Concluding Observations, E/C.12/CHN/CO/2, 23 May 2014: China
D. Principal subjects of concern and recommendations: Hong Kong, China
41. The Committee is concerned about the prevalent and widespread discrimination against some disadvantaged and marginalized groups, such as migrants and internal migrants, asylum-seekers and refugees, as well as on the grounds of sexual orientation and gender identity, particularly in employment, education, health care and housing. The Committee notes with concern the absence of comprehensive anti-discrimination legislation and regrets that the Race Discrimination Ordinance does not include discrimination on the grounds of nationality, citizenship, resident status or the length of residence in Hong Kong, China (art. 2, para. 2).
The Committee recommends that Hong Kong, China, take steps to adopt comprehensive anti-discrimination legislation in compliance with article 2, paragraph 2, of the Covenant and taking into account the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights. The Committee reiterates its previous recommendation (E/C.12/1/Add.107, para. 91) and urges Hong Kong, China, to eliminate the widespread discriminatory practices against migrants and internal migrants from other parts of China. The Committee also urges Hong Kong, China, to take adequate measures to ensure that lesbians, gays, bisexual and transgender persons are able to fully enjoy their economic, social and cultural rights without any discrimination.
E. Principal subjects of concern and recommendations: Macao, China
54. The Committee notes with concern that Macao, China has not yet adopted comprehensive anti-discrimination legislation and that widespread discrimination against migrants, as well as lesbian, gay, bisexual and transgender persons, persists in Macao, China, particularly in employment, health care, education and housing. The Committee also notes with concern that de facto discrimination against persons with disabilities persists, particularly in the field of employment (art. 2, para. 2).
The Committee urges Macao, China to consider the adoption of comprehensive anti- discrimination legislation, in compliance with article 2, paragraph 2, of the Covenant and taking into account the Committee’s general comment No 20 (2009) on non- discrimination in economic, social and cultural rights.
Link to full text of the report: Concluding Observations-CESCR-China-2014-eng