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Annex

I. UPR of Brazil (2nd Cycle – 13th session) Thematic list of recommendations and assessment of implementation:

Recommendation Position Full list of themes Assessment on level of implementation Index

Right or area: 2.1. Acceptance of international norms

119.7. Consider becoming a State party and ratify the International Convention for the Protection of the Rights of All Migrant Workers and their Families to protect the human rights of these migrant workers (Philippines);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 9

Supported 2.1 Acceptance of international norms23.2 Right to just and favourable conditions of work34 MigrantsAffected persons:- migrant workers

In the process of implementation Para. 10

119.8. Consider ratifying the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families ( Chile );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 9

Supported 2.1 Acceptance of international norms34 MigrantsAffected persons:- migrant workers


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119.9. Signs and ratify as soon as possible the optional protocol to the International Covenant on Economic, Social and Cultural Rights ( Portugal );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 11

Supported / Noted

2.1 Acceptance of international norms16 Right to an effective remedy, impunity21 Economic, social & cultural rights - general measures of implementationAffected persons:- general

In the process of implementation

Comments: A/HRC/21/11/Add.1 states at para 11: Brazil expresses partial support for recommendation No. 119.9. The Brazilian State attaches great importance to the promotion and protection of such rights – as indicated by the strong emphasis on foreign policy actions for their promotion and their correlation with development. Nevertheless, the ratification of the Protocol shall be preceded by comprehensive discussions among the different bodies and national councils responsible for debating the formulation and monitoring of public policies affecting economic, social and cultural rights, since its ratification will generate obligations whose implications need be understood by all key State and non-State actors.

Para. 12

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119.10. Ratify the ILO conventions No. 189 and 87 regarding, respectively, decent conditions of work for female and male domestic workers and freedom of association and protection of the right to organise (Chad);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 12

Supported/ Noted

2.1 Acceptance of international norms14.5 Freedom of association23.2 Right to just and favourable conditions of workAffected persons:- general


Comments: A/HRC/21/11/Add.1 states at para 12: Recommendation No. 119.10 enjoys the partial support of Brazil. Regarding ILO Convention No. 189, the Ministry of Labor created, in 2012, a Tripartite Commission on Domestic Work2, which is responsible for examining the Convention and for issuing advisory opinions on its content and its referral to the Congress. On the same topic, it must be highlighted that the Proposed Constitutional Amendment No. 478 of 2010, which extends rights to domestic workers, is under consideration at the Congress. With regard to Convention No. 87, Brazil recognizes the right to freedom of professional or union association, according to Article 8 of the Federal Constitution, observing the principle of union unity, as provided for in item II of Article 8.

Para. 14 – 15

Right or area: 3.3. Cooperation with other international mechanisms and institutions

119.41. Continue promoting cooperation and dialogue in addressing situations of concern in the Human Rights Council ( Pakistan );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 5

Supported 3.3 Cooperation with other international mechanisms and institutionsAffected persons:- general

Fully implemented Para. 2 – 3

Right or area: 4. Inter-state cooperation & development assistance

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119.29. Share with other countries good practices and achieved developments ( Guatemala );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 4 Inter-State cooperation & development assistance37 Right to development - general measures of implementationAffected persons:- general

Fully implemented Para. 3 and 19

119.30. Share its best practices within poverty reduction and the promotion of social equality at the bilateral and multilateral level ( Lebanon );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 4 Inter-State cooperation & development assistance22.5 Human rights & extreme povertyAffected persons:- general- persons living in poverty


119.62. That other state governments consider implementing similar programme s to Rio de Janeiro ’s UPP Police Pacifying Unit ( Australia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 18

Supported / Noted

4 Inter-State cooperation & development assistance5.2 Institutions & policies - GeneralAffected persons:- general

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Comments: A/HRC/21/11/Add.1 states at para 18: Brazil expresses partial support for recommendation No. 119.62. The government has violence-reduction policies aimed at the security of the population, such as "Brasil Mais Seguro" (“Safer Brazil”) and "Crack, é possível vencer” (“It is possible to beat crack”). The extension to other federal states of any action, such as Pacifying Police Units, depends on the specifics of each location and on the acquiescence of each federal entity, due to the federal pact enshrined in the Federal Constitution. It must also be noted that the model of proximity policing, integrated in the program of Pacifying Police Units in the state of Rio de Janeiro, is encouraged by the Brazilian government in the other states of the federation, within the framework of the National Policy of Public Safety.

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Right or area: 5.1. Constitutional & legislative framework

119.4. Fully align the national legislation with all obligations arising out of the Rome Statute of the International Criminal Court ( ICC ) ( Slovakia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 9

Supported 5.1 Constitutional and legislative framework16 Right to an effective remedy, impunityAffected persons:- general


119.5. Fully align the national legislation with all obligations under the Rome Statute of the ICC, including incorporating the Statute’s definition of crimes and general principles, as well as adopting provisions enabling cooperation with the ICC ( Slovenia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 9

Supported 5.1 Constitutional and legislative framework16 Right to an effective remedy, impunityAffected persons:- general


119.24. Amend its legislation for the legal recognition of same - sex couples ( Finland );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 20

Supported/Noted

5.1 Constitutional and legislative frameworkAffected persons:- Lesbian, gay, bisexual and transgender persons (LGBT)

Partially implemented

Comments: A/HRC/21/11/Add.1 states at para 20: Brazil partially supports recommendation No. 119.24. The civil union of persons of the same sex is already legally recognized in Brazil, as a result of a decision of the Supreme Federal Court

Para. 38

119.39. Adopt legislation to implement the Convention on the Rights of Persons with Disabilities ( Spain );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 5.1 Constitutional and legislative framework31 Persons with disabilitiesAffected persons:- general- persons with disabilities

Fully implemented Para. 30

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119.86. Adopt a law to confirm the official status of the national programme for the protection of human rights defenders ( Belgium );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 13

Supported 5.1 Constitutional and legislative framework36 Human rights defendersAffected persons:- human rights defenders- general


119.115. Continue to promote reforms to the Judicial System which incorporate the prioritization of the respect for human rights ( Chile );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 5.1 Constitutional and legislative frameworkAffected persons:- general- judiciary


Right or area: 5.2. Institutions & policies

119.6. Establish mechanisms to monitor and evaluate the compliance with its human rights obligations ( Costa Rica );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 5

Supported 5.2 Institutions & policies - GeneralAffected persons:- general

In the process of implementation Para. 3 – 4

119.16. Step up the necessary processes for the creation of the National Council for Human Rights ( Mozambique );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 8



