Committee on Economic, Social and Cultural Rights

List of issues in relation to the fifth periodic report of Paraguay *

1.The State Party is invited to submit in writing the information requested below (preferably not exceeding 10,700 words) by 30 November 2026.

A.General information

2.Please provide information on the extent to which judicial authority can be exercised over matters involving economic, social and cultural rights in the State Party, including specific examples of cases where its national courts have invoked or applied the Covenant. Please also provide information on the involvement of the legislative authorities in the steps taken in follow-up to the previous concluding observationsand in the preparation of the fifth periodic report.In addition, please provide information on the implementation and results of the “Guide to guaranteeing access to justice for all without distinction in Paraguay” and other measures referred to in paragraph 49 of the State Party’s report in respect of the invocation of the Covenant in judicial decisions.

3.Please indicate what measures have been taken to strengthen the independence of the Ombudsman’s Office and ensure that the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles) are observed. In particular, please describe what progress has been made towards giving effect to the recommendations made by the Global Alliance of National Human Rights Institutions in its report on its first session of 2024. Please also describe the results of the work that the Human Rights Network, a network overseen by the executive authorities, has done to respect, protect and ensure economic, social, and cultural rights.

4.Please provide information on the legislative and/or policy measures that have been taken, and their impact, to ensure that businesses exercise human rights due diligence in their operations, particularly concerning the rights enshrined in the Covenant. Please indicate whether any plans have been made to adopt a national action plan on business and human rights. Please also provide information on the action taken in follow-up to the recommendations made in the report of the Special Rapporteur on the human rights implications of the environmentally sound management and disposal of hazardous substances and wastes;in particular, please provide updated information on the ratification of the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) and on the measures that have been taken for the environmentally sound management and disposal of hazardous substances and wastes.

5.Please provide information on the climate change mitigation measures, including specific measures and their impact, that the State Party has taken to make the nationally determined contribution to reducing emissions that it set for itself under the Paris Agreement. Please also provide information on the progress made towards reducing greenhouse gas emissions per capita and on targets that the State Party has set for further reductions. With respect to policies and measures for adaptation to climate change, please indicate:

(a)How the State Party assesses the impact of climate change on the enjoyment of economic, social and cultural rights, particularly for marginalized and disadvantaged individuals and groups;

(b)Whether the State Party has developed or plans to develop a national adaptation plan, including the allocation of all required resources, to address the impact of climate change on, inter alia, economic, social and cultural rights;

(c)What measures have been taken to strengthen preparedness for and responses to natural disasters, reduce disaster risks and adopt a strategy to this end, including the allocation of the necessary financial resources;

(d)Which institutions are tasked with the development and implementation of climate change adaptation measures and policies for slow-onset effects in different areas, such as agriculture, housing and health, and how the institutions responsible for disaster preparedness and management coordinate their efforts.

B.Issues relating to the general provisions of the Covenant (arts. 1–5)

Right to freely dispose of natural wealth and resources (art. 1 (2))

6.In the light of the previous concluding observations and the State Party’s report, please provide information on the impact, results and status of implementation of the protocol on consultation processes and the procedure for obtaining the free, prior and informed consent of Indigenous Peoples in Paraguay (Decree No. 1039/2018). Please also describe how mechanisms for the effective participation of Indigenous Peoples in decision-making and consultations with Indigenous Peoples work in practice and what consultations are being held on the construction of the highway of the two oceans. In addition, please provide detailed information on the measures taken to ensure the legal recognition and protection of Indigenous Peoples’ right to freely dispose of their lands, territories and natural resources and to prevent Indigenous Peoples from being forcibly displaced from the lands and territories they occupy; please include updated information on the land acquired by the National Institute of Indigenous Affairs.

Maximum available resources (art. 2 (1))

7.Please provide information, covering the past 10 years, on changes to:

(a)The proportion of the population living below the nationally defined poverty line;

(b)Levels of inequality, as shown by indicators such as the proportion of people living on less than 50% of the median income, the ratio of the total income of the richest 10% of the population to the total income of the poorest 40% and the ratio of the assets owned by the richest 10% of the population to the assets owned by the poorest 50%;

(c)The percentage of public revenue that is accounted for by tax receipts;

(d)Tax rates levied on corporate profits and on personal income, the value added tax (VAT) rate (exclusive of VAT on some items, including luxury items) and the percentage of total revenue that is accounted for by personal income tax collected from the richest 10% of the population;

