A/66/44
Rules for the Administration of Juvenile Justice (Beijing Rules) are applied. The State
party should establish specialized juvenile courts with trained juvenile judges and
other judicial staff. If need be, the State party should seek international assistance in
this regard.
Discrimination and violence against vulnerable groups
(25)
The Committee is concerned:
(a)
About reports that there is no comprehensive domestic law against
discrimination and that hate crimes and speech is not an offence under the law. The
Committee is also concerned at reports that vulnerable groups such as lesbian, gay, bisexual
and transgender (LGBT) persons are subjected to violence and sexual abuse, both in public
and domestic settings, owing to widespread negative social attitudes. The Committee
welcomes the official registration of the LGBT Centre and notes with appreciation the
indication by the State party of the need for a public awareness-raising campaign regarding
LGBT persons;
(b)
About reports concerning the discrimination against persons with HIV/AIDS,
especially with regard to housing and pre-screening prior to employment;
(c)
That, while taking note of the enactment in 2002 of the new Civil Code which
stipulates that non-citizens have the same rights as citizens in civil and legal matters, some
foreigners may be subjected to organized violence based on ethnic origin (arts. 2 and 16).
The State party should establish a comprehensive legal framework to combat
discrimination, including hate crimes and speech. The State party should take
measures to bring perpetrators of such crimes to justice. The State party should
ensure the protection of vulnerable groups such as sexual minorities, persons living
with HIV/AIDS, and some foreigners. The State party should establish effective
policing, enforcement and complaints mechanisms with a view to ensuring prompt,
thorough and impartial investigations into allegations of attacks against persons on
the basis of their sexual orientation or gender identity in line with the Yogyakarta
Principles on the Application of International Human Rights Law in Relation to
Sexual Orientation and Gender Identity. The State party should adopt legislation to
combat violence caused by organizations which promote and incite racial, ethnic and
other forms of discrimination.
Persons with mental disabilities and psychological problems
(26) The Committee regrets the lack of information provided by the State delegation with
regard to legal safeguards, including monitoring and oversight, in relation to the
hospitalization of persons with mental illnesses and intellectual disabilities. The Committee
is further concerned at reports of the frequent use of hospitalization and that few alternative
treatment options are in place, and at the very low number of professionals specialized in
working with persons with mental illnesses and disabilities.
The State party should, as a matter of urgency, strengthen the legal provisions in
relation to the rights of persons with disabilities, including persons with mental
illnesses and intellectual disabilities, and should establish monitoring and oversight
mechanisms for places of hospitalization. The State party should strengthen
alternative methods of treatment and care and should give priority to increasing the
number of psychologically/psychiatrically skilled professionals.
Data collection
(27) The Committee regrets the absence of comprehensive and disaggregated data on
complaints, investigations, prosecutions and convictions of cases of torture and illtreatment by law enforcement, security, military and prison personnel, as well as on death
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GE.11-45568
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