1) THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
A) CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN................................................................................................................................. 2 OPTIONAL PROTOCOL TO THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN .........................................................................................13
B) GENERAL RECOMMENDATIONS OF THE COMMITTEE ON THE ELIMINATION OF
DISCRIMINATION AGAINST WOMEN ...........................................................................................18
C) CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE ELIMINATION OF
DISCRIMINATION AGAINST WOMEN ...........................................................................................45
A) THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
Through the Women’s Convention, States Parties express their determination to undertake measures required for the elimination of discrimination against women in all its forms and manifestations. The Convention broadly prohibits discrimination against women and requires full equality between women and men. The Women’s Convention also has an Optional Protocol, which establishes procedures for complaints and inquiries. Article 1 defines discrimination against women as any distinction, exclusion, or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. The rights under this Convention which are particularly relevant to reproductive and sexual health include, but are not limited to: Articles 11(1)(f), 12, 14(2)(b) – equal rights with regard to health Articles 10(e), 14(b) and 16(e) – equal right to receive and impart information Articles 10, 14(2)(d) – equal right to education Article 16 – equal rights to marry and found a family Article 16 – equal rights to private and family life Articles 1, 2, 3, 4, 5 – right to non-discrimination on the ground of sex and gender
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
Adopted and opened for signature, ratification and accession by General Assembly resolution 34/180 of 18 December 1979 entry into force 3 September 1981, in accordance with Article 27(1) The States Parties to the present Convention, Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women, Noting that the Universal Declaration of Human Rights affirms the principle of the inadmissibility of discrimination and proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex, Noting that the States Parties to the International Covenants on Human Rights have the obligation to ensure the equal rights of men and women to enjoy all economic, social, cultural, civil and political rights, Considering the international conventions concluded under the auspices of the United Nations and the specialized agencies promoting equality of rights of men and women, Noting also the resolutions, declarations and recommendations adopted by the United Nations and the specialized agencies promoting equality of rights of men and women, Concerned, however, that despite these various instruments extensive discrimination against women continues to exist, Recalling that discrimination against women violates the principles of equality of rights and respect for human dignity, is an obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life of their countries, hampers the growth of the prosperity of society and the family and makes more difficult the full development of the potentialities of women in the service of their countries and of humanity, Concerned that in situations of poverty women have the least access to food, health, education, training and opportunities for employment and other needs, Convinced that the establishment of the new international economic order based on equity and justice will contribute significantly towards the promotion of equality between men and women, Emphasizing that the eradication of apartheid, all forms of racism, racial discrimination, colonialism, neo-colonialism, aggression, foreign occupation and domination and interference in the internal affairs of States is essential to the full enjoyment of the rights of men and women, Affirming that the strengthening of international peace and security, the relaxation of international tension, mutual co-operation among all States irrespective of their social and economic systems, general and complete disarmament, in particular nuclear disarmament under strict and effective international control, the affirmation of the principles of justice, equality and mutual benefit in relations among countries and the realization of the right of peoples under alien and colonial domination and foreign occupation to self-determination and independence, as well as respect for national sovereignty and territorial integrity, will promote social progress and development and as a consequence will contribute to the attainment of full equality between men and women,
Convinced that the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields, Bearing in mind the great contribution of women to the welfare of the family and to the development of society, so far not fully recognized, the social significance of maternity and the role of both parents in the family and in the upbringing of children, and aware that the role of women in procreation should not be a basis for discrimination but that the upbringing of children requires a sharing of responsibility between men and women and society as a whole, Aware that a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality between men and women, Determined to implement the principles set forth in the Declaration on the Elimination of Discrimination against Women and, for that purpose, to adopt the measures required for the elimination of such discrimination in all its forms and manifestations, Have agreed on the following: PART I Article 1 For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. Article 2 States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: (a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle; (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women; (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination; (d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation; (e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise; (f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women; (g) To repeal all national penal provisions which constitute discrimination against women. Article 3 States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to en sure the full development and
advancement of women , for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men. Article 4 1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved. 2. Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory. Article 5 States Parties shall take all appropriate measures: (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women; (b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases. Article 6 States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women. PART II Article 7 States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: (a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies; (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government; (c) To participate in non-governmental organizations and associations concerned with the public and political life of the country. Article 8 States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations. Article 9 1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.
2. States Parties shall grant women equal rights with men with respect to the nationality of their children. PART III Article 10 States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women: (a) The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training; (b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality; (c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods; (d ) The same opportunities to benefit from scholarships and other study grants; (e) The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particulary those aimed at reducing, at the earliest possible time, any gap in education existing between men and women; (f) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely; (g) The same Opportunities to participate actively in sports and physical education; (h) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning. Article 11 1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to work as an inalienable right of all human beings; (b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment; (c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training; (d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work;
(e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave; (f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction. 2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures: (a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status; (b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances; (c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities; (d) To provide special protection to women during pregnancy in types of work proved to be harmful to them. 3. Protective legislation relating to matters covered in this Article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary. Article 12 1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning. 2. Notwithstanding the provisions of paragraph I of this Article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation. Article 13 States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to family benefits; (b) The right to bank loans, mortgages and other forms of financial credit; (c) The right to participate in recreational activities, sports and all aspects of cultural life. Article 14 1. States Parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural areas.
2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels; (b) To have access to adequate health care facilities, including information, counselling and services in family planning; (c) To benefit directly from social security programmes; (d) To obtain all types of training and education, formal and non-formal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency; (e) To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or self employment; (f) To participate in all community activities; (g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes; (h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications. PART IV Article 15 1. States Parties shall accord to women equality with men before the law. 2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals. 3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void. 4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile. Article 16 1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (a) The same right to enter into marriage; (b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent; (c) The same rights and responsibilities during marriage and at its dissolution; (d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;
(e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights; (f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount; (g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation; (h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration. 2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory. PART V Article 17 1. For the purpose of considering the progress made in the implementation of the present Convention, there shall be established a Committee on the Elimination of Discrimination against Women (hereinafter referred to as the Committee) consisting, at the time of entry into force of the Convention, of eighteen and, after ratification of or accession to the Convention by the thirty-fifth State Party, of twenty-three experts of high moral standing and competence in the field covered by the Convention. The experts shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution and to the representation of the different forms of civilization as well as the principal legal systems. 2. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals. 3. The initial election shall be held six months after the date of the entry into force of the present Convention. At least three months before the date of each election the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties. 4. Elections of the members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting. 5. The members of the Committee shall be elected for a term of four years. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these nine members shall be chosen by lot by the Chairman of the Committee. 6. The election of the five additional members of the Committee shall be held in accordance with the provisions of paragraphs 2, 3 and 4 of this Article, following the thirty-fifth ratification or accession. The terms of two of the additional members elected on this occasion shall expire at the
end of two years, the names of these two members having been chosen by lot by the Chairman of the Committee. 7. For the filling of casual vacancies, the State Party whose expert has ceased to function as a member of the Committee shall appoint another expert from among its nationals, subject to the approval of the Committee. 8. The members of the Committee shall, with the approval of the General Assembly, receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide, having regard to the importance of the Committee's responsibilities. 9. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention. Article 18 1. States Parties undertake to submit to the Secretary-General of the United Nations, for consideration by the Committee, a report on the legislative, judicial, administrative or other measures which they have adopted to give effect to the provisions of the present Convention and on the progress made in this respect: (a) Within one year after the entry into force for the State concerned; (b) Thereafter at least every four years and further whenever the Committee so requests. 2. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under the present Convention. Article 19 1. The Committee shall adopt its own rules of procedure. 2. The Committee shall elect its officers for a term of two years. Article 20 1. The Committee shall normally meet for a period of not more than two weeks annually in order to consider the reports submitted in accordance with Article 18 of the present Convention. 2. The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Committee. Article 21 1. The Committee shall, through the Economic and Social Council, report annually to the General Assembly of the United Nations on its activities and may make suggestions and general recommendations based on the examination of reports and information received from the States Parties. Such suggestions and general recommendations shall be included in the report of the Committee together with comments, if any, from States Parties. 2. The Secretary-General of the United Nations shall transmit the reports of the Committee to the Commission on the Status of Women for its information. Article 22 The specialized agencies shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their activities. The Committee may invite the specialized agencies to submit reports on the implementation of the Convention in areas falling within the scope of their activities.
PART VI Article 23 Nothing in the present Convention shall affect any provisions that are more conducive to the achievement of equality between men and women which may be contained: (a) In the legislation of a State Party; or (b) In any other international convention, treaty or agreement in force for that State. Article 24 States Parties undertake to adopt all necessary measures at the national level aimed at achieving the full realization of the rights recognized in the present Convention. Article 25 1. The present Convention shall be open for signature by all States. 2. The Secretary-General of the United Nations is designated as the depositary of the present Convention. 3. The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations. 4. The present Convention shall be open to accession by all States. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. Article 26 1. A request for the revision of the present Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary-General of the United Nations. 2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such a request. Article 27 1. The present Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. 2. For each State ratifying the present Convention or acceding to it after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or accession. Article 28 1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession. 2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted. 3. Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-General of the United Nations, who shall then inform all States thereof. Such notification shall take effect on the date on which it is received. Article 29 1. Any dispute between two or more States Parties concerning the interpretation or application of the present Convention which is not settled by negotiation shall, at the request of one of them, be
submitted to arbitration. If within six months from the date of the request for arbitration the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court. 2. Each State Party may at the time of signature or ratification of the present Convention or accession thereto declare that it does not consider itself bound by paragraph I of this Article. The other States Parties shall not be bound by that paragraph with respect to any State Party which has made such a reservation. 3. Any State Party which has made a reservation in accordance with paragraph 2 of this Article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations. Article 30 The present Convention, the Arabic, Chinese, English, French, Russian and Spanish texts of which are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF the undersigned, duly authorized, have signed the present Convention.
OPTIONAL PROTOCOL TO THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
Adopted by General Assembly resolution A/54/4 on 6 October 1999 and opened for signature on 10 December 1999, Human Rights Day entry into force 22 December 2000
The States Parties to the present Protocol,
Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women, Also noting that the Universal Declaration of Human Rights Resolution 217 A (III). proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex, Recalling that the International Covenants on Human Rights Resolution 2200 A (XXI), annex. and other international human rights instruments prohibit discrimination on the basis of sex, Also recalling the Convention on the Elimination of All Forms of Discrimination against Women4 (“the Convention”), in which the States Parties thereto condemn discrimination against women in all its forms and agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women, Reaffirming their determination to ensure the full and equal enjoyment by women of all human rights and fundamental freedoms and to take effective action to prevent violations of these rights and freedoms, Have agreed as follows:
Article 1
A State Party to the present Protocol (“State Party”) recognizes the competence of the Committee on the Elimination of Discrimination against Women (“the Committee”) to receive and consider communications submitted in accordance with article 2.
Article 2
Communications may be submitted by or on behalf of individuals or groups of individuals, under the jurisdiction of a State Party, claiming to be victims of a violation of any of the rights set forth in the Convention by that State Party. Where a communication is submitted on behalf of individuals or groups of individuals, this shall be with their consent unless the author can justify acting on their behalf without such consent.
Article 3
Communications shall be in writing and shall not be anonymous. No communication shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol.
Article 4
1. The Committee shall not consider a communication unless it has ascertained that all available domestic remedies have been exhausted unless the application of such remedies is unreasonably prolonged or unlikely to bring effective relief. 2. The Committee shall declare a communication inadmissible where: (a) The same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement; (b) It is incompatible with the provisions of the Convention; (c) It is manifestly ill-founded or not sufficiently substantiated; (d) It is an abuse of the right to submit a communication; (e) The facts that are the subject of the communication occurred prior to the entry into force of the present Protocol for the State Party concerned unless those facts continued after that date.
Article 5
1. At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State Party concerned for its urgent consideration a request that the State Party take such interim measures as may be necessary to avoid possible irreparable damage to the victim or victims of the alleged violation. 2. Where the Committee exercises its discretion under paragraph 1 of the present article, this does not imply a determination on admissibility or on the merits of the communication.
Article 6
1. Unless the Committee considers a communication inadmissible without reference to the State Party concerned, and provided that the individual or individuals consent to the disclosure of their identity to that State Party, the Committee shall bring any communication submitted to it under the present Protocol confidentially to the attention of the State Party concerned. 2. Within six months, the receiving State Party shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been provided by that State Party.
Article 7
1. The Committee shall consider communications received under the present Protocol in the light of all information made available to it by or on behalf of individuals or groups of individuals and by the State Party concerned, provided that this information is transmitted to the parties concerned. 2. The Committee shall hold closed meetings when examining communications under the present Protocol. 3. After examining a communication, the Committee shall transmit its views on the communication, together with its recommendations, if any, to the parties concerned. 4. The State Party shall give due consideration to the views of the Committee, together with its recommendations, if any, and shall submit to the Committee, within six months, a written response, including information on any action taken in the light of the views and recommendations of the Committee.
5. The Committee may invite the State Party to submit further information about any measures the State Party has taken in response to its views or recommendations, if any, including as deemed appropriate by the Committee, in the State Party’s subsequent reports under article 18 of the Convention.
Article 8
1. If the Committee receives reliable information indicating grave or systematic violations by a State Party of rights set forth in the Convention, the Committee shall invite that State Party to cooperate in the examination of the information and to this end to submit observations with regard to the information concerned. 2. Taking into account any observations that may have been submitted by the State Party concerned as well as any other reliable information available to it, the Committee may designate one or more of its members to conduct an inquiry and to report urgently to the Committee. Where warranted and with the consent of the State Party, the inquiry may include a visit to its territory. 3. After examining the findings of such an inquiry, the Committee shall transmit these findings to the State Party concerned together with any comments and recommendations. 4. The State Party concerned shall, within six months of receiving the findings, comments and recommendations transmitted by the Committee, submit its observations to the Committee. 5. Such an inquiry shall be conducted confidentially and the cooperation of the State Party shall be sought at all stages of the proceedings.
Article 9
1. The Committee may invite the State Party concerned to include in its report under article 18 of the Convention details of any measures taken in response to an inquiry conducted under article 8 of the present Protocol. 2. The Committee may, if necessary, after the end of the period of six months referred to in article 8.4, invite the State Party concerned to inform it of the measures taken in response to such an inquiry.
Article 10
1. Each State Party may, at the time of signature or ratification of the present Protocol or accession thereto, declare that it does not recognize the competence of the Committee provided for in articles 8 and 9. 2. Any State Party having made a declaration in accordance with paragraph 1 of the present article may, at any time, withdraw this declaration by notification to the Secretary-General.
Article 11
A State Party shall take all appropriate steps to ensure that individuals under its jurisdiction are not subjected to ill treatment or intimidation as a consequence of communicating with the Committee pursuant to the present Protocol.
Article 12
The Committee shall include in its annual report under article 21 of the Convention a summary of its activities under the present Protocol.
Article 13
Each State Party undertakes to make widely known and to give publicity to the Convention and the present Protocol and to facilitate access to information about the views and recommendations of the Committee, in particular, on matters involving that State Party.
Article 14
The Committee shall develop its own rules of procedure to be followed when exercising the functions conferred on it by the present Protocol.
Article 15
1. The present Protocol shall be open for signature by any State that has signed, ratified or acceded to the Convention. 2. The present Protocol shall be subject to ratification by any State that has ratified or acceded to the Convention. Instruments of ratification shall be deposited with the Secretary-General of the United Nations. 3. The present Protocol shall be open to accession by any State that has ratified or acceded to the Convention. 4. Accession shall be effected by the deposit of an instrument of accession with the SecretaryGeneral of the United Nations.
Article 16
1. The present Protocol shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession. 2. For each State ratifying the present Protocol or acceding to it after its entry into force, the present Protocol shall enter into force three months after the date of the deposit of its own instrument of ratification or accession.
Article 17
No reservations to the present Protocol shall be permitted.
Article 18
1. Any State Party may propose an amendment to the present Protocol and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any proposed amendments to the States Parties with a request that they notify her or him whether they favour a conference of States Parties for the purpose of considering and voting on the proposal. In the event that at least one third of the States Parties favour such a conference, the SecretaryGeneral shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval. 2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Protocol in accordance with their respective constitutional processes. 3. When amendments come into force, they shall be binding on those States Parties that have accepted them, other States Parties still being bound by the provisions of the present Protocol and any earlier amendments that they have accepted.
Article 19
1. Any State Party may denounce the present Protocol at any time by written notification addressed to the Secretary-General of the United Nations. Denunciation shall take effect six months after the date of receipt of the notification by the Secretary-General. 2. Denunciation shall be without prejudice to the continued application of the provisions of the present Protocol to any communication submitted under article 2 or any inquiry initiated under article 8 before the effective date of denunciation.
Article 20
The Secretary-General of the United Nations shall inform all States of: (a) Signatures, ratifications and accessions under the present Protocol; (b) The date of entry into force of the present Protocol and of any amendment under article 18; (c) Any denunciation under article 19.
Article 21
1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States referred to in article 25 of the Convention.
B) GENERAL RECOMMENDATIONS OF THE COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN
Statistical data concerning the situation of women, General Recommendation 9
CEDAW, General Recommendation 9, UN GAOR, 1989, Doc. No. A/44/38. The Committee on the Elimination of Discrimination against Women,
Considering that statistical information is absolutely necessary in order to understand the real situation of women in each of the States parties to the Convention,
Having observed that many of the States parties that present their reports for consideration by the Committee do not provide statistics, Recommends that States parties should make every effort to ensure that their national statistical services responsible for planning national censuses and other social and economic surveys formulate their questionnaires in such a way that data can be disaggregated according to gender, with regard to both absolute numbers and percentages, so that interested users can easily obtain information on the situation of women in the particular sector in which they are interested.
Violence against women, General Recommendation 12
CEDAW, General Recommendation 12, UN GAOR, 1989, Doc. No. A/44/38. The Committee on the Elimination of Discrimination against Women, Considering that Articles 2, 5, 11, 12 and 16 of the Convention require the States parties to act to protect women against violence of any kind occurring within the family, at the workplace or in any other area of social life, Taking into account Economic and Social Council resolution 1988/27, Recommends to the States parties that they should include in their periodic reports to the Committee information about: 1. 2. 3. 4. The legislation in force to protect women against the incidence of all kinds of violence in everyday life (including sexual violence, abuses in the family, sexual harassment at the workplace, etc.); Other measures adopted to eradicate this violence; The existence of support services for women who are the victims of aggression or abuses; Statistical data on the incidence of violence of all kinds against women and on women who are the victims of violence.
Female circumcision, General Recommendation 14
CEDAW, General Recommendation 14, UN GAOR, 1990, Doc. No. A/45/38. The Committee on the Elimination of Discrimination against Women, Concerned about the continuation of the practice of female circumcision and other traditional practices harmful to the health of women, Noting with satisfaction that Governments, where such practices exist, national women's organizations, non-governmental organizations, specialized agencies, such as the World Health Organization, the United Nations Children's Fund, as well as the Commission on Human Rights and its Sub-Commission on Prevention of Discrimination and Protection of Minorities, remain seized of the issue having particularly recognized that such traditional practices as female circumcision have serious health and other consequences for women and children, Noting with interest the study of the Special Rapporteur on Traditional Practices Affecting the Health of Women and Children, as well as the study of the Special Working Group on Traditional Practices, Recognizing that women are taking important action themselves to identify and to combat practices that are prejudicial to the health and well-being of women and children, Convinced that the important action that is being taken by women and by all interested groups needs to be supported and encouraged by Governments, Noting with grave concern that there are continuing cultural, traditional and economic pressures which help to perpetuate harmful practices, such as female circumcision, Recommends to States parties: (a) That States parties take appropriate and effective measures with a view to eradicating the practice of female circumcision. Such measures could include:
(i) The collection and dissemination by universities, medical or nursing associations, national women's organizations or other bodies of basic data about such traditional practices; (ii) The support of women's organizations at the national and local levels working for the elimination of female circumcision and other practices harmful to women; (iii) The encouragement of politicians, professionals, religious and community leaders at all levels including the media and the arts to cooperate in influencing attitudes towards the eradication of female circumcision; (iv) The introduction of appropriate educational and training programmes and seminars based on research findings about the problems arising from female circumcision;
(b) That States parties include in their national health policies appropriate strategies aimed at eradicating female circumcision in public health care. Such strategies could include the special responsibility of health personnel including traditional birth attendants to explain the harmful effects of female circumcision; (c) That States parties invite assistance, information and advice from the appropriate organizations of the United Nations system to support and assist efforts being deployed to eliminate harmful traditional practices;
(d) That States parties include in their reports to the Committee under Articles 10 and 12 of the Convention on the Elimination of All Forms of Discrimination against Women information about measures taken to eliminate female circumcision.
Avoidance of discrimination against women in national strategies for the prevention and control of acquired immunodeficiency syndrome (AIDS), General Recommendation 15
CEDAW, General Recommendation 15, UN GAOR, 1990, Doc. No. A/45/38. The Committee on the Elimination of Discrimination against Women, Having considered information brought to its attention on the potential effects of both the global pandemic of acquired immunodeficiency syndrome (AIDS) and strategies to control it on the exercise of the rights of women, Having regard to the reports and materials prepared by the World Health Organization and other United Nations organizations, organs and bodies in relation to human immunodeficiency virus (HIV), and, in particular, the note by the Secretary-General to the Commission on the Status of Women on the effects of AIDS on the advancement of women and the Final Document of the International Consultation on AIDS and Human Rights, held at Geneva from 26 to 28 July 1989, Noting World Health Assembly resolution WHA 41.24 on the avoidance of discrimination in relation to HIV-infected people and people with AIDS of 13 May 1988, resolution 1989/11 of the Commission on Human Rights on non-discrimination in the field of health, of 2 March 1989, and in particular the Paris Declaration on Women, Children and AIDS, of 30 November 1989, Noting that the World Health Organization has announced that the theme of World Aids Day, 1 December 1990, will be "Women and Aids", Recommends:
(a) That States parties intensify efforts in disseminating information to increase public awareness of the risk of HIV infection and AIDS, especially in women and children, and of its effects on them; (b) That programmes to combat AIDS should give special attention to the rights and needs of women and children, and to the factors relating to the reproductive role of women and their subordinate position in some societies which make them especially vulnerable to HIV infection; (c) That States parties ensure the active participation of women in primary health care and take measures to enhance their role as care providers, health workers and educators in the prevention of infection with HIV; (d) That all States parties include in their reports under Article 12 of the Convention information on the effects of AIDS on the situation of women and on the action taken to cater to the needs of those women who are infected and to prevent specific discrimination against women in response to AIDS.
Disabled women, General Recommendation 18
CEDAW, General Recommendation 18, UN GAOR, 1991, Doc. No. A/46/38. The Committee on the Elimination of Discrimination against Women, Taking into consideration particularly Article 3 of the Convention on the Elimination of All Forms of Discrimination against Women, Having considered more than 60 periodic reports of States parties, and having recognized that they provide scarce information on disabled women, Concerned about the situation of disabled women, who suffer from a double discrimination linked to their special living conditions, Recalling paragraph 296 of the Nairobi Forward-looking Strategies for the Advancement of Women, in which disabled women are considered as a vulnerable group under the heading "areas of special concern", Affirming its support for the World Programme of Action concerning Disabled Persons (1982), Recommends that States parties provide information on disabled women in their periodic reports, and on measures taken to deal with their particular situation, including special measures to ensure that they have equal access to education and employment, health services and social security, and to ensure that they can participate in all areas of social and cultural life.
Violence against women, General Recommendation 19 CEDAW, General Recommendation 19, UN GAOR, 1992, Doc. No. A/47/38.
1. Gender-based violence is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men. In 1989, the Committee recommended that States should include in their reports information on violence and on measures introduced to deal with it (General recommendation 12, eighth session). At its tenth session in 1991, it was decided to allocate part of the eleventh session to a discussion and study on Article 6 and other Articles of the Convention relating to violence towards women and the sexual harassment and exploitation of women. That subject was chosen in anticipation of the 1993 World Conference on Human Rights, convened by the General Assembly by its resolution 45/155 of 18 December 1990. The Committee concluded that not all the reports of States parties adequately reflected the close connection between discrimination against women, gender-based violence, and violations of human rights and fundamental freedoms. The full implementation of the Convention required States to take positive measures to eliminate all forms of violence against women. The Committee suggested to States parties that in reviewing their laws and policies, and in reporting under the Convention, they should have regard to the following comments of the Committee concerning gender-based violence. The Convention in Article 1 defines discrimination against women. The definition of discrimination includes gender-based violence, that is, violence that is directed against a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty. Gender-based violence may breach specific provisions of the Convention, regardless of whether those provisions expressly mention violence. Gender-based violence, which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions, is discrimination within the meaning of Article 1 of the Convention. These rights and freedoms include:
2.
3.
4.
5.
6.
7.
(a) The right to life; (b) The right not to be subject to torture or to cruel, inhuman or degrading treatment or punishment; (c) The right to equal protection according to humanitarian norms in time of international or internal armed conflict; (d) The right to liberty and security of person; (e) The right to equal protection under the law; (f) The right to equality in the family; (g) The right to the highest standard attainable of physical and mental health; (h) The right to just and favourable conditions of work.
8.
The Convention applies to violence perpetrated by public authorities. Such acts of violence may breach that State's obligations under general international human rights law and under other conventions, in addition to breaching this Convention. It is emphasized, however, that discrimination under the Convention is not restricted to action by or on behalf of Governments (see Articles 2 (e), 2 (f) and 5). For example, under Article 2 (e) the Convention calls on States parties to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. Under general international law and specific human rights covenants, States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation. Comments on specific Articles of the Convention Articles 2 and 3
9.
