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Universal Periodic Review Universal Periodic Review Mid-Term Report 3rd Cycle Brazil – 2019 FEDERATIVE REPUBLIC OF BRAZIL MINISTRY OF WOMEN, FAMILY, AND HUMAN RIGHTS UNIVERSAL PERIODIC REVIEW MID-TERM REPORT 3RD CYCLE Brazil – 2019 TABLE OF CONTENTS 1. INTRODUCTION .................................................................................................................... 4 2. METHODOLOGY ................................................................................................................... 6 3. INTERNATIONAL HUMAN RIGHTS INSTRUMENTS .............................................................. 8 4. GENERAL RECOMMENDATIONS ON HUMAN RIGHTS ...................................................... 11 5. NATIONAL HUMAN RIGHTS INSTITUTIONS ...................................................................... 21 6. POVERTY REDUCTION AND SOCIAL DEVELOPMENT ....................................................... 24 7. RACIAL EQUALITY ............................................................................................................. 44 8. INDIGENOUS POPULATIONS ............................................................................................... 53 9. POLICIES FOR WOMEN ...................................................................................................... 67 10. PROMOTION AND PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES ....... 86 11. PROMOTION AND PROTECTION OF THE RIGHTS OF CHILDREN AND ADOLESCENTS .... 89 12. LGBT RIGHTS .................................................................................................................. 108 13. MIGRANTS, REFUGEES, AND FIGHT AGAINST HUMAN TRAFFICKING ............................. 110 14. HUMAN RIGHTS DEFENDERS .......................................................................................... 119 15. BUSINESS AND HUMAN RIGHTS ....................................................................................... 125 16. HUMAN RIGHTS EDUCATION .......................................................................................... 134 17. PUBLIC SECURITY ............................................................................................................ 138 18. PREVENTION AND FIGHT AGAINST TORTURE ................................................................ 159 19. JUSTICE SYSTEM .............................................................................................................. 166 20. ABOLITION OF SLAVERY .................................................................................................. 170 21. RIGHT TO HEALTH............................................................................................................ 180 22. RIGHT TO PROPER HOUSING........................................................................................... 202 23. RIGHT TO EDUCATION ..................................................................................................... 206 24. ANNEX I ............................................................................................................................ 208 1. INTRODUCTION 1. Brazil considers the Universal Periodic Review (UPR) an important mechanism for monitoring the situation of human rights in all states parties to the international human rights system since 2006, upon creation of the United Nations’ Human Rights Council. The principles of equality between nations, sovereignty, and, above all, lack of selectivity in addressing issues related to human rights in several countries represent significant milestones, which Brazil has supported since the inception of such mechanism. 2. What makes the UPR so valuable for countries in general, and for Brazil in particular, is the possibility of performing a self-assessment of the human rights situation together with one´s peers. The Brazilian Government is committed to overcoming the main challenges and obstacles to protect and promote human rights for its citizens. Since the UPR is an inter-governmental mechanism, the Government’s effort to look at its own situation is critical, with the valuable help of countries in different stages of development and understanding, which is very different from an expert panel with formulas ready to be applied. 3. Brazil committed to submit, on a voluntary basis, this mid-term report, in response for the recommendations received at the 27th session of the Human Rights Council, in May 2017, as part of the third cycle of the mechanism, currently underway. The Brazilian Government also undertook to submit this report as part of its voluntary commitments of its candidacy for reelection to the Human Rights Council (2020-2022), further reinforcing the role of this monitoring tool in the international human rights system. As in previous cycles of the UPR, Brazil has sought to raise awareness about the importance of the mechanism, not only by governmental bodies, but also – and especially – the civil society, which has embraced the normative framework and the routines of the mechanism, in a way it can actually become a beacon for monitoring of the human rights situation in the country. 4. The coordinating effort to compile information related to the UPR is within the mandate of the Ministry of Women, Family, and Human Rights. It currently has a Coordination Office dedicated to the preparation of reports, within the structure of the Special Office for International Affairs. Its task is also to address the list of information provided in the international human rights system, in equivalence with the UN’s classification of a National Mechanisms for Reporting and Follow-up (NMRF). In the previous reviews, such competences belonged to governmental bodies, which merged into the current Ministry of Women, Family, and Human Rights, leaving a legacy of inter- institutional coordination, which surpasses any one government administration, encompassing the perspective of the Brazilian State regarding its international human rights commitments. This perception was clear at the commitment of the sectoral agencies responsible for the several public policies, as well as the other branches (Legislative and Judiciary branches), whenever they were required to participate in discussions regarding the UPR. Therefore, it is crucial to emphasize the importance of this report as a result of the Brazilian Government’s commitment towards its current international obligations undertaken with respect to human rights. 5. For the third cycle, Brazil received 246 recommendations and accepted 242. Since then, the Government has been monitoring these recommendations within the scope of national public policies to ensure, first, that the recommendations reach the policy implementation bodies and, more broadly, that they affect the formulation of new measures directed to the population, aiming for full implementation of human rights. 6. Intense social participation is another aspect that deserves attention, as the Brazilian civil society has been heavily involved with the monitoring of the UPR since the first cycle and has been increasing its participation every year. The UPR reports are submitted to public consultations and hearings and provide a wide debate on society’s most sensitive issues. Additionally, the National Human Rights Council has a Permanent Commission on Monitoring of and Actions for Implementation of International Human Rights Obligations, which systematically monitors such obligations, including UPR recommendations. In this regard, the Coordination Office for International Human Rights Reporting was invited to attend the 6th, 7th, and 8th meetings of the Commission to engage in the discussion with the civil society organizations represented therein regarding working methods to better monitor UPR recommendations. 7. This mid-term report refers to the period between September 2017 and August 2019 and provides an overview on the supervision and monitoring of the implementation of the 242 recommendations submitted to Brazil in the third cycle of the review. 2. METHODOLOGY 8. Many of the merits of the UPR rely on the inherent participative discussion and inclusive methodology. In view of the self-assessment performed by the Government through the analysis of recommendations received, the structure of this report by itself already represents an effort to understand the most significant movements and tendencies related to the human rights situation in the country. 9. The first effort, therefore, is to identify the partner bodies for implementation of the recommendations received. Out of the 242 recommendations, 150 are under the mandate of the Ministry of Women, Family, and Human Rights, which occupies a position of prominence in the public administration, not only regarding mandate over the coordination and preparation of the report, but also with respect to the actions to be taken for its effective compliance. For this reason, the first measure was to establish an internal working group in the Ministry, formed by representatives from all thematic Offices, in order to follow up on and monitor the recommendations of the UPR. The group was created through Ordinance No. 177 of the Ministry of Women, Family, and Human Rights (MDH) of March 28, 2018. In May 2018, it delivered the Preliminary Report of Monitoring and Supervision of the Implementation of the Recommendations of the Universal Periodic Review, a 70-page document divided into sections according to each Ministry Office at that time. 10. In addition to preparing its own report, the Ministry of Women, Family, and Human Rights coordinated a
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