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119.17. Encourage and facilitate relevant human rights institutions to be accredited by the International Coordinating Committee of NHRIs in line with the Paris Principles in order to create a space for independent monitoring of human rights , particularly on abusive military and police activities (Namibia);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 8



119.18. Conclude the process for the adoption of the draft law that creates a national human rights institution in compliance with the Paris Principles ( Peru );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 8



119.19. Give further impetus to the creation of a national human rights institution in accordance with the Paris Principles ( Portugal );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 8



119.20. Establish a national human rights institution in accordance with the Paris Principles ( Senegal );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 8



119.21. Ensure that the establishment of a national human rights institutions be in conformity with the Paris Principles ( France );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 8



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119.22. Accelerate efforts toward the establishment of a Brazilian National Human Rights Council in accordance with the Paris Principles, including through passing a Bill on converting the Council for the Defence of the Rights of the Human Person into the National Human Rights Council which is currently in the agenda of the National Congress (Indonesia);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 8



119.23. Expedite effort to establish a national human rights institution in conformity with the Paris Principles ( Malaysia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 8



119.26. Continue to prepare reports in order to enhance and promote the human rights situation ( Qatar );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 5



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119.31. Pay particular attention to seek even more effective results in the implementation of policies addressing the following issues: protection of the rights and promotion of the socio-economic situation of indigenous peoples and Afro-descendent Quilombo communities; access to justice and combating impunity; extra-judicial executions, torture in detention and; protection of human rights defenders (Cape Verde);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 5

Supported 5.2 Institutions & policies - General12.3 Extrajudicial, summary or arbitrary executions12.5 Prohibition of torture and cruel, inhuman or degrading treatment15.1 Administration of justice & fair trial16 Right to an effective remedy, impunity22 Right to an adequate standard of living32 Members of minorities33 Indigenous peoplesAffected persons:- human rights defenders- indigenous- persons deprived of their liberty- minorities/ racial, ethnic, linguistic, religious or descent-based groups

Fully implemented Para. 16 – 18 (Human Rights Defenders)Para. 30 – 66 (Promotion of Equality)Para. 58 – 66 (Indigenous peoples)Para. 80 – 85 (Judicial System and Access to Justice)Para. 86 – 89 (Preventing and Combating Torture)Para. 90 – 95 (Public Safety and Extrajudicial killings)

119.33. Continue advancing in the creation of the National Plan for Infancy and Adolescence ( Colombia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 24

Supported 5.2 Institutions & policies - General30.1 Children: definition; general principles; protectionAffected persons:- general- children


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119.35. Formulate programmes for the effective implementation of the National Plan on the Rights of Persons with Disabilities ( Nepal );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 5.2 Institutions & policies - General31 Persons with disabilitiesAffected persons:- persons with disabilities


119.49. Continue to prioritize policy aimed at promoting equality and repairing social distortions and disparities ( South Africa );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 5.2 Institutions & policies - General8 Equality & non-discriminationAffected persons:- general


119.60. Work towards abolishing the separate system of military police by implementing more effective measures to tie State funding to compliance with measures aimed at reducing the incidence of extrajudicial executions by the police (Denmark);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 17

Noted 5.2 Institutions & policies - General12.3 Extrajudicial, summary or arbitrary executionsAffected persons:- general

Comments: A/HRC/21/11 states at para 17: Recommendation No. 60 cannot enjoy the support of Brazil, in light of the constitutional provision on the existence of civilian and military police forces. Civilian Police Forces are responsible for the tasks of judiciary police and for the investigation of criminal offenses, except military offenses. Military police forces are responsible for ostensible policing and for the preservation of public order (art. 144, paragraphs 5 and 6 of the Federal Constitution). It should be noted that Brazil has adopted measures to improve control over the actions of public safety professionals, in particular through ombudsmen and internal affairs offices, as well as through the permanent training of professionals in human rights and the encouragement of the differentiated use of force.

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119.75. Closely monitor the effectiveness of, and review if necessary, the National Programme to Support the Prison System and the Law on Precautionary Measures ( Japan );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 5.2 Institutions & policies - General12.6 Conditions of detentionAffected persons:- general- persons deprived of their liberty

In the process of implementationPara. 97, 100, 101

119.78. Prioritize the reform of the prison system and ensure respect for and protection of the human rights of all detainees ( Italy );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 5.2 Institutions & policies - General12.6 Conditions of detentionAffected persons:- general- persons deprived of their liberty

In the process of implementationPara. 96 – 107

119.83. Consider the development of a comprehensive policy to address the problem of human rights violations against its defenders founded on strategies for strengthening the independence of the judiciary and increasing the awareness of the population and public authorities as to the important role of these defenders (Timor- Leste);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 13

Supported 5.2 Institutions & policies - General36 Human rights defendersAffected persons:- human rights defenders- judiciary


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119.103. Focus on developing a system allowing effective collaboration between the health, social security, education, and tourism sectors with the aim of adequately tackling all forms of sexual exploitation in the country (Hungary);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 5

Supported 5.2 Institutions & policies - General12.7 Prohibition of slavery, trafficking22.4 Right to social security24 Right to health - General25 Right to education - GeneralAffected persons:- general

In the process of implementation Para. 50 – 52, 67 – 68, 93, 112 and 113

119.110. Accelerate the improvement of the judicial, police and prison systems in line with international human rights standards (Holy See) ;Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 5.2 Institutions & policies - General12.6 Conditions of detention15.1 Administration of justice & fair trialAffected persons:- general- persons deprived of their liberty

In the process of implementation Para. 80 – 85 (Judicial System and Access to Justice)Para. 90 – 95 (Public Safety and Extrajudicial killings)Para. 96 – 107 (Prison System)

119.140. Continue its favourable policies with concrete initiatives aimed at the most vulnerable groups such as women, children and minorities ( Viet Nam );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 5.2 Institutions & policies - GeneralAffected persons:- children- women- minorities/ racial, ethnic, linguistic, religious or descent-based groups

Fully implemented Para. 44 – 52 (Gender equality)Para. 38 – 43 (LGBT)Para. 108 – 122 (Children and Adolescents)

Right or area: 6. Human rights education and training

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119.65. Revise the human rights training programmes for the security forces, emphasizing the use of force according to the criteria of necessity and proportionality and putting an end to extra-judicial executions ( Spain );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 6 Human rights education, trainings12.3 Extrajudicial, summary or arbitrary executionsAffected persons:- general

