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C.
Principal subjects of concern and recommendations
4.
The Committee is concerned that the State party interprets articles 4 and 20 of its
Constitution in a manner that is inconsistent with its obligations emanating from the
Covenant, including with regard to the issues covered in paragraphs 7, 9, 12 and 18 of the
present concluding observations .
The Committee recommends that the State party ensure that all the obligations of the
Covenant are fully respected under all circumstances and that Constitutional
provisions, in particular articles 4 and 20, are applied in a manner consistent with the
provisions of the Covenant. The Committee draws the attention of the State party to
its general comments No. 3 (1990) on the nature of States parties’ obligations and
No. 9 (1998) on the domestic application of the Covenant, and refers to the duty of
States parties, regardless of their political, economic and cultural systems, to promote
and protect all human rights and fundamental freedoms.
5.
The Committee is concerned that the State party has not yet established an
independent national human rights institution, in accordance with the principles relating to
the status of national institutions for the promotion and protection of human rights (Paris
Principles).
The Committee recommends that the State party take steps to establish an
independent national human rights institution with a broad human rights mandate,
including for economic, social and cultural rights, in line with the Paris Principles,
and provide it with adequate human and financial resources.
6.
The Committee is concerned that the State party discriminates against religious
communities other than those belonging to Islam, Christianity, Judaism and Zoroastrianism,
which seriously and negatively affects the people’s enjoyment of economic, social and
cultural rights.
The Committee urges that the State party take steps to ensure that people with beliefs
other than the religions recognized by the State party can fully enjoy all aspects of
economic, social and cultural rights, without any discrimination.
7.
The Committee is concerned that consensual same-sex sexual activity is
criminalized and that convicted persons may even receive the death penalty. It is also
concerned that members of the lesbian, gay, bisexual, and transgender community face
discrimination with respect to access to employment, housing, education and health care, as
well as social stigma and marginalization (art. 2).
The Committee recommends that the State party repeal or amend all legislation that
results or could result in discrimination, prosecution and punishment of people
because of their sexual orientation or gender identity. The Committee recommends
that the State party take steps to combat and prevent discrimination and societal
stigma against members of the lesbian, gay, bisexual and transgender community, and
ensure their enjoyment of all the rights enshrined in the Covenant, including
unhindered access to employment, social services, health care and education, in line
with article 2, paragraph 2, of the Covenant and the Committee’s general comment
No. 20 (2009) on non-discrimination in economic, social and cultural rights .
8.
The Committee is concerned that members of the Baha’i community face
widespread and entrenched discrimination, including denial of access to employment in the
public sector and institutions of higher education, as well as to benefits of the pension
system (art. 2).
The Committee recommends that the State party take steps to ensure that members of
the Baha’i community are protected against discrimination and exclusion in every
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