10. Articles 2 and 3 establish a comprehensive obligation to eliminate discrimination in all its forms in addition to the specific obligations under Articles 5-16.
Articles 2 (f), 5 and 10 (c)
11. Traditional attitudes by which women are regarded as subordinate to men or as having stereotyped roles perpetuate widespread practices involving violence or coercion, such as family violence and abuse, forced marriage, dowry deaths, acid attacks and female circumcision. Such prejudices and practices may justify gender-based violence as a form of protection or control of women. The effect of such violence on the physical and mental integrity of women is to deprive them of the equal enjoyment, exercise and knowledge of human rights and fundamental freedoms. While this comment addresses mainly actual or threatened violence the underlying consequences of these forms of genderbased violence help to maintain women in subordinate roles and contribute to their low level of political participation and to their lower level of education, skills and work opportunities. 12. These attitudes also contribute to the propagation of pornography and the depiction and other commercial exploitation of women as sexual objects, rather than as individuals. This in turn contributes to gender-based violence.
Article 6
13. States parties are required by Article 6 to take measures to suppress all forms of traffic in women and exploitation of the prostitution of women. 14. Poverty and unemployment increase opportunities for trafficking in women. In addition to established forms of trafficking there are new forms of sexual exploitation, such as sex tourism, the recruitment of domestic labour from developing countries to work in developed countries, and organized marriages between women from developing countries and foreign nationals. These practices are incompatible with the equal enjoyment of rights by women and with respect for their rights and dignity. They put women at special risk of violence and abuse. 15. Poverty and unemployment force many women, including young girls, into prostitution. Prostitutes are especially vulnerable to violence because their status, which may be unlawful, tends to marginalize them. They need the equal protection of laws against rape and other forms of violence. 16. Wars, armed conflicts and the occupation of territories often lead to increased prostitution, trafficking in women and sexual assault of women, which require specific protective and punitive measures.
Article 11
17. Equality in employment can be seriously impaired when women are subjected to gender-specific violence, such as sexual harassment in the workplace. 18. Sexual harassment includes such unwelcome sexually determined behaviour as physical contact and advances, sexually coloured remarks, showing pornography and sexual demands, whether by words or actions. Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable ground to believe that her objection would disadvantage her in connection with her employment, including recruitment or promotion, or when it creates a hostile working environment.
Article 12
19. States parties are required by Article 12 to take measures to ensure equal access to health care. Violence against women puts their health and lives at risk. 20. In some States there are traditional practices perpetuated by culture and tradition that are harmful to the health of women and children. These practices include dietary restrictions for pregnant women, preference for male children and female circumcision or genital mutilation.
Article 14
21. Rural women are at risk of gender-based violence because traditional attitudes regarding the subordinate role of women that persist in many rural communities. Girls from rural communities are at special risk of violence and sexual exploitation when they leave the rural community to seek employment in towns.
Article 16 (and Article 5)
22. Compulsory sterilization or abortion adversely affects women's physical and mental health, and infringes the right of women to decide on the number and spacing of their children. 23. Family violence is one of the most insidious forms of violence against women. It is prevalent in all societies. Within family relationships women of all ages are subjected to violence of all kinds, including battering, rape, other forms of sexual assault, mental and other forms of violence, which are perpetuated by traditional attitudes. Lack of economic independence forces many women to stay in violent relationships. The abrogation of their family responsibilities by men can be a form of violence, and coercion. These forms of violence put women's health at risk and impair their ability to participate in family life and public life on a basis of equality.
Specific recommendations
24. In light of these comments, the Committee on the Elimination of Discrimination against Women recommends: (a) States parties should take appropriate and effective measures to overcome all forms of gender-based violence, whether by public or private act; (b) States parties should ensure that laws against family violence and abuse, rape, sexual assault and other gender-based violence give adequate protection to all women, and respect their integrity and dignity. Appropriate protective and support services should be provided for victims. Gender-sensitive training of judicial and law enforcement officers and other public officials is essential for the effective implementation of the Convention; (c) States parties should encourage the compilation of statistics and research on the extent, causes and effects of violence, and on the effectiveness of measures to prevent and deal with violence;
(d) Effective measures should be taken to ensure that the media respect and promote respect for women; (e) States parties in their report should identify the nature and extent of attitudes, customs and practices that perpetuate violence against women, and the kinds of violence that result. They should report the measures that they have undertaken to overcome violence, and the effect of those measures; (f) Effective measures should be taken to overcome these attitudes and practices. States should introduce education and public information programmes to help eliminate prejudices which hinder women's equality (recommendation No. 3, 1987); (g) Specific preventive and punitive measures are necessary to overcome trafficking and sexual exploitation; (h) States parties in their reports should describe the extent of all these problems and the measures, including penal provisions, preventive and rehabilitation measures, that have been taken to protect women engaged in prostitution or subject to trafficking and other forms of sexual exploitation. The effectiveness of these measures should also be described; (i) Effective complaints procedures and remedies, including compensation, should be provided; (j) States parties should include in their reports information on sexual harassment, and on measures to protect women from sexual harassment and other forms of violence of coercion in the workplace; (k) States parties should establish or support services for victims of family violence, rape, sex assault and other forms of gender-based violence, including refuges, specially trained health workers, rehabilitation and counselling; (l) States parties should take measures to overcome such practices and should take account of the Committee's recommendation on female circumcision (recommendation No. 14) in reporting on health issues; (m) States parties should ensure that measures are taken to prevent coercion in regard to fertility and reproduction, and to ensure that women are not forced to seek unsafe medical procedures such as illegal abortion because of lack of appropriate services in regard to fertility control; (n) States parties in their reports should state the extent of these problems and should indicate the measures that have been taken and their effect; (o) States parties should ensure that services for victims of violence are accessible to rural women and that where necessary special services are provided to isolated communities; (p) Measures to protect them from violence should include training and employment opportunities and the monitoring of the employment conditions of domestic workers; (q) States parties should report on the risks to rural women, the extent and nature of violence and abuse to which they are subject, their need for and access to support and other services and the effectiveness of measures to overcome violence; (r) Measures that are necessary to overcome family violence should include: (i) (ii) (iii) Criminal penalties where necessary and civil remedies in case of domestic violence; Legislation to remove the defence of honour in regard to the assault or murder of a female family member; Services to ensure the safety and security of victims of family violence, including refuges, counselling and rehabilitation programmes;
(iv) (v)
Rehabilitation programmes for perpetrators of domestic violence; Support services for families where incest or sexual abuse has occurred;
(s) States parties should report on the extent of domestic violence and sexual abuse, and on the preventive, punitive and remedial measures that have been taken; (t) That States parties should take all legal and other measures that are necessary to provide effective protection of women against gender-based violence, including, inter alia:
(i) Effective legal measures, including penal sanctions, civil remedies and compensatory provisions to protect women against all kinds of violence, including, inter alia, violence and abuse in the family, sexual assault and sexual harassment in the workplace; Preventive measures, including public information and education programmes to change attitudes concerning the roles and status of men and women; Protective measures, including refuges, counselling, rehabilitation and support services for women who are the victims of violence or who are at risk of violence;
(ii) (iii)
(u) That States parties should report on all forms of gender-based violence, and that such reports should include all available data on the incidence of each form of violence, and on the effects of such violence on the women who are victims; (v) That the reports of States parties should include information on the legal, preventive and protective measures that have been taken to overcome violence against women, and on the Effectiveness of such measures.
Equality in marriage and family relations, General Recommendation 21
CEDAW, General Recommendation 21, UN GAOR, 1994, Doc. No. A/47/38. 1. The Convention on the Elimination of All Forms of Discrimination against Women (General Assembly resolution 34/180, annex) affirms the equality of human rights for women and men in society and in the family. The Convention has an important place among international treaties concerned with human rights. Other conventions and declarations also confer great significance on the family and woman's status within it. These include the Universal Declaration of Human Rights (General Assembly resolution 217/A (III), the International Covenant on Civil and Political Rights (resolution 2200 A (XXI), annex), the Convention on the Nationality of Married Women (resolution 1040 (XI), annex), the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (resolution 1763 A (XVII), annex) and the subsequent Recommendation thereon (resolution 2018 (XX)) and the Nairobi Forward-looking Strategies for the Advancement of Women. The Convention on the Elimination of All Forms of Discrimination against Women recalls the inalienable rights of women which are already embodied in the above-mentioned conventions and declarations, but it goes further by recognizing the importance of culture and tradition in shaping the thinking and behaviour of men and women and the significant part they play in restricting the exercise of basic rights by women.
2.
3.
Background
4. The year 1994 has been designated by the General Assembly in its resolution 44/82 as the International Year of the Family. The Committee wishes to take the opportunity to stress the significance of compliance with women's basic rights within the family as one of the measures which will support and encourage the national celebrations that will take place. Having chosen in this way to mark the International Year of the Family, the Committee wishes to analyse three Articles in the Convention that have special significance for the status of women in the family:
5.
Article 9:
1. States parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband. States parties shall grant women equal rights with men with respect to the nationality of their children.
2.
Comment
6. Nationality is critical to full participation in society. In general, States confer nationality on those who are born in that country. Nationality can also be acquired by reason of settlement or granted for humanitarian reasons such as statelessness. Without status as nationals or citizens, women are deprived of the right to vote or to stand for public office and may be denied access to public benefits and a choice of residence. Nationality should be capable of change by an adult woman and should not be arbitrarily removed because of marriage or dissolution of marriage or because her husband or father changes his nationality.
Article 15:
1. 2. States parties shall accord to women equality with men before the law. States parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals. States parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void. States parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
3.
4.
Comment
7. When a woman cannot enter into a contract at all, or have access to financial credit, or can do so only with her husband's or a male relative's concurrence or guarantee, she is denied legal autonomy. Any such restriction prevents her from holding property as the sole owner and precludes her from the legal management of her own business or from entering into any other form of contract. Such restrictions seriously limit the woman's ability to provide for herself and her dependants. A woman's right to bring litigation is limited in some countries by law or by her access to legal advice and her ability to seek redress from the courts. In others, her status as a witness or her evidence is accorded less respect or weight than that of a man. Such laws or customs limit the woman's right effectively to pursue or retain her equal share of property and diminish her standing as an independent, responsible and valued member of her community. When countries limit a woman's legal capacity by their laws, or permit individuals or institutions to do the same, they are denying women their rights to be equal with men and restricting women's ability to provide for themselves and their dependants. Domicile is a concept in common law countries referring to the country in which a person intends to reside and to whose jurisdiction she will submit. Domicile is originally acquired by a child through its parents but, in adulthood, denotes the country in which a person normally resides and in which she intends to reside permanently. As in the case of nationality, the examination of States parties' reports demonstrates that a woman will not always be permitted at law to choose her own domicile. Domicile, like nationality, should be capable of change at will by an adult woman regardless of her marital status. Any restrictions on a woman's right to choose a domicile on the same basis as a man may limit her access to the courts in the country in which she lives or prevent her from entering and leaving a country freely and in her own right.
8.
9.
10. Migrant women who live and work temporarily in another country should be permitted the same rights as men to have their spouses, partners and children join them.
Article 16:
1. States parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage; (b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;
(c) The same rights and responsibilities during marriage and at its dissolution; (d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount; (e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights; (f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount; (g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation; (h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration. 2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.
Comment Public and private life
11. Historically, human activity in public and private life has been viewed differently and regulated accordingly. In all societies women who have traditionally performed their roles in the private or domestic sphere have long had those activities treated as inferior. 12. As such activities are invaluable for the survival of society, there can be no justification for applying different and discriminatory laws or customs to them. Reports of States parties disclose that there are still countries where de jure equality does not exist. Women are thereby prevented from having equal access to resources and from enjoying equality of status in the family and society. Even where de jure equality exists, all societies assign different roles, which are regarded as inferior, to women. In this way, principles of justice and equality contained in particular in Article 16 and also in Articles 2, 5 and 24 of the Convention are being violated.
Various forms of family
13. The form and concept of the family can vary from State to State, and even between regions within a State. Whatever form it takes, and whatever the legal system, religion, custom or tradition within the country, the treatment of women in the family both at law and in private must accord with the principles of equality and justice for all people, as Article 2 of the Convention requires.
Polygamous marriages
14. States parties' reports also disclose that polygamy is practised in a number of countries. Polygamous marriage contravenes a woman's right to equality with men, and can have such serious emotional and financial consequences for her and her dependants that such marriages ought to be discouraged and prohibited. The Committee notes with concern that some States parties, whose constitutions guarantee equal rights, permit polygamous marriage in accordance with personal or customary law. This violates the constitutional rights of women, and breaches the provisions of Article 5 (a) of the Convention.
Article 16 (1) (a) and (b):
15. While most countries report that national constitutions and laws comply with the Convention, custom, tradition and failure to enforce these laws in reality contravene the Convention. 16. A woman's right to choose a spouse and enter freely into marriage is central to her life and to her dignity and equality as a human being. An examination of States parties' reports discloses that there are countries which, on the basis of custom, religious beliefs or the ethnic origins of particular groups of people, permit forced marriages or remarriages. Other countries allow a woman's marriage to be arranged for payment or preferment and in others women's poverty forces them to marry foreign nationals for financial security. Subject to reasonable restrictions based for example on a woman's youth or consanguinity with her partner, a woman's right to choose when, if, and whom she will marry must be protected and enforced at law. Article 16 (1) (c) 17. An examination of States parties' reports discloses that many countries in their legal systems provide for the rights and responsibilities of married partners by relying on the application of common law principles, religious or customary law, rather than by complying with the principles contained in the Convention. These variations in law and practice relating to marriage have wide-ranging consequences for women, invariably restricting their rights to equal status and responsibility within marriage. Such limitations often result in the husband being accorded the status of head of household and primary decision-maker and therefore contravene the provisions of the Convention. 18. Moreover, generally a de facto union is not given legal protection at all. Women living in such relationships should have their equality of status with men both in family life and in the sharing of income and assets protected by law. Such women should share equal rights and responsibilities with men for the care and raising of dependent children or family members. Article 16 (1) (d) and (f) 19. As provided in Article 5 (b), most States recognize the shared responsibility of parents for the care, protection and maintenance of children. The principle that "the best interests of the child shall be the paramount consideration" has been included in the Convention on the Rights of the Child (General Assembly resolution 44/25, annex) and seems now to be universally accepted. However, in practice, some countries do not observe the principle of granting the parents of children equal status, particularly when they are not married. The children of such unions do not always enjoy the same status as those born in wedlock and, where the mothers are divorced or living apart, many fathers fail to share the responsibility of care, protection and maintenance of their children. 20. The shared rights and responsibilities enunciated in the Convention should be enforced at law and as appropriate through legal concepts of guardianship, wardship, trusteeship and adoption. States parties should ensure that by their laws both parents, regardless of their marital status and whether they live with their children or not, share equal rights and responsibilities for their children. Article 16 (1) (e) 21. The responsibilities that women have to bear and raise children affect their right of access to education, employment and other activities related to their personal development. They also impose inequitable burdens of work on women. The number and spacing of their children have a similar impact on women's lives and also affect their physical and mental health, as well as that of their children. For these reasons, women are entitled to decide on the number and spacing of their children. 22. Some reports disclose coercive practices which have serious consequences for women, such as forced pregnancies, abortions or sterilization. Decisions to have children or not, while preferably made in
consultation with spouse or partner, must not nevertheless be limited by spouse, parent, partner or Government. In order to make an informed decision about safe and reliable contraceptive measures, women must have information about contraceptive measures and their use, and guaranteed access to sex education and family planning services, as provided in Article 10 (h) of the Convention. 23. There is general agreement that where there are freely available appropriate measures for the voluntary regulation of fertility, the health, development and well-being of all members of the family improves. Moreover, such services improve the general quality of life and health of the population, and the voluntary regulation of population growth helps preserve the environment and achieve sustainable economic and social development. Article 16 (1) (g) 24. A stable family is one which is based on principles of equity, justice and individual fulfilment for each member. Each partner must therefore have the right to choose a profession or employment that is best suited to his or her abilities, qualifications and aspirations, as provided in Article 11 (a) and (c) of the Convention. Moreover, each partner should have the right to choose his or her name, thereby preserving individuality and identity in the community and distinguishing that person from other members of society. When by law or custom a woman is obliged to change her name on marriage or at its dissolution, she is denied these rights. Article 16 (1) (h) 25. The rights provided in this Article overlap with and complement those in Article 15 (2) in which an obligation is placed on States to give women equal rights to enter into and conclude contracts and to administer property. 26. Article 15 (1) guarantees women equality with men before the law. The right to own, manage, enjoy and dispose of property is central to a woman's right to enjoy financial independence, and in many countries will be critical to her ability to earn a livelihood and to provide adequate housing and nutrition for herself and for her family. 27. In countries that are undergoing a programme of agrarian reform or redistribution of land among groups of different ethnic origins, the right of women, regardless of marital status, to share such redistributed land on equal terms with men should be carefully observed. 28. In most countries, a significant proportion of the women are single or divorced and many have the sole responsibility to support a family. Any discrimination in the division of property that rests on the premise that the man alone is responsible for the support of the women and children of his family and that he can and will honourably discharge this responsibility is clearly unrealistic. Consequently, any law or custom that grants men a right to a greater share of property at the end of a marriage or de facto relationship, or on the death of a relative, is discriminatory and will have a serious impact on a woman's practical ability to divorce her husband, to support herself or her family and to live in dignity as an independent person. 29. All of these rights should be guaranteed regardless of a woman's marital status.
Marital property
30. There are countries that do not acknowledge that right of women to own an equal share of the property with the husband during a marriage or de facto relationship and when that marriage or relationship ends. Many countries recognize that right, but the practical ability of women to exercise it may be limited by legal precedent or custom. 31. Even when these legal rights are vested in women, and the courts enforce them, property owned by a woman during marriage or on divorce may be managed by a man. In many States, including those
where there is a community-property regime, there is no legal requirement that a woman be consulted when property owned by the parties during marriage or de facto relationship is sold or otherwise disposed of. This limits the woman's ability to control disposition of the property or the income derived from it. 32. In some countries, on division of marital property, greater emphasis is placed on financial contributions to property acquired during a marriage, and other contributions, such as raising children, caring for elderly relatives and discharging household duties are diminished. Often, such contributions of a non-financial nature by the wife enable the husband to earn an income and increase the assets. Financial and non-financial contributions should be accorded the same weight. 33. In many countries, property accumulated during a de facto relationship is not treated at law on the same basis as property acquired during marriage. Invariably, if the relationship ends, the woman receives a significantly lower share than her partner. Property laws and customs that discriminate in this way against married or unmarried women with or without children should be revoked and discouraged.
Inheritance
34. Reports of States parties should include comment on the legal or customary provisions relating to inheritance laws as they affect the status of women as provided in the Convention and in Economic and Social Council resolution 884D (XXXIV), in which the Council recommended that States ensure that men and women in the same degree of relationship to a deceased are entitled to equal shares in the estate and to equal rank in the order of succession. That provision has not been generally implemented. 35. There are many countries where the law and practice concerning inheritance and property result in serious discrimination against women. As a result of this uneven treatment, women may receive a smaller share of the husband's or father's property at his death than would widowers and sons. In some instances, women are granted limited and controlled rights and receive income only from the deceased's property. Often inheritance rights for widows do not reflect the principles of equal ownership of property acquired during marriage. Such provisions contravene the Convention and should be abolished. Article 16 (2) 36. In the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights, held at Vienna from 14 to 25 June 1993, States are urged to repeal existing laws and regulations and to remove customs and practices which discriminate against and cause harm to the girl child. Article 16 (2) and the provisions of the Convention on the Rights of the Child preclude States parties from permitting or giving validity to a marriage between persons who have not attained their majority. In the context of the Convention on the Rights of the Child, "a child means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier". Notwithstanding this definition, and bearing in mind the provisions of the Vienna Declaration, the Committee considers that the minimum age for marriage should be 18 years for both man and woman. When men and women marry, they assume important responsibilities. Consequently, marriage should not be permitted before they have attained full maturity and capacity to act. According to the World Health Organization, when minors, particularly girls, marry and have children, their health can be adversely affected and their education is impeded. As a result their economic autonomy is restricted. 37. This not only affects women personally but also limits the development of their skills and independence and reduces access to employment, thereby detrimentally affecting their families and communities. 38. Some countries provide for different ages for marriage for men and women. As such provisions assume incorrectly that women have a different rate of intellectual development from men, or that their
stage of physical and intellectual development at marriage is immaterial, these provisions should be abolished. In other countries, the betrothal of girls or undertakings by family members on their behalf is permitted. Such measures contravene not only the Convention, but also a women's right freely to choose her partner. 39. States parties should also require the registration of all marriages whether contracted civilly or according to custom or religious law. The State can thereby ensure compliance with the Convention and establish equality between partners, a minimum age for marriage, prohibition of bigamy and polygamy and the protection of the rights of children.
Recommendations Violence against women
40. In considering the place of women in family life, the Committee wishes to stress that the provisions of general recommendation 19 (eleventh session) concerning violence against women have great significance for women's abilities to enjoy rights and freedoms on an equal basis with men. States parties are urged to comply with that general recommendation to ensure that, in both public and family life, women will be free of the gender-based violence that so seriously impedes their rights and freedoms as individuals.
Reservations
41. The Committee has noted with alarm the number of States parties which have entered reservations to the whole or part of Article 16, especially when a reservation has also been entered to Article 2, claiming that compliance may conflict with a commonly held vision of the family based, inter alia, on cultural or religious beliefs or on the country's economic or political status. 42. Many of these countries hold a belief in the patriarchal structure of a family which places a father, husband or son in a favourable position. In some countries where fundamentalist or other extremist views or economic hardships have encouraged a return to old values and traditions, women's place in the family has deteriorated sharply. In others, where it has been recognized that a modern society depends for its economic advance and for the general good of the community on involving all adults equally, regardless of gender, these taboos and reactionary or extremist ideas have progressively been discouraged. 43. Consistent with Articles 2, 3 and 24 in particular, the Committee requires that all States parties gradually progress to a stage where, by its resolute discouragement of notions of the inequality of women in the home, each country will withdraw its reservation, in particular to Articles 9, 15 and 16 of the Convention. 44. States parties should resolutely discourage any notions of inequality of women and men which are affirmed by laws, or by religious or private law or by custom, and progress to the stage where reservations, particularly to Article 16, will withdrawn. 45. The Committee noted, on the basis of its examination of initial and subsequent periodic reports, that in some States parties to the Convention that had ratified or acceded without reservation, certain laws, especially those dealing with family, do not actually conform to the provisions of the Convention. 46. Their laws still contain many measures which discriminate against women based on norms, customs and socio-cultural prejudices. These States, because of their specific situation regarding these Articles, make it difficult for the Committee to evaluate and understand the status of women. 47. The Committee, in particular on the basis of Articles 1 and 2 of the Convention, requests that those States parties make the necessary efforts to examine the de facto situation relating to the issues and to
introduce the required measures in their national legislations still containing provisions discriminatory to women.
Reports
48. Assisted by the comments in the present general recommendation, in their reports States parties should: (a) Indicate the stage that has been reached in the country's progress to removal of all reservations to the Convention, in particular reservations to Article 16; (b) Set out whether their laws comply with the principles of Articles 9, 15 and 16 and where, by reason of religious or private law or custom, compliance with the law or with the Convention is impeded.
Legislation
49. States parties should, where necessary to comply with the Convention, in particular in order to comply with Articles 9, 15 and 16, enact and enforce legislation. Encouraging compliance with the Convention
50. Assisted by the comments in the present general recommendation, and as required by Articles 2, 3 and 24, States parties should introduce measures directed at encouraging full compliance with the principles of the Convention, particularly where religious or private law or custom conflict with those principles.
Women and health (Article 12), General Recommendation 24
CEDAW, General Recommendation 24, UN GAOR, 1999, Doc. No. A/54/38/ Rev.1 Introduction 1. The Committee on the Elimination of Discrimination against Women, affirming that access to health care, including reproductive health is a basic right under the Convention on the Elimination of Discrimination against Women, determined at its 20th session, pursuant to article 21, to elaborate a general recommendation on article 12 of the Convention.
Background 2. States parties' compliance with article 12 of the Convention is central to the health and well-being of women. It requires States to eliminate discrimination against women in their access to health care services, throughout the life cycle, particularly in the areas of family planning, pregnancy, confinement and during the post-natal period. The examination of reports submitted by States parties pursuant to article 18 of the Convention demonstrates that women's health is an issue that is recognized as a central concern in promoting the health and well-being of women. For the benefit of States parties and those who have a particular interest in and concern with the issues surrounding women's health, the present general recommendation seeks to elaborate the Committee's understanding of article 12 and to address measures to eliminate discrimination in order to realize the right of women to the highest attainable standard of health. Recent United Nations world conferences have also considered these objectives. In preparing this general recommendation, the Committee has taken into account relevant programmes of action adopted at United Nations world conferences and, in particular, those of the 1993 World Conference on Human Rights, the 1994 International Conference on Population and Development and the 1995 Fourth World Conference on Women. The Committee has also noted the work of the World Health Organization (WHO), the United Nations Population Fund (UNFPA) and other United Nations bodies. It has also collaborated with a large number of non-governmental organizations with a special expertise in women's health in preparing this general recommendation. The Committee notes the emphasis which other United Nations instruments place on the right to health and to the conditions which enable good health to be achieved. Among such instruments are the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Racial Discrimination. The Committee refers also to its earlier general recommendations on female circumcision, human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS), disabled women, violence against women and equality in family relations, all of which refer to issues which are integral to full compliance with article 12 of the Convention. While biological differences between women and men may lead to differences in health status, there are societal factors which are determinative of the health status of women and men and which can vary among women themselves. For that reason, special attention should be given to the health needs and rights of women belonging to vulnerable and disadvantaged groups, such as migrant women, refugee and internally displaced women, the girl child and older women, women in prostitution, indigenous women and women with physical or mental disabilities. The Committee notes that the full realization of women's right to health can be achieved only when States parties fulfil their obligation to respect, protect and promote women's fundamental human right
3.
