C. Principal matters of concern and recommendations

Non-discrimination and gender equality

6. The Committee, while noting that the prohibition of discrimination is proclaimed in article 18 of the Constitution and is reflected in a series of legislative acts, is concerned that the prohibited grounds for discrimination appear to differ from one law to another and existing legislation does not afford protection against discrimination on all the grounds prohibited under the Covenant (arts. 2 and 26).

The State party should take all the measures necessary to ensure that its legal framework:

(a) provides full and effective protection against discrimination in all spheres, including in the private sphere, prohibits direct, indirect and multiple discrimination;

(b) contains a comprehensive list of grounds for discrimination, including colour, political or other opinion, national origin, property, birth or other status, and sexual orientation and gender identity;

(c) provides for effective remedies in case of violations.

7. The Committee remains concerned about reports of discrimination, harassment and violence, including by law enforcement officials, against lesbian, gay, bisexual and transgender (LGBT) individuals. It is further concerned that consensual sexual activities between adult males continue to be criminalized under article 120 of the Criminal Code (arts. 2, 7, 17 and 26).

The Committee reiterates its previous recommendation (CCPR/C/UZB/CO/3, para. 22). The State party should take effective measures to combat any form of social stigmatization, hate speech, discrimination or violence against persons based on their sexual orientation or gender identity. It should ensure the investigation, prosecution and punishment of such violent acts and should repeal article 120 of the Criminal Code in line with its obligations under the Covenant.

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