Fully implemented Para. 91, 92 and 103

119.90. Provide systematic training to judges, prosecutors and lawyers on women’s rights and violence against women, including on the implementation of the Maria da Penha Law on domestic and family violence against women ( Canada );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 6 Human rights education, trainings15.1 Administration of justice & fair trial29.1 Discrimination against women29.2 Violence against women, trafficking and exploitation of prostitutionAffected persons:- general- women


119.161. Complete the national guidelines for education in the field of human rights and pursue a participatory approach in cooperation with civil society ( Iraq );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 27

Supported 6 Human rights education, trainings7.1 Context, statistics, budget, dissemination, civil societyAffected persons:- general


Right or area: 7.1. Context, statistics, budget, cooperation with civil society

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119.25. Ensure that federal and state authorities work more efficiently together to produce statistics and regular human rights reports ( Belgium );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 5

Supported 7.1 Context, statistics, budget, dissemination, civil societyAffected persons:- general


Right or area: 8. Non-discrimination

119.28. Encourage initiatives fostering social and inter-community harmony ( Algeria );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 5

Supported 8 Equality & non-discrimination5.2 Institutions & policies - GeneralAffected persons:- general


119.50. Follow up on the recommendation of ILO to continue efforts to ensure full equality of opportunity and treatment for women, persons of African Descent and indigenous persons ( Turkey );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 8 Equality & non-discrimination9 Racial discrimination29.1 Discrimination against womenAffected persons:- indigenous- women- minorities/ racial, ethnic, linguistic, religious or descent-based groups

In the process of implementation Para. 44 – 49 (Gender equality)Para. 58 – 66 (Indigenous Peoples)Para. 53 – 57 (Ethnic-racial equality)

119.53. Continue its efforts to eradicate all forms of discrimination against the elderly ( Argentina );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 8 Equality & non-discriminationAffected persons:- older persons


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119.55. Address discrimination and prejudice against leprosy in line with the Principles and Guidelines for the Elimination of Discrimination against Persons Affected by Leprosy and Their Family Members and the relevant General Assembly resolution (Japan);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 8 Equality & non-discriminationAffected persons:- general


119.97. Take measures to address homo - and trans-phobic crime, including by establishing a system for recording such crimes ( Finland );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 8 Equality & non-discrimination13.1 Liberty and security - generalAffected persons:- general- Lesbian, gay, bisexual and transgender persons (LGBT)


119.134. Continue implementing and strengthening social inclusiveness, equality and non-discriminatory public practices, among which “ Brazil without Poverty” ( Nicaragua );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 8 Equality & non-discrimination22.1 Right to an adequate standard of living - general22.4 Right to social securityAffected persons:- general- persons living in poverty

Fully implemented Para. 19 – 24 (Reducing poverty and promoting social equality)Para. 30 – 57 (Promotion of Equality)

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119.138. Continue to address the grievance of and empower vulnerable groups – particularly women, children, indigenous people, and people of African descent – by reducing urban-rural discrepancies and promoting equal access to opportunities for all, especially access to health care, education, employment, housing and social security (Thailand);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 8 Equality & non-discrimination22.3 Right to adequate housing22.4 Right to social security24 Right to health - General25 Right to education - GeneralAffected persons:- children- indigenous- persons living in rural areas- minorities/ racial, ethnic, linguistic, religious or descent-based groups

Fully implemented Para. 50 – 52 (Gender equality)Para. 53 – 57 (Ethnic-racial equality)Para. 58 – 66 (Indigenous peoples)Para. 108 – 113 (Children and Adolescents)

119.139. Strengthen measures in poverty eradication as well as in reducing socio-economic development gaps among regions and social groups ( Viet Nam );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 8 Equality & non-discrimination22.1 Right to an adequate standard of living - generalAffected persons:- general- persons living in poverty


119.144. Ensure equal access to poverty reduction programmes, particularly for indigenous families ( Egypt );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 8 Equality & non-discrimination22.1 Right to an adequate standard of living - general22.5 Human rights & extreme povertyAffected persons:- general- persons living in poverty- indigenous

In the process of implementation Para. 19 – 24, 64

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119.154. Take more effective measures to address the problem of social and economic inequality, in particular in the areas of health, education and employment opportunities between the population in the urban and rural areas ( Malaysia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 8 Equality & non-discrimination23.1 Right to work24 Right to health - General25 Right to education - GeneralAffected persons:- general- persons living in rural areas

In the process of implementation Para. 19 – 24, 131, 132, 141

Right or area: 9. Racial discrimination

119.56. Take into consideration the provisions of HRC resolution A/HRC/RES/13/27 relating to sport and racism, when preparing and organizing the 2014 football World Cup and the 2016 Olympic Games, in order to promote understanding, tolerance and peace and strengthen the efforts in the struggle against racism, racial discrimination, xenophobia and related intolerance (Morocco);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 25

Supported 9 Racial discrimination8 Equality & non-discriminationAffected persons:- general- minorities/ racial, ethnic, linguistic, religious or descent-based groups

Fully implemented Para.146 – 151

Right or area: 12.1. Right to life

119.59. Establish measures for greater accountability to prevent loss of life ( Namibia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 12.1 Right to life5.2 Institutions & policies - GeneralAffected persons:- general

Fully implemented Para. 86 – 89 and 90 – 95

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119.70. Address the high rate of homicides in Brazil ’s overcrowded prisons ( Turkey );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 12.1 Right to life12.6 Conditions of detentionAffected persons:- general- persons deprived of their liberty


Right or area: 12.3. Extrajudicial, summary or arbitrary executions

119.61. Take stronger action, at the federal government level, to counter “death squads” ( Republic of Korea );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 12.3 Extrajudicial, summary or arbitrary executionsAffected persons:- general


Right or area: 12.4. Death penalty

119.3. Consider withdrawing reservations to the core international human rights instruments, in particular to the Second Optional Protocol to ICCPR ( Turkey );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 10

Supported / Noted

12.4 Death penalty2.2 ReservationsAffected persons:- general

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Comments: A/HRC/21/11 states at para 3: Recommendation No. 119.3 enjoys the partial support of Brazil. The Brazilian State has ratified nearly all international human rights treaties. Regarding the Second Optional Protocol to the International Covenant on Civil and Political Rights, to which Brazil is a signatory, the reservation mentioned at the recommendation was fundamental to the consensus needed for the celebration of the instrument, and is provided for in its Article 2 (1).

