E/C.12/MNG/CO/4
Non-discrimination
12.
While noting that in the Constitution and various laws certain anti-discrimination
provisions exist, the Committee is concerned about the absence of a comprehensive antidiscrimination law that covers all grounds of discrimination, including sexual orientation,
gender identity and disability (art. 2 (2)).
The Committee recommends that the State party take steps to adopt a comprehensive
anti-discrimination law guaranteeing protection for all against discrimination and for
the enjoyment of economic, social and cultural rights, and encompassing all
prohibited grounds of discrimination, including sexual orientation, gender identity
and disability. The Committee draws the State party’s attention to its general
comment No. 20 (2009) on non-discrimination in economic, social and cultural rights.
Discrimination against lesbian, gay, bisexual, transgender and intersex persons
13.
The Committee notes with appreciation the information provided by the State
party’s delegation on the inclusion of sexual orientation as a prohibited ground of
discrimination in the draft revised Criminal Code and a draft labour law. It notes with
concern, however, the persistence of discrimination against lesbian, gay, bisexual,
transgender and intersex persons in the areas of employment, housing, health care and
education. Moreover, the Committee is concerned about the lack of recognition of same-sex
couples, which impedes their enjoyment of Covenant rights (art. 2 (2)).
The Committee recommends that the State party:
(a)
Take all measures necessary, in particular awareness-raising, to ensure
that lesbian, gay, bisexual, transgender and intersex persons are not discriminated
against on the basis of their sexual orientation and gender identity;
(b)
Recognize that same-sex couples are entitled to equal enjoyment of their
economic, social and cultural rights.
Equality between men and women
14.
While noting with appreciation the adoption of the Gender Equality Law (2011)
supported by an implementing strategy, the Committee is concerned about the persistence
of gender stereotypes relating to the roles and responsibilities of men and women in family
and society. The Committee is also concerned about the still limited representation of
women in the parliament and in decision–making positions. Furthermore, it expresses its
concern about the persistence of job announcements that discriminate on the basis of sex,
sexual harassment at the workplace and the concentration of women in low-paying sectors
(arts. 3 and 7).
The Committee recommends that the State party:
(a)
Intensify its efforts, including through the media and by launching
nationwide awareness-raising campaigns and making wider use of temporary special
measures, to achieve substantive equality between men and women in the enjoyment
of economic, social and cultural rights;
(b)
Monitor and ensure the effective implementation of the Gender Equality
Law and include in its next periodic report information on its impact;
(c)
Prohibit immediately the practice of job announcements that
discriminate on the ground of sex and to this end expedite the adoption of the revised
draft labour law and take any other legislative and administrative measures necessary
for gender equality at work, including against sexual harassment;
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