4.
5.
6.
7.
to nutritional well-being throughout their life span by means of a food supply that is safe, nutritious and adapted to local conditions. Towards this end, States parties should take steps to facilitate physical and economic access to productive resources especially for rural women, and to otherwise ensure that the special nutritional needs of all women within their jurisdiction are met.
Article 12 1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning. Notwithstanding the provisions of paragraph 1 of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.
2.
8.
States parties are encouraged to address the issue of women's health throughout the woman's lifespan. For the purposes of this general recommendation, therefore, women includes girls and adolescents. This general recommendation will set out the Committee's analysis of the key elements of article 12.
Key elements
Article 12 (1) 9. States parties are in the best position to report on the most critical health issues affecting women in that country. Therefore, in order to enable the Committee to evaluate whether measures to eliminate discrimination against women in the field of health care are appropriate, States parties must report on their health legislation, plans and policies for women with reliable data disaggregated by sex on the incidence and severity of diseases and conditions hazardous to women's health and nutrition and on the availability and cost-effectiveness of preventive and curative measures. Reports to the Committee must demonstrate that health legislation, plans and policies are based on scientific and ethical research and assessment of the health status and needs of women in that country and take into account any ethnic, regional or community variations or practices based on religion, tradition or culture.
10. States parties are encouraged to include in their reports information on diseases, health conditions and conditions hazardous to health that affect women or certain groups of women differently from men, as well as information on possible intervention in this regard. 11. Measures to eliminate discrimination against women are considered to be inappropriate if a health care system lacks services to prevent, detect and treat illnesses specific to women. It is discriminatory for a State party to refuse to legally provide for the performance of certain reproductive health services for women. For instance, if health service providers refuse to perform such services based on conscientious objection, measures should be introduced to ensure that women are referred to alternative health providers. 12. States parties should report on their understanding of how policies and measures on health care address the health rights of women from the perspective of women's needs and interests and how it addresses distinctive features and factors which differ for women in comparison to men, such as: (a) Biological factors which differ for women in comparison with men, such as their menstrual cycle and their reproductive function and menopause. Another example is the higher risk of exposure to sexually transmitted diseases which women face;
(b) Socio-economic factors that vary for women in general and some groups of women in particular. For example, unequal power relationships between women and men in the home and workplace may negatively affect women's nutrition and health. They may also be exposed to different forms of violence which can affect their health. Girl children and adolescent girls are often vulnerable to sexual abuse by older men and family members, placing them at risk of physical and psychological harm and unwanted and early pregnancy. Some cultural or traditional practices such as female genital mutilation also carry a high risk of death and disability; (c) Psychosocial factors which vary between women and men include depression in general and postpartum depression in particular as well as other psychological conditions, such as those that lead to eating disorders such as anorexia and bulimia; (d) While lack of respect for the confidentiality of patients will affect both men and women, it may deter women from seeking advice and treatment and thereby adversely affect their health and wellbeing. Women will be less willing , for that reason, to seek medical care for diseases of the genital tract, for contraception or for incomplete abortion and in cases where they have suffered sexual or physical violence. 13. The duty of States parties to ensure, on a basis of equality between men and women, access to health care services, information and education implies an obligation to respect, protect and fulfil women's rights to health care. States parties have the responsibility to ensure that legislation and executive action and policy comply with these three obligations. They must also put in place a system which ensures effective judicial action. Failure to do so will constitute a violation of article 12. 14. The obligation to respect rights requires States parties to refrain from obstructing action taken by women in pursuit of their health goals. States parties should report on how public and private health care providers meet their duties to respect women's rights to have access to health care. For example, States parties should not restrict women's access to health services or to the clinics that provide those services on the ground that women do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried1 or because they are women. Other barriers to women's access to appropriate health care include laws that criminalize medical procedures only needed by women and that punish women who undergo those procedures. 15. The obligation to protect rights relating to women's health requires States parties, their agents and officials to take action to prevent and impose sanctions for violations of rights by private persons and organizations. Since gender-based violence is a critical health issue for women, States parties should ensure: (a) The enactment and effective enforcement of laws and the formulation of policies, including health care protocols and hospital procedures to address violence against women and abuse of girl children and the provision of appropriate health services; (b) Gender-sensitive training to enable health care workers to detect and manage the health consequences of gender-based violence; (c) Fair and protective procedures for hearing complaints and imposing appropriate sanctions on health care professionals guilty of sexual abuse of women patients; (d) The enactment and effective enforcement of laws that prohibit female genital mutilation and marriage of girl children. 16. States parties should ensure that adequate protection and health services, including trauma treatment and counselling, are provided for women in especially difficult circumstances, such as those trapped in situations of armed conflict and women refugees.
17. The duty to fulfil rights places an obligation on States parties to take appropriate legislative, judicial, administrative, budgetary, economic and other measures to the maximum extent of their available resources to ensure that women realize their rights to health care. Studies such as those which emphasize the high maternal mortality and morbidity rates worldwide and the large numbers of couples who would like to limit their family size but lack access to or do not use any form of contraception provide an important indication for States parties of possible breaches of their duties to ensure women's access to health care. The Committee asks States parties to report on what they have done to address the magnitude of women's ill-health, in particular when it arises from preventable conditions, such as tuberculosis and HIV/AIDS. The Committee is concerned at the growing evidence that States are relinquishing these obligations as they transfer State health functions to private agencies. States parties cannot absolve themselves of responsibility in these areas by delegating or transferring these powers to private sector agencies. States parties should therefore report on what they have done to organize governmental processes and all structures through which public power is exercised to promote and protect women's health. They should include information on positive measures taken to curb violations of women's rights by third parties, to protect their health and the measures they have taken to ensure the provision of such services. 18. The issues of HIV/AIDS and other sexually transmitted disease are central to the rights of women and adolescent girls to sexual health. Adolescent girls and women in many countries lack adequat eaccess to information and services necessary to ensure sexual health. As a consequence of unequal power relations based on gender, women and adolescent girls are often unable to refuse sex or insist on safe and responsible sex practices. Harmful traditional practices, such as female genital mutilation, polygamy, as well as marital rape, may also expose girls and women to the rist of contracting HIV/AIDS and other sexually transmitted diseases. Women in prostitution are also particularly vulnerable to these diseases. States parties should ensure, without prejudice and discrimination, the right to sexual health information, education and services for all women and girls, including those who have been trafficked, including those who have been trafficked, even if they are not legally resident in the country. In particular, States parties should ensure the rights of female and male adolescents to sexual and reproductive health education by properly trained personnel in specially designed programmes that respect their rights to privacy and confidentiality. 19. In their reports States parties should identify the test by which they assess whether women have access to health care on a basis of equality of men and women in order to demonstrate compliance with article 12. In applying these tests, States parties should bear in mind the provisions of article 1 of the Convention. Reports should therefore include comments on the impact that health policies, procedures, laws and protocols have on women when compared with men. 20. Women have the right to be fully informed, by properly trained personnel, of their options in agreeing to treatment or research, including likely benefits and potential adverse effects of proposed procedures and available alternatives. 21. States parties should report on measures taken to eliminate barriers that women face in gaining access to health care services and what measures they have taken to ensure women timely and affordable access to such services. Barriers include requirements or conditions that prejudice women's access such as high fees for health care services, the requirement for preliminary authorization by spouse, parent or hospital authorities, distance from health facilities and absence of convenient and affordable public transport. 22. States parties should also report on measures taken to ensure access to quality health care services, for example, by making them acceptable to women. Acceptable services are those which are delivered in a way that ensures that a woman gives her fully informed consent, respects her dignity, guarantees her confidentiality and is sensitive to her needs and perspectives. States parties should not permit forms of coercion, such as non-consensual sterilization, mandatory testing for sexually transmitted diseases or mandatory pregnancy testing as a condition of employment that violate women's rights to informed consent and dignity.
23. In their reports, States parties should state what measures they have taken to ensure timely access to the range of services which are related to family planning, in particular, and to sexual and reproductive health in general. Particular attention should be paid to the health education of adolescents, including information and counseling on all methods of family planning.2 24. The Committee is concerned about the conditions of health care services for older women, not only because women often live linger than men and are more likely than men to suffer from disabling and degenerative chronic diseases, such as osteoporosis and dementia, but because they often have the responsibility for their aging spouses. Therefore, States parties should take appropriate measures to ensure the access of older women to health services that address the handicaps and disabilities associated with aging. 25. Women with disabilities, of all ages, often have difficulty with physical access to health services. Women with mental disabilities are particularly vulnerable, while there is limited understanding, in general, of the broad range of risks to mental health to which women are disproportionately susceptible as a result of gender discrimination, violence, poverty, armed conflict, dislocation and other forms of social deprivation. States parties should take appropriate measures to ensure that health services are sensitive to the needs of women with disabilities and are respectful of their human rights and dignity.
Article 12 (2) 26. Reports should also include what measures States parties have taken to ensure women appropriate services in connection with pregnancy, confinement and the post-natal period. Information on the rates at which these measures have reduced maternal mortality and morbidity in their countries, in general, and in vulnerable groups, regions and communities, in particular, should also be included. 27. States parties should include in their reports how they supply free services where necessary to ensure safe pregnancies, childbirth and post-partum periods for women. Many women are at risk of death or disability from pregnancy-related causes because they lack the funds to obtain or access the necessary services, which include ante-natal, maternity and post-natal services. The Committee notes that it is the duty of States parties to ensure women's right to safe motherhood and emergency obstetric services and they should allocate to these services the maximum extent of available resources.
Other relevant articles in the Convention 28. When reporting on measures taken to comply with article 12, States parties are urged to recognize its interconnection with other articles in the Convention that have a bearing on women's health. Those articles include article 5 (b), which requires States parties to ensure that family education includes a proper understanding of maternity as a social function; article 10, which requires States parties to ensure equal access to education, thus enabling women to access health care more readily and reducing female students' drop-out rates, which are often due to premature pregnancy; article 10(h) which provides that States parties provide to women and girls specific educational information to help ensure the well-being of families, including information and advice on family planning; article 11, which is concerned, in part, with the protection of women's health and safety in working conditions, including the safeguarding of the reproductive function, special protection from harmful types of work during pregnancy and with the provision of paid maternity leave; article 14 (2) (b), which requires States parties to ensure access for rural women to adequate health care facilities, including information, counselling and services in family planning, and (h), which obliges
States parties to take all appropriate measures to ensure adequate living conditions, particularly housing, sanitation, electricity and water supply, transport and communications, all of which are critical for the prevention of disease and the promotion of good health care; and article 16 (1) (e), which requires States parties to ensure that women have the same rights as men to decide freely and responsibly on the number and spacing of their children and to have access to information, education and means to enable them to exercise these rights. Article 16 (2) also proscribes the betrothal and marriage of children, an important factor in preventing the physical and emotional harm which arise from early childbirth.
Recommendations for government action 29. States parties should implement a comprehensive national strategy to promote women's health throughout their lifespan. This will include interventions aimed at both the prevention and treatment of diseases and conditions affecting women, as well as responding to violence against women, and will ensure universal access for all women to a full range of high-quality and affordable health care, including sexual and reproductive health services. 30. States parties should allocate adequate budgetary, human and administrative resources to ensure that women's health receives a share of the overall health budget comparable with that for men's health, taking into account their different health needs. 31. States parties should also, in particular: (a) Place a gender perspective at the centre of all policies and programmes affecting women's s health and should involve women in the planning, implementation and monitoring of such policies and programmes and in the provision of health services to women; (b) Ensure the removal of all barriers to women's access to health services, education and information, including in the area of sexual and reproductive health, and, in particular, allocate resources for programmes directed at adolescents for the prevention and treatment of sexually transmitted diseases, including HIV/AIDS; (c) Prioritize the prevention of unwanted pregnancy through family planning and sex education and reduce maternal mortality rates through safe motherhood services and prenatal assistance. When possible, legislation criminalizing abortion could be amended to remove punitive provisions imposed on women who undergo abortion; (d) Monitor the provision of health services to women by public, non-governmental and private organizations, to ensure equal access and quality of care; (e) Require all health services to be consistent with the human rights of women, including the rights to autonomy, privacy, confidentiality, informed consent and choice; (f) Ensure that the training curricula of health workers includes comprehensive, mandatory, gender-sensitive courses on women's health and human rights, in particular gender-based violence. Notes
1
General Recommendation 21, paragraph 29.
2
Health education for adolescents should further address, inter alia, gender equality, violence, prevention of sexually transmitted diseases and reproductive and sexual health rights.
3
Reference to resolutions in which the Committee adopted the Cairo and Beijing recommendations to reduce maternal mortality and morbidity.
C) CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN
ALGERIA (1999) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Algeria, 27/01/99, CEDAW/C/1999/I/L.1/Add.2 20. The Committee notes with satisfaction that Algerian labour legislation contains specific provisions relating to maternity leave and breastfeeding breaks that protect women from discrimination because of their parental responsibilities. 25. The Committee notes with satisfaction that women's health was identified as a priority in the country's health policies and programmes. 37. The Committee is deeply concerned by the large number of women murdered, raped, abducted and subjected to serious physical abuse by terrorist groups in recent years, and by the absence of legal texts that specifically protect women who are victims of domestic and sexual violence 38. The Committee calls upon the Government to protect women in accordance with the provision of the Constitution that states that the State is responsible for the safety of persons and property. The Committee recommends that better care be taken of all women and girls who are victims of terrorist violence.
40. The Committee recommends to the Government that it take specific legislative and structural steps to protect women from such attacks and provide women who are victims of violence with comfort, assistance, advice, guidance and information concerning legal redress. The Committee also recommends that education and awareness training on domestic and sexual violence be made available to police officers, judges, doctors and the mass media to make their intervention more effective.
ANTIGUA AND BARBUDA (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Antigua and Barbuda, 16/07/97, A/52/38/Rev.1, Part II paras. 228-272. 244. The Committee complimented the State party on the successful measures it had taken to reduce the birth rate. 248. The Committee welcomed the introduction of measures to address teenage pregnancies and the focus on the situation of the girl child. 258. The Committee was also concerned about the continuing illegality of abortion, which would lead to unsafe abortions. It also noted with concern the lack of family planning education programmes and the fact that contraceptives were not covered by medical benefits schemes. 259. The Committee was deeply concerned about the high level of teenage pregnancy. 260. The Committee expressed concern about the high rate of perinatal mortality.
261. The Committee noted the lack of special measures for women with HIV/AIDS, as well as the absence of measures to address drug addiction among women. The Committee expressed the hope that more information would be given about the problem in the next report. 267. The Committee suggested that Antigua and Barbuda introduce appropriate policies and programmes for sex education and family planning education.
ARGENTINA (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Argentina, 23/07/97, A/52/38 Rev.1, Part II paras. 273-321. 304. The Committee was concerned about the fact that, despite economic and social development in Argentina, maternal mortality and morbidity due to childbirth and abortion remained high. 310. The Committee suggested that programmes to increase awareness among the police, judges and health-care professionals concerning the gravity of all forms of violence against women should be maintained and strengthened. 318. The Committee suggested that increased measures of all types should be taken to reduce maternal mortality and morbidity. 319. The Committee recommended that legislation which penalized mothers who had abortions should be reviewed.
ARMENIA (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Armenia, 14/07/97, A/52/38/Rev.1,Part II paras. 35-68. 48. The Committee acknowledged favourably the Government's intention to introduce a fundamental legal reform within the ongoing revision of the criminal code, in respect of violence against women and their sexual exploitation through prostitution and trafficking. 50. The Committee commended the Government on its identification of four priority areas of concern in relation to women's health, and on its programme to establish a system of family planning services and to provide contraceptives to women free of charge. 57. The Committee expressed its concern about the fact that there were no policies and programmes in place to guarantee security and social benefits to women who worked in the informal sector. 58. The Committee also noted with concern the paternalistic restrictions imposed by the labour laws, which were aimed at protecting maternity and resulted in the legal limitation of
women's employment opportunities and choices. 59. Similarly, the Committee was concerned about the Government's report of increasing prostitution, especially in relation to the limited economic options for women in Armenia. The Committee noted the lack of access of women engaging in prostitution to appropriate health services, including for the prevention and care of HIV/AIDS. 60. As to the subject of women's health, the Committee expressed its deep concern with regard to the Government's plan to consider proposals for privatization of the health system. The Committee emphasized the adverse effects for women and other vulnerable groups of privatization in the health area, even in highly developed countries. 65. The Committee strongly urged the Government to use the education system and the electronic media to combat the traditional stereotype of women "in the noble role of mother" and to raise awareness of the role of men in caring and their responsibility for parenting. 66. The Committee suggested that there was a strong need to collect information and sex disaggregated data in all areas, in particular as regards violence against women, prostitution and health. 67. The Committee suggested that in the planning and implementation of privatization policies and programmes the Government of Armenia should ensure that it fulfilled its social responsibilities and obligations under international human rights law so that its policies and programmes would not deprive women and other vulnerable groups of enjoyment of their human rights, especially in the area of health.
AUSTRALIA (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Australia, 22/07/97, A/52/38/Rev.1, Part II paras. 365-408. 380. The Committee commended the Government for its past initiatives and efforts to promote and protect the human rights of women nationally and internationally. Australia's leadership for the advancement of women at the Fourth World Conference on Women and its initiative to make it into a "conference of commitment" were particularly noteworthy. The Committee took note of the fact that Australia had prepared a comprehensive national action plan to implement the Beijing Declaration and Platform for Action and provided a copy to each member of the Committee. The Committee appreciated the comprehensive introductory statement and detailed responses provided to the Committee's written questions by the representative. 385. The Committee welcomed the existence of a national health policy for women, which had been established in 1989, and for which funding was currently allocated for financial year 1998-1999. The policy's participatory approach in providing innovative primary health care and in emphasizing services for disadvantaged groups of women, including Aboriginal and Torres Strait Islanders, and migrant women were commendable, as was the inclusion of women's reproductive health and sexuality among its seven priority issues.
386. Legislation enabling the Government to prosecute Australians who committed sexual offences abroad was also commended. 389. The Committee noted that the changing role of government in terms of public expenditure and the ongoing decentralization of responsibility in a number of areas, including health, from the federal to territorial or state Governments, had had an impact on the legal and practical implementation of the Convention. Australia continued to have two reservations to the Convention, one with regard to paid maternity leave and one with regard to "combat-related" employment in the armed forces, which constituted an obstacle to the full implementation of the Convention. 393. The Committee expressed its concern about the possibility that, at a time of fiscal constraint, resources for programmes and policies benefiting women or aimed at overcoming discrimination, for example in health, the provision of legal aid services, training and awareness programmes on violence against women for health, judicial, professional and other workers might be subjected to disproportionate budget cuts. 397. The Committee was concerned at the continuing adverse situation of Aboriginal and Torres Strait Islander women. Major causes of concern included a higher incidence of maternal mortality, lower life expectancy, reduced access to the full range of health services, a high incidence of violence, including domestic violence, and high unemployment rates. Their situation, as well as that of migrant women, was further compromised by an apparent rise in racism and xenophobia. 400. The Committee encouraged the Government to assess the benefits of a continuing national women's health policy and to ensure that any further change in that policy did not lead to a decreased access by women, especially vulnerable groups of women, to comprehensive health services. It also recommended that data and indicators on health should be collected, disaggregated by sex, age, ethnicity, rural/urban areas and other distinctions. Data should also be collected on the impact of the shift in responsibility for health care from the federal to the state level. (1995) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Australia, 31/05/95, A/50/38, paras. 593-601. 596. The Committee, however, expresses its concern about reservations which the Government made when ratifying the Convention. Although there have been some developments in this area, the Committee is particularly concerned about the reservations on paid maternity leave. The Committee urges the Government to continue its efforts to withdraw its reservations. 597. The Committee expresses its concern abut indigenous women, migrant women and particularly women from aboriginal groups and Torres Strait Island who are the most disadvantaged people in Australian society. The Government has been frank in its information to the Committee about these women. However, the status of these women is significantly different from other women living in Australia. Violence, life expectancy, unemployment and the health situation among aboriginal women are remaining problems (1994) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Australia, 12/04/94, A/49/38, paras. 370-412.
390. The Committee had difficulty in fully understanding the reservation on maternity leave. The representative said that there was considerable discussion going on in her country on the issue. Women's participation in wage labour had increased significantly in the last 15 years. The resistance to paid maternity leave came from many sides; there was no consensus on the issue even among women's organizations and trade unions. The universal social security system existing in the country cushioned cuts in income levels and was an incentive for part-time work. Moreover, there had been no strong pressure or demand for facilities to feed babies in the workplace. 391. Commenting on violence against women, the experts asked how many women had taken refuge in shelters. The representative said that a national census on a single night in May 1992 had found 4,700 adults and children using the Support Accommodation Assistance Program (SAAP) as a result of family violence. Eighty-five per cent of women applied for Government benefits or pensions after taking refuge. An accurate figure on women obtaining protection orders could not be given owing to a lack of consistency in data collection by the States and Territories. In 1991, there were 603 applications for Domestic Violence Orders in the Australian Capital Territory, 90 per cent made by women against men. Asked how women's organizations helped victims of rape within marriage and of domestic violence, the representative said that rape crisis centres, domestic violence crisis services and women's health centres provided information on legal, health, financial and crisis accommodation matters and referred women to appropriate services. 403. Asked whether the nationally organized cervical screening programme had been implemented, the representative confirmed that all Health Ministers had adopted an organized approach to detection and management of cervical pre-cancers that included a national cervical screening policy based on a two-year interval, an age range of 18 to 70 years and the establishment of cervical cytology registries. In addition, a television campaign to raise awareness among women on the need for regular testing had been launched in 1993. 404. On a question related to family planning and freely available contraceptive advice for young women without parental consent, the representative said that young women had free access to advice on sexual and reproductive health in clinics funded under the Family Planning Programme. 405. The Committee wanted to know if abortion was available to young women on the same basis as adult women. The answer was that although equal service was ensured in theory, pregnant minor women were disadvantaged in their access to abortion services, since they did not have their own Medicare card and lacked support and money for transportation and consultation of specialists. 406. The Committee asked whether the Government planned to harmonize its familyplanning, contraception and abortion policies. The representative stated that abortion laws were the responsibility of State and Territory governments, whereas the Family Planning Programme was a Commonwealth initiative. A harmonization took place in the sense that the Family Planning Programme was a means to prevent unwanted pregnancies and reduce demand for abortions. 407. On a question about the decrease of maternal and child mortality rates among the Aboriginal population, the representative stressed that the health of Aboriginal and Torres Strait Islander peoples had significantly improved in the past two decades. However, the burdens of disease continued to be comparatively high as did levels of child mortality. The proportion of
maternal deaths had not decreased yet. There was a great need for an indigenous women's health policy to complement the National Aboriginal Health Strategy, the major initiative in Aboriginal and Torres Strait Islander health. Asked about legal or social barriers to artificial insemination and the public's response, in particular women's response to that process, the representative replied that the direct regulation of artificial insemination was a matter for State and Territory governments. The Commonwealth Government subsidized artificial insemination through the national health insurance scheme. There was evidence that the majority of the population accepted artificial insemination as part of wider reproductive technologies but was concerned about the confidentiality of information, ethnic cultural values and the rights of the child. Women were particularly concerned about the cost and emotional stress involved. 410. The Committee noted that the Australian Law Reform Commission had made certain recommendations concerning marriage practices, such as polygamous marriages, which might comply with religious or customary law but be in conflict with the principles of the Convention. Asked whether there were plans to legislate and enforce domestic law which would protect women from traditions that endangered their health and caused them and their children hardship, the representative stated that marriage, according to the law in Australia, was the union of man and woman voluntarily entered into for life and a contract of valid polygamous marriage was not possible according to the law. A de facto polygamous marriage contracted outside Australia would be recognized only if valid according to the common law rules of private international law. Any religious or customary marriage which did not comply with the Marriage Act's provisions was not valid.
AZERBAIJAN (1998) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Azerbaijan, 14/05/98, A/53/38, paras. 37-79. 54. The Committee welcomes information on the establishment, with the help of the United Nations Children's Fund (UNICEF), of six regional family-planning centres, which will provide a larger number of women and men with assistance in matters of reproductive health.
63. The Committee is particularly worried about the high level of maternal, as well as infant mortality rates and the fact that there are insufficient resources for international emergency aid in that field. 65. The Committee expresses serious concern about the situation of women victims of prostitution and trafficking. The Committee is of the view that the content and the implementation of legislation to address those problems may be discriminatory and might not always respect the rights of victims or produce positive results. For example, the Committee notes that forced medical control of prostitutes, where such measures are not implemented with respect for clients, is discriminatory and might be counterproductive. 66. The Committee is alarmed by the widespread use of abortion as a basic means of family planning. It is also concerned about the general health situation of women, particularly in view of the spread of tuberculosis and other contagious diseases. 67. The Committee expresses concern regarding the situation of women in rural areas, in particular with regard to basic health protection and education, as well as social protection, as outlined in Article 14 of the Convention.