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Right or area: 12.5. Prohibition of torture and cruel, inhuman or degrading treatment

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119.11. Expedite the implementation of an efficient and autonomous National Preventive Mechanism, as stipulated in the OP-CAT and ensure that it enjoys the independence, resources and other conditions needed to fulfi l its task ( Sweden );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 12.5 Prohibition of torture and cruel, inhuman or degrading treatment5.2 Institutions & policies - GeneralAffected persons:- general- persons deprived of their liberty


119.12. Prompt adoption of Bill no. 2442 with amendments that guarantee the independence and autonomy of the National Preventative Mechanism members, in conformity with Brazil ’s OPCAT obligations ( United Kingdom );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 16

Supported/Noted

12.5 Prohibition of torture and cruel, inhuman or degrading treatment5.2 Institutions & policies - GeneralAffected persons:- general- persons deprived of their liberty

Fully implemented

Comments: A/HRC/21/11 states at para 16: Brazil partially supports recommendation No. 119.12. The Executive drafted a bill, currently under discussion at the Congress, which ensures the independence and autonomy of the members of the National Mechanism for the Prevention and Combat of Torture, in accordance with the Optional Protocol to the Convention against Torture, enacted into Brazilian law through Decree No. 6.085/07, on April 19, 2007

Para. 86 and 87

119.13. Swiftly implement the proposed National System to Prevent and Combat Torture to address concerns over abuse in prisons ( Australia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15



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119.14. Adopt Bill No. 2442 in order to guarantee the independence and autonomy of the members of the National Preventive Mechanism, in conformity with Brazil ’s obligations under OPCAT ( Denmark ) ;Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15



119.15. Request the Sub-committee on the Prevention of Torture to publicly release the report of its September 2011 visit ( Switzerland );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 12.5 Prohibition of torture and cruel, inhuman or degrading treatmentAffected persons:- general- persons deprived of their liberty


119.63. Implement further measures to combating and preventing torture, as well as strengthen existing mechanisms for the implementation of the recommendations of the United Nations Committee Against Torture and other international bodies (Uzbekistan);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 12.5 Prohibition of torture and cruel, inhuman or degrading treatment40 Treaty body follow-up proceduresAffected persons:- general


119.64. Continue the authorities’ efforts to prevent and combat torture both at the federal and state levels ( Indonesia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 12.5 Prohibition of torture and cruel, inhuman or degrading treatmentAffected persons:- general


Right or area: 12.6. Conditions of detention

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119.66. Make sure prisoners and detainees have access at all times to their rights and descriptions of proper treatment, including those laid down in the Standard Minimum Rules and the Body of Principles for the Protection of Detainees and make sure that they have access to effective procedures to realize these rights (Netherlands);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 12.6 Conditions of detention13.3 Arbitrary arrest and detentionAffected persons:- general- persons deprived of their liberty


119.67. Make further efforts to improve conditions in detention facilities according to international standards, especially including developing gender-sensitive policies and programmes for women ( Republic of Korea );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 12.6 Conditions of detentionAffected persons:- women- persons deprived of their liberty


119.68. Take action to improve prison conditions, in particular to improve the conditions of women’s detention facilities in accordance with international standards, and ensure protection of human rights of all detainees, including guarantees of due process and protection against cruel and inhumane treatment ( Slovenia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 12.6 Conditions of detention12.5 Prohibition of torture and cruel, inhuman or degrading treatment13.3 Arbitrary arrest and detention15.1 Administration of justice & fair trial29.1 Discrimination against womenAffected persons:- general- women- persons deprived of their liberty


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119.69. Reform the penitentiary system to reduce the level of overcrowding and to improve the living conditions of persons deprived of their liberty ( Spain );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 12.6 Conditions of detentionAffected persons:- persons deprived of their liberty


119.71. Reduce prison overcrowding and pretrial detention periods by enforcing the 2011 Law on Precautionary Measures ( United States );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 12.6 Conditions of detention13.3 Arbitrary arrest and detentionAffected persons:- general- persons deprived of their liberty


119.72. Take action to improve prison conditions ( Czech Republic );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 12.6 Conditions of detentionAffected persons:- general- persons deprived of their liberty


119.73. Exert further efforts to improve prison conditions ( Egypt );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15



119.74. Undertake effective measures to improve prison conditions ( Hungary );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15



22


119.76. Pay extra attention to the special needs of women prisoners by considering implementing the Bangkok rules ( Thailand );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 12.6 Conditions of detention29.1 Discrimination against womenAffected persons:- women- persons deprived of their liberty


119.77. Make more efforts to improve the situation in detention facilities especially in women’s prisons ( Greece );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 12.6 Conditions of detention29.1 Discrimination against womenAffected persons:- women- persons deprived of their liberty


Right or area: 12.7. Prohibition of slavery, trafficking

119.98. Strengthen domestic cooperation between relevant actors, as well as international cooperation, in order to combat both internal and international trafficking and sexual exploitation of women and children ( Sweden );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 23

Supported 12.7 Prohibition of slavery, trafficking4 Inter-State cooperation & development assistance29.1 Discrimination against women29.2 Violence against women, trafficking and exploitation of prostitution30.3 Children: protection against exploitationAffected persons:- general- children- women

Fully implemented Para. 67 – 68, 112 and 113

23


119.99. Adopt and implement, in accordance with relevant international law, national legislation to combat trafficking in women and children which will prosecute and convict traffickers, and take effective measures to prevent sexual tourism (Switzerland);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 23

Supported 12.7 Prohibition of slavery, trafficking5.1 Constitutional and legislative framework5.2 Institutions & policies - General16 Right to an effective remedy, impunity29.1 Discrimination against women29.2 Violence against women, trafficking and exploitation of prostitutionAffected persons:- general- children- women

Partially implemented Para. 67 – 68, 112 and 113

119.100. Step up prosecutions of individuals who traffic in persons and increase funding for specialized services, including shelters, for trafficking victims ( United States );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 23

Supported 12.7 Prohibition of slavery, trafficking16 Right to an effective remedy, impunityAffected persons:- general


119.101. Combat human trafficking, “death squads”, violence and related sexual exploitation (Holy See);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 23

Supported 12.7 Prohibition of slavery, trafficking12.3 Extrajudicial, summary or arbitrary executions13.1 Liberty and security - generalAffected persons:- general

Fully implemented Para. 67 – 68 (Fighting human trafficking)Para. 91 and 92 (Public Safety and Extrajudicial killings)

