23.
The Committee is concerned at the narrow definition of disability in the legislation,
which limits the capacity of the State party to assess the situation of persons with
disabilities and to develop effective policies to address the discrimination facing them in
relation to the enjoyment of Covenant rights. It is also concerned at the lack of reasonable
accommodation and personal assistance services for persons with disabilities and at the
limited legal provisions aimed at ensuring the accessibility of public facilities and
institutions, which seriously impede the enjoyment of economic, social and cultural rights
by persons with disabilities (art. 2).
24.
The Committee recommends that the State party take the steps necessary to
bring the definition of disability in its legislation into line with the Convention on the
Rights of Persons with Disabilities and to include in its legislation denial of reasonable
accommodation as a ground of discrimination. It also recommends that the State
party carry out a nationwide study on the situation of persons with disabilities,
collecting data disaggregated by sex, ethnicity and other social status.
Afghan refugees
25.
The Committee commends the State party for hosting about 1.5 million Afghan
refugees and 1 million Afghans seeking asylum despite the challenges of security and
natural hazards facing the country. The Committee is, however, concerned at the uncertain
legal status of Afghan refugees whose proof of residence cards will expire on 31 December
2017 and the absence of a registration procedure for unregistered Afghans. It is also
concerned about well-documented reports of police abuse, including beatings, seizures of
proof of residence cards, demands of bribery, threats of deportation and arbitrary detention,
against such people (art. 2).
26.
The Committee recommends that the State party ensure that all registered
Afghan refugees are allowed to stay in the country until it is safe for them to return or
resettle in another country. It also recommends that the State party reopen the
registration procedure to allow unregistered Afghans residing in Pakistan to obtain
legal residential status. It further recommends that the State party promptly and
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