68. While understanding the difficult economic situation and the difficulty of reaching durable solutions to the refugee problem, the Committee expresses its concern about the precarious material and psychological conditions of women refugees. It also notes that insufficient attention has been paid to refugee women, including through failure to seek the support of relevant international agencies. 69. The Committee recommends that the Government take the steps necessary to ensure respect for, and the effective implementation of, the provisions contained in the Convention. In particular, it recommends that a definition of discrimination closely modelled on Article 1 of the Convention be incorporated in the Constitution or relevant laws. It also recommends that the provisions of the Convention be reflected in legislation, in particular legislation concerning health, education and labour. 73. The Committee further recommends the elaboration of adequate family-planning programmes, with the help of the United Nations Population Fund, so as to avoid the use of abortion as a means of family planning and thereby diminish the risks of maternal mortality resulting from unsafe abortions. 74. The Committee recommends that the Government review the legislation relating to the exploitation and trafficking of women so as to eliminate the discriminatory content of such legislation. 75. The Committee recommends that refugee and migrant women be provided with adequate information to protect them from traffickers and others who seek to exploit women for the purposes of prostitution.
BANGLADESH (1997) Concluding Observations of the Committee on Elimination of Discrimination against Women: Bangladesh, 24/07/97, A/52/38/Rev.1, Part II paras. 409-464. 438. The Committee was concerned about the fact that maternal mortality and infant mortality rates remained high and that available primary health and reproductive health services were still inadequate and often inaccessible to poor, rural and marginalized women. Moreover, family planning services still mainly targeted women, and not enough education on male responsibility in reproduction had been introduced. 446. The Committee noted the absence of adequate information and analysis, as well as programmes, directed at addressing prostitution in general. 450. The Committee encouraged the Government of Bangladesh to strengthen its primary health and reproductive health services aimed at substantially improving the health and wellbeing of women. 454. The Committee recommended the strengthening of gender sensitization and training programmes for the judiciary, police and health professionals, particularly those relating to violence against women. 459. In responding to the problem of trafficking of women and girls, the Committee recommended the stronger enforcement of the Women and Child Repression Act 1995, as well as provision of adequate assistance to women and girl victims of trafficking. The regional resolution on trafficking agreed to by the South Asian Association for Regional Cooperation in Maldives should be sustained and concretized into actual programmes.
BARBADOS (1994) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Barbados, 12/04/94, A/49/38, paras. 413-449.
423. In reference to issues raised during the consideration of the initial report, the question was asked whether the Government had taken measures to curb prostitution as a major vector in the spread of HIV/AIDS and whether programmes had been established to rehabilitate prostitutes. The representative replied that trafficking in women was illegal and covered by the Sexual Offences Act. There was also an effort to curb prostitution to deal with HIV/AIDS through public education, mass media and training of medical personnel. 440. In response to the question whether health-care bodies had improved their effectiveness in diagnosing and treating cancer since the last report, the representative stated that there were a number of efforts at early detection and treatment under the leadership of a non-governmental organization, the Barbados Cancer Society, as well as educational and promotional programmes. As a result, the impact of breast and cervical cancers had decreased. The programmes were projected for expansion into hospice care. 447. The Committee was also concerned, given the importance of tourism to the Barbados economy, to ensure that the Government was aware of the potential for an increase in prostitution. More detailed information about the incidence of prostitution, its control and the provision of health care for prostitutes should be included in the next report.
BELARUS (2000) Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Belarus, 31/01/2000, CEDAW/C/2000/I/CRP.3/Add.5/Rev.1.
15. The Committee commends the Government for recognizing violence against women as a societal problem and for initiating legislation, establishing a crisis centre for victims of sexual and domestic violence, and starting awareness-raising activities. It also commends the Government for recognizing that trafficking in women as an emerging problem requiring sustained attention. 16. The Committee notes that human rights education has been introduced into curricula, including teaching on the human rights of women. It also notes that gender education is being introduced at tertiary educational institutions. 23. The Committee expresses its concern that no unified State policy is in place to eliminate discrimination against women and achieve equality between women and men. In particular, the Committee notes with concern that the Government predominantly uses an approach of service delivery to women rather than a human rights approach when implementing the Convention. In addition, such an approach currently emphasizes the protection of and the delivery of services to women mainly as mothers and members of families, thus perpetuating stereotypical attitudes concerning the roles and responsibilities of women. 24. The Committee urges the Government to reassess its overall policy towards women in a manner that recognizes women as individuals entitled to the realization of their human rights in accordance with the Convention. It calls on the Government, in its new national action plan to improve the situation of women in Belarus 2001-2005, to take a human-rights-oriented approach. It also urges the Government to ensure that its gender equality efforts target men as well as women.
25. The Committee expresses its concern that the country's legislation, in particular with regard to women's role in the labour market, appears to be overly protective of women as mothers and thus creates further obstacles to women's participation in the labour market. 26. The Committee calls on the Government to undertake a comprehensive legislative review so as to ensure that the full meaning of article 1 of the Convention is reflected in the country's Constitution and legislation. The Committee further urges the Government to create adequate remedies for women to obtain easy redress from direct and indirect discrimination, especially in the area of employment. It also calls on the Government to improve women's access to such remedies, including access to courts, by facilitating legal aid to women and embarking on legal literacy campaigns. 27. The Committee is concerned by the continuing prevalence of sex-role stereotypes, as also exemplified by the reintroduction of such symbols as a Mothers' Day and a Mothers' Award, which it sees as encouraging women's traditional roles. It is also concerned whether the introduction of human rights and gender education aimed at countering such stereotyping is being effectively implemented. 28. The Committee recommends the training of teachers to strengthen capacity for human rights education in schools. It also recommends monitoring human rights education and gender studies with regard to the number of educational establishments offering such education, and the impact of such education. 30. The Committee urges the Government to strengthen the status, the human and financial resources, as well as the capacity of the national machinery to gather and analyse data and information, and to develop legislative and policy proposals in all areas covered by the Convention. 31. The Committee is concerned at the economic situation of women which is characterized by poverty and increasing unemployment. The Committee is further concerned about the displacement of women from the labour market, even from sectors previously dominated by women. The Committee also notes with concern that re-employed women hold positions below their levels of education and skills. The Committee is also concerned that women are employed predominantly in low paying jobs, and that a wage gap between women and men persists. The Committee expresses its concern at the economic situation of particularly vulnerable groups of women, such as those with sole responsibility for families, older women and disabled women. 32. The Committee urges the Government to establish a legislative basis that ensures women equal access to the labour market and equal opportunities to work, and to create protection against direct and indirect discrimination with regard to access and opportunities. It calls on the Government to implement unemployment policies targeted at women. In particular, it recommends measures to facilitate women's entry into growth sectors of the economy rather into traditionally female-dominated employment. It calls on the Government to support women's entrepreneurship through the creation of a conducive legislative and regulatory environment and access to loans and credit. 35. The Committee is concerned that, although some efforts have been made, there is no holistic approach to preventing and eliminating violence against women, and punishing perpetrators.
36. The Committee calls on the Government to assess the impact of measures already taken to address the incidence of violence against women. It recommends addressing the root causes of violence against women, especially domestic violence, so as to improve the effectiveness of legislation, policies and programmes aimed at combating such violence. It also recommends that the legislation on violence against women be reviewed and strengthened. It further recommends that the Government put in place immediate means of redress, increase psychological counselling for victims, including those women who are serving prison sentences. The Committee urges the Government to implement training and sensitization of the judiciary, law enforcement officials and members of the legal profession, as well as awareness-raising measures to create zero tolerance in society with regard to violence against women.
37. The Committee expresses its concern about the increasing trend in trafficking for purposes of prostitution of Belarusian women, often under false pretense. 38. The Committee encourages the Government to increase its efforts, including through international and cross-border cooperation with recipient and transit countries to prevent trafficking in women, attack its root causes through poverty alleviation and assist its victims through efforts of counselling and reintegration. 39. The Committee expresses its concern with regard to women's health throughout the life cycle. 40. The Committee urges the Government to maintain adequate and affordable physical and mental health services for women throughout their life cycle, including for older women. In particular, the Committee urges the Government to increase affordable contraceptive choices for women and men so as to increase the use of contraception. It also urges the Government to review its occupational health and safety legislation and standards, with a view to reducing protective standards which often have a discriminatory effect on women in general and pregnant women in particular. It further recommends the collection of data on illnesses that are prevalent amongst women, and to monitor the HIV/AIDS prevalence among women. The Committee also recommends further efforts by the government to address the effects on women and children of the Chernobyl disaster, availing itself of international humanitarian assistance.
BELGIUM (1996) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Belgium, 09/05/96, A/51/38, paras. 164-196.
177. The Committee expressed its satisfaction at the Government's clarification of the definition of rape to include marital rape and its campaign to combat violence against women by mobilizing the media for that purpose. It also appreciated government subsidies to shelters for victims of violence and the training programmes to sensitize law enforcement agencies in dealing with violence against women. 181. The Committee noted with interest the decriminalization of voluntary interruption of pregnancy and the observance of confidentiality in counselling women who may or may not opt for it, and welcomed the information that there had not been an increase in the number of requests for voluntary interruptions of pregnancy.
BELIZE (1999) Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Belize, 01/07/99, CEDAW/C/1999/L.2/Add.2.
18. The Committee is of the view that the Church-State system of education perpetuates an intermingling of the secular and religious spheres, which is a serious impediment to the full implementation of the Convention. The consequences of this system seriously affect girls' and women's right to education and to health, including reproductive health, protected under the Convention. 22. The Committee is seriously concerned about the consequences of the Church-State system of education on girls' and young women's right to education. In this regard, the Committee is concerned that schools are free to expel girls from school because of pregnancy, and that only a few
secondary schools allow girls to continue their education after pregnancy. The Committee notes that this not only violates the Convention, but also the Constitution of Belize. The Committee is further concerned that, under the same system, schools are allowed to dismiss unwed teachers who become pregnant. The Committee considers this also to be in violation of the Convention. While noting with appreciation the Minister's commitment, expressed during the dialogue, to work for change in this regard, the Committee notes the absence of any kind of policy or legislative initiative to reverse this situation. 23. The Committee urges the Government to place the highest priority on eliminating discrimination against women and girls in education because of pregnancy, through both legislative provisions and adequate policy measures. It calls on the Government to strengthen the role of the National Council of Education in protecting girls' and teachers' rights in education. It urges the Government to formulate needed policy and legislative measures to ensure de facto adherence to articles 10, 11 and 12 of the Convention. 26. The Committee is concerned at the high incidence of teenage pregnancy, with 23 per cent of births in 1998 being to women under 19 years of age, which, in combination with the prevention of teenage mothers from pursuing their education, is predestined to reduce women's economic opportunities and thus increase their level of poverty. The fact that 60 per cent of births to young women are unplanned is indicative of the lack of adequate family planning information and contraceptive use. The Committee is also concerned at the restrictive abortion laws in place in the State party. It is concerned that, in 1998, so-called "unspecified abortions" (abortions initiated outside the formal health sector) were the fifth cause of hospitalization, and hospitals discriminate against these women in the provision of services and care. In this regard, the Committee notes that the level of maternal mortality due to clandestine abortions may indicate that the Government does not fully implement its obligations to respect the right to life of its women citizens. The Committee is concerned that, while there are no legal barriers, the need for contraception remains unmet. 27. The Committee urges the Government to revise its abortion laws, in particular since according to the information provided, existing legislation penalizing abortion is not strictly enforced. It also urges the Government to include age-appropriate sex education in school curricula and to conduct awareness campaigns so as to reduce teenage pregnancy rates and to increase girls' and women's life choices. The Committee also urges the Government to implement programmes and policies aiming to increase knowledge about, and availability of, various types of contraceptives, with the understanding that family planning is a joint responsibility of both partners. 28. The Committee is concerned at the high incidence of HIV/AIDS infection in the country. 29. The Committee recommends that the Government implement awareness-raising programmes and policies about the prevention of HIV/AIDS and encourage the use of condoms. 30. The Committee invites the Government to assess the mental health status of women in Belize, and to include information thereon in its next report. 31. Noting the recent revision of the Criminal Code with regard to repealing the need for corroborating evidence in sexual offence cases, including rape, the Committee remains concerned that the existing provision demands higher evidentiary requirements in these cases than for other crimes. The Committee is concerned that this constitutes a serious impediment to women seeking justice in sexual offence cases, and thus to the elimination of discrimination. 32. The Committee recommends that the Criminal Code be kept under review with a view to placing sexual offences and violence on a par with other criminal offences. It also urges the Government to ensure that investigation and prosecution of rape and sexual offence cases are conducted as rigorously as in other criminal cases. The Committee urges the Government to seek, as a priority, the repeal in the Criminal Code of the marital immunity relating to rape.
35. The Committee notes a lack of data disaggregated by sex and age, including a breakdown by urban and rural categories, on health issues, illiteracy rates and the situation of immigrant women. 36. The Committee recommends that the Government improve data collection through its census to create a better basis for gender-sensitive policy-making and, to that end, seek technical and financial support from international agencies. 37. The Committee commends the Government for the introduction of the Commonwealth gender management system to ensure that a gender perspective is reflected in all governmental policies and programmes, and requests that an assessment of progress made in this regard be included in the next report.
BOLIVIA (1995) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Bolivia, 31/05/95, A/50/38, paras. 42-104. 64. As prostitution existed in practically every country in the world, members felt that Bolivia should not have any misgivings about its "indirect approval" referred to in paragraph 86 of the report and considered the practice of periodic medical examinations of prostitutes a laudable measure. Further information was requested about the number of women prostitutes, their social strata, the conditions under which they worked and the measures taken for their social reintegration. 65. Regarding any possible protection of prostitutes against the human immunodeficiency virus (HIV)/acquired immune deficiency syndrome (AIDS), the representative said that although the National AIDS Programme foresaw measures of prevention for prostitutes, no corresponding laws had as yet been adopted. 67. Regarding a question about the meaning of "offences against sexual morality", the representative said such offences ought to be eliminated from the Penal Code as they were discriminatory against women. 82. Asked about abortion, the representative explained that it was legal only in cases of rape and danger to the mother's life. She did not give the actual rate of abortion, but said that it was widespread and carried out in unsafe conditions. It accounted for 30 per cent of maternal mortality. The Government did not intend to legalize abortion. Asked about consciousness-raising programmes for family-planning schemes, she said that the Government fully endorsed the declaration adopted at the World Conference on Population and Development held at Cairo in 1994 concerning reproductive rights and sexual education for teenagers in view of the health of the family. 83. It was asked whether there was a constitutional or legal basis for the high fertility rate of women or whether the reasons lay within societal or cultural aspects. Comments were made on the chronic malnutrition affecting women and it was asked what percentage of women, in general, had access to safe motherhood, what the situation was in rural areas and which measures the Government had initiated to reduce teenage pregnancies and the high level of maternal mortality.
84. Members asked whether victims of rape could report the incidents to the public prosecutors, and if so, whether measures were being taken to lift any legal bias against rape victims. Members asked further whether crisis centres took care of victims of rape or other sexual abuse and how the police and the courts were handling cases of violence against women and whether they received any training on these matters.
BOSNIA AND HERZEGOVINA (1994) Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Bosnia and Herzegovina, 12/04/94, A/49/38, paras. 732-757.
734. The representative of Bosnia and Herzegovina referred to the mass and systematic rape of non-Serbian women of all ages, stressing that the majority had been Muslim Women, as one of the most complex manifestations of aggression, the policy of ethnic cleansing and a particular form of genocide. According to the State Commission in Bosnia and Herzegovina, approximately 25,000 victims had been registered. Women had also been victims of massive deportation and detention in most of the 200 registered camps in the occupied territories. Those camps were the scene of large-scale rapes, forced prostitution and other abuses. She provided examples of camps, restaurants and hotels where such abuses took place on a massive scale. In some cases, after being raped, women were killed, had disappeared or had committed suicide. Those actions were premeditated, carefully organized and meant as acts to humiliate, shame and degrade the entire ethnic group. They were not just products of the "war environment". Some acts of violence against women's integrity took place in front of their family members, or even local communities. She referred further to the reports of experts, submitted to the General Assembly or the Security Council, for example, the report of the Special Rapporteur (A/48/92-S/25341), as well as the relevant resolutions of those organs (General Assembly Resolution 48/143; Security Council resolutions 780 (1992) and 798 (1992)), in which they strongly condemned those acts and pointed to the consequences of those crimes for their victims, such as unwanted pregnancies, mainly ending in abortions, and physical and psychological damage, ruining their family, social and private lives as well as their health and wellbeing. For the nation it meant humiliation, disintegration of tradition and culture. In order to assist the victims, the Government had committed itself to their protection, focusing on financial, medical and psychotherapeutic help as well as the prevention of any form of discrimination and assistance in their reintegration into society. The issue was addressed in the work of some non-governmental organizations and several centers had been opened to assist traumatized women. 738. Asked whether there were any specific machinery for women providing them with humanitarian and legal assistance and information about their rights and the Convention, the representative answered that she was not aware of any specific mechanism dealing separately with women's issues. People had many more immediate and dramatic needs that the Government had to address, such as the lack of water, food, fuel, other basic goods, medicines and shelter in the besieged cities. Initiatives and structures related to the advancement of women had existed before the war. She would, however, provide more details in the next report. 739. Other questions related to the specific assistance provided to women victims of rape; the exact number of therapeutic and rehabilitation centers for women victims of violence; and the ways in which women were involved in their organization. It was also asked whether the denunciation of the rapes by the international public opinion and media was helpful. 740. In reply the representative stated that there were specific centers for all traumatized women, providing psychotherapy, consultations and other forms of assistance to alleviate their plight. Although those centers assisted women victims of rape, they were also accessible to other war victims in order not to label and single out raped women. She was not able to provide comprehensive information on those centers, and she stated that any assistance from the international community with regard to alleviating the consequences of that traumatic situation for women was helpful.
741. With regard to the request for more detailed information about how the number of 25,000 women victims of rape had been estimated, the representative replied that it was difficult to compile the full evidence in the conditions of war. Certain camps were not accessible even to the official investigating teams, or had often been relocated or closed if the inspection was expected. Certain parts of the country had not been accessible until now. Besides, many women were not willing to provide testimony, but rather preferred to put the tragedy behind them and move on with their lives. Thus, the data compiled by the State Commission had been based on the reports of various commissions, women's testimonies, information provided by women's groups and refugee women. The figure of 25,000 had been carefully estimated and was considered on the low side. She further pointed to the necessity to distinguish between the rape that was known to take place in the environment of war and disorder and the genocidal rape of women in her country, which was a matter of policy and was used as means of warfare to achieve the goals of ethnic cleansing, to humiliate the nation and the ethnic group, to result in forced pregnancies reminding women of the terror and preventing them and their families from leading normal lives. Thus, attempts to educate society how to help the victims and cope with the situation were very important. 742. The experts further asked who specifically dealt with the consequences of violence against women, including forced pregnancies, what measures had been taken in that respect by the Government and non-governmental organizations and whether there were any women's support groups. It was asked whether abortion was accessible to women victims of rape if they decided to undergo it; what was the legal status of children born as a result of rape and whether they were taken back by the families or placed in orphanages. 743. In reply, the expert stated that, in assisting traumatized women, the Government could not go much beyond the measures already described in her presentation. Daily preoccupation with such essential matters as the provision of fuel, food, clothing and medicines; maintenance and reconstruction of electricity, water, telecommunication and transportation lines; restoration of houses, shelters and hospitals absorbed fully the Government. Besides, the war was still going on and creating additional daily demands. There was no information on the number of abortions performed as a result of rape. However, it was assumed that a number of women decided to give birth to the child, neither admitting nor discussing the fact that it had been conceived as the result of rape. There were, however, also the cases of self-inflicted abortions, reported by some grass-roots organizations. Although the law permitted abortion, it was not always possible in practice owing to scarce medical facilities. There was also no specific information on children born as the result of forced pregnancies and the incidence of rape. Numerous non-governmental organizations carried out various forms of medical, psychological and therapeutic activities aimed at assisting those women, helping them to cope with the situation, to go on with their lives. Some other nongovernmental organizations focused on the collection of data and testimonies from women victims of rape in order to prepare for court proceedings, including the future presentation of cases at the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. Those women's groups often received assistance and training from women's networks in other countries, mainly in the West.
749. In reply to questions related to the medical needs of women, in particular specific needs of women victims of rape, and the overall state of the health services, the representative replied that, although the level of medical services had been very high in the past, they had been largely destroyed through the war and were affected by the lack of basic equipment and medicines. Thus, the capacity of those services had been very limited and continued to be affected on a daily basis by shelling or siege.
BULGARIA (1998) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Bulgaria, 14/05/98, A/53/38, paras. 208-261.
243. Although some information is provided about measures to combat trafficking in women, the Committee remains concerned about the adequacy of the response so far. The Committee is concerned about the extent of the problem, regarding both Bulgarian women who are led into prostitution in other European countries by organized crime, as well as women from other countries who have fallen into prostitution in Bulgaria. The Committee notes the Government's undertaking to give priority to international cooperation on this issue and looks forward to information about the progress achieved in the State party's next report.
CANADA (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Canada, 29/01/97, A/52/38/Rev.1, paras. 306-343. 328. The Committee was concerned about the rising teenage pregnancy rate, with its negative impact on health and education and the resulting increase in the poverty and dependency of young women. 329. The Committee expressed its concern about the trend towards the privatization of health care programmes, which could seriously affect the accessibility and quality of services available to Canadian women, especially the most vulnerable and disadvantaged.
CHILE (1999) Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Chile, 09/07/99, CEDAW/C/1999/L.2/Add.1. 23. The Committee notes with concern that prevailing social patterns, including adolescent girls dropping out of school because of early pregnancy, domestic tasks allotted to girls and women, and the obligations assigned to women and men who are married reveal that deep-rooted social and cultural prejudices persist that negatively affect the achievement of equality for women. The Committee is concerned that changes in legislation, although positive, have been insufficient to bring about full de facto equality between women and men.
25. The Committee urges the Government to strengthen actions undertaken through comprehensive strategies, including temporary special measures in accordance with article 4.1 of the Convention, to encourage greater participation of women in public life, particularly political decision-making and to promote changes in attitudes and perceptions both of women and of men, with regard to their respective roles in the home, the family, the workplace and society as a whole. In particular, the Committee recommends that the Government take into account General Recommendations Nos. 21 and 23 (on equality in marriage and family relations, and women in public life) and that it strengthen and intensify actions aimed at raising awareness of the importance of the multiple roles, activities and contributions of women in the community and family, and in general to promote equality of rights and opportunities between women and men. 26. The Committee expresses concern at the high rate of teenage pregnancy and the fact that a large percentage of those young women are single mothers and many of these girls are in early adolescence. The Committee notes that a substantial number of teenage pregnancies can be linked to
acts of sexual violence against adolescent girls. It also notes that many girls are made pregnant by adolescent boys. The Committee further notes with concern that only pregnant girls are expelled from private schools at the secondary and preparatory levels. 27. The Committee recommends that the Government and SERNAM give priority to an examination of the situation of adolescents and urges the Government to adopt various measures to address the sexual and reproductive health services and information needs of adolescents, including through the dissemination of family planning and information on contraceptive methods, through, inter alia, implementation of effective sex education programmes. It also urges the Government to make all efforts to ensure the passage of a law explicitly prohibiting that adolescent girls be expelled from private and public schools because of pregnancy. 28. The Committee is concerned at the insufficient recognition and protection of the reproductive rights of women in Chile. The Committee is especially concerned at the laws prohibiting and punishing any form of abortion. This law affects women's health, increasing maternal mortality, and causes further suffering when women are imprisoned for violation the law. The Committee is also concerned that women can only undergo sterilization in a public health institution. It is also concerned that a husband's consent is required for sterilization and a woman who wishes to be sterilized must already have four children. The Committee considers these provisions to violate the human rights of all women. 29. The Committee urges the Government to consider a review and amendment of the laws relating to abortion, in particular to provide safe abortion and to permit termination of pregnancy for therapeutic reasons or because of the health, including mental health, of the woman. The Committee also urges the Government to revoke laws which require health professionals to report women who undergo abortions to law enforcement agencies and which impose criminal penalties on these women. It also requests the Government to strengthen its actions and efforts aimed at the prevention of unwanted pregnancies, including by making all kinds of contraceptives more widely available without restriction and granting women the right to undergo sterilization without requiring their husband's - or anyone else's - prior consent. In that connection, the Committee suggests that the Government take note of General Recommendation No. 24 on article 12 women and health. 31. The Committee requests the Government to include in its next report data on the content and implementation of the new plan for equal opportunity 2000-2010 which is under preparation, as well as statistics on the status of women workers, improvements in their living conditions, child-care facilities and the problem of sexual harassment in the workplace. 32. The Committee also requests the Government to include data on progress in the situation or rural and indigenous women, especially as regards their health, employment and educational status in its next report.
(1995) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Chile, 31/05/95, A/50/38, paras. 105-159. 127. Members expressed concern about the high number of rapes reported and requested information on the legal and practical measures taken to combat that situation. 128. Members expressed concern regarding the situation of women prostitutes and their vulnerability to violence. In reply, the representative recognized that Law No. 19.325 referred only to domestic violence and excluded prostitutes, which were under criminal law. She emphasized that in Chile the practice of prostitution was not condemned and added that sanitary control of women prostitutes was guaranteed. She agreed with the suggestion that studies and statistics on this specific group should be developed in order to focus policies and programmes,
also in view of the danger of HIV infection of prostitutes. 138. Members noted the alarming levels of teenage pregnancy and inquired whether action was going to be directed to that sector of the female population, specifically regarding access to education. The representative replied that a special programme was planned in cooperation with the United Nations Population Fund (UNFPA) to prevent early pregnancy and give support to pregnant adolescents. The project consisted of providing information in schools and a study of sexuality among Chilean youth and dissemination of its results. An administrative circular issued by the Ministry of Education had prohibited discrimination against pregnant students but it had not been implemented in most schools because it was not a law. Efforts were being made by the Government, in the Parliament and through public opinion to transform it into law. 139. Members were seriously concerned by the fact that though abortion was illegal, it was nevertheless practised widely. They inquired whether the Ministry of Health was proposing concepts of family planning, how illegal abortions were recorded and how rural women could afford it. In response, the representative replied that Chile had signed the final document of the International Conference on Population and Development at Cairo without any reservation. Although family planning policy had been neglected for many years, the Ministry of Health was handling a programme for paternal responsibility, informing men and women of the various means of contraception. She recalled that the Government considered the practice of abortion a serious public health problem, that it could not be seen as a means of contraception and that its prevention was one of the purposes of the family planning policies. The family planning policies sought to improve the health conditions of mothers and children while affirming the rights of every family to have the number of children it desired. 140. The representative, in response to questions on consciousness-raising activities regarding HIV and acquired immunodeficiency syndrome (AIDS), replied that a special commission had been set up among various ministries and that campaigns had been organized in the media. She added that action was very slow because there was no consensus on the issue among social sectors and religious organizations. 158. The Committee recommends a revision of the extremely restrictive legislation on abortion, taking into account the relationship between clandestine abortion and maternal mortality.