24


119.102. Adopt more comprehensive legislation to combat trafficking in persons ( Iraq );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 23

Supported 12.7 Prohibition of slavery, trafficking5.1 Constitutional and legislative frameworkAffected persons:- general


119.106. Take effective legislative measures for special protection and integration mechanisms for victims of slave labour ( Iran );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7


Partially implemented Para. 25 – 29

119.107. Give greater importance to the recommendations made by the Committee of the ILO Experts as regards the combat of slavery labour ( Iraq );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 12.7 Prohibition of slavery, traffickingAffected persons:- general


119.119. Secure what is prescribed in Article 149 of the Brazilian Penal Code, relating to the criminal prosecution of the crime of slavery ( Paraguay );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7



Right or area: 13.1. Liberty & security – general

25


119.89. Take all necessary measures to ensure the physical integrity of journalists and human rights defenders (France);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 13

Supported 13.1 Liberty and security - general36 Human rights defendersAffected persons:- human rights defenders- media


Right or area: 14.3. Freedom of opinion and expression

119.130. Consider freedom of expression concerns when drafting cybercrime legislation ( Estonia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 5

Supported 14.3 Freedom of opinion and expression5.1 Constitutional and legislative frameworkAffected persons:- general- media


Right or area: 15.1. Administration of justice & fair trial

119.111. Continue the implementation of the policy aimed at improving the judicial system, reforming the law enforcement bodies and reducing the crime rate and corruption ( Russian Federation );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 15.1 Administration of justice & fair trial5.2 Institutions & policies - General5.3 Political framework & good governance13.1 Liberty and security - general38.1 Human rights, structural adjustment/economic reform policies & foreign debtAffected persons:- general- judiciary


26


119.112. Facilitate access to justice through additional measures, which could reduce structural obstacles such as the cost and the cumbersome nature of the procedures ( Morocco );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 15.1 Administration of justice & fair trial8 Equality & non-discriminationAffected persons:- general


119.113. Strengthen the judiciary by combating slowness as well as addressing corruption and the repressive treatment of adolescents ( Spain );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 15.1 Administration of justice & fair trial5.3 Political framework & good governance30.4 Juvenile justiceAffected persons:- children- judiciary


119.114. Continue its endeavours to contribute to improving the criminal justice system in the country ( Azerbaijan );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 15.1 Administration of justice & fair trialAffected persons:- judiciary


119.116. Further develop the legislation that would allow women to exercise their rights to privacy and confidentiality during police investigations and guarantee the right to presumption of innocence, due process, and legal defence ( Estonia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 15.1 Administration of justice & fair trial5.1 Constitutional and legislative framework14.6 Right to private life, privacy22.4 Right to social securityAffected persons:- women- judiciary

Fully implemented Para. 50 – 52, 80 – 85

27


119.117. Increase the total number of Public Defenders and to secure a constant presence of Public Defenders in all detention institutions ( Netherlands );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 15.1 Administration of justice & fair trial5.2 Institutions & policies - General12.6 Conditions of detentionAffected persons:- human rights defenders- general- persons deprived of their liberty


119.118. Ensure the availability of public defenders in all detention locations in order to enhance guarantees of due process ( Canada );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 15.1 Administration of justice & fair trial5.2 Institutions & policies - General12.6 Conditions of detentionAffected persons:- general- persons deprived of their liberty


Right or area: 16. Right to an effective remedy, impunity

119.120. Ensure that all killings by law enforcement personnel are properly registered and thoroughly, independently investigated ( Slovakia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 16 Right to an effective remedy, impunity12.1 Right to lifeAffected persons:- general

In the process of implementation Para. 86 – 88, 91 and 92

28


119.121. Combat impunity on crimes against judges by creating a protection system for judges under threat ( United States );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 16 Right to an effective remedy, impunity13.1 Liberty and security - generalAffected persons:- general- judiciary


119.122. Ensure that all members of the police and prison officers that commit human rights violations and abuses, such as torture and ill-treatment, are held accountable ( Czech Republic );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 16 Right to an effective remedy, impunity12.5 Prohibition of torture and cruel, inhuman or degrading treatmentAffected persons:- general


119.123. Effectively fight against arbitrary and on-duty police killings, in particular by creating a strong framework for impartial investigation ( Germany );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 15

Supported 16 Right to an effective remedy, impunity12.3 Extrajudicial, summary or arbitrary executionsAffected persons:- general


119.124. Continue working for the strengthening of the process of truth-seeking ( Paraguay );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 26

Supported 16 Right to an effective remedy, impunityAffected persons:- general


29


119.125. Continue its efforts to guarantee the right to the truth for victims and families of serious human rights violations and for all Brazilian society, ensuring proper functioning of the Truth Commission ( Argentina );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 26


Fully implemented Para. 74 –78

119.126. Ensure that the Truth Commission created in November 2011 be provided with sufficient resources to recognize the right of victims to justice, in particular for crimes with no statute of limitation ( France );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 26



Right or area: 17. Rights related to name, identity, nationality

119.128. Study the possibility of having campaigns for registering girls, boys and adolescents in the North and North - east of Brazil, with the cooperation of the universal system of human rights (Uruguay);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 24

Supported 17 Rights related to name, identity, nationalityAffected persons:- children- girls


119.129. Regularly foster awareness on birth registration at national and local levels, particularly through the organization of public campaigns to highlight the importance of birth-registration ( Uruguay );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 24

Supported 17 Rights related to name, identity, nationalityAffected persons:- children


30


Right or area: 18. Right to participate in public affairs & right to vote

119.44. Intensify efforts to enhance the participation of women in socio-economic activities ( Nepal );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 18 Right to participation in public affairs and right to vote29.1 Discrimination against womenAffected persons:- women


119.46. Continue its efforts to consolidate greater representation of women in decision-making positions, both in public administration and the private sector ( Peru );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19



119.48. Consider the possibility of implementing affirmative action policies in order to achieve a larger representation of women in the executive, legislative and judiciary branches ( Ecuador );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19



Right or area: 19. Rights related to marriage & family

119.27. Continue its efforts to strengthen human rights, particularly within the framework of the family ( Saudi Arabia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 5

Supported 19 Rights related to marriage & familyAffected persons:- general

Fully implemented Para. 3 – 5, 20, 127

31


119.127. Protect the natural family and marriage, formed by a husband and a wife, as a basic cell of society as it provides the best conditions for raising children (Holy See);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 6

Supported/Noted

19 Rights related to marriage & family30.2 Children: family environment and alternative careAffected persons:- general


Comments: A/HRC/21/11 states at para 6: Brazil expresses partial support for recommendation No. 119.127. The Federal Constitution provides for the State protection of the family, which is the basis of society. Brazil has public policies aimed at protecting the family and ensuring the conditions for raising their children. However, Brazilian institutions recognize other family arrangements as also eligible for protection, such as women raising children alone.

