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Report of the Special Rapporteur on extreme poverty and human rights, A/HRC/26/28/Add.1, 4 June 2014: Mozambique

III. Legal and institutional framework

12. The Constitution encompasses the right to equality and states that no discrimination shall be permitted on legislative, political, economic or social grounds.[9] Explicit protection is provided on the basis of colour, race, sex, ethnic origin, place of birth, religion, level of education, social position, the marital status of one’s parents, profession or political preference. However, sexual orientation is not addressed as a prohibited ground for discrimination. The Special Rapporteur noted the call of the newly established National Human Rights Commission to incorporate into the Constitution a prohibition of discrimination on the grounds of sexual orientation.[10]

VIII. Conclusion and recommendations

Legal and institutional framework

79. The Special Rapporteur recommends that the Government:

(d) Revise the definition of discrimination in the Constitution and the Penal Code in line with international human rights instruments in order to prohibit all forms of discrimination, including on the basis of sexual orientation and gender identity, and develop effective mechanisms to provide access to justice and remedies in cases of violation of those rights;

Link to full text of the report: Report-SRPoverty-Mozambique-2014-eng


Footnotes    (↵ returns to text)

  1. 9. Articles 35 and 39, respectively.
  2. 10. Richard Lee, “Push for LGBTI rights in Moz Constitution”, Open Society Initiative for Southern Africa, 16 May 2013. Available from