THE LUTHERAN WORLD FEDERATION

A COMMUNION OF CHURCHES – EINE KIRCHENGEMEINSCHAFT – UNA COMUNIÓN DE IGLESIAS – UNE COMMUNION D’ÉGLISES
L U T H E R I S C H E R W E LT B U N D – F E D E R A C I Ó N L U T E R A N A M U N D I A L – F É D É R AT I O N L U T H É R I E N N E M O N D I A L E

General Secretariat - Office for International Affairs and Human Rights

ECONOMIC, SOCIAL AND CULTURAL

RIGHTS IN BRAZIL
Examination by the UN Committee on Economic, Social and Cultural
Rights of the Initial Periodic Report of the State Party (Brazil) at its 42nd
session (4 - 22 May 2009, Geneva)
On 7 May 2009, the UN Committee on Economic, Social and Cultural Rights considered the
second periodic report of Brazil on the implementation of the International Covenant on
Economic, Social and Cultural Rights.

SUMMARY OF THE COMMITTEE’S CONCLUDING OBSERVATIONS

Violence faced by Human Rights Defenders

The Committee is deeply concerned about the culture of violence and impunity prevalent in
the State party.
In this regard, the Committee is concerned about reports that human rights defenders, are
threatened, harassed and subjected to violence, frequently by private militias commissioned by
private and public actors.
The Committee is also deeply concerned about the reports of the failure of the Brazilian
authorities to ensure the safety of human rights defenders and to prosecute those responsible
for committing such acts.

The Committee recommends that the State party:

I. take all necessary measures to combat the culture of violence and impunity
prevalent in the State party;
II. ensure the protection of human rights defenders against any violence, threats,
retaliation, pressure or any arbitrary action as a consequence of their activities;
III. improve its human rights training for law enforcement officials, especially police
officers, and ensure that all allegations of human rights violations are promptly and
thoroughly investigated by an independent body capable of prosecuting
perpetrators.

P.O. Box 2100, Route de Ferney 150,

CH-1211 Geneva 2, Switzerland
Tel +41/22-791 61 11, Direct +41/22-791 63 64
Fax +41/22-791 66 30, E-mail pnp@lutheranworld.org
Land reform

The Committee is concerned at the slow progress in the land reform process

The Committee recalls the recommendation made in its last concluding observations in
this regard and recommends that the State party expeditiously complete the process of
demarcation and allocation of indigenous land in accordance with the Constitution and
existing laws.

Inequalities between Black and White Populations

The Committee notes with concern that there remains a significant discrepancy between the
respective life expectancies of the black and white populations.
Furthermore, the Committee remains concerned at the significant difference in the poverty
levels of black and white population groups.

The Committee recommends that the State party addresses the problem through a
sharper focus on health and poverty eradication programmes for the former.

Illiteracy Rates

The Committee notes that illiteracy rates remain a problem in the State party and that
inequalities persist in literacy levels between the white and black populations. The Committee
is further concerned that the average illiteracy rate is significantly higher in rural areas in the
north of the State party.

The Committee urges the State party to strengthen remedial action to address the
problem of illiteracy, particularly in rural areas and in the Afro Brazilian community.

Situation of Women

The Committee is concerned that negative gender roles persist, including the representation of
women as sex objects and the traditional stereotypes of women in the family and in society,
and that these may render women more vulnerable to domestic and other forms of violence.

Moreover, although women in general have a higher educational level than men, they are still
under-represented in elected office, in administrative and managerial posts, are concentrated in
less remunerative and/or part-time employment and receive lower average pay and limited
social protection.

The Committee urges the State party to enforce its legislation on gender equality, and to
take all effective measures, including through the use of media and education, to
overcome the traditional stereotypes regarding the status of women in the public and
private spheres and to ensure, in practice, equality between men and women in all fields
of life.

Inhuman Working Conditions

The Committee notes with concern the large numbers of Brazilians employed under inhuman
and degrading conditions similar to slavery or subjected to forced labour and other
exploitative labour conditions, particularly in forest clearing, logging, and the harvesting of
sugarcane, and is concerned that the phenomenon of forced labour disproportionately affects
young men from low income families.

The Committee recommends that the State party:

take effective measures to end all forms of exploitative labour;

ensure that violations concerning prohibited labour practices, such as forced labour, are
stringently prosecuted;

provide, in its next periodic report, information on the steps taken to address exploitative
labour conditions, as well as the impact of such measures.

Situation of Union leaders and members

The Committee is concerned at reports of the murders of union leaders. In addition, the
Committee notes with concern that trade union leaders are frequently subjected to other
forms of harassment.

The Committee is also concerned at reports that membership of trade unions frequently results
in the blacklisting of trade union members and leaders.