Para. 3 – 5, 20, 127

Right or area: 21. Economic, social & cultural rights – general measures of implementation

119.155. Keep taking the necessary measures to combat continued deforestation in order to ensure the effective enjoyment of economic, social and cultural rights ( Egypt );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 27

Supported 21 Economic, social & cultural rights - general measures of implementationAffected persons:- general


Right or area: 22.1. Right to an adequate standard of living - general

119.58. Make every effort to ensure that the forthcoming World Cup and Olympics will bring lasting benefits to the poorest and most marginalized urban inhabitants ( Ukraine );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 25

Supported 22.1 Right to an adequate standard of living - generalAffected persons:- general- persons living in poverty


32


119.131. Examine the possibility of expanding the scope of application and the target population of the “Bolsa Familia” programme aimed at reducing poverty and redouble its efforts to reduce social inequalities (Morocco);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 22.1 Right to an adequate standard of living - general5.2 Institutions & policies - General8 Equality & non-discrimination22.5 Human rights & extreme povertyAffected persons:- general- persons living in poverty


119.132. Continue efforts to reduce poverty and increase, if possible, the necessary resources for current programmes, such as the “Bolsa Familia” ( Greece );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 22.1 Right to an adequate standard of living - general5.2 Institutions & policies - GeneralAffected persons:- general- persons living in poverty


119.135. Continue its efforts to combat poverty and social disparities ( Pakistan );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 22.1 Right to an adequate standard of living - general8 Equality & non-discriminationAffected persons:- persons living in poverty


119.136. Pursue strategies fighting against poverty and social inequalities ( Senegal );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 22.1 Right to an adequate standard of living - general8 Equality & non-discriminationAffected persons:- persons living in poverty


33


119.141. Improve the struggle against poverty, improve the fate of individuals and communities fighting for access to land in rural zones, and protect them against evictions, intimidations, threats and killings (Belgium);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 22.1 Right to an adequate standard of living - general22.3 Right to adequate housing22.4 Right to social securityAffected persons:- general- persons living in poverty- persons living in rural areas

In the process of implementation Para. 16 – 18, 19 – 24

119.143. Continue to move forward its poverty reduction strategy and protect the rights of vulnerable groups so as to achieve sustainable economic and social development ( China );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 22.1 Right to an adequate standard of living - general22.5 Human rights & extreme povertyAffected persons:- general- persons living in poverty


119.145. Continue programmes and measures aimed at eliminating poverty and increasing the socio-economic development of the country ( Cuba );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 22.1 Right to an adequate standard of living - general37 Right to development - general measures of implementationAffected persons:- general- persons living in poverty


119.150. Maintain the commitment to poverty reduction (Holy See);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 22.1 Right to an adequate standard of living - generalAffected persons:- persons living in poverty- women


34


119.170. Continue improving the life conditions of migrants and refugees in Brazil (Holy See).Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 23

Supported 22.1 Right to an adequate standard of living - generalAffected persons:- refugees and asylum-seekers- migrants

Fully implemented Para 69 – 73

Right or area: 22.2. Right to food

119.147. Reduce infant mortality rates and malnutrition in children ( Chile );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 27

Supported 22.2 Right to food24 Right to health - GeneralAffected persons:- children

Fully implemented Para. 130, 131, 133 and 134

119.153. Continue its effort in strengthening the protection of the right to food ( Iran );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 27

Supported 22.2 Right to foodAffected persons:- general


Right or area: 22.3. Right to adequate housing

119.57. Ensure that urban restructuring in advance of the 2014 World Cup and the 2016 Olympics be properly regulated to prevent displacements and forced evictions, and that residents in affected areas are given full and timely information about proposals affecting them; engage in a genuine negotiation with the communities to explore alternatives to eviction; and, where necessary, offer compensation or alternative adequate housing close to the existing communities (Canada);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 25

Supported 22.3 Right to adequate housing14.1 Freedom of movement16 Right to an effective remedy, impunityAffected persons:- general


Right or area: 22.4. Right to social security

35


119.133. Continue strengthening social security to cover all segments of society ( Nepal );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 22.4 Right to social securityAffected persons:- general


Right or area: 22.5. Human rights & extreme poverty

119.32. Continue in its effort to eliminate extreme poverty and include in its social policies those who are most vulnerable, especially women, children, A fro-descendants, indigenous peoples, the elderly and persons with disabilities ( Ecuador );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 22.5 Human rights & extreme povertyAffected persons:- general- children- persons living in poverty- older persons- women- persons with disabilities

Fully implemented Para. 19 – 24 (Reducing poverty and promoting social equality)Para. 35 – 37 (Elderly)

119.137. Continued action in eradicating extreme poverty ( Sri Lanka );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 22.5 Human rights & extreme povertyAffected persons:- persons living in poverty


119.142. Concentrate on the poorest and most vulnerable ( Burkina Faso );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 22.5 Human rights & extreme povertyAffected persons:- persons living in poverty

Fully implemented Para. 19 – 24 (Reducing poverty and promoting social equality)Para. 30 – 34 (People with disabilities)

Right or area: 23.1. Right to work

36


119.51. Continue combating inequalities in access to employment and in working conditions based on gender and race as noted by CESCR ( Turkey );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 23.1 Right to work9 Racial discrimination29.1 Discrimination against womenAffected persons:- indigenous- women- minorities/ racial, ethnic, linguistic, religious or descent-based groups

Fully implemented Para. 44 – 48 (Gender equality)Para. 53 – 57 (Ethnic-racial equality)

119.52. Adopt effective measures in the structured labour market in order to accelerate the elimination of occupational segregation ( Honduras );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 23.1 Right to workAffected persons:- general

In the process of implementation Para. 30 – 31, 44 – 48, 53 – 57

119.54. Encourage employment opportunities programme s for the elderly and strengthen measures to prevent and punish discrimination against them ( Mexico );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 23.1 Right to work8 Equality & non-discriminationAffected persons:- older persons


Right or area: 23.2. Right to just and favourable conditions of work

119.43. Adoption of the principle of equal pay for equal work, regardless of any differences ( Iraq );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 23.2 Right to just and favourable conditions of workAffected persons:- general


Right or area: 24. Right to health

37


119.146. Continue advancing in the development and implementation of the “Stork Network” and the national system for registration, monitoring and accompanying for pregnant women in order to prevent maternal mortality, in the context of the policy for integral assistance to woman’s health (Colombia);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 27

Supported 24 Right to health - GeneralAffected persons:- general


119.148. Continue its efforts to guarantee free and quality health services ( Cuba );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 27

Supported 24 Right to health - General29.1 Discrimination against womenAffected persons:- general


119.149. Continue the process of expanding the possibilities of accessing the voluntary termination of pregnancy in order to ensure the full recognition of sexual and reproductive rights (France);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 28

Supported/Noted

24 Right to health - General29.1 Discrimination against womenAffected persons:- general- women

Not implemented yet

Comments: A/HRC/21/11 states at para 28:. On recommendation No. 119.149, Brazil manifests its partial support. The Brazilian State provides access to health services in the cases of termination of pregnancy allowed by the legislation and by decision of the Supreme Court.

-

119.151. Reduce maternal, child and infant morbidity and mortality by promoting effective assistance measures during pregnancy and at the moment of birth (Holy See);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 7

Supported 24 Right to health - GeneralAffected persons:- children- women


38


119.152. Improve health - care efforts, especially to reduce child mortality and the prevalence rate of HIV and AIDS ( Iran );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 27

Supported 24 Right to health - GeneralAffected persons:- persons living with HIV/AIDS- children- women


Right or area: 25. Right to education

119.156. Continue with its religious education programmes in public schools ( Namibia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 29

Supported/Noted

25 Right to education - General14.2 Freedom of thought, conscience and religionAffected persons:- general- children- minorities/ racial, ethnic, linguistic, religious or descent-based groups

-

Comments: A/HRC/21/11 states at para 29:. Brazil partially supports recommendation No. 119.156, based on the understanding that both the Federal Constitution and Federal Law number 9.394 of 2006 provide for religious education, with optional enrollment, at public schools of primary education, while ensuring respect for cultural and religious diversity and forbidding all forms of proselytism. Therefore, in compliance with the secular nature of the Brazilian State, religious education in Brazil does not constitute confessional or inter-confessional teaching of faith.

-

119.157. Implement strategies to solve problems facing education, particularly at the elementary level ( Palestine );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 27

Supported 25 Right to education - GeneralAffected persons:- general- children


39


119.158. Take adequate measures to combat illiteracy and guarantee to all citizens the enjoyment of the right to education, especially for poor people, those living in rural areas or indigenous minorities (Holy See);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 27

Supported 25 Right to education - GeneralAffected persons:- persons living in poverty- indigenous- persons living in rural areas- minorities/ racial, ethnic, linguistic, religious or descent-based groups


119.159. Adopt additional measures for access to education, in order to contribute to overcoming the educational gap between the black and white populations ( Honduras );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 27

Supported 25 Right to education - General9 Racial discriminationAffected persons:- general- minorities/ racial, ethnic, linguistic, religious or descent-based groups


119.160. Continue its educational strategies to ensure that all children enrol in school and receive a quality basic education ( Iran );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 27

Supported 25 Right to education - GeneralAffected persons:- general- children


Right or area: 29.1. Discrimination against women

119.2. Take more steps towards full implementation of CEDAW recommendations ( Egypt );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 9

Supported 29.1 Discrimination against womenAffected persons:- women

Fully implemented Para. 11, 44 – 52

40


119.45. Continue its efforts to guarantee full equality, opportunities and treatment for women and continue implementing national development plans ( Palestine );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19



119.47. Continue to promote gender equality in all fields ( Qatar );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19



Right or area: 29.2. Gender-based violence

119.91. Increase its efforts to fully implement the Maria da Penha Law regarding the rights of women victims of domestic violence ( Portugal );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 29.2 Violence against women, trafficking and exploitation of prostitution29.1 Discrimination against womenAffected persons:- women

Fully implementedPara. 50 – 52

119.92. Continue fighting violence against women ( Senegal );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19



41


119.93. Continue its efforts to implement policies to enhance the protection of women against violence ( Singapore );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19



119.94. Take effective steps to ensure gender equality and counteract violence against women ( Uzbekistan );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19



119.95. Take further steps in order to promote gender equality and eliminate domestic and family violence in the country ( Azerbaijan );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19



119.96. Take legal and practical measures to eliminate violence and discrimination against women particularly in the rural and remote areas of Brazil ( Iran );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 29.2 Violence against women, trafficking and exploitation of prostitution29.1 Discrimination against womenAffected persons:- rural women- women


Right or area: 30.3. Children: protection against exploitation

42


119.104. Continue with its efforts to eradicate child labour with a particular focus on children in highly vulnerable situations ( Singapore );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 24

Supported 30.3 Children: protection against exploitation30.1 Children: definition; general principles; protectionAffected persons:- children


119.105. Intensify the programmes to combat child labour ( Algeria );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 24

Supported 30.3 Children: protection against exploitationAffected persons:- children


119.108. Strengthen measures concerning the many children who continue to live on the street where they remain vulnerable to abuse ( Turkey );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 24

Supported 30.3 Children: protection against exploitation22.1 Right to an adequate standard of living - general22.3 Right to adequate housingAffected persons:- children in street situations


119.109. Improve the protection of children by fighting against child labour, providing for children living in the streets and ensuring education for them (Holy See);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 24

Supported 30.3 Children: protection against exploitation22.1 Right to an adequate standard of living - general22.3 Right to adequate housing25 Right to education - GeneralAffected persons:- children in street situations- children

Fully implemented Para. 115 – 118 (Child Labour)Para. 119 – 122 (Homeless children)

Right or area: 31. Persons with disabilities

43


119.34. Continue with the proper implementation of the Convention on the Rights of Persons with Disabilities, particularly with regard to the exercise of their political rights ( Mexico );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 31 Persons with disabilities18 Right to participation in public affairs and right to voteAffected persons:- persons with disabilities


119.36. Continue its efforts to implement the national plan for the human rights of persons with disabilities and exert further efforts to eliminate discrimination against them and integrate them into society ( Palestine );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 31 Persons with disabilities5.2 Institutions & policies - General8 Equality & non-discriminationAffected persons:- persons with disabilities


119.37. Ensure an effective non-discrimination for persons with disabilities as well as recognition of all persons with disabilities as persons before the law ( Slovakia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 31 Persons with disabilities8 Equality & non-discrimination15.2 Right to be recognized as a person before the lawAffected persons:- persons with disabilities


119.38. Ensure that people with disabilities in situations of abandonment or without family support are able to live in the community in a non-segregated way, providing for their access to services such as health, education or social security ( Slovakia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 31 Persons with disabilities8 Equality & non-discrimination15.2 Right to be recognized as a person before the law22.4 Right to social security24 Right to health - General25 Right to education - GeneralAffected persons:- general- persons with disabilities


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119.40. Adopt measures and safeguards to ensure the exercise, in conditions of equality, of the legal capacity and recognition before the law of persons with disabilities ( Costa Rica );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 31 Persons with disabilities15.2 Right to be recognized as a person before the lawAffected persons:- persons with disabilities


Right or area: 32. Members of minorities

119.162. Strengthen the awareness campaigns on the rights of indigenous populations and persons of African descent, notably through the implementation of the provisions of the specific laws adopted in this domain ( Morocco );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 19

Supported 32 Members of minorities8 Equality & non-discrimination33 Indigenous peoplesAffected persons:- indigenous

Partially implemented Para. 53 – 57 (Ethnic-racial equality)Para. 58 – 66 (Indigenous peoples)

Right or area: 33. Indigenous peoples

119.163. Further entrench in standard administrative procedures the right of indigenous peoples to be consulted, in accordance with ILO Convention 169 ( Netherlands );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 21

Supported 33 Indigenous peoples18 Right to participation in public affairs and right to vote26 Rights to protection of property; financial creditAffected persons:- general- indigenous

In the process of implementationPara. 63

119.164. Ensure the rights of indigenous peoples, in particular the rights to traditional lands, territories and resources, and their right to be consulted ( Norway );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 21

Supported 33 Indigenous peoples26 Rights to protection of property; financial creditAffected persons:- general- indigenous


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119.165. Conclude pending demarcation processes, in particular related to the Guaraní Kaiowá ( Norway );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 21



119.166. Continue promoting internal debates towards a better regulation of the consultation processes with indigenous peoples on issues that affect them directly ( Peru );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 21

Supported 33 Indigenous peoples18 Right to participation in public affairs and right to voteAffected persons:- general- indigenous

Fully implementedPara. 58 - 66

119.167. Ensure that indigenous peoples are able to defend their constitutional right to ancestral lands without discrimination and their prior, informed consent is sought in cases of projects that may affect their rights ( Slovakia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 21

Supported *

33 Indigenous peoples18 Right to participation in public affairs and right to vote26 Rights to protection of property; financial creditAffected persons:- general- indigenous


Comments: A/HRC/21/11/Add.1 states at para 22: In what concerns recommendation No. 119.167, the Federal Constitution provides that indigenous communities shall be listened, and that the Congress shall issue an authorization for the use of water resources, research and mining of mineral resources in indigenous lands. Moreover, the Convention 169 of the ILO, internalized in Brazil in 2004, provides for previous consultation of indigenous people. The Brazilian State, therefore, already acts accordingly with the recommendation.

Para. 58 - 66

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119.168. Pay more attention, at all administrative levels, to the rights of indigenous peoples, especially to ensure their land rights ( Poland );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 21



119.169. Ensure indigenous peoples adequate consultation as well as full participation in all legislative or administrative measures affecting them ( Germany );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 21

Supported 33 Indigenous peoplesAffected persons:- general- indigenous


Right or area: 36. Human rights defenders

119.79. Adopt a policy of taking an explicit and published decision on instituting a federal investigation and prosecution in all cases involving violence against human rights defenders ( Netherlands );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 14

Supported / Noted

36 Human rights defenders5.2 Institutions & policies - General16 Right to an effective remedy, impunityAffected persons:- human rights defenders- general


Comments: A/HRC/21/11/Add.1 states at para 14: Brazil partially supports recommendation No. 119.79. In 2004, the Federal Constitution was amended to allow the Attorney-General of the Republic (“Procurador-Geral da República”) to request the Supreme Federal Court, at any stage of the investigation or judicial proceeding, the transfer of cases involving serious human rights violations to the jurisdiction of the Federal Justice (art. 109, paragraph 5 of the Federal Constitution).

Para. 16 – 18

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119.80. Pass legislation, without undue delay, to confirm the official status of the National Programme for the Protection of Human Rights Defenders, and give priority to its wide implementation ( Norway );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 13

Supported 36 Human rights defenders5.1 Constitutional and legislative frameworkAffected persons:- human rights defenders


119.81. Ensure that the National Programme for the Protection of Human Rights Defenders be implemented in all states of the nation ( Spain );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 13

Supported 36 Human rights defenders5.2 Institutions & policies - GeneralAffected persons:- human rights defenders- general


119.82. Ensure the protection of human rights defenders, notably the leaders of indigenous communities fighting for their rights ( Switzerland );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 13

Supported 36 Human rights defenders13 Right to liberty and securityAffected persons:- human rights defenders- indigenous


119.84. Ensure adequate safeguards are in place to ensure protection of human rights defenders, including those working within indigenous communities ( United Kingdom );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 13

Supported 36 Human rights defenders13.1 Liberty and security - generalAffected persons:- human rights defenders- indigenous


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119.85. Increase funding to provide human rights advocates with adequate protection ( Australia );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 13

Supported 36 Human rights defenders13.1 Liberty and security - generalAffected persons:- human rights defenders- general


119.87. Respect the rights of Human Rights Defenders and protect them in their everyday struggle ( Poland );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 13

Supported 36 Human rights defenders13.1 Liberty and security - generalAffected persons:- human rights defenders


119.88. Intensify efforts for the security of human rights defenders and reinforce cooperation with all stakeholders, in particular, the states and military police ( Czech Republic );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 13

Supported 36 Human rights defenders13.1 Liberty and security - generalAffected persons:- human rights defenders


Right or area: 37. Right to development – general measures of implementation

119.1. Continue with the implementation of recommendations related to the ratification of human rights international instruments ( Burkina Faso );Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 9

Supported 37 Right to development - general measures of implementationAffected persons:- general


Right or area: 42. Follow-up to UPR

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119.42. Inform the Council about results achieved and lessons learnt in their mid-term UPR Report on the “Living Without Limits” plan (Hungary);Source of position: A/HRC/21/11 - Para. 119 & A/HRC/21/11/Add.1 - Para. 5

Supported 42 Follow-up to UPRAffected persons:- general


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