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Concluding Observations, CCPR/C/IRQ/CO/5, 4 November 2015: Iraq

C. Principal matters of concern and recommendations

Non-discrimination and equal protection of rights

11. The Committee is concerned at allegations of acts of discrimination and violence against persons on the basis of their real or perceived sexual orientation or gender identity, as well as the social stigmatization and social exclusion of these persons. Taking into consideration the State party’s comment in its periodic report (see CCPR/C/IRQ/5, para. 177), the Committee regrets the lack of clarity on the right of homosexuals to hold peaceful demonstrations. While the Committee observes the diversity of morality and cultures internationally, it recalls that they must always be subject to the principles of universality of human rights and non-discrimination. The Committee is also concerned at the lack of comprehensive anti-discrimination legislation (arts. 2, 6, 7, 17, 19, 21 and 26).

12. The State party should:

(a) Vigorously combat stereotypes about and negative attitudes towards persons on the basis of their sexual orientation or gender identity;

(b) Take the measures necessary to ensure that such persons can fully enjoy all the human rights enshrined in the Covenant, including the right to peaceful assembly;

(c) Adopt robust measures to effectively prevent acts of discrimination and violence against such persons and ensure that all acts of violence against them are effectively investigated, perpetrators brought to justice and victims compensated. It should also collect comprehensive data on cases of violence against persons on the basis of their sexual orientation or gender identity;

(d) Consider enacting comprehensive anti-discrimination legislation that provides full and effective protection against discrimination in all spheres and contains a comprehensive list of prohibited grounds for discrimination, including sexual orientation and gender identity.

Link to full text of the report: Concluding Observations-CCPR-Iraq-2015-eng