The Committee recommends that the State party take adequate measures to ensure:

I. the protection of trade union members and leaders from all forms of harassment
and intimidation and thoroughly investigate reports alleging any form of
violence;

II. that employees participating in trade unions are not subjected to blacklisting.

Exclusion from social security

The Committee is concerned at the high proportion of the population excluded from any form
of social security, especially the high number of people employed in the informal economy. In
particular, the Committee is concerned that the majority of domestic workers are not eligible
for any social security benefits and that the provision for persons who have not been able to
contribute to the social security system is inadequate.

The Committee recommends that the State party:

I. strengthen its measures to provide social security coverage for the economically
disadvantaged populations, and that it be made available to persons who are unable
to contribute towards the system; and

II. to intensify its efforts to regularise the situation of workers in the informal economy
to enable them to benefit from a basic social protection package that may include
an old age pension, a maternity benefit and access to healthcare.

Family Grant Programme (Bolsa Familia)

The Committee is concerned that, despite its significant contribution to poverty

reduction, the Family Grant Programme (Bolsa Familia) is subject to certain limitations.

The Committee strongly recommends that the State party:

take all necessary measures to extend the Family Grant Programme to cover the large
number of families that do not receive the benefit;

improve the efficacy of the programme by reviewing targeting mechanisms to ensure

equal access for the poorest families, particularly indigenous families;

increase the rent benefit under the programme in order to enable recipients to enjoy
their basic rights to food and housing;

consider making the benefit universally available in order to ensure a guaranteed

minimum income, in particular for the most disadvantaged and marginalised persons
and families; and

Child Labour

The Committee is concerned that child labour continues to be widespread in the State party,

The Committee recommends that the State party:

intensify its efforts to combat child labour;

ensure that child labour is effectively prosecuted;

take measures to rehabilitate victims of child labour;

Housing and homelessness

The Committee notes with concern that more than 6 million people in the State party live
in precarious urban settlements, that significant migration inflows into urban areas have
exacerbated the housing shortage and that there is a large number of homeless people,
among them many street children, who are remain vulnerable to abuse, including sexual
abuse, and to other forms of exploitation.

The Committee is further concerned about the absence of adequate measures to provide
social housing for low-income families and disadvantaged and marginalised individuals
and groups.

The Committee recommends that the State party.

I. ensure adequate access to housing for low-income families, disadvantaged and

marginalized individuals and groups

II. improve the water and sanitation facilities of existing housing units;

take effective measures to address the root causes of the phenomenon of street children;

take effective and appropriate measures to ensure that street children have access to
education, shelter and healthcare;

address the sexual abuse and other exploitation of street children through the
prosecution of perpetrators of abuse and the reintegration of victims into society.

Deforestation

The Committee is deeply concerned that continued deforestation in the State party, albeit at a
slower pace, impacts negatively the enjoyment of economic, social and cultural rights under
the Covenant.

The Committee recommends that the State party take the necessary measures to combat
continued deforestation in order to ensure the effective enjoyment of economic, social
and cultural rights, especially by indigenous and vulnerable groups of people.

HIV/AIDS

The Committee is concerned that the growing number of HIV/AIDS cases registered
during the last decade constitutes a serious health problem.
The Committee notes with concern that although treatment with anti-retroviral drug
therapy is available for free in the State party, the prevalence of HIV/AIDS is still high.
In this regard, the Committee notes the higher prevalence of HIV/AIDS among
economically disadvantaged communities.

The Committee recommends that the State party strengthen measures to address the
special vulnerability of marginalised sections of society to HIV/AIDS.

Clandestine Abortions

The Committee notes with concern that clandestine abortions remain a major cause of
death among women.

The Committee requests the State party to undertake legislative and other measures,
including a review of its present legislation, to protect women from the effects of
clandestine and unsafe abortion and to ensure that women do not resort to such harmful
procedures.

Education

The Committee is concerned that 43% of children between 7 and 14 years of age do not
complete the eighth grade of basic education at the proper age.

The Committee is also concerned that there remain significant disparities in access to higher
education based on region, ethnic origin and gender

The Committee recommends that the State party:

I. conduct a study to establish the full range of factors which contribute to children
failing to complete primary school at the proper age;

II. draw up policies and implement strategies to improve the ratio of children
completing basic education at the proper age and of access to higher education by
disadvantaged groups.

***

The full text of the Committee’s concluding observations available from the LWF Office
of International Affairs & Human Rights on request, or online at:

http://www2.ohchr.org/english/bodies/cescr/docs/AdvanceVersions/E-C12-BRA-CO-2.doc

***
For further information please contact:

Patrik Sebastian Schmidt

Office for International Affairs & Human Rights
The Lutheran World Federation
P.O. Box 2100, Route de Ferney 150
CH-1211 Geneva 2, Switzerland
Tel +41 22 791 63 65
Fax +41 22 791 66 30
E-mail: psc@lutheranworld.org
www.lutheranworld.org