CHINA (1999) Concluding Observations of the Committee on the Elimination of Discrimination against Women: China, 03/02/99, CEDAW/C/1999/I/L.1/Add.7. 22. The committee commends the Government for further strengthening the legislative framework to ensure equality between women and men. It notes in particular the 1992 Law on the Protection of the Rights and Interests of Women (the "Women's Law"), the 1995 Mother and Child Health Law, the 1996 and 1997 amendments of the criminal law with regard to trafficking in women, the 1996 Law on the Protection of the Rights and Interests of the Elderly concerning social security provisions for the elderly, and the recent revision of the law on adoption.
24. The Committee welcomes the overall increase of facilities and personnel for maternal health care, the greater access to family planning services and to primary health care. It commends the Government for its collaboration with the United Nations Population Fund to initiate a pilot family planning programme, based on voluntary participation, information and freedom of choice. The Committee welcomes in particular the Government's strong and unequivocal objection to the use of coercive measures in implementation of its population policy. 35. The Committee is concerned about the diverse forms of violence against women in China, including custodial violence, including sexual abuse, domestic violence, sexual violence and sexual harassment in the workplace. The Committee is also concerned that economic conditions may contribute to an increase in violence against women. 38. The Committee is concerned that prostitution, which is often a result of poverty and economic deprivation, is illegal in China. 39. The Committee recommends decriminalization of prostitutes. Given the HIV/AIDS pandemic, the Committee also recommends due attention to health services for women in prostitution. The Government is also urged to take measures for the rehabilitation and reintegration of prostitutes into society. 41. The Committee urges the Government to investigate reports of local officials' involvement in trafficking and the exploitation of prostitution, and to prosecute all persons engaged in such practices
47. The Committee is concerned about the consequences of women's loss of employment, or of interrupted employment, on women's rights to housing, health care and social security. 49. The Committee recognizes that population growth is a genuine and severe problem and that considerable progress has been made in providing family planning services, but expresses concern at problems associated with the implementation of China's population policy, including the following: the Committee notes with concern that only 14 per cent of men use contraceptives, thus making contraception and family planning overwhelmingly a woman's responsibility. In the light of the fact that vasectomy is far less intrusive and costly than tubal ligation, targeting mainly women for sterilization may amount to discrimination. b) Notwithstanding the Government's clear rejection of coercive measures, there are consistent reports of abuse and violence by local family planning officials. These include forced sterilizations and forced abortions, arbitrary detention and house demolitions, particularly in rural areas and among ethnic minorities. c) The Committee is concerned about the growing disparity in the male/female sex ratio at birth as an unintended consequence of the population policy, owing to the discriminatory tradition of son preference. The shortage of females may also have long-term implications regarding trafficking in women; d) The Committee is concerned about illegal practices of gender-selective abortion, female infanticide and the non-registration and abandonment of female children. The Committee expresses particular concern about the status of "out-of-plan" and unregistered children, many of them girls, who may be officially non-existent and thus not entitled to education, health care or other social benefits. 50. The Committee urges the Government to examine the ways in which its population policy is implemented at the local level and initiate an open public debate thereon. It urges the Government to promote information, education and counselling in order to underscore the principles of reproductive choice and increase male responsibility in this regard. The Government should make clear that coercive and violent measures are prohibited and enforce such prohibition through fair legal procedures that sanction a)
officials acting in excess of their authority. It also urges the Government to introduce gender-sensitivity training for family planning officials. 51. Recognizing that male children, especially in rural and remote areas, remain responsible for supporting people in old age, the Government should explicitly address the linkages between economic security in old age and its family planning policies. It should take all appropriate measures to modify and eliminate son preference, inter alia, by expanding educational and employment opportunities for women in rural areas. The Government should enforce laws against sex-selective abortion, female infanticide and abandonment of children and remove all legal disabilities from "out-of-plan" and unregistered children.
Hong Kong Special Administrative Region 74. The Committee recommends that the Adminstration enhance services for survivors of domestic violence, including domestic workers, with a view to their empowerment and rehabilitation, including through psychological counselling, legal aid and temporary shelter and appropriate health services. The Committee also urges the amendment of existing legislation to include marital rape as a criminal offence. It requests the Government to provide information on sexual crimes, including rape and marital rape, in its next report under Article 18 of the Convention. 75. The Committee notes that while prostitution itself is not unlawful, provisions to ensure the health and safety of sex workers are unclear, and there may be discrimination against women in the enforcement of related crimes. 76. The Committee recommends that adequate regulations to protect women sex workers be put in place and enforced. It also recommends that the Government monitor the links between the presence of migrant women, a regulatory approach to prostitution and trafficking in women.
COLOMBIA (1999) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Colombia, 04/02/99, CEDAW/C/1999/I/L.1/Add.8
17. The Committee takes note of the significant progress that has been achieved with the adoption of legislative measures for the protection of women. The 1991 Constitution provides for the equality of men and women before the law and defines discrimination. In accordance with the Constitution, important social legislation has been enacted, including legislation on education, social security, dissolution of religious marriages, protection of women heads of household and punishment of sexual abuse and domestic violence. 22. The Committee notes with concern the persistence of widespread violence as a result of the armed conflict in the country. Women are the principal victims of that and there are tens of thousands of displaced women and female heads of household who lack the resources needed for their survival in a situation in which they are called upon to assume greater responsibilities, both reproductive and productive, towards their families and communities. 39. The Committee is concerned that there is currently before Congress a bill to decriminalize domestic violence at both the civil and criminal level, passing responsibility for dealing with these human rights violations to an administrative court.
40. The Committee recommends that the bill be reassessed, since it represents a step backwards from the progress achieved by the country in legislative terms in tackling and confronting the problem of domestic violence and sexual abuse. 41. The Committee is concerned that, although national legislation condemns inhuman and degrading treatment, many women are forced to become prostitutes in order to survive and there is traffic in women. Preventive mechanisms are lacking and the State has little capacity to confront the national and international criminal organizations engaged in procurement, which operate with a high degree of impunity. 42. The Committee recommends that the Interinstitutional Committee that has taken various measures to prevent and punish traffic in women should organize a more energetic and effective work strategy in order to deal with this serious phenomenon. 43. The Committee is extremely concerned at the situation of street children, particularly girls, and respect for their human rights and physical integrity.
53. The Committee is concerned that, although maternity protection is ensured by law and provision is made for maternity leave in the relevant legislation, the law is sometimes broken and women must meet certain requirements in order to have access to jobs, such as undergoing pregnancy tests. 54. The Committee recommends that steps be taken to ensure compliance with the law and that those who engage in such discriminatory practices are punished. It also reiterates that women must be made aware of their rights through wider dissemination of legislation providing protection for them as workers. 55. While welcoming preventive measures taken by the Government, the Committee notes with concern that child labour is widespread in Colombia. It notes that child labour frequently results in the exploitation of girls and the violation of their rights to health, education and future opportunities. It welcomes the preventive measures taken by the Government, including the fact that it has set a minimum age for employment. 57. The Committee notes with great concern that abortion, which is the second cause of maternal deaths in Colombia, is punishable as an illegal act. No exceptions are made to that prohibition, including where the mother's life is in danger, to safeguard her physical or mental health or in cases where the mother has been raped. The Committee is also concerned that women who seek treatment following induced abortion are subject to prosecution, and that women seeking illegal abortions and doctors who perform them are subject to prosecution. The Committee believes that the legal provisions on abortion constitute violations of the rights of women to life and health and of Article 12 of the Convention. 58. The Committee calls on the Government to consider taking immediate action to provide for derogations from this legislation. Furthermore, it asks the Government to provide regular statistics on maternal mortality by region. 59. The Committee is concerned that sterilization is the most widely used family planning method. 60. The Committee recommends that information on the use of contraceptives be more widely disseminated, that efforts be taken to ensure that women, including women in the most vulnerable populations, have access to affordable contraceptives. It also recommends action to
promote the use of contraception by men, particularly vasectomy. 61. The Committee is concerned at the situation of women in rural areas, where there is a considerable lack of basic services infrastructure, low health and education coverage, and lower quality of life for most of the population, which is compounded in the case of women for many reasons, including the impact of civil strife and domestic violence. These factors impede the integration of women in development and increase the vulnerability of rural women to discrimination. 62. The Committee recommends that existing programmes be expanded with a view to improving the status of rural women, particularly among displaced populations, and that, as a matter of priority, attention be focused on rural women with a view to improving their health, education and quality-of-life indicators. The Committee recommends that those involved in planning and programme implementation receive gender sensitive training. It recommends the introduction of micro-credit programmes to improve economic situation of women, as well as programmes to improve the enjoyment by rural women and displaced women of their human rights to health and education. (1995) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Colombia, 31/05/95, A/50/38, paras. 602-615. 608. The Committee attached particular importance to the 1991 Constitution, which contains several Articles concerning the Convention on the Elimination of All Form of Discrimination against Women and the General Recommendations of the Committee, as well as a number of decisions by the Constitutional Court with regard to: (1) the ruling against an educational institution for expelling a girl because she was pregnant; the institution was required to readmit her; (2) the requirement to include sex education in primary education. 612. The Committee criticized the high number of miscarriages and the maternal mortality rate resulting from them, which made it consider the possible need to amend the legislation in force and the necessity to continue to promote the spread of family planning, particularly in rural areas. (1994) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Colombia, 12/04/94, A/49/38, paras. 450-498.
467. The representative said that, in the mass media, as well as in formal education, traditional stereotypical gender roles still tended to be reproduced and maternity and reproductive activities remained the primary responsibility of women. 468. Asked for additional information regarding violence against women, the representative said that, in comparison with the importance of that problem, the services available to female victims were still scarce. Statistics and studies were insufficient and based on partial data, yet the available information was alarming. According to a recent study, 65 per cent of women who were either married or lived in consensual unions stated that they had had a violent fight with their partner. One in 5 women said that they had been beaten and 1 in 10 declared that they had been forced into sexual relations. The current legislation did not cover that offence, nor were there sanctions for violence against women. As the Constitution made specific reference to marital violence, efforts were under way to adopt appropriate legal norms to penalize violence against women.
475. In reply to the question whether HIV/AIDS prevention and treatment programmes were targeted at women engaged in prostitution, the representative said that, since 1992, the Ministry of Health had been training prostitutes in the prevention of HIV/AIDS and in the use of condoms. Those training programmes were confined to the main cities. The prevention of HIV/AIDS through screening programmes was also difficult because of the high cost involved. Apart from some big cities, there were generally as yet no services specifically for the care of women prostitutes affected by HIV/AIDS. In December, the Institute of Family Welfare had started an ambitious programme for preventive and health care for girls who were at risk of becoming prostitutes. 476. Members requested that subsequent reports contain further information concerning prostitution. They also said that particular attention should be paid to the phenomenon of increased street prostitution. Some expressed concern that only rape of minors below the age of 14 was penalized very strictly, considering that aged and disabled women were equally vulnerable. 490. In reply to a question about plans to amend the existing laws governing the voluntary termination of pregnancies, the representative said that abortion was still illegal. The last attempt to legalize abortion had been made in 1993, but the draft law had had to be set aside because of strong opposition from members of Congress. 491. Regarding a question about campaigns to promote the use of condoms in order to reduce the spread of HIV/AIDS, the representative said that, in spite of massive resistance from religious groups, the Ministry of Health had managed to set aside important resources for an intensive media campaign to promote their use. None the less, widespread distribution of condoms had not been achieved. 492. In additional comments, members said that women in Colombia should fight for the legalization of abortion not in order to reduce births, but in order to protect women from illegal abortions, which resulted in maternal mortality. They said that the problems associated with abortion had not been helped by the Government's family planning media campaigns and programmes. CROATIA (1998) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Croatia, 14/05/98, A/53/38,paras.80-119.
104. The Committee expresses concern that data has not been collected in some areas. In particular, the Committee is concerned that minimal attention has been paid to the issue of women living in poverty and that no sex-disaggregated data are available on that topic. It is also concerned that no sexdisaggregated data have been collected on human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) and that no reliable data had been collected on teenage pregnancy.
109. In the area of health, the Committee is particularly concerned that services pertaining to women's reproductive health are the first to be affected as a result of the Government's financial constraints. It is also concerned about information regarding the refusal, by some hospitals, to provide abortions on the basis of conscientious objection of doctors. The Committee considers this to be an infringement of women's reproductive rights.
CUBA (1996) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Cuba, 09/05/96, A/51/38, paras. 197-228. 207. The Committee noted the negative effect of the economic embargo on the country. This, combined with the dissolution of the Union of Soviet Socialist Republics and its socialist allies, with which Cuba had maintained close economic, commercial and collaborative ties, had had serious repercussions for the Cuban economy. As a result, some of the programmes to promote equal opportunities and to eliminate stereotypes between women and men had been curtailed or suspended, and the food situation in general had deteriorated. 211. The steady decline in maternal mortality, owing largely to improved care for pregnant women and better care for children in their early years, was noted by the Committee. It was also noted that deciding the number and spacing of one's children had been proclaimed a fundamental human right. 219. The Committee also noted that the economic situation in Cuba resulting from the economic embargo had produced a serious shortage of essential products like medicines and contraceptive devices, which had been problematic for the population as a whole, and for women in particular. 224. The Government should do everything possible to meet the demand for contraceptives. Special information programmes relating to sexually transmitted diseases, especially HIV/AIDS, should be strengthened for young girls, particularly those engaged in prostitution, in keeping with general recommendation 15.
CYPRUS (1996) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Cyprus, 09/05/96, A/51/38, paras. 37-66.
50. The Committee welcomed the introduction of legislation on violence against women within the family, in particular clarifying that marital rape is a criminal offence. In addition, the law gives full protection to victims while imposing severe penalties upon the perpetrators, and facilitates the reporting of violence through primary health care providers. The Committee also welcomed the establishment of counselling services and the Government's contribution to support a crisis centre for victims of violence run by a voluntary association. 53. The Committee noted with great concern the information on international trafficking of women and of their sexual exploitation, including women from other countries, in violation of Article 6 of the Convention. 55. The Committee expressed its concern that the Government treats the low fertility rate in Cyprus as a reason for retaining the existing criminal law restrictions on abortion.
64. The Committee encourages the Government to generate systematic data disaggregated by sex in all areas, and in particular in health needs and services to assist in policy planning.
CZECH REPUBLIC (1998) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Czech Republic, 14/05/98, A/53/38, paras.167-207.
181. The Committee notes that there have been significant gains in the status of women in the Czech Republic, particularly with regard to education and participation in economic life, as well as social support services, such as child care. 182. The Committee is also happy to note the high standards of health coverage in general, and for maternal health in particular, that exist throughout the Czech Republic. In this context, it is especially gratified to note the exceptionally low infant and perinatal mortality rates attained by the Czech Republic. 196. The Committee also notes with concern the increase in over-protective measures for pregnancy and motherhood, as well as early retirement policies for women. It also noted that the cultural glorification of women's family roles could exacerbate the negative impact of economic rationalization policies on women. 197. The Committee is very disturbed about the high rate of induced abortions in the Czech Republic, particularly in the face of the wide availability of contraceptives. It is further dissatisfied to learn about the lack of information and training of health professionals with regard to contraceptives. Owing to the partial nature of the information provided in the oral report, the Committee is not entirely satisfied with the information provided on women's general health in the Czech Republic.
DEMOCRATIC REPUBLIC OF THE CONGO (2000) Concluding observations of the Committee on the Elimination of Discrimination against Women : Democratic Republic of the Congo, 01/02/2000, CEDAW/C/2000/I/CRP.3/Add.6/Rev.1.
18. The Committee notes with concern that despite some legislative gains, the Family Code, the Penal Code and the Labour Code still contain discriminatory provisions. 19. The Committee recommends that the Government give the highest priority to the adoption of legislation to protect the de jure and de facto equality of women, and to the enforcement of this legislation. 21. The Committee encourages the Government to find the necessary resources to entrench the principle of gender equality, particularly ensuring the equal participation of women and men at all levels. 22. The Committee is concerned at the persistence of traditional customs and practices which are violations of women’s fundamental rights, such as dowry, the levirate, polygamy, forced marriage and female genital mutilation. 23. The Committee urges the Government to enact legislation to prohibit such practices and prosecute perpetrators of such practices. It also recommends that the Government work with nongovernmental organizations and the media to change attitudes through information and awareness-raising campaigns, the teaching of the Convention in schools and the translation of the Convention into local languages so as to accelerate women’s enjoyment of their human rights.
The Committee is gravely concerned at the reports of women who are raped, assaulted or tortured during the war. It is also concerned at the situation of refugee and displaced women suffering from the consequences of war and at the psychological and mental trauma experienced by women and girls as a result of the forced conscription of children. The Committee recommends that the Government adopt specific and structural measures, including legislation to protect women from such acts and provides to women victims of violence psychosocial support and socio-economic integration measures. It also requests the Government to introduce awareness raising measures to emphasize the importance of maintaining human rights standards in times of war. It calls on the Government to ensure that children are not recruited as soldiers. 26. The Committee is concerned about the extent of prostitution, often resulting from poverty, and particularly prostitution of girl children. 27. The Committee urges the Government to adopt and enforce laws that prohibit the prostitution of girl children, as well as to introduce appropriate measures for the social rehabilitation of prostitutes and to ensure that psycho-educational services are provided, in particular to young prostitutes. In addition, in view of the human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) pandemic in the Democratic Republic of the Congo, full attention must be paid to the provision of health services for prostitutes. 30. Notwithstanding the efforts made by the Government in the sphere of education, the Committee remains deeply concerned about the low rate of school enrollment of girls, and also the high drop-out rate of girls and the high female illiteracy rate, especially in rural areas. 31. The Committee encourages the Government to step up its efforts by establishing specific programmes to reduce female illiteracy and promote the access of girls to secondary schools. The Government should also envisage the provision of free primary education. 32. The Committee is concerned about de jure and de facto discrimination against women with regard to the right to work, particularly the requirement of the husband’s authorization of a wife’s paid employment and reduction of pay during maternity leave. 33. The Committee urges the Government to amend discriminatory laws in the sphere of employment, in accordance with article 11 of the Convention. 34. The Committee notes with deep concern the high rates of maternal and infant mortality, the low rate of contraceptive use, particularly in rural areas, and the decline in health services. 35. The Committee calls upon the Government to make efforts to improve the use of contraceptive methods, to repeal article 178 of the Penal Code, which prohibits the dissemination of contraceptives, and to provide sex education for young people. The Committee requests that the Government promote the improvement of health services for women throughout their life-cycle, taking into account the Committee’s general recommendation 24 on women and health. The Committee is concerned about the situation of rural women, who constitute the majority of the population. In addition, customs and beliefs are most broadly accepted and followed in rural areas, preventing women from inheriting or gaining ownership of land and property. The Committee urges the Government to pay the greatest attention to the needs of rural women and to ensure that they benefit equally from the policies and programmes adopted in all spheres, including recognition of their status as agricultural workers who should benefit from the rights accorded by labour law. Rural women's equal particiaption in decisoon-making and access to health services and credit should also be ensured. The Committee also recommends that more studies be undertaken on the situation of rural women and that more statistical data should be collected to provide guidelines for policies in this sphere.
The Committee expresses concern about food taboos which are not only detrimental to the health of women, especially mothers, but also have serious consequences for the health of future generations. The Committee recommends that the Government address the issue of eliminating such food taboos by raising awaeness about their detrimental effects on the health of women.
(1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Democratic Republic of the Congo, 21/01/97, A/52/38/Rev.1, paras. 344-351.
347. The representative stated that eastern Zaire was in a state of rebellion, and as many as 600,000 Zairians, predominantly women and children, were displaced within the country. At the same time, Zaire was host to a significant number of refugees from Rwanda and Burundi. Many persons, including women and children, both Zairians and refugees, had fallen victim to violence, including murder, rape and other abuses. 350. The Committee was of the view that effective and immediate measures needed to be taken to protect the physical and moral integrity of refugee and displaced women and of all women victims of armed conflict. 351. The Committee encouraged the State party, when presenting its initial and subsequent reports, to provide information on the consequences of armed conflict within Zaire for the lives of Zairian women, as well as for the lives of refugee women from countries neighbouring Zaire.
DENMARK (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Denmark, 27/01/97, A/52/38/Rev.1, paras. 248-274.
264. The absence of a specific law on violence against women was noted as a principal deficiency. The Committee expressed a desire to have fuller information about the actual incidence of violence, rape and incest and was concerned about the absence of specific legislation and/or measures to sensitize the police, the judiciary or the public in general regarding those issues. 265. The Committee noted with concern that stereotypical perceptions of gender role continued to exist in society and were related to the perseverance of attitudes and behaviour that kept women away from decision-making positions and kept men from assuming an equal share of family responsibilities. 269. In particular, more efforts should be made to determine whether trafficking in women and exploitation of prostitution are taking place and whether new communications technologies, especially the internet, are being used for such purposes.
273. In addition to information relating to the recommendations above, the Committee requested that the next report include information on:
(a) Implementation of the Beijing Platform for Action and of the commitments announced by Denmark at the Fourth World Conference on Women; (b) The number of women and men who work: (i) part-time; (ii) on a flexible schedule; and (iii) outside the workplace, using new technologies;
(c) The steps taken by trade unions and business organizations to implement the principle of equal pay for work of equal value; (d) The use, in cases of abortion, of the RU-486 pill; (e) The number of women who use medically assisted reproduction techniques and the number of children adopted;
DOMINICAN REPUBLIC (1998) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Dominican Republic, 14/05/98, A/53/38, paras. 312-353.
332. The Committee expresses concern that, notwithstanding legislative achievements, discriminatory provisions continue to exist, including in the civil code, the nationality law and marriage and family laws, especially in areas such as the administration of marital property. Discriminatory provisions regarding unmarried women, as well as single mothers, persist in social security provisions and in land inheritance rights under the agrarian reform law. The Committee notes with concern the continuing absence of the principle of equality from the country's constitution. 333. The Committee expresses deep concern about the economic consequences of women's poverty. Women's migration to urban areas and to foreign countries render them susceptible to sexual exploitation, including trafficking and sex tourism, and prostitution. The lack of creation of jobs for women in growth sectors, including in the tourism industry, contributes to the high percentage of women migrating abroad in search of work. The Committee is concerned that notwithstanding the high level of poverty among women, and especially of women-headed households, no affirmative action measures are being taken to support women's efforts to break the cycle of poverty. 337. The Committee expresses deep concern with respect to the high rate of maternal mortality which is caused, as is noted in the report, by toxaemia, haemorrhages during childbirth and clandestine abortions; the Committee also notes that toxaemia may be caused by induced abortions. The high rate of maternal mortality, in conjunction with the fact that abortions in the Dominican Republic are absolutely and under all circumstances illegal, cause very great concern to the Committee and draws attention to the implications of the situation for women's enjoyment of the right to life. 343. The Committee encourages the Government to continue to give attention to women heads of households and to conduct further research into their situation with a view to developing sound and effective policies on strengthening their socio-economic situation and the prevention of poverty and to ensure that needed services and support are provided to such households. 344. The Committee urges the Government to improve the collection and use of data disaggregated by sex, so that the strong factual basis for the picture of the de facto situation of women in all areas covered by the Convention may be maintained and measures targeted more carefully to specific groups. Areas related to women's health, work, employment, wages and benefits, to the types and incidence of violence against women and the impact of measures against violence against women should receive particular emphasis. Data should also be disaggregated by age, and by other criteria such as urban/rural. 346. The Committee strongly urges the Government to pursue bilateral agreements and to cooperate in multilateral efforts to reduce and eradicate traffic in women, to protect women migrant workers, such as domestic workers, from exploitation, including sexual exploitation. Such agreements should be concluded, in particular with those countries that are a primary destination for Dominican women workers. Public information campaigns aimed at particularly vulnerable groups of women should also be conducted to alert them to potential dangers when seeking work overseas.
347. The Committee invites the Government to strengthen educational programmes for all, both girls and boys, on sexual and reproductive health, on combating the spread of HIV/AIDS and on family planning. It also invites the Government to review legislation in the area of women's reproductive and sexual health, in particular with regard to abortion, in order to give full compliance to Articles 10 and 12 of the Convention. 350. The Committee encourages the Government to give full attention to the needs of rural women and to ensure an active and participatory role for rural women in the design, implementation and monitoring of all policies and programmes that are intended to benefit them, including in areas such as access to health and social services, income-generation projects and housing. The Government should also consider the establishment of special banks and of improved access to credit for rural women.
ECUADOR (1994) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Ecuador, 12/04/94, A/49/38, paras. 499-545.