(e)Public expenditure as a percentage of gross domestic product and the percentage of total public expenditure accounted for by the public budget for social spending, including social security, food, water and sanitation, housing, health, education and culture;

(f)The State Party’s external debt situation and the trouble it has had managing it;

(g)The proportion of the public budget earmarked for defence;

Corruption (art. 2 (1))

8.Please provide information on the results of the legislative and institutional measures mentioned by the State Party with regard to preventing and combating corruption and addressing its root causes. Please also provide information on the measures that have been taken to provide effective protection to victims of corruption, their lawyers, anti-corruption activists, whistle-blowers and witnesses. In addition, please provide information on the measures that have been taken, and their impact, to strengthen the formal legal system, as well as on the formalization of parallel justice systems, including tribal and other justice systems, and on the impact of such measures on, for example, discrimination against women. Please likewise provide information on the cases filed with anti-corruption bodies in the past five years, in particular those brought against high-level officials; please indicate how many cases have been filed, investigated and prosecuted, what sentences the persons involved in corruption have been given and what protection whistle-blowers have been afforded.

Non-discrimination (art. 2 (2))

9.With reference to the previous concluding observations, please describe the steps that have been taken to adopt comprehensive anti-discrimination legislation. Please indicate how many discrimination cases have been brought before the national courts or any other relevant bodies in the past five years and describe in detail the types of discrimination each case involved, the penalties imposed on the persons responsible and the remedies provided to the victims.

10.Please describe the impact of the measures that, as mentioned in the State Party’s report, have been taken to reduce the disparities that affect the economic, social and cultural rights of marginalized and disadvantaged groups and individuals. Please provide information on the measures that have been taken to effectively prevent and address discrimination on the grounds of sexual orientation and gender identity, including those intended to enhance access to justice and raise awareness of the economic, social and cultural rights of lesbian, gay, bisexual, transgender and intersex persons among members of the public and State officials.

11.Please also describe what progress has been made towards the prevention of discrimination against Paraguayan nationals of African descent as a result of the adoption of the National Action Plan on Population and Development 2018–2019 and Act No. 6940 and the establishment of the National Council for People of African Descent.

Equal rights of men and women (art. 3)

12.Please provide:

(a)A description of the impact of the incorporation of a gender perspective in the fourth National Equality Plan and the programme “Gender Equality Seal for Public Institutions” on the substantive equality of rights of men and women, as well as the impact of all the gender equality initiatives mentioned in the State Party’s report;

(b)Information on the educational measures taken to eliminate stereotypes about the roles and responsibilities of women and men in the family and society;

(c)Up-to-date statistics on the representation of women, particularly Indigenous women and women of African descent, at all levels of the private and the public sectors;

(d)Measures adopted by the State Party to ensure that women, especially those at risk of intersectional discrimination and facing sector-specific risks, particularly in cases of gender-based violence, have access to justice. Please also provide information on the measures taken to guarantee that they are fully protected and enjoy their economic, social and cultural rights and to provide remedies such as access to housing, employment, education, job training, social security and health services, taking into account, as in the “Guide to guaranteeing access to justice for all without distinction in Paraguay” (see para. 2), a gender perspective;

(e)An account of the impact of the measures taken to address and monitor vertical and horizontal gender segregation in the State Party’s labour market;

(f)Detailed information on bills No. S-19920530 and No. S-221103431, which address gender pay gaps in the workplace.

C.Issues relating to the general provisions of the Covenant (arts. 6–15)

Right to work (art. 6)

13.With reference to the previous concluding observations, please provide up-to-date information on the measures taken by the State Party to combat unemployment and underemployment, as well as on the effects of those measures; please ensure that the information is broken down by sex, age, ethnic or national origin, disability, economic activity and geographic area (urban or rural), while also including additional information on the impact of the National Employment Plan 2022–2026 and strategies such as “Employ Equality”. Please provide the employment, unemployment and underemployment rates, broken down by gender, age, ethnic or national origin, economic sector, disability and geographic area (urban or rural), for the past five years.

14.Please provide up-to-date statistics, broken down by gender, age, ethnic or national origin, economic sector, disability, economic activity and geographic area (urban or rural), on the size of the informal economy in the State Party over the past five years and information on the impact of the measures mentioned in the preceding paragraph, the National Care Policy and other measures on the transition from the informal to the formal economy.

