UPR Sexual Rights Database

National Report:
Para 21) The adoption of a law prohibiting all forms of discrimination is a pending challenge, but by constitutional mandate (art. 46), action is being taken to remove obstacles and to address the causes of discrimination – discrimination against members of the lesbian, gay, transgender, bisexual and intersex community population is an issue being discussed by both politicians and members of the public at large.
Para 24) Progress was made in the protection of the rights of members of the lesbian, gay, bisexual, transgender, and intersex community in specific areas. Decision No. 695/16 makes it possible for transgender persons to use, in health-care matters, the names by which they wish to be known. Under decision No. 744/15, the Ministry of Justice adopted the protocol for the care of transgender persons deprived of their liberty and will set up a prison wing for such persons alone. The Public Defence Service approved a protocol, for use at all its offices, on assistance to members of the lesbian, gay, bisexual, transgender and intersex community.
Para 25) As a source of data for public policies against discrimination, the variable “lesbian, gay, bisexual, transgender and intersex” was included in complaints recorded in the police information system known as Marandú. An update to the Brasilia Regulations Regarding Access to Justice for Vulnerable People, currently being considered by the Supreme Court, considers sexual orientation and gender identity grounds for vulnerability. The Court, in accordance with article 25 of the Constitution, on the free expression of a person’s identity and image, recently authorized the transgender lawyer Kimberly Ayala to take the lawyer’s oath as she currently appears.
Para 26) To encourage public policies for the promotion and protection of the rights of members of the lesbian, gay, bisexual, transgender and intersex community, Paraguay participates in meetings of the Permanent Lesbian, Gay, Bisexual, Transgender and Intersex Commission of the Meeting of High-level Authorities on Human Rights of the Southern Common Market.

UN Compilation:
Para 12) Three Committees, the Special Rapporteur on disability and the United Nations country team were concerned about the lack of a comprehensive anti-discrimination legal framework and the persistent discrimination suffered by … lesbian, gay, bisexual, transgender and intersex persons, …
Para 14) The United Nations country team noted that, in a historic 2019 judgment, a person had been convicted of femicide in the death of a trans woman. However, discrimination on grounds of sexual orientation and gender identity or expression remained pervasive in the practice of public institutions.
Para 20) … [HR Committee] was also concerned about the reportedly high number of deaths among persons deprived of their liberty and about the vulnerable situation of women and lesbian, gay, bisexual, transgender and intersex persons, and especially transgender persons, who were deprived of their liberty.

Stakeholder Summary:
Para 12) JS9 noted that there was structural discrimination against … lesbian, gay, bisexual, transgender and intersex persons.
Para 13) JS9 stated that discrimination and violence against lesbian, bisexual, transgender and transvestite persons had increased during the coronavirus disease (COVID-19) pandemic, that no measures had been taken to eradicate discrimination based on sexual orientation, gender identity and gender expression and that many complaints had yet to be investigated.
Para 14) Several submissions noted that various municipalities and both chambers of the Congress had declared themselves “pro-life/pro-family” in 2018 and 2019. 30 Several submissions reported that in 2019, there had been attacks on lesbian, gay, bisexual, transgender and intersex activists after the municipal government of Hernandarias had issued two decisions describing a march led by such activists as contrary to “public morals”.
Para 38) Several submissions were concerned about growing hostility, stigmatisation and criminalisation against journalists and human rights defenders (HRD). … Several submissions expressed concern about … LGBTQI+ … human rights defenders.
Para 68) … JS7 noted that education of LGTBIQ population was conditioned to the denial of their identity.
Para 70) … JS9 added that church representatives provided faith-based sex education in public schools and incited discrimination on the basis of sexual orientation and gender identity.
Para 74) Two submissions reported that Act No. 5777/16 on the Comprehensive Protection of Women from All Forms of Violence established femicide as a criminal offence; however, the fact that the Act contained no reference to gender was detrimental to transgender and lesbian women and could lead to it being applied in a discriminatory way.

National Report:
Para 167) Act No. 5777/16 on the Comprehensive Protection of Women from All Forms of Violence was adopted. The Act provides for prevention, care, protection, punishment and comprehensive reparation in the public and private spheres, covers various forms of violence – sexual, physical, psychological, remote, economic, political and workplace violence – and establishes penalties of 10 to 30 years’ imprisonment for femicide. The regulations implementing the Act were adopted under Decree No. 6973/2017.
Para 181) The Ministry for Women and the Judicial Secretariat for Gender Issues are working on a draft bill that would create courts and tribunals specializing in violence against women.

National Report:
Para 133) The Family Planning Programme, designed to reduce maternal, fetal and neonatal mortality, and the Plan for the Accelerated Reduction of Maternal, Fetal and Neonatal Mortality, which has an implementation committee that in 2020 presented the Plan’s lines of action and indicators, have been launched pursuant to article 61 of the Constitution. The aim of the National Sexual and Reproductive Health Plan 2019–2023 is to ensure universal access, without discrimination, to sexual and reproductive health.
Para 137) The curriculum of the Ministry of Education and the Sciences provides for sex education at different educational levels and at educational institutions of different kinds, while respecting the psychological development of students and the domestic legal framework.

UN Compilation:
Para 39) CEDAW was concerned about the high rates of maternal mortality, mainly owing to unsafe abortions and health professionals refusing to conduct therapeutic abortions. The HR Committee expressed similar concerns.
Para 40) Two Committees and the Special Rapporteur on health noted that the legislation on voluntary termination of pregnancy was extremely restrictive.
Para 45) … The absence of comprehensive sex education in the formal system remained a shortcoming repeatedly pointed out by the authorities.
Para 56) The CEDAW, while welcoming the adoption of a national adolescent health plan covering the period 2016–2021, was concerned at the negative effect on the development of adolescents, specifically on their physical and mental health, their education and their future opportunities for decent work, of the high pregnancy rates among girls aged 10–19 years and the high rates of sexual violence against adolescent girls. The United Nations country team reported that the pregnancy rate among girls aged 10–19 years remained worrying, as did the high maternal mortality rate among 15- to 19-year-olds.

Stakeholder Summary:
Para 60) ADF International stated that maternal mortality remained a pressing concern.
Para 61) Several submissions informed about the alarming number of girls and adolescent pregnancies. JS18 reported that indigenous girls and adolescents were the most vulnerable.
Para 70) JS9 was concerned that the lack of comprehensive sex education had resulted in high rates of sexual abuse, early sexual initiation and early pregnancy. JS9 added that church representatives provided faith-based sex education in public schools and incited discrimination on the basis of sexual orientation and gender identity. Two submissions mentioned that the Ministry of Education and Science had suspended the implementation of the comprehensive sex education teaching framework and had adopted an anti-gender stance through its decisions No. 29664/17 and No. 1761/19.