504. Although no exact data existed on the incidence of disability, numbers were expected to be very high, with an estimated 18 per cent of the population having disability problems and frequently living in substandard conditions. However, there existed no specific projects for women with disabilities. Malnutrition was one major cause of disability, as was the lack of adequate health care, in particular prenatal, delivery and postnatal care, as well as the lack of immunization programmes for women and children. In 1982, a law had been adopted concerning disability. A national programme for the disabled had been launched which included tax exemptions as well as large-scale public campaigns to provide facilities for disabled people in urban structures. The Government had set up eight rehabilitation centres which were concentrated in the cities. 506. The representative described the environmental sanitation situation both in urban and rural areas, which was very poor; there was a lack of safe drinking water. As a consequence, infant mortality was one of the highest in Latin America. Half of the children below five years of age suffered from malnutrition. 509. Members of the Committee noted the need for the Government to define modern, up-to-date criteria for development and to improve what was deemed to be a kind of medieval situation for women, which was the result of a patriarchal structure in which women were denied basic rights. Before enjoying legal rights, women needed to be given basic human rights, such as safe drinking water and better nutrition. 526. Concerning the HIV/AIDS pandemic, she stated that prostitutes were regularly screened for infection. Prostitutes that had contracted the HIV/AIDS virus were badly treated by the authorities and there had been many negative Articles in the media on street prostitutes discovered to be HIV-positive. 527. In additional comments, experts noted that prostitutes with HIV/AIDS infection were the first patients to require compulsory medical care, regardless of how and where they had been infected. 534. On the question whether measures had been developed that would improve the situation of rural women in particular, the representative replied that only the Ministry of Agriculture was managing a project for women in rural areas, which unfortunately could not be implemented because of flooding. There were no projects to improve the rural hygiene situation, which was very bad. In particular, access to safe drinking water was unavailable in many areas.
ETHIOPIA (1996) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Ethiopia, 09/05/96, A/51/38, paras. 134-163.
139. The Committee identified as major factors and difficulties affecting the implementation of the Convention: poverty; deep-rooted customs and traditions; illiteracy; high birth rates; and unemployment. These were compounded by the existence of different kinds of laws, national as well as a variety of customary and religious ones. 148. Great concern was expressed by the Committee about the issue of widespread female genital mutilation as well as the incidence of violence against women and girls and the insufficiency of measures to eradicate it. 149. The Committee was concerned about the prevalence of prostitution and male promiscuity, which increased the spread of AIDS. Early marriage was also a great concern to the Committee. 151. The Committee expressed concern about the high level of illiteracy, the high school drop-out rate, sexual harassment of girls at school and the lack of vocational training programmes. 155. Awareness programmes and legal measures must be put in place urgently to abolish the practice of female genital mutilation and all other such practices that discriminate against women. Those who perform female genital mutilation must be helped to find other sources of income. 156. Training programmes should be put in place aimed at rehabilitating prostitutes and equipping them and other women with skills that will provide an alternative source of income. 160. The Committee encouraged the Government to ensure access by women to primary health services, particularly reproductive health, family life education and family planning services. 161. There must be an intensive programme to combat the spread of HIV/AIDS. Infected women and men must be guaranteed equal enjoyment of their human rights.
FINLAND (1995) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Finland, 31/05/95, A/50/38, paras. 346-397.
353. In their Concluding Observations the members of the Committee commended the presence of such a large and high-level delegation and the detailed replies given. They considered particularly laudable the new legislation regarding domestic violence, the emphasis on changing men's roles, the amendments in the child-care system in an effort to reconcile family life and work, the decrease in the rate of abortion, the quota system and the attention given to specially marginalized groups and underlined as particularly remarkable that in Finland equality was considered a human rights issue. 357. In additional comments, members expressed concern at the spread of sexual violence and asked how that phenomenon was compatible with economic independence of women. They considered educative measures and publicity as most important to curb the level of violence against women and asked whether particular programmes existed to deal with the problem of violence against particularly marginalized groups, such as refugee, poor and disabled women. In reply to further questions, the representatives stated that assault and battery, whether committed inside or outside the home, could be prosecuted without the consent of the victim. Since assault and battery were considered to be serious
crimes, however, the accused could only be tried in the presence of the victim. Counselling services for victims of incest and rape were available free of charge. A special help-line service was set up to assist female victims. Men with a tendency to violence were offered a possibility to discuss their patterns of behaviour in an effort to break them. Special training was administered to police officers, social workers, doctors and school nurses. 378. Regarding questions about investigations into the causes of the gradual decrease in the number of abortions and requests for specific statistical data on the subject, the representatives replied that in 1992 a survey had been carried out. It brought to light that the new family planning strategy adopted in the 1960s, which was based on educational measures and on easy access to family planning means, advice and services, had led to a decrease in abortions, in general, and teenage pregnancies and abortions in particular. Birth control services had been free and the focus had been on a reduction of the health risks associated with sexual activity rather than on its repression. The average rates of legal abortions had decreased from 12.3 per thousand in 1980 to 8.1 in 1993. 379. The birth rate had been continuously rising since 1986. A booklet about the evolution of reproductive health in Finland entitled "How We Did It" as well as Finland's "Report on the Implementation of the Nairobi Forward-Looking Strategies" were distributed, which contained the requested statistical data and detailed information about the methods of contraception used. 380. In reply to additional comments about the rise in birth rate, which was unusual for a European country, the representatives said that it was a result of the improvement of the day-care system and the increase in child allowances. The use of the pill RU 486 was not allowed, however. In reply for an explanation sought of the statement that "the first contraceptive method" was provided without charge the representatives said that the birth control services were always provided free of charge. The birth control methods (for example pills) had to be paid for, apart from the first contraceptive method, which was provided free of charge. Women were free to choose the method of birth control they wanted.
GEORGIA (1999) Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Georgia, 01/07/99, CEDAW/C/1999/L.2/Add.3.
25. The Committee expresses concern at the lack of real understanding of discrimination against women as contained in the Convention, which includes both direct and indirect discrimination. Such indirect discrimination is reflected, in particular, in the sex segregation of the labour market and in the high maternal death rate. It further notes the absence of comprehensive strategies and policies directed at indirect discrimination and the lack of policies and strategies to combat discrimination in the private sector. 26. The Committee recommends the incorporation of the principle of equality between women and men in the Constitution. It further recommends education and awareness-raising campaigns be initiated utilizing, inter alia, the large number of women in mass media and education. Efforts should be made to obtain a clear understanding of indirect discrimination so as to accelerate its elimination and to put in place new legislation to address indirect discrimination. Training of law-makers, the judiciary, health professionals and the mass media in this respect is also recommended. 30. The Committee notes with concern the persistence of a patriarchal culture, the prevalence of stereotyped roles of women in Government policies, in the family, in public life based on patterns of behaviour and attitudes that overemphasize the role of women as mothers.
32. The Committee notes that the report provides very little information on the issue of violence and on gender-based violence in particular. It expresses concern that there may well be a high level of violence against women in Georgia. The Committee is also concerned that the current policy of not criminalizing procuring for the purpose of prostitution has created an environment where women and young children are not protected from sexual exploitation in sex tourism, cross-border trafficking, and pornography. It is also concerned at the increase in prostitution and trafficking of women, and especially among girls, which is largely due to their poverty. 33. The Committee recommends that laws specifically addressing violence against women and criminalizing rape be put in place. It also recommends that Georgia consider amendment of the Penal Code so as to impose severe penalties for sexual violence and abuse of women and girls. It also recommends the design and implementation of policies and programmes to address violence against women. In particular, it recommends the establishment of a network of crisis centres and the expansion of consultative services so as to render the necessary assistance to women victims, especially girls, both in urban and rural areas. Programmes of rehabilitation and reintegration should be developed for the victims of sexual exploitation in prostitution and cross-border trafficking. The Committee urges gender-sensitive training for law enforcement officials and agencies and collection of information and statistical data. It also recommends that advantage be taken of the fact that women make up the majority of judges and journalists. In all these efforts, active collaboration with national and international NGOs should be sought, in view of their extensive experiences in addressing these issues. 34. The Committee is concerned that there have been no efforts to use temporary special measures to improve the situation of women in various areas. 40. The Committee expresses concern that existing occupational health standards relating to women will result in discrimination against them in a labour market that is based on a market economy. 41. The Committee recommends that existing occupational health standards be amended and that all such standards which directly or indirectly discriminate against women should be repealed. 42. The Committee is concerned about the situation with regard to women's health and health care, including the high rate of infant and maternal mortality and the high number of abortions, which are used as a means of contraception. It also expresses concern that the privatization of health care has negatively affected women by restricting their access to the necessary medical services and reducing jobs for women as nurses and doctors. 43. The Committee recommends the enhancement of family planning programmes and the dissemination of various forms of contraceptives and that Georgia take advantage of assistance available from international agencies in this regard. It also recommends the creation of insurance plans that sufficiently cover women patients in hospitals and in ambulatory medical care.
GERMANY (2000) Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Germany, 02/02/2000, CEDAW/C/2000/I/CRP.3/Add.7/Rev.1.
20. The Committee urges the State party to place greater emphasis, in its next periodic report, on the assessment and evaluation of all measures taken to eliminate discrimination against women in all areas of their lives, and to set time frames within which it intends to achieve its goals.
23. The Committee is concerned that the programmes, laws and policies introduced by the Government have failed to ensure that the Constitutional obligation to promote the implementation of de facto equality for women is understood as a societal responsibility and achieved in practice. 26. The Committee calls on the Government to ensure that the definition of discrimination contained in article 1 of the Convention, in particular the Convention’s prohibition of indirect discrimination, is fully integrated into its legislation, especially its labour legislation. In this regard, it welcomes the Government’s intention to prepare a report on equal pay which will examine the primary causes of wage discrimination. The Committee calls on the State party to examine existing formulae for the determination of equal work and work of equal value with a view to developing guidelines or directives to assist the partners in collective wage bargaining in determining comparable wage structures in sectors dominated by women. The Committee urges the Government to monitor closely the impact of its new programme on women and work so as to ensure that it achieves its stated aims of advancing equal opportunities of women and men in the working world and in the family and does not perpetuate gender stereotypes. 27. The Committee expresses its concern at the persistence of stereotypical and traditional attitudes about the roles and responsibilities of women and men in private and in public life. The Committee notes that that persistence is reflected in women’s predominance in part-time work, their main responsibility for family and caring work, occupational segregation, men’s extremely low participation in parental leave, at 1.5 per cent of those taking parental leave in 1997, and the taxation of married couples. The Committee is concerned that measures aimed at the reconciliation of family and work entrench stereotypical expectations for women and men. In that regard, the Committee is concerned at the unmet need for kindergarten places for the 0-3 age group, that the proportion of all-day kindergartens was only 34.8 per cent in 1994 and that care centres were available for only 5.1 per cent of school-age children, especially since all-day schools are the exception in Germany. 28. The Committee urges the Government to study the impact of measures aimed at reconciliation of work and family responsibilities so as to create a firm basis for policies and programmes that will accelerate change and eradicate stereotypical attitudes. The Committee urges the State party to develop more programmes and policies targeted at men to accelerate the changing of attitudes and behaviour. It calls on the State party to consider the introduction of non-transferable parental leave for fathers to increase the number of men that share responsibility for childcare and child-rearing. It urges the Government to improve the availability of care places for school-age children to facilitate women’s re-entry into the labour market. It also recommends that the State party assess the current legal provisions on the taxation of married couples (Asplitting@) and its impact on the perpetuation of stereotypical expectations for married women. 29. The Committee is concerned at the limited efforts and measures in place to extend women’s equal rights and equal opportunities into the private sector. 30. The Committee calls on the Government to increase its legislative and regulatory efforts to ensure that women are protected against all forms of discrimination in the private sector and to increase measures aimed at achieving de facto equality. It also encourages the Government to intensify its interaction with the private sector, including through incentives and other non-legislative measures, as well as with unions and with women’s organizations to achieve that goal. 31. The Committee is concerned at the often precarious social and economic situation of foreign women living in Germany. It is also seriously concerned about reports of incidences of xenophobic and racist attacks in the territory of the State party and notes that foreign women are vulnerable on the multiple grounds of sex, ethnicity and race. 32. Noting the Government's intention to commission a study on the living situation and social integration of foreign women and girls, the Committee requests the Government to undertake a comprehensive assessment of the situation of foreign women, including their access to education and training, work and work-related benefits, health care and social protection, and to provide such information
in its next report. The Committee calls on the Government to improve the collection of data and statistics disaggregated by sex and race/ethnicity of victims of violence that is motivated by xenophobia and racism, to put in place adequate protection mechanisms, and to ensure that foreign women victims of such attacks are made aware of their rights and have access to effective remedies. It also urges the Government to strengthen its efforts for the social integration of foreign women through educational and employment services, and through awareness-raising of the population. It also recommends that steps be taken to combat domestic violence and violence within the family, and to increase foreign women's awareness about the availability of legal remedies and means of social protection. 33. The Committee, while welcoming the Government's action plan on violence against women, is concerned at the remaining gaps in protecting women against violence in the family and in society. 34. The Committee urges the Government to ensure the systematic implementation of the plan and to monitor its impact in the areas of emphasis identified in the plan. In particular, the Committee recommends to put in place legislation and measures to ensure that women victims of domestic violence have immediate means of redress and protection. It also calls on the Government to take measures aimed at creating zero tolerance for such violence, and to make it socially and morally unacceptable. The Committee further recommends that measures be taken to sensitize the judiciary to all forms of violence against women that constitute infringements of the human rights of women under the Convention, and particularly taking into account the high vulnerability of foreign women to such violence.
35. The Committee is concerned at the incidence of trafficking in women and girls.
36. The Committee urges the Government to recognize that trafficked women and girls are victims of human rights violations in need of protection and, accordingly, to provide assistance to them. It also urges the Government to increase efforts of cross-border and international cooperation, especially with countries of origin and transit, to reduce the incidence of trafficking and to prosecute traffickers. It calls on the Government to ensure that trafficked women and girls have the support that they need so that they can provide testimony against their traffickers. It also urges that training of border police and law enforcement officials provide them with the requisite skills to recognize and provide support to victims of trafficking. It also recommends that the Government review its procedures for issuance of visas to dependent spouses, taking into consideration that such spouses may be vulnerable to sexual exploitation. 37. The Committee is concerned at the continuing stereotypical portrayal of women, especially of foreign women, in the media. 38. The Committee urges the Government to support the important role of the media in changing stereotypical attitudes to women. It recommends that opportunities be created for the portrayal of positive, non-traditional images of women, and to encourage and facilitate the use of self-regulatory mechanisms in the media to reduce discriminatory and stereotypical portrayals of women. 39. The Committee is concerned that although they are legally obliged to pay taxes, prostitutes still do not enjoy the protection of labour and social law. 40. The Committee recommends that the Government improve the legislative situation affecting these women so as to render them less vulnerable to exploitation and increase their social protection.
GREECE (1999) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Greece, 01/02/99, CEDAW/C/1999/I/L.1/Add.5.
8. The right of Greek women to health care was guaranteed in the Constitution and was realized through a uniform and decentralized national health system, as confirmed by various indicators and demographic data. Specialized health care was available to all women, including immigrants and refugees, but more programmes are also planned to address women's special health problems, including teenage abortion, and health issues related to menopause. A drop in AIDS cases among women had been reported. 20. The Committee is concerned that the revision of the laws on rape has not led to the recognition of rape as a serious infringement of a woman's human right to personal security. 21. The Committee recommends that the law on rape, including marital rape, be reformed, and that forensic investigation be introduced in the light of general recommendation 19, the Declaration on the Elimination of Violence against Women and recent developments in the laws of other European countries that face similar problems of violence against women. 27. The Committee recommends that compliance with the regulations governing prostitution be monitored effectively and adequate measures to address trafficking in women introduced. 34. The Committee is concerned that inadequate attention is given to gender-specific causes and consequences of illness and disease and that, consequently, the country's health policy is insufficiently responding to gender factors associated with health. 35. The Committee recommends that all health-related data and statistics be disaggregated by sex and age so that health policies, service delivery and allocation of resources can be assessed in terms of their outcomes for women and men. It also recommends that governmental health policies, research and resources be adjusted so as to respond adequately to the health rights of women and men to a high standard of health care and to the gender factors associated with health. 36. The Committee expresses its concern about the high rate of abortion in Greece, and especially of abortions by teenagers. The numbers are indicative of insufficient use of contraceptives, a lack of sex education and information about contraceptives and insufficient or unfocused family-planning efforts. The Committee is also concerned in this respect about the extent of funding for contraception, given the comprehensive coverage of health insurance and funding for health services in Greece. 37. The Committee recommends that the Government introduce sex education as part of the school curriculum. It also recommends the improvement of family-planning policies and programmes so that all women and men enjoy the right of access to information about contraception and the right of choice in contraceptive method. It also urges the Government to target men in its family-planning efforts and to stress the shared responsibilities of women and men in this regard. 39. The Committee urges the Government to develop a general policy to address the particular needs of immigrant and migrant women with regard to their protection, health, employment and education. The Committee also urges the Government to ensure that repatriation efforts are consistent with women's safety and protection. The Government should also consider entering into bilateral agreements with women migrants' countries of origin to ensure adequate protection of women's rights and safety. The Committee also encourages the Government to assess the situation of all minority women with a view to ensuring adequate support for them.
GUATEMALA (1994) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Guatemala, 12/04/94, A/49/38, paras. 38-87.
45. Members pointed out that no information was given in the report about any family-planning policy or about steps taken to upgrade the health of women and children. It was also not clear from the report whether the machinery to implement policies to promote the status of women had been upgraded. 46. Members noted the significant responsibilities of women in Guatemala, including those for health, hygiene and family nutrition, but that women were not given the same importance as men in outside work and in politics. 51. Considering that Guatemalan society appeared to view prostitution with indifference and tended to blame prostitution on the women themselves without taking into consideration the social and economic environment, such an attitude entailed the risk of exploitation by men. Society should consider the reasons why women were in that situation. Members requested statistical data related to prostitution, including information on the age bracket and the social strata of the women involved, and asked whether health, education and rehabilitation services had been set up for those women. 52. The representative was convinced that those evils were caused by lack of adequate education and said that the aim of the Government was to find training and new working opportunities for those women. Non-governmental organizations had elaborated specific training programmes. 63. Members inquired about the Government's family-planning policy and asked whether the programmes were geared only towards rural women or also directed towards women in urban areas and indigenous women. 64. The representative said that the family-planning policy was given wide publicity and was open to anybody. Every small community had family-planning services. Indigenous communities had equal access, but they considered the practices harmful to their traditions and habits. They also tended to object to using contraceptives because they thought that their use was a birth control method specifically targeted at them to exterminate their culture and people. The representative explained that family planning had negative effects on the population. Women had been strongly discriminated against in that all of the preventive methods had been directed only against them. Indigenous women were not given information about the effects of contraceptives on their bodies and sometimes the donation of food was linked to the use of contraceptives. Birth control led to the breakdown of the society and the family. It also had a negative effect on youth and increased the number of households headed by single women. 68. Members commented that in Guatemala sexist notions, such as the "natural" role of women in the context of procreation, were still being reinforced. If such sexist attitudes prevailed, they would have adverse effects on the future of girls who would choose only traditional feminine careers. Members inquired about consciousness-raising campaigns that should enhance the social and economic role of women rather than their role in the family. The representative stated that the notions of the role of women in the family should not be changed. A misunderstanding of equality would not benefit any society. It was more important to encourage the idea of the complementarity of men and women. 71. Members expressed the opinion that the legal provision according to which the husband remained the head of the family and a woman needed the husband's permission to take up outside activities was contrary to the provisions of the Convention and extended the patriarchal system. It was a source of basic discrimination against women and, although the Constitution provided for the right to work, the "husband's law" seemed to be superior to the basic law. Likewise, the family law spoke only of the obligation of women to look after the children and take care of the household, without also mentioning the husbands. 72. In reply the representative referred to the ruling of the Constitutional Court which said that men and women had equal family responsibilities in protecting the children. The law that gave the husband the right to represent his spouse in no way harmed the wife, especially as the role of head of the family could be assumed by the wife if the husband was unable to do so because he had either abandoned the household or been sentenced to imprisonment. The administration of property was carried out by common agreement between the spouses. The representative said that the provisions according to which the husband
had to provide assistance to the wife and the wife had the right and duty to care for minor children were in no way discriminatory; they were only meant to protect the wife. Neither of the two spouses could avoid their responsibilities towards their children. Women were not prohibited from taking on outside activities as long as such jobs did not prevent them from taking care of their minor children and the household and were not contrary to the purpose of marriage and the obligations inherent in maternity. 73. When members asked whether women had taken court action to claim their rights, whether any amendment of the law was planned and what the reaction of women's groups to that law was, the representative said that no claims had ever been entered to oppose the husband as the representative of the family. 81. In short, the members of the Committee commented that women did not appear to be a priority for the Government, that there was far-reaching legal discrimination, and that there was no information on initiatives to combat discrimination resulting from highly stereotyped cultural patterns or on the actual situation of women among indigenous ethnic groups. In general, they regarded the report as inadequate in the light of the recommendations made by the Committee in that connection. They expressed the view that the very wording of the report was sometimes discriminatory; that showed that the Government needed to review and adjust its approach so as to improve the situation of Guatemalan women..
GUYANA (1995) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Guyana, 31/05/95, A/50/38, paras. 616-626.
620. The Committee expressed its concern that the provisions of the Convention were not integrated into the Constitution of Guyana and that some laws still needed to be amended in order to comply fully with the Convention.
621. It noted also with concern the lack of family planning services and the numbers of illegal abortions because of it. (1994) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Guyana, 12/04/94, A/49/38, paras. 88-125.
99. Members of the Committee welcomed the clear description of the negative impact of structural adjustment programmes on women, which illustrated how political and economic change would affect women negatively, if human resource development was not considered. Members asked for further information on actions taken by the Government to mitigate the negative impact of such programmes on women and children. The representative mentioned that, under the Social Impact Amelioration Programme, periodic payments were made to elderly women and pregnant and lactating mothers, for a limited period of time, to cushion the effects of the withdrawal of government subsidies of basic goods. Guyana received assistance from a number of United Nations programmes and specialized agencies and other donors. Seventeen health-care projects had been carried out. However, significant delays in the implementation of projects were experienced, and the Government's capacity to absorb further badly needed assistance was limited by its inability to provide administrative and financial counterparts. 106. Members sought more information on prostitution and related activities and wanted to know whether laws and specific programmes had had an impact on reducing the number of prostitutes. The representative stated that the law penalized any male person for knowingly living, wholly or partly, on the earnings of prostitution or soliciting for an immoral purpose. To prevent the increase of prostitution linked to the urban migration of young women, efforts were being made to raise the living standards in rural areas and to encourage young women there to undertake income-generating activities.
117. Members required further information on programmes to combat the AIDS/HIV pandemic and on existing facilities for infected women. The representative stressed that the increase in HIV infection among women far exceeded that of men, although fewer women carried the virus than men. The Government had launched education programmes to combat the spread of AIDS among young people, encouraging the use and acceptance of condoms. Discussions on removing taboos associated with sexual behaviour had taken place. She also reported on efforts being made to end the stigmatization of AIDS victims. 118. Referring to the severe problem of anaemia, a very incapacitating illness for women, members wanted to know if female malnutrition resulted from the traditional diet, lack of variety of foods or poverty. Given the decrease in life expectancy, members asked for the common causes of female mortality. The representative stated that high-risk pregnancies, lack of trained medical attendants, malnutrition and abortion were some of the contributing factors. A 50 per cent decrease in government spending on health services had had an impact on the 86 per cent of the population considered to be living under the poverty line, and on women in particular. 119. Concerning family planning, members requested information on the existence of a national family planning programme, on access to special maternity services and on the availability, use and general acceptance of contraceptives. The representative informed the Committee that family planning advice and counselling was conducted at 166 clinics across the country and included the provision of various forms of contraceptives, prenatal and postnatal services, immunizations, pap smears, pregnancy tests, infertility and fertility counselling and treatment. Women, in general, accepted family planning very well. A responsible parenthood organization was conducting educational programmes for young people. The representative also said there was no government policy on family planning owing to the demographic trends of high mortality and emigration in Guyana. 120. On the incidence of abortion, the representative stated that the number of illegal abortions was high as abortion was often used as a form of contraception by women having no access to other family planning methods. The highest number of abortions occurred in the 24-29-year age group and among East Indian women, followed by Black women. There was an ongoing debate on the decriminalization of abortion as proposed in a bill tabled in Parliament.
HUNGARY (1996) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Hungary, 09/05/96, A/51/38, paras. 229-264.
250. The Committee noted with concern the undue emphasis placed on women's role as mothers without balancing it with their role as citizens. 252. The Committee noted with alarm that the number of acts of violence and sex crimes against women more than doubled between 1988 and 1993, and consequently deplores the lack of special criminal legislation designed to curb these crimes. 253. The Committee noted with regret that the economic constraints resulting from the transition process were having a negative impact on women's employment and health; female unemployment was increasing and the quality of social services provided to women was deteriorating. 254. In addition, the state of health of the female population was unsatisfactory when judged by international standards. In particular, the high cost of contraceptives prevented women from freely planning when to have children. The very high increase in the rate of abortions was of concern to the Committee.
255. The Committee noted with concern the scale of the problem of prostitution, which affected girls and women in ethnic minorities in particular. 259. The Committee requested the Government to take urgent legislative and concrete measures to provide female victims of violence with protection and appropriate and suitable services. 260. The Committee requested the Government to offer sex education programmes to all young people and to subsidize contraceptives in order to promote family planning and reduce the number of abortions. 261. The Committee urgently requested the Government to take all necessary measures to rehabilitate and reintegrate prostitutes into society.
ICELAND (1996) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Iceland, 09/05/96, A/51/38, paras. 67-104.
77. The Committee commended the emphasis placed by the Government on the eradication of violence and the establishment of a committee to ascertain the extent and causes of violence in the home, as well as the provision of an emergency ward for rape victims in the city hospital. The Committee also commended the passage of a law making the State Treasury responsible for the payment of damages to the victims of violence, as well as the formation of a Men's Committee aimed at sensitizing men to the problems resulting from violent behaviour. 84. The Committee noted with concern that the cost of contraception was not covered under the public health system. 85. The Committee noted with concern the lack of adequate information on certain Articles of the Convention, particularly Article 12, which addresses the rights of women and States parties' obligations with respect to health care. The Committee noted the lack of information on specific aspects of women's health, as well as the lack of a gender perspective in matters pertaining to health in general, in particular with regard to mental health, as well as in medical research. 88. The Committee recommended that, in future, statistics disaggregated by sex be included in the periodic reports and that the Government of Iceland comply with general recommendation 9. In particular, the Committee encouraged the Government to generate sex-disaggregated data of health needs and services, so as to assist the development of a gender-sensitive health policy. 94. The Committee felt that revising the law on maternity leave was not enough to achieve a more balanced sharing of family responsibilities by men and women. It therefore recommended that the Government develop other means to increase men's participation in household tasks and child care, bearing in mind the nature of both the paid work done by men and that done by women inside and outside the home. 100. The Committee urged the Government to intensify further its information programmes among migrant women, in particular those that pertain to the rights of women in Iceland. In order to ensure the protection of migrant women, it further encouraged the Government to continue the provision of adequate health and counselling services and monitoring of the increasing number of intermarriages between Icelandic men and migrant women which the Government is undertaking. 104. The Committee urged the Government to adopt a public health approach to the issue of violence against women and facilitate the reporting of violence through primary health-care providers.
INDIA (2000) Concluding Observations of the Committee on the Elimination of Discrimination Against Women: India. 01/02/2000, CEDAW/C/2000/I/CRP.3/Add.4/Rev.1.
23. The Committee considers that widespread poverty, such social practices as the caste system and son preference, as reflected in a high incidence of violence against women, significant gender disparities and an adverse sex ratio, present major obstacles to the implementation of the Convention. 31. The Committee notes that steps have not been taken to reform the personal laws of different religious and ethnic groups in consultation with them so as to conform with the Convention. The Committee is concerned that the Government’s policy of non-intervention perpetuates sexual stereotypes, son preference and discrimination against women. 32. The Committee urges the Government to withdraw its declaration to article 16 (1) of the Convention and to work with and support women’s groups as members of the community in reviewing and reforming these personal laws. The Committee also calls upon the Government to follow the directives principles in the Constitution and Supreme Court decisions and enact a uniform civil code which different ethnic and religious groups may adopt. 33. The Committee is concerned that India has not yet established a comprehensive and compulsory system of registration of births and marriages. The Committee notes that inability to prove those important events by documentation prevents effective implementation of laws that protect women and girls from sexual exploitation and trafficking, child labour and forced or early marriage. The Committee is also concerned that failure to register marriages may also prejudice the inheritance rights of women. 34. The Committee calls upon the Government to provide adequate resources and establish a system of compulsory registration of births and monitor implementation in cooperation with women’s groups and local bodies. It urges the Government to withdraw the reservation to article 16(2) of the Convention. 35. The Committee is concerned that the fundamental right to education under the Constitution recognized by the Supreme Court has not been realized by providing girls with equal access to primary and secondary education. It notes that budgetary allocation for education is still far below India’s commitments with regard to the Beijing Platform for Action. 36. The Committee urges the Government to take affirmative action, set a time-frame and provide adequate resources for primary and secondary education so as to give girls equal access to education and eradicate adult illiteracy among women. It calls upon the Government to make primary and secondary education compulsory by introducing and enforcing relevant regulations. 38. The Committee recommends that a sex discrimination act be introduced to make the standards of the Convention and the Constitution applicable to non-state action and inaction. 39. The Committee is concerned that there is a high incidence of gender-based violence against women, which takes even more extreme forms because of customary practices, such as dowry, sati and the devadasi system. Discrimination against women who belong to particular castes or ethnic or religious groups is also manifest in extreme forms of physical and sexual violence and harassment. 40. The Committee urges the Government to implement existing legislation prohibiting such practices as dowry, devadasi and caste-based discrimination. It calls upon the Government to strengthen
law enforcement and introduce reforms proposed by the National Commission on Women and women activists in regard to the law on rape, sexual harassment and domestic violence. 41. The Committee recommends that a national plan of action be developed to address in a holistic manner the issue of gender-based violence, in line with the Committee’s general recommendations 19 and 24. It calls upon the Government to provide statistics and information on violence against women in its next report.
42. The Committee is concerned that women are exposed to the risk of high levels of violence, rape, sexual harassment, humiliation and torture in areas where there are armed insurrections.
43. The Committee recommends a review of prevention of terrorism legislation and the Armed Forces Special Provisions Act, in consultation with the Human Rights Commission, the National Commission of Women and civil society, so that special powers given to the security forces do not prevent the investigation and prosecution of acts of violence against women in conflict areas, and during detention and arrest. The Committee recommends that women be given an opportunity to make their contribution to peaceful conflict resolutions. 44. The Committee recommends the introduction of gender sensitization and human rights programmes for the police, the security forces and medical professionals, in addition to programmes already undertaken. 45. The Committee is concerned with the continuing discrimination, including violence, suffered by women of the Dalit community, despite the passage of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989. 46. The Committee urges the Government to enforce laws preventing discrimination against Dalit women and prohibiting the devadasi system. It urges the Government to introduce affirmative action programmes in such areas as education, employment and health so as to provide life chances to Dalit women and girls and create an environment conducive to their progress. The Committee calls upon the Government to set a time-frame for those interventions and provide information on the progress made in the next report. 47. The Committee is concerned that women and girls are exploited in prostitution and inter-state and cross-border trafficking. It is also concerned that those women are exposed to human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS) and health risks and that existing legislation encourages mandatory testing and isolation. 48. The Committee calls upon the Government to review existing legislation on trafficking and forced prostitution and to strengthen law enforcement. It recommends the development of bilateral and inter-state controls and reintegration and advocacy programmes to prevent the exploitation of women and girls in forced prostitution and trafficking. 49. The Committee notes with concern that maternal mortality rates and infant mortality rates are among the highest in the world. It also notes the adverse sex ratio and the incidence of sex-selective abortions due to son preference despite the law banning that practice. It notes that family planning is only targeted for women. 50. The Committee recommends the adoption of a holistic approach to women’s health throughout the life cycle in the country’s health programme. It urges the Government to allocate resources from a Awomen’s right to health@ perspective, following the guidelines of the Committee’s general recommendation 24. The Committee calls upon the Government to elicit the support of medical associations in enforcing professional ethics and preventing sex-selective abortions. The Committee also
recommends that the Government obtain the support of the medical profession in creating awareness on the urgent need to eliminate practices associated with son preference.
INDONESIA (1998) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Indonesia, 14/05/98, A/53/38, paras. 262-311.
266. As a follow-up to the Beijing Conference, the Government had launched a national movement - the Outlook of Harmonious Gender Partnership between Men and Women in the Family, Society and Development - with a view to inculcating values of equality in the citizenry. It had also translated the Platform for Action and the Convention into local languages. However, the representative reported that the particular focus of the Government was on the four core areas of poverty eradication, education, health and empowerment. 280. The Committee recognizes the success of the Government's family planning programme. The Committee views this as an example of the Government's ability to take highly effective steps to improve the situation of women. However, some concern is expressed that the focus of the programme is so predominantly upon women, and Committee members emphasize the need also to take into account men's responsibility for family planning.
284. The Committee is very concerned at the existence of laws that are not in accordance with the provisions of the Convention. It notes that discrimination against women exists in laws regarding:
(a) Family and marriage, including polygamy; age for marriage; divorce and the requirement that a wife obtain her husband's consent for a passport; (b) Economic rights, including ownership and inheritance of land; access to loans and credits; entitlement to social, health and other benefits in the labour sector and the requirement that a wife obtain her husband's consent for night employment; (c) Health, including the requirement that the wife obtain her husband's consent with regard to sterilization or abortion, even when her life is in danger.
296. The Committee notes the information on the situation of migrant women, which has been presented in the form of a supplement to the report. However, the Committee remains concerned that this does not include discussion of reports of the death as a result of mistreatment and abuses of Indonesian migrant women abroad, as well as cases of trafficking for the purposes of prostitution. It is concerned that the Government lacks the mechanisms to respond to abuses of Indonesian women abroad.
297. The Committee is gravely concerned about reported cases of coercion in the course of the implementation of the family planning programme. The Committee points out that such coercion contravenes the Government's obligations under the Convention to ensure women's reproductive rights to freedom of choice and informed consent with respect to methods of family planning.
298. The Committee is concerned that limited information has been provided on the problem of HIV/AIDS. There is no data on the extent of the problem, rates of increase or any sexdisaggregated data. The Committee is particularly concerned that the problem of HIV/AIDS is being attributed to women in prostitution. Concern is also expressed about programmes designed to "clean the city streets" of prostitutes whenever there is a major international event in Jakarta. Information provided to the Committee by other sources suggests that women taken off the streets have been subjected to forced vaginal examinations.
300. The Committee is concerned that not enough is being done to address the issue of prostitution and trafficking in women as envisaged in Article 6 of the Convention. It is also concerned that not enough is being done to assist these women through socio-economic and health programmes and that preventive measures and re-socialization efforts are aimed principally at prostitutes and do not address male clients. 302. The Committee recommends that the Government take appropriate measures to mitigate the negative impact that the current economic crisis may have on women in Indonesia, particularly in the areas of education, health and employment. 303. The Committee urges the Government to collect, as a matter of priority, data on the extent, causes and consequences of the problem of violence against women in Indonesia. The Committee also emphasizes the need for the gender sensitization of authorities, including the judiciary, law enforcement officers, lawyers, social workers, health professionals or others who are directly involved in combating violence against women. 310. The Committee recommends that the Government address the issue of trafficking in women and prostitution, in accordance with Article 6 of the Convention, and establish, inter alia, socio-economic and health programmes to assist women in this context.
IRELAND (1999) Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Ireland, 01/07/99, CEDAW/C/1999/L.2/Add.4. 19. The Committee considers that the persistence of the emphasis on the role of women as mothers and caregivers tends to perpetuate sex role stereotypes and constitutes a serious impediment to the full implementation of the Convention. The lack of emphasis, in public perception and in State policy, on the shared responsibility of men for family and caring work further compounds the situation of de facto inequality of women.
20. The Committee notes that, although Ireland is a secular State, the influence of the Church is strongly felt not only in attitudes and stereotypes, but also in official State policy. In particular, women's right to health, including reproductive health, is compromised by this influence. The Committee notes that Ireland did not enter a reservation to article 12 upon ratification of the Convention. The Committee recommends the implementation of this article in full. 23. While welcoming the Government's recent focus on developing and adopting family-friendly, childcare and parental leave policies to facilitate women's participation in the labour market, the Committee expresses its concern that these policies continue to place primary responsibility for family work and childcare on women, rather than emphasizing the shared responsibility of men and women. 24. The Committee urges the Government to monitor and review its work and family life policies and legislation so as to ensure that they create incentives and opportunities for women and men to share, equally, paid work outside the home and unpaid family work. In particular, the Committee recommends that such regulations and policies be accompanied by awareness-raising and educational efforts aimed at changing attitudes concerning women's traditional roles and responsibilities for child and family care. It also recommends that parental leave regulations be assessed with a view to providing for paid parental leave so as to create an incentive for men to take advantage of their legal entitlements. 25. While noting with appreciation the existence of a Plan for Women's Health, 1997-1999, and the establishment of a Women's Health Council, as well as the wide availability of various programmes to
improve women's health, the Committee is concerned that, with very limited exceptions, abortion remains illegal in Ireland. Women who wish to terminate their pregnancies need to travel abroad. This creates hardship for vulnerable groups, such as female asylum seekers who cannot leave the territory of the State. 26. The Committee urges the Government to facilitate a national dialogue on women's reproductive rights, including on the restrictive abortion laws. It also urges the Government to further improve family planning services and the availability of contraception, including for teenagers and young adults. It also urges the Government to promote the use of condoms to prevent the spread of HIV/AIDS. 27. Noting that a National Steering Committee on Violence against Women has been established to develop a national strategy on this issue, the Committee is concerned that no comprehensive and multidimensional strategy has yet been adopted to prevent and eliminate violence against women. 28. The Committee requests the inclusion in the next report of comprehensive statistical information on the types and frequency of violence against women, including domestic violence, the number of complaints brought by women and the results of investigations. The Committee also requests detailed information on sexual harassment against women in the workplace, and on means of redress available to and used by women and the results thereof. 34. The Committee emphasizes that article 5 of the Convention stipulates that all appropriate measures to modify the social and cultural patterns of conduct of men and women be taken, with a view to the elimination of prejudices and customary and all other practices that are based on stereotyped roles for men and women. The Committee calls upon the Government to ensure that the Parliamentary Committee on Constitutional Reform is fully aware of Ireland's obligations under the Convention, including article 5.
ISRAEL (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Israel, 21/07/97, A/52/38 Rev.1, PartII paras. 132-183.
155. The Committee commended the existence of the compulsory National Health Insurance Law of 1995, which guarantees universal access to health care for all communities. 161. The Committee was concerned about the fact that non-Jewish women had worse living conditions than Jewish women. They received a lower level of education, participated less in the government service and occupied limited decision-making posts. 162. The Committee was also concerned because non-Jewish women enjoyed poorer health, resulting in very high maternal and infant mortality rates. There were also fewer employment opportunities available to them. 163. The Committee was concerned about remaining instances of polygamy, forced marriage and genital mutilation, as well as "honour killings". 164. The Committee noted with concern that the public health system allocated considerable resources to in vitro fertilization, yet contraceptives were not free of charge. 168. The Committee was concerned about the fact that a large number of women were arrested for prostitution. The Committee was likewise concerned about the large number of advertisements for sex services in daily newspapers, which contributed significantly to the spread of prostitution.
178. The Committee strongly suggested that the Government of Israel take necessary steps to eliminate practices which could not be justified on any grounds, such as forced marriages, female genital mutilation, honour killings and polygamy.
180. The Committee recommended that some of the resources allocated to the treatment of infertility should be used to study its causes and its prevention. 181. The Committee recommended that public health services supply free and accessible contraceptives. 182. The Committee requested the Government of Israel to address the following issues in its next report: the status of disabled women; how indirect discrimination in the workplace is dealt with; the leave entitlement of mothers and fathers for the birth of a child or when they have young children, and the actual use made of such entitlement; the impact on the social roles of women and men of programmes aimed at changing stereotypes; programmes for gender sensitization of the judiciary, police and health professionals; and financial support provided by the Government for all non-governmental organizations in the territory of Israel.
ITALY (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Italy, 17/07/97, A/52/38 Rev.1, PartII paras. 322-364.
351. The Committee was concerned about the inequality in the sharing of "caring responsibilities" and the fact that such responsibilities fell predominantly upon women in Italy, a factor that was particularly acute in southern Italy. It noted with concern the absence of efforts or programmes to encourage Italian men to undertake their fair share of domestic responsibilities, and to care for the children and the elderly. 352. The Committee expressed concern about the lack of statistics and/or studies into the causes of a number of health-related issues concerning women. It noted with serious concern that studies suggested an increase in incidence of lung cancer among women. It also noted the very high incidence of caesarian section deliveries and the failure of women to take advantage of early detection technologies, including mammography and pap smears, and the failure to explain that phenomenon in the report. In addition, the Committee was concerned about the lack of data on occupational health and disease. 353. The Committee expressed particular concern with regard to the limited availability of abortion services for women in southern Italy, as a result of the high incidence of conscientious objection among doctors and hospital personnel. 359. The Committee urged the Government of Italy to embark on public sensitization campaigns in relation to domestic violence in its various manifestations (sexual, physical, etc.) to ensure the protection of human rights of women and the girl child in the family. In particular, the Committee recommended that measures be introduced to encourage complaints and provide mechanisms for effective and timely response to such claims. It recommended that health professionals be trained in the care and management of domestic violence cases. The Committee also recommended the introduction of measures to increase the number of domestic violence shelters throughout Italy. 360. The Committee strongly recommended that the Government take steps to secure the enjoyment by women, in particular, southern Italian women, of their reproductive rights by, inter alia, guaranteeing them access to safe abortion services in public hospitals.
JAPAN (1995) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Japan, 31/05/95, A/50/38, paras. 627-636.
635. To enable the Committee to have a better understanding of commercial sexual exploitation or prostitution of immigrant women in Japan, more detailed information should be provided on the sex industry in Japan. The Committee requests the Government of Japan to undertake a study of the sex industry in Japan and to provide information on the findings in its next report. The Committee also encourages the Government to take specific and effective measures to address these current issues as well as war-related crimes and to inform the Committee about such measures in the next report.
(1994) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Japan, 12/04/94, A/49/38, paras. 546-607.
566. In reply to questions regarding single-parent families, the representative said that households headed by a single mother, irrespective of her marital status, received loans, counselling, a survivor's pension, a child-rearing allowance and at-home care, and could also obtain night-time child care. Additional special allowances included the payment of a vocational training allowance and the payment of travel expenses. 573. There was no statistical record on the incidence of violence against prostitutes. Although it was illegal to be the client of a prostitute, there was no provision for punishment. 574. Regarding the question whether the Government had considered providing compensation to women who had been forced into prostitution, the representative said that official organizations never forced women into prostitution. Although the Government did not provide compensation to women who had been forced into prostitution by individuals or private organizations, persons who solicited in public for purposes of prostitution might be sent to the Women's Guidance Home, and girls and women in need of protection were provided with professional counselling, guidance and housing. 576. In additional comments, members observed that the report included very little information about cases of Asian women who had raised issues of exploitation against Japan. Reference was made to cases of sex tourism, the abuse of other Asian women in the Japanese sex industry, mail-order brides and the exploitation of women through forays of Japanese men into other Asian countries. The Government was urged to discourage sex tourism. Particular reference was made to the fate of women who had been forced into prostitution by Japanese men during the Second World War, often referred to as "comfort women". It was suggested by some members that the Government should pay overall compensation to the surviving victims without their having to go to court individually, and create a women's fund in memory of those who had died in the meantime, thus meeting its commitment to the women of Asia. They requested an explanation about the measures the Government was planning to take to assist those women. 577. It was said that the report did not provide enough data on prostitution, pornography, violence against women, exploitation of immigrant women, the shelter situation for battered women and the punishments for those offences. Members asked whether criminal gangs profited from the exploitation of women and whether geisha girls or hostesses were still common. They urged the Government to undertake a study on all of those issues and the underlying causes and report on the policy measures taken. 603. Members referred to the medical tests that were mandatory for women serving in private bath houses. The fact that they were not informed of the results constituted a violation of human rights.
JORDAN (2000) Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Jordan, 27/01/2000, CEDAW/C/2000/I/CRP.3/Add.1/Rev.1.
20. The Committee welcomes the legislative reforms undertaken by the State party since ratification of the Convention, including with regard to labour law, civil service regulations and regulations concerning the Family Document. 21. The Committee notes with satisfaction the level of education girls and women have achieved. In particular, the Committee welcomes that parity has been achieved in enrolment rates in the basic and secondary cycles, and the fact that the gap between women and men in university education is closing. It also commends the Government’s efforts to further reduce women’s lliteracy rate. 22. The Committee notes with satisfaction that there is an increasing trend in women’ participation in the labour force, which contributes to women’s empowerment and strengthens their participation in public life in general. 23. The Committee welcomes with appreciation the fact that women’s non-governmental organizations play an active role in public life. The Committee commends in particular their efforts to support women’s political, economic and social empowerment. 24. The Committee commends the progress made in improving women’s health situation, including the provision of reproductive health services and high contraceptive prevalence among married women. 25. The Committee notes that violence against women is now acknowledged as a critical issue that needs to be addressed through governmental action. 26. The Committee commends the Government on the preparation of a national strategy for women and of a national programme of action for the implementation of the Beijing Declaration and Platform for Action. It notes with satisfaction that these were prepared in a collaborative effort, involving various government bodies, the national machinery and non-governmental organizations. It also welcomes the inclusion of a gender perspective in the economic and social development plan for 1999-2003 by including women’s issues in all of the sectors covered by the plan. 27. The Committee considers that the country’s current socio-economic situation, with the doubling of the population due largely to refugee influx, and the scarcity of natural resources affect the full implementation of the Convention. The persistence of strong stereotypical attitudes concerning the roles and responsibilities of women and men also constitutes an impediment to full implementation of the Convention. Principal areas of concern and recommendations 28. The Committee expresses its concern that cultural practices and the persistence of strong stereotypical attitudes about the roles and responsibilities of women and men affecting all spheres of life are impediments to the full implementation of the Convention. 29. The Committee urges the Government to review, or enact laws that will make cultural practices that discriminate against women illegal. The Committee also urges the Government to increase awareness raising programmes, as well as public information to change stereotypical attitudes and perceptions about the roles and responsibilities of women and men.
30. The Committee expresses its concern that although article 6 of the Jordanian Constitution recognizes a principle of equality of all Jordanians before the law, it does not contain a specific provision which states that there shall be no discrimination, either de jure or de facto, on the ground of sex. 31. The Committee calls on the Government to encourage a constitutional amendment to incorporate equality on the basis of sex in article 6 of the Constitution, and to reflect fully article 1 of the Convention in the Constitution. 33. The Committee urges the Government to publish the Convention in the Official Gazette without delay, and to initiate necessary legislative action to make the Convention enforceable in courts. The Committee further calls on the Government to undertake a review of all existing legislation to bring it fully into compliance with the amended Constitution and the Convention. 34. The Committee is concerned that Jordanian nationality law prevents a Jordanian woman from passing on her nationality to her children if her husband is not Jordanian. This is an anachronistic situation at a time when Jordan is making major strides in its economic and democratic development and when marriage between persons of different nationalities is increasingly common. It also notes with concern that Jordanian law prohibits women from concluding contracts in their own name, from travelling alone and from choosing their place of residence. The Committee notes with concern that Jordan has entered reservations to articles 9.2 and 15.4 which relate to these matters. The Committee urges the Government to revoke these laws, and to withdraw the reservations to articles 9.2 and 15.4. 35. The Committee notes that a woman’s right to choose a family name, a profession or occupation, rights upon divorce and rights and responsibilities as a parent are not recognized in the Personal Status Code. It also notes with concern that Jordanian law recognizes the practice of polygamy. 36. The Committee calls upon the Government to amend the Personal Status Code to recognize women’s rights to choice of family name, occupation, as well as their rights upon divorce and with regard to their responsibilites as parents. It also calls upon the Government to reconsider the law and policy on polygamy in line with the Convention, the Constitution, and evolving social relations in the country. It also recommends that the Government review its reservations to article 16 (c), (d) and (g) with a view to their withdrawal. The Committee notes with concern that violence against women is a critical issue. The Committee recommends that the Government take the necessary legal and social measures, including awareness raising to address effectively the issue of violence against women. The Committee expresses its concern that several provisions of the Penal Code continue to discriminate against women. In particular, the Committee is concerned that article 340 of the Penal Code provides a defence to a man who kills or injures his wife or his female kin caught in the act of adultery. 1. The Committee urges the Government to provide all possible support for the speedy repeal of article 340 and to undertake awareness-raising activities that make “honour killings” socially and morally unacceptable. It also urges the Government to take steps that ensure the replacement of protective custody with other types of protection for women. 2. The Committee expresses its concern that the prohibition of abortion also applies to cases where the pregnancy is due to rape or incest. 3. The Committee calls on the Government to initiate legislative action to permit safe abortion for victims of rape and incest.
KYRGYZSTAN (1999) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Kyrgyzstan, 27/01/99, CEDAW/C/1999/I/L.1/Add.3.
29. The Committee is alarmed at the increase of all forms of violence against women, including gang rape. The Committee is also concerned that the emphasis of the initial report is on sexual violence rather than gender-based violence as an infringement of the right to personal security. 30. The Committee recommends that all forms of gender-based violence be a focus of serious concern. It recommends the enhancement of comprehensive measures to prevent violence and to support women victims, including gender-sensitization and the training of law enforcement officials. It recommends the collection of comprehensive sex-disaggregated data and information on the issue of violence against women. In the light of the linkage of violence with poverty, the Committee recommends the introduction of measures aimed at improving the economic status of women, including retraining for income-generating occupations. 31. The Committee recommends, in both urban and rural areas, the expansion of the network of crisis centres and the establishment of consultative services to provide necessary medical assistance to women victims of violence. 32. The Committee is concerned about the increase in alcoholism and drug addiction, to the extent that these are causes of health problems, as well as violence against women everywhere. 34. The Committee is concerned that lesbianism is classified as a sexual offence in the Penal Code. 35. The Committee recommends that lesbianism be reconceptualized as a sexual orientation and that penalties for its practice be abolished. 36. The Committee is concerned about the increase in prostitution and the trafficking of women, which it views as being related to poverty, lack of employment and the lack of adequate national measures to suppress the growth of these practices. 37. The Committee recommends that increased efforts in cooperation with other countries be taken to arrest and punish perpetrators of trafficking. It also recommends that domestic measures be launched to combat the negative effects of structural adjustment programmes on women and to provide job opportunities and training to vulnerable women. 43. The Committee is concerned at the situation of women's health, in particular the increase in the incidence of maternal mortality and morbidity, as well as the high rates of infant mortality and use of abortion as a method of contraception. 44. The Committee recommends the introduction of comprehensive family-planning programmes, based on the right to reproductive choice, as well as measures to ensure that abortion is not perceived as a method of contraception.
LIBYAN ARAB JAMAHIRIYA (1994) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Libyan Arab Jamahiriya, 12/04/94, A/49/38, paras. 126-185.
149. Considering that prostitution was a widespread phenomenon, members sought more information on the de facto situation and the exploitation of women by way of prostitution, and asked for relevant statistical data. Concerning law 70 of 1973, it was asked whether the sanction under Article 407 applied to the prostitute or to the client, what the criteria were for an "indecent act" under Article 408, whether male prostitutes were put under the same sanctions as female prostitutes and what the sanctions for offences under Articles 415 and 416 were. 150. The representative replied that since traffic in women and forced prostitution were punishable crimes, no policy measures regarding prostitution existed. 151. In additional observations, members requested clarification of the rights of prostitutes who were also women and, as such, should be covered by the Convention. 153. Members inquired why sanctions against prostitution were linked to those against adultery. The representative explained there was no discrimination in the punishment for adultery, whether committed by men or women. 154. Addressing questions regarding artificial insemination the representative apologized for the mistake of including the issue under Article 6 and said that artificial insemination was permissible only between husband and wife and that it required the consent of both. 166. Questions under this Article referred to the greater number of men than women living in the Libyan Arab Jamahiriya and whether that was the result of the higher mortality rate of women; the issue of teenage pregnancies in the light of the health risks involved and their consequences for women's advancement; the position of disabled women and the reasons for the rule that the husband's approval was necessary in cases of family planning. 167. Members noted that the large number of nurses confirmed that women mostly took up traditional feminine careers and they requested statistics on the incidence of HIV/AIDS and information on policies and measures to prevent that disease. 180. The Committee noted with concern a contradiction in the State party's report. While the State party was on the one hand introducing revolutionary measures for the emancipation of women, it was on the other hand emphasizing their role as mothers and housewives, thus reinforcing what was already stiff cultural resistance to substantial change. 183. The Committee recommended that the State party take all the necessary measures to reconsider the general reservation entered on its ratification of the Convention.
LIECHTENSTEIN (1999) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Liechtenstein, 01/02/99, CEDAW/C/1999/I/L.1/Add.4. 27. The Committee notes the high numbers of children born outside wedlock. It recommends the development of studies and indicators to determine the impact of laws and policies on women since linkages between the strict anti-abortion law and the high incidence of children born out of wedlock might be revealed. The Committee urges the Government to institute measures to protect single mothers from the financial and social risks of poverty.
28. The Committee requests the Government of Liechtenstein to provide information addressing the concerns raised in these concluding comments in its next periodic report required under Article 18 of the Convention.
LUXEMBOURG (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Luxembourg, 14/07/97, A/52/38/Rev.1, PartIIparas. 184-227.
203. The Committee expressed concern at the lack of sex disaggregated statistical information in the fields of labour, health, prostitution and rural women. It noted that that impeded assessment of the progress in the implementation of the Convention over time. 207. The Committee noted with concern the high level of violence against women, in particular domestic violence, and regretted the delay in adoption of a law on sexual harassment. 208. The Committee was concerned at the existing national provisions concerning the implementation of Article 6 of the Convention, in particular the lack of effective measures for the protection and rehabilitation of women prostitutes. 209. The Committee was also concerned by the lack of gender analysis of women's health needs, in particular in relation to their reproductive rights. 210. The Committee was deeply concerned at the existing legislation on abortion, which penalized women. It noted that, at the same time, no sufficient mechanisms to prevent abortion, including free distribution of contraceptives, were in place. 220. In the field of violence against women, the Committee recalled its general recommendation 19 (eleventh session), on violence,1 and suggested that the Ministry take all appropriate measures, including legislation, to combat the sexual abuse of women, in particular within the family, so as to ensure effective protection of women against domestic and other forms of violence. 221. The Committee emphasized the need for the adoption of effective measures to prevent abortion and for a review of the social insurance benefits system so as to allow women to have access to free contraceptive methods. 222. The Committee recommended that an analysis of women's health needs be undertaken and that awareness-raising campaigns on mammography continue so as to ensure that more women made use of that service. 225. The Committee encouraged the State party to pursue and develop further its policy of disseminating information and increasing awareness of the Convention. It recommended the integration of the provisions of the Convention and women's rights into the training curricula of professional groups, such as teachers, law enforcement and correctional officers, judges, social workers and health personnel, who deal with women.
MADAGASCAR (1994) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Madagascar, 12/04/94, A/49/38, paras. 186-244.
205. The attention of the Government was drawn to the Committee's general recommendation 19 on violence against women, and information was requested on whether women and women prostitutes had
the same rights to protection against violence as other women and access to health services and HIV/AIDS programmes. In reply, the representative stated that prostitution was generally disapproved of but that the society was flexible in condemning women because of the existing poverty and the need to survive. Violence was considered a breach of the law whether it involved prostitutes or other women, but had degrees of seriousness that were penalized appropriately, ranging from fines to imprisonment. 215. The representative indicated that there was also equality between men and women in health issues but an increase in maternal mortality had been noted in recent years. 216. Members of the Committee were concerned by the situation of rural women and their access to health, and questioned the method used for family planning and the high level of women's mortality. The representative stated that both men and women enjoyed the same rights concerning health. Nevertheless, two factors affected women's health: insufficient medical assistance and family planning. Those factors had thus determined the objectives of the national policy on population. 217. In answering a question whether there were special programmes for women's health, the representative stated that there were some programmes, such as that relating to breast cancer, and that HIV/AIDS was not a major problem in the country. In response to a question on female circumcision, she said that it was not practised. 218. The Committee requested an assessment of the results of the implementation of health policies in effect and how they influenced young people, the use of contraceptives by women and the involvement of non-governmental organizations in those programmes. The Committee also expressed interest in legal literacy to enable women to defend their own rights. 224. The representative provided additional information, stating that married women could retain their maiden names even in the context of their traditions. With respect to any apparent differences between men and women, when adultery was committed by a wife it was considered a major offence, while in the case of the husband it was regarded as a simple offence with minor penalties. She expressed disapproval in that regard, and indicated that women were working together to tackle that point in the National Assembly. In order for women to enjoy peace, equality and development, they needed to win their rights. 240. The two unequal laws on adultery should be abolished. Those laws were very discriminatory. The law on inheritance also needed urgent review to ensure that a woman's right to inherit was equal to that of a man. 241. The widespread practice of customary marriage might put women and children into a vulnerable situation and the next report should indicate how legal provisions were applied in situations to safeguard the rights of the wife and children. 242. The Government of Madagascar needed to improve the health services in general and particularly for women because improved health status of women invariably improved the overall development of any country. 243. The next report should indicate what effective measures were being taken by the Government to counter the alarming situation in women's health. It should also provide more information on violence against women, especially on women engaged in prostitution, and their health status. 244. The health situation in Madagascar was deteriorating despite the fact that free health services were available to all. A rising child and maternal mortality rate and declining life expectancy was totally unacceptable if any meaningful benefit was to be derived from the ratification of the Convention. A very high death rate of women due to abortion was also a matter of great concern.
MAURITIUS (1995) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Mauritius, 31/05/95, A/50/38, paras. 160-217.
179. Members inquired about laws governing the solicitation and purchase of a prostitute's services. They also wanted to know if prostitutes were undergoing regular medical check-ups. Members inquired whether there were any specific laws designed to protect minors from sexual tourism. They also wanted to know if immigrant women were among prostitutes and if there were laws against trafficking in women. 180. In response, the representative of Mauritius informed the Committee that there was no registration of prostitutes in her country and that prostitutes therefore operated illegally. She however pointed out that, owing to the sensitization campaign on AIDS, they were now more conscious of health hazards associated with their profession. She cited a television source, according to which prostitutes underwent regular medical check-ups. She referred to the relevant sections of the Criminal Code and the Child Protection Act that stated that procurement, enticement or exploitation of adults and children for purposes of prostitution were considered an offence and were subject to penalties. 189. Members noted that the report indicated that, under the Labour Law and the exportprocessing zone act, women in Mauritius were entitled to maternity leave for only three pregnancies. They asked what would happen when a fourth pregnancy occurred, particularly in the light of the strict laws on abortion. The representative of Mauritius responded that paid maternity leave was restricted to three confinements. Female employees were granted leave without pay after the third confinement. She also pointed out that that provision was in line with the national population policy to discourage large families. 190. As to the policy of granting an employed woman a one-hour break to breast-feed her child, members wanted to know how that provision was implemented and whether that law was necessary for working mothers. The representative replied that practical difficulties were encountered in implementation of that provision because there were few nurseries near the factories. She said that the law had been enacted to encourage breast-feeding. 195. Members of the Committee asked what the Ministry for Women's Rights was doing to improve the poor quality of life of women in Rodrigues. What was done with respect to the provision of health services and job opportunities for women in Rodrigues and to the improvement of social infrastructure? The representative informed the Committee that there was a Ministry for Rodrigues, which dealt exclusively with the situation there. She also stated that new information had been collected and updated. The situation in Rodrigues was improving: water, sanitation and roads were widely available but a lot remained to be done. Figures that reflected the situation in Rodrigues would be provided in the next report. 196. Members of the Committee asked how family planning reached all women, including poor women. They also wanted to know what the prospects were for a revision of the anti-abortion legislation. The representative of Mauritius replied that family planning in her country was available to women of all ages, married and unmarried, and was specifically targeted to teenage women. In spite of the wide availability of contraceptive methods, about 2,000 complications from abortion were reported each year and it was not clear whether those were natural or induced. 199. A question was raised by members as to how environmental degradation affected rural women and what measures were taken in that respect. Members noted that changes in food habits were mentioned and asked for more information and whether it implied a worsening of nutritional standards. In response, the Committee was informed that a survey conducted in 1988 revealed that 38 per cent of women were anaemic and that obesity was most prevalent among the female labour force. There was a tendency among the population to go for fast food and disregard nutritional standards. The Ministry of Health and the Ministry of Agriculture were engaged in developing a food and nutrition policy in order to help families
to adjust to new patterns of life in a newly industrialized society. She informed members that environmental degradation was especially visible in Rodrigues, mainly through soil erosion and deforestation. Measures to sustain the environment had been initiated and involved terracing of land, reforestation, sensitization, waste management and others. 209. The Committee noted that the report did not provide enough information on prostitution and trafficking in women and rehabilitation programmes in this respect. The next report should provide more information in this regard. 211. The Committee noted that the reasons for the high rate of teenage pregnancy despite improved family planning programmes were not explained. The Committee also noted that the report did not specify clearly whether family planning services were made available to women irrespective of marital status.
MEXICO (1998) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Mexico, 14/05/98, A/53/38, paras. 354-427.
379. The Committee observes with satisfaction that the civil, civil procedure and penal codes have been modified in order to facilitate proceedings with regard to violence against women in the family, including marital rape. It also commends the 1996 Federal District law to prevent and assist victims of intrafamilial violence and the fact that Mexico has signed the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (the Convention of Belém do Pará). 384. The Committee welcomes the reinstitution of the Women, Health and Development Programme in 1995 and the elaboration of the Reproductive Health and Family Planning Programme, 1995-2000, both of which are evidence of the efforts to improve the quality of health care for women in the country. 389. The Committee expresses its concern with regard to the discrimination faced by indigenous women, where the health, education and employment indicators are below the national average. It also expresses concern about the situation of rural women living in poverty and in extreme poverty. 391. The Committee expresses concern with regard to de facto discrimination, referring, in this regard, to the situation of women workers in factories where, according to information received from various sources, Mexican labour legislation, particularly legislation on the reproductive rights of women workers, is being violated. The Committee also refers to the situation in certain areas where the principle of equal salary for work of equal value is not applied and where women of child-bearing age are subject to mandatory pregnancy tests as a condition of employment. 394. The Committee notes the high, and unsatisfied, demand for contraceptive methods, particularly among poor urban women, rural women and adolescents. It also notes with concern cases in some localities in which contraceptive methods have been used without women's express consent, which is required under Mexican law. 395. The Committee expresses serious concern at the possible existence of an illicit traffic in women. It notes that if there is trafficking in women, that this is a serious violation of their human rights. 399. The Committee refers to the high rate of teenage pregnancy and the lack of access for women in all States to easy and swift abortion.
403. The Committee recommends that the Mexican Government continue its efforts to reduce poverty among rural women, particularly indigenous women, and to work together with non-governmental organizations, making special efforts to promote education, employment and health programmes conducive to the integration of women into the development process, both as beneficiaries and as protagonists. In view of the relatively high growth levels of the Mexican economy that have been mentioned, the Committee would welcome a more equitable redistribution of wealth among the population. 408. The Committee recommends that the Government consider the advisability of revising the legislation criminalizing abortion and suggests that it weigh the possibility of authorizing the use of the RU486 contraceptive, which is cheap and easy to use, as soon as it becomes available. 409. The Committee requests that information be given in the next report on the impact of programmes to reduce and prevent teenage pregnancy. 410. The Committee recommends the introduction of training for health personnel with regard to women's human rights, and particularly their right, freely and without coercion, to choose means of contraception. 414. The Committee recommends that the Government address the matter of whether it intends to legalize prostitution and whether this issue has been subject to public debate in its next report. It strongly recommends that new legislation should not discriminate against prostitutes but should punish pimps and procurers. 415. The Committee recommends that the legal penalties for rape be amended and that the State ensure their implementation. It also recommends rape awareness campaigns be conducted for nongovernmental organizations and legislators. 416. The Committee suggests that action be taken against employers who discriminate against women on grounds of pregnancy. The women concerned should be supported, and society sent a clear signal that such discrimination is not to be tolerated. 417. The Committee requests information in the next report on whether homosexuality is penalized in the criminal code. 426. The Committee recommends that all states of Mexico should review their legislation so that, where necessary, women are granted access to rapid and easy abortion.
MOROCCO (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Morocco, 23/01/97, A/52/38/Rev.1, paras. 45-80.
64. The Committee emphasized that cultural characteristics could not be allowed to undermine the principle of the universality of human rights, which remained inalienable and non-negotiable, nor to prevent the adoption of appropriate measures in favour of women. As a result, the Committee remained concerned at the profound inequalities affecting the status of women in Morocco. Considerable discrimination in the areas of marriage, conjugal relations, divorce and the custody of children still exists. Laws regarding the punishment of adultery and the ability to pass on nationality continue to benefit the husband to the detriment of the wife. 66. The Committee noted with concern that no legislation was envisaged to protect women against all forms of violence. The Committee was also surprised that the report made no mention of Article 6 of the Convention, which concerned prostitution.
68. The Committee noted with concern the high rate of maternal mortality in Morocco, the high number of unattended births, the unavailability of safe abortion and the need to develop further reproductive and sexual health services, including family planning. 78. The Committee strongly recommended that the Government take special measures to reduce maternal mortality rates and protect women's right to life by ensuring full and timely access of all women to emergency obstetric care.
MYANMAR (2000) Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Myanmar, 28/01/2000, CEDAW/C/2000/I/CRP.3/Add.2/Rev.1.
15. The Committee notes with appreciation that the Myanmar Maternal and Child Welfare Association, the country's largest non-governmental organization, with branches and associations all over the country, has been working closely with the Government in the area of women’s health, in particular, maternal health. 16. The Committee notes with satisfaction that in Myanmar women have the same rights as men to acquire, administer and dispose of property and that a wife has the right to transfer half of the marital property into her name upon divorce. 17. The Committee notes with satisfaction the high literacy rate of women in Myanmar. The Committee notes with satisfaction that the legal age for marriage is 20 years for both sexes. The Committee welcomes the fact that wife-abuse is not common in Myanmar. It also commends the Government for initiating further research into domestic violence with a view to eradicating this phenomenon altogether and raising community awareness of existing laws in this regard. 29. The Committee notes with concern that there is little information on the trafficking in women and girls, despite the magnitude of the problem. 31. The Committee requests the Government to include in its next report more information and data on the situation of trafficking in women and girls. The Committee is also concerned with the increasing number of women with HIV/AIDS. The Committee requests more information on the situation of women affected by HIV/AIDS, including women in trafficking and prostitution, in the next periodic report. Information should also be given on their access to health care, as well as the Government’s efforts to educate women, and on measures to prevent the spread of the disease. 34. The Committee expresses its concern about the situation of women in custody, especially with regard to their being subject to sexual violence. 35. The Committee requests the Government to include in its next report more information on women in custody, including data on custodial violence and the protection of the human rights of women in custody. 36. The Committee is concerned with the restrictions on the number of women admitted to certain courses in higher education, which contravenes article 10 (b) and (c) of the Convention. 37. The Committee urges the Government to modify the policies on restricted admission, noting that women themselves should be entitled to decide which subjects or professions they wish to pursue.
38. The Committee notes with concern that the information provided on primary education is insufficient, in particular in regard to the enrolment of girls. 39. The Committee requests the Government to include more information and data with regard to primary education in its next report. The Committee also recommends that the Government set numerical targets for enrolment of girls in primary education, and that it report on the results of the implementation of such targets. 40. The Committee is concerned that there is no information on a woman’s right to terminate a pregnancy resulting from sexual violence. The Committee is also concerned with the high rate of maternal mortality in Myanmar, since it notes that induced abortion often results in maternal mortality. 41. The Committee urges the Government to extend the coverage of the contraceptive distribution programme in order to reduce maternal mortality from unsafe abortions. The Committee requests the Government to include in its next report more information on pregnancies resulting from rape or sexual violence and the services that are available to the victims.
NAMIBIA (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Namibia, 14/07/97, A/52/38/Rev.1, PartIIparas. 69-131.
75. Religious beliefs, cultural practices and remaining inequities under general and customary laws were factors that continued to allow men to dominate women in the family context. Sexual stereotyping of women as mothers had led to difficulties for many women in choosing career paths other than motherhood. Regional gender workshops organized by the Government were being used to combat sexual stereotyping. 79. Namibia's fertility rate was one of the highest in the world and the Government continued to be committed to reducing that rate through public campaigns and expanded family planning services. Abortion was illegal, except in cases of incest and rape and for reasons of health of the mother or baby. Legal abortions and infanticide were significant problems in Namibia, but the law on abortion and sterilization was under discussion. There was also a high incidence of polygamy in some communities. HIV and AIDS were increasing at an alarming rate, especially among women, as a result of their low social and economic status. 103. The Committee was concerned that the issue of maternity leave was dealt with under Article 4 of the Convention as it was of the view that such a measure was not a measure of affirmative action. 105. The Committee expressed concern that the health of prostitutes was not taken into account and that, unlike other women, they did not have access to health care. 107. The Committee also expressed concern with respect to the current inadequacy of the law on rape and other forms of violence against women. 108. The Committee was concerned that pregnant teenage women were punished by expulsion from school. 111. The Committee was also concerned about the high number of illegal abortions in Namibia and the high rate of maternal mortality, and the fact that the inadequacy of the existing law on abortion contributed to the problem.
120. The Committee recommended that the Government take immediate action to combat domestic violence. That should include such legal measures as amending the law on rape and extending it to include marital rape. The Committee also recommended that the State courts have sole jurisdiction in cases of sexual violence, and that victims be given better privacy and protection during court proceedings. 121. The Committee emphasized the importance of measures such as improving the economic empowerment of women, to reduce their dependence on men and their vulnerability to domestic violence. The Committee also recommended that the Government introduce awareness-raising programmes for health professionals, the police and the judiciary to improve their understanding of the problem that violence posed for women. 127. The Committee recommended that the Government of Namibia adopt the necessary measures to review the laws containing punitive measures against women who had undergone illegal abortions.
NEPAL (1999) Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Nepal, 01/07/99, CEDAW/C/1999/L.2/Add.5. 23. The Committee recommends that a definition of discrimination in compliance with article 1 of the Convention be included in the relevant laws. The Committee also urges the Government to amend, as a matter of priority, discriminatory laws on property and inheritance, the laws on marriage, nationality and birth registration, the Bonus Act, and discriminatory criminal laws, including the law on abortion.
31. The Committee expresses concern at the current law, which criminalizes abortion, including in cases of pregnancy through rape or incest. The Committee considers that the current law on abortion contributes to the high maternal mortality rate in Nepal. The Committee is also concerned that the proposed amendments to the current law continues to be restrictive, allowing abortion only when the mother's health is in danger. 32. The Committee urges the Government to revise existing legislation and to reconsider the proposed amendments so as to provide services for safe abortions. The Committee recommends that the Government prioritize prevention of unwanted pregnancy through family planning services and sex education. In these efforts, the Committee suggests that the Government take account of general recommendation 24 on article 12 - women and health. 33. The Committee is concerned about the high incidence of prostitution and the increase in trafficking in women and girls, in particular for the purpose of prostitution. It expresses its concern that girl children are taken across the border for the purpose of child marriage. 34. The Committee urges the Government to take effective steps to review existing legislative provisions on prostitution and trafficking in women and their compatibility with the Convention, and to ensure their full implementation and compliance. It also calls upon the Government to initiate regional and bilateral cooperation, taking into account sub-regional, regional and international agreements and standards on this issue. It urges the Government to review its criminal code, to punish persons who procure women for prostitution or for trafficking, to establish repatriation and rehabilitation programmes, as well as support services for victims of trafficking. 37. The Committee expresses concern that traditional customs and practices detrimental to women and girls, such as child marriage, dowry, polygamy, deuki,( a tradition of dedicating girls to a god or goddess, who become "temple prostitutes, which persists, despite the prohibition of the practice by the
Children's Act) badi (the ethnic practice of forcing young girls to become prostitutes) and discriminatory practices that derive from the caste system are still prevalent. 38. The Committee recommends that the Government, in coordination with civil society, including women's groups and non-governmental organizations, initiate policies and programmes to eliminate discriminatory cultural attitudes towards women and girls. It recommends implementation of an extensive public awareness campaign in order to increase the understanding of gender issues and human rights of women amongst the people of Nepal.
NETHERLANDS (1994) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Netherlands, 12/04/94, A/49/38, paras. 245-317.
272. Doubts were expressed as to whether voluntary prostitution could be considered an entirely personal matter and a profession. Confronted with the issue of the forced prostitution of immigrant women, the representative of the European territory of the Netherlands replied that traffic in women was considered a problem of forced prostitution and that persons who were illegally in the Netherlands and had been forced into prostitution would be granted a residence permit for the period of time covering any investigation into their situation and the court session. 273. Regarding the HIV/AIDS situation in the Netherlands, it was reported that the Government had been formulating a policy on HIV/AIDS since the beginning of the epidemic, a policy which was being implemented at national, regional and municipal levels, in close cooperation between the competent health ministry and interested groups. Its key aims were prevention of the further spread of HIV, care, research and prevention of discrimination against infected persons, including AIDS-information campaigns for prostitutes. 295. When asked whether the Government of Aruba was planning to eliminate the provision according to which dismissal on the grounds of pregnancy was legal, the representative of Aruba stated that in the instance of female government employees no cases of dismissal on the grounds of pregnancy had ever been presented. In the private sector, dismissal required special previous approval and pregnancy was not considered to be sufficient reason to grant such permission. As the Civil Code prohibited dismissal in cases of sickness, pregnancy was considered to be included under "sickness". 296. In reaction to the comment by members that the report was not detailed enough on the question of health, the representative of the Netherlands said that in 1994 a study would be conducted on the access of women to health services. 297. Replying to a question about the availability of special programmes for women who were already infected with HIV/AIDS, the representative said that while all government programmes were accessible to both women and men, the Government subsidized a "Women and AIDS" office and self-help groups were trying to get women out of their isolation. Although tourism was one of the main industries in Aruba, the prevalence of AIDS infection was relatively low. The National AIDS Commission offered care and counselling, as well as control measures, including health education. Specific information and guidance was also provided to prostitutes. 298. Following a request for further information on drug addiction among women and related programmes, the representative of the Netherlands explained that the central objective of the drug policy was to reduce, as much as possible, the risks that drug abuse presented to the users, their environment and society. A pragmatic approach to the problem proved to be more effective and statistics showed that generally one woman was addicted for every three men.
300. Referring to the question whether there was legislation regarding artificial insemination and whether it was based on ethical or on scientific principles, the representative replied that artificial insemination was not regulated by law. However, hospitals had their codes of conduct and an individual physician with a different view on the matter could refer a woman to a colleague to undertake the procedure. It was important that women applying for that procedure not be refused on the basis of their marital status, sexual preference or lifestyle. Pregnancy at an advanced age was currently not covered by law. 301. Members of the Committee requested clarification about the abortion policy in the country. It was explained that the reason for the five-day waiting period was to safeguard responsible decision-making and to give the women the chance of reconsidering if they wished to. Abortion could be carried out only by a physician in a hospital or clinic with a permit and was allowed only in a medically or socially untenable situation in which it was deemed necessary.
NEW ZEALAND (1998) Draft Concluding Observations of the Committee on the Elimination of Discrimination against Women: New Zealand, 09/07/98, CEDAW/C/1998/II/L.1/Add.9. 24. The Committee expresses serious concern at the continuing existence of a reservation to Article 11 (2) (b) on paid maternity leave. It is concerned that the requirement for women to negotiate maternity leave individually with their employers, rather than being established as a matter of national law and policy, is a disadvantage for New Zealand's women. It is also concerned about the constraints for obtaining unpaid maternity leave and the lack of awareness by women of existing unpaid parental leave rights. 25. The Committee recommends that the Government examine in greater detail paid maternity leave provisions that exist in a number of countries at a comparative level of economic and social development. It also recommends that the Government study the impact of existing maternity leave provisions on women's equal pay and career opportunities. The Government should also consider the possible long-term impact of this situation, especially in conjunction with the proposed Matrimonial Property Amendment Bill which does not recognize future earnings in divorce settlements. 33. The Committee expresses concