C. Principal subjects of concern and recommendations

Discrimination

21. The Committee is concerned that the State party does not yet have a comprehensive anti-discrimination framework reflecting all the criteria stipulated in the Covenant. It is further concerned by the lack of comprehensive and effective measures for fighting discrimination against indigenous peoples, Hondurans of African descent and persons living with HIV/AIDS and discrimination on grounds of sexual orientation or gender identity (art. 2).

22. The Committee recommends that the State party expedite the adoption of comprehensive anti-discrimination legislation that ensures adequate protection against discrimination consistent with article 2 of the Covenant, bearing in mind as well the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, and that in particular it should:

(a) Explicitly include all the prohibited grounds for discrimination listed in article 2 of the Covenant and in the Committee’s general comment No. 20 (2009);

(b) Eliminate from its domestic legal order any provision that might be discriminatory on grounds of sexual orientation or gender identity or impede the full enjoyment of economic, social and cultural rights by lesbian, gay, bisexual or transgender persons;

(c) Define direct and indirect discrimination in a manner that is consistent with its obligations under the Covenant;

(d) Prohibit discrimination in both the public and the private spheres;

(e) Implement effective legal and administrative arrangements to provide protection against discrimination, including by establishing provisions that allow for reparation in cases of discrimination;

(f) Take all steps necessary to prevent and combat ongoing discrimination against all disadvantaged or marginalized persons or groups, including through awareness campaigns, so that those persons and groups may fully exercise their Covenant rights.

Link to full text of the report: Concluding Observations-CESCR-Honduras-2016-eng