IV. Main areas of concern and recommendations

B. General principles (arts. 2, 3, 6 and 12 of the Convention)

Non-discrimination

19. The Committee is concerned about persistent discrimination against various groups of children in the State party, including children belonging to ethnic and/or religious minority groups, especially concerning their access to identification documents and social services; children born out of wedlock; children with disabilities who are subjected to multiple violations of their rights; and lesbian, gay, bisexual and transgender children, children who are cared for by persons from these groups and children demonstrating non-conformist social behaviour.

20. The Committee recommends that the State party ensure full protection against discrimination on any grounds, adopt and implement a comprehensive strategy addressing all forms of discrimination against all groups of children in vulnerable situations, and combat discriminatory societal attitudes. It also recommends that the State party:

(c) Ensure that children who belong to lesbian, gay, bisexual and transgender groups or who are cared for by persons from these groups, as well as children demonstrating non-conformist social behaviour, are not subjected to any form of discrimination, by raising the public’s awareness of equality and non- discrimination on the basis of sexual orientation and gender identity.

Right to life, survival and development

27. The Committee is deeply concerned about cases of children who are, or who are suspected of being, lesbian, gay, bisexual or transgender, as well as children demonstrating non-conformist social behaviour, being persecuted, tortured and killed by non-State militias with impunity. The Committee is also concerned that the police and courts regularly consider the sexual orientation or gender identity of a victim of violence as a mitigating factor, leading to many cases of attacks against lesbian, gay, bisexual and transgender children going unreported out of fear of further victimization and discrimination.

28. The Committee recommends that the State party take all necessary measures to protect lesbian, gay, bisexual and transgender children and children demonstrating any kind of non-conformist behaviour from all forms of attack; hold perpetrators of attacks fully accountable; and ensure that the sexual identity or gender identity of the victim is under no circumstances accepted as a mitigating circumstance.

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