E/C.12/CRI/CO/5
(a)
Explicitly include all the prohibited grounds for discrimination listed in
article 2 of the Covenant, taking account of general comment No. 20 (2009) on nondiscrimination in economic, social and cultural rights;
(b)
Define direct and indirect discrimination in a manner that is consistent
with its obligations under the Covenant;
(c)
Prohibit discrimination in both the public and the private spheres;
(d)
Include provisions for access to remedies in cases of discrimination
through judicial, administrative and other procedures.
18.
While the Committee welcomes the adoption of the national policy and action plan
for a society free from racism, racial discrimination and xenophobia, it remains concerned
about continuing discrimination against certain marginalized and disadvantaged groups (art.
2).
19.
The Committee recommends that the State party take the necessary measures
to ensure the effective implementation of the national policy and action plan for a
society free from racism, racial discrimination and xenophobia, including through the
allocation of adequate human, technical and material resources. The Committee urges
the State party to increase its efforts to prevent and combat continuing discrimination,
in particular against members of indigenous peoples, persons of African descent,
persons with HIV or AIDS, migrants, asylum seekers and refugees, including by
carrying out awareness-raising campaigns with a view to ensuring the full exercise of
the rights recognized under the Covenant, particularly access to employment, social
security, health care and education.
Discrimination on grounds of sexual orientation and gender identity
20.
While the Committee takes note of the various steps taken to combat discrimination
on grounds of sexual orientation and gender identity, it is concerned that lesbian, gay,
bisexual, transgender and intersex persons continue to experience discrimination. It is also
concerned that the absence of legal recognition of their gender identity is a barrier to
transgender persons having effective access to work, education and health services (art. 2).
21.
The Committee recommends that the State party adopt a policy that
comprehensively addresses discrimination on grounds of sexual orientation and
gender identity. The Committee also recommends that the State party take the
necessary legislative and administrative measures to recognize the rights of same-sex
couples and to ensure that transgender persons have effective access to economic,
social and cultural rights.
Gender equality
22.
Although the Committee takes note of the creation of the Gender Equality and
Equity Management System, it is concerned about the low labour participation rate of
women, the persistence of horizontal and vertical segregation in the workplace and the
considerable wage gap between men and women. The Committee is also concerned that
gender stereotypes continue to be deeply entrenched in family and society (art. 3).
23.
The Committee recommends that the State party:
(a)
Take the necessary steps to increase the labour participation rate of
women and to eliminate the persistent gender wage gap, by combating vertical and
horizontal segregation in employment that results in women occupying lower-paid
jobs and facing obstacles to the enjoyment of career opportunities on an equal footing
with men;
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