C. Principal matters of concern and recommendations

Discrimination and violence on the grounds of sexual orientation and gender identity

8. The Committee is concerned that the existing anti-discrimination legal framework does not explicitly prohibit discrimination on the basis of sexual orientation and gender identity. It is also concerned about impunity for reported acts of: (a) discrimination and violence against persons on the basis of their sexual orientation and gender identity, including within the family and by police and prison officials; (b) extortion of money from lesbian, gay, bisexual and transgender persons in some police stations in return for not disclosing their sexual orientation or gender identity; (c) hostility on social media targeting lesbian, gay, bisexual and transgender persons; and (d) violations of the rights of lesbian, gay, bisexual and transgender persons to freedom of expression and peaceful assembly (arts. 2, 19, 21 and 26).

9. The State party should ensure that discrimination on the basis of sexual orientation and gender identity is included in its anti-discrimination legal framework, that adequate and effective protection against all forms of discrimination, hate speech or violence committed on the basis of sexual orientation or gender identity is afforded to persons both in law and in practice, that such cases are properly investigated and that perpetrators are held accountable. It should also take all measures necessary to guarantee in practice the effective enjoyment of the rights to freedom of expression and peaceful assembly of lesbian, gay, bisexual and transgender persons and to defenders of those rights.

Link to full text of the report: Concluding Observations-CCPR-Azerbaijan-2016-eng