15.In view of the previous concluding observations, please provide information on the impact and results of the National Strategy for the Prevention of Forced Labour 2021–2024, the Tripartite Inter-Agency Guide to Intervention in Cases of Forced Labour, labour inspections and other measures that have been taken to prevent forced labour and ensure that it is punished as a crime, in particular with regard to Indigenous labourers and on farms, including ranching operations, in the Paraguayan Chaco. Please also provide information on the progress that has been made towards eradicating unpaid domestic child labour (criadazgo) and other forms of child labour that are among the worst such forms; please describe what progress has been made – by mentioning specific results and providing up-to-date statistical data – towards adopting planned legislative reforms, making criadazgo a criminal offence and effectively implementing public policies.

Right to just and favourable conditions of work (art. 7)

16.In the light of the previous concluding observations and the State Party’s report, please provide information on:

(a)What is done to set the minimum wage in such a way as to ensure that working people and their families can exercise their right to a decent standard of living; please include information on the mechanisms in place to ensure effective enforcement of the minimum wage;

(b)The general minimum wage as a percentage of the poverty line for the past five years;

(c)The impact on the gender pay gap of the measures that have been taken to ensure that the principle of equal pay for equal work is observed in the State Party.

17.In view of the previous concluding observations, please provide up-to-date data on the labour inspections conducted over the past five years, including information on the penalties imposed, the main labour law violations observed and the measures taken to address them. Please also describe the measures that have been taken, and the impact of those measures, to strengthen the labour inspection system of the Ministry of Labour, Employment and Social Security and ensure that the system has the financial, human and technical resources it needs to operate effectively. In addition, please describe the measures taken to ensure that female domestic workers have equal rights under the Labour Code.

18.Please provide information on the status of bills No. S-19920530 and No. S‑221103431, which seek to establish the principle of equal pay for men and women in the public and private sectors and ensure that it is observed. Please also provide information on the measures that have been taken to address the vulnerability of sex workers, including action to prevent and combat corruption and trafficking in persons, and to ensure that allegations of intimidation, violence and other related abuses are investigated promptly and impartially.

Trade union rights (art. 8)

19.Please provide information on how the State Party ensures, in law and in practice, that all workers can exercise their right to form and join trade unions; please include information on their right to strike without undue restrictions or fear of reprisals and on the potential impact on this right of Act No. 7363/24, under which non-profit organizations must comply with oversight, transparency and accountability requirements. Please also provide up-to-date statistics, broken down by sex, gender, age, ethnic or national origin, disability, income quintile and geographic area (urban or rural), on reports of violations of trade union rights. In addition, please describe the measures that have been taken, and their results, to investigate reported violations of trade union rights and to determine appropriate compensation for the workers affected by them.

Right to social security (art. 9)

20.Please provide up-to-date information on the status of the bill on the creation of unemployment insurance and on the social security reform mentioned in paragraph 105 of the State Party’s report. Please provide up-to-date statistical data, broken down by gender, age, disability status, economic sector (formal or informal) and geographic area (urban or rural), on the persons covered by a social security plan, including insurance for loss of income as a result of illness, disability, maternity, unemployment, workplace accidents, old age or the death of a family member, as well as protection from excessive healthcare costs or a lack of wherewithal.

21.Please provide information on the current financial situation of the Retirement and Pension Fund of the Ministry of Economic Affairs and Finance (Fiscal Fund) and the impact of its deficit on the sustainability of social spending. Please indicate what legislative and public policy measures have been adopted or are planned to ensure the sustainability, equity and universality of the public sector pension system, including by reviewing special systems and assessing their compatibility with the principle of equality and non-discrimination in access to social security.

22.Please provide information on the legislative and public policy measures that have been taken to improve the governance and sustainability of the social security system and to address coverage gaps affecting Indigenous Peoples, landless campesinos, rural women and workers in the informal economy. Please also describe the measures that have been taken to increase the number of workers enrolled in the official pension system and provide up‑to‑date statistical data, broken down by sex and other relevant criteria, including the number of female domestic workers enrolled in pension and social security plans.

Protection of the family and children (art. 10)

23.With regard to the Committee’s follow-up to its concluding observations, please provide information on the results of the National Strategy for the Eradication of Child Labour and the Protection of Adolescent Workers 2019–2024 and of the measures taken to address adolescent labour described in paragraph 115 of the State Party’s report. In this regard, please indicate how many inspections there have been in connection with child labour over the past five years, how many violations of child labour laws have been identified, what the nature of the violations was and what penalties have been imposed for employing children. Please also indicate how many children have been rescued from the worst forms of child labour and subsequently rehabilitated.

Right to an adequate standard of living (art. 11)

24.Please provide up-to-date information on the specific measures that have been taken, and their effects, to combat poverty among the most disadvantaged and marginalized social groups, particularly Indigenous Peoples and people living in rural areas. Please update and describe in greater detail the figures, broken down by age, sex, gender, disability, ethnic (including Indigenous) or national origin and area of residence (rural or urban) that have been submitted regarding multidimensional poverty rates. Please provide information, broken down by age, sex, gender, disability, ethnic (including Indigenous) or national origin and area of residence (rural or urban) on the measures that, informed by the national food and malnutrition survey, have been taken to assess malnutrition and food insecurity in the State Party.

25.Please provide information on the results of the initiatives outlined in the State Party’s report (paras. 146–148) that have been undertaken to ensure that all persons have access to adequate and affordable housing and to drinking water and sanitation services, especially in rural areas, by updating and providing detailed data, broken down by age, sex, gender, disability, ethnic (including Indigenous) or national origin and area of residence (rural or urban) on the population’s enjoyment of the right to these goods and services. Please also provide information on the measures that have been taken to ensure that both State and private actors refrain from proceeding with forced evictions incompatible with the Covenant, as well as the steps taken to provide alternative housing and/or appropriate compensation. Please include data, broken down by age, sex, gender, disability, ethnic or national origin and area of residence (rural or urban), on the forced evictions that have taken place in the past five years, the households that have been affected and the compensation or alternative housing that has been provided.

Right to physical and mental health (art. 12)

26.Please provide up-to-date statistical data, broken down by age, sex, gender, disability, ethnic (including Indigenous) or national origin and area of residence (rural or urban) on the availability and accessibility of high-quality healthcare services in the State Party. Please also provide information on:

(a)Infant mortality, under-5 mortality and maternal mortality, broken down by age, disability, ethnic or national origin and area of residence (rural or urban);

(b)The national immunization schedule for children, including immunization rates for the past five years;

(c)The number of healthcare professionals per capita, including gynaecologists and obstetricians, and the number of primary healthcare facilities per capita, broken down by geographical area (urban and remote/rural);

(d)The impact of the National Mental Health Policy on the accessibility and availability of mental health services in all parts of the country;

(e)The impact of the measures taken to increase the availability and accessibility of sexual and reproductive health programmes and services, particularly comprehensive sex education, prenatal and postnatal care and voluntary termination of pregnancy, including in rural and remote areas and in particular for girls and adolescents and Indigenous girls, adolescents and women;

(f)The measures that have been taken, and their effects, to incorporate sexual and reproductive health issues into school curricula and the impact of Decision No. 29664, under which the dissemination of material on gender ideology in educational institutions is prohibited, on the right to sexual and reproductive health.

Right to education (arts. 13 and 14)

27.Please provide up-to-date statistical data, broken down by sex, gender, disability, ethnic or national origin, area of residence (rural or urban) and socioeconomic status, on enrolment, completion and dropout rates at all levels of education, including access to education for young people in rural areas. Please also provide information on the results of the measures mentioned in paragraphs 202–208 of the State Party’s report, which are designed to encourage enrolling and staying in school. In addition, please provide information on the measures that have been taken to improve the quality of the schools and their facilities, particularly in rural areas, ensuring that all schools have access to water and sanitation facilities. Please provide information on the measures that have been taken to prevent harassment of and discrimination against students on the basis of their ethnicity, sexual orientation, gender identity or any other social characteristic.

Cultural rights (art. 15)

28.In view of the previous concluding observations, please provide information on the strategies and legislation adopted to promote the use of the official language, Guarani, and the measures taken to preserve cultural diversity in that context. In this respect, please provide information on the results of the measures outlined in paragraphs 210–218 of the State Party’s report, which are designed to protect cultural diversity and preserve and promote the languages, culture and cultural heritage of Indigenous Peoples and communities of Paraguayan nationals of African descent.

29.Please also indicate what measures have been taken to ensure that everyone has the right to enjoy the benefits of scientific progress and its applications, in particular with regard to equitable access to scientific education, research and innovation. In this context, please provide specific information, including up-to-date and disaggregated statistical data, on the participation, retention and advancement of women and girls in the fields of science, technology, engineering and mathematics, as well as on the policies implemented to eliminate gender stereotypes, structural barriers and other forms of discrimination that limit their access to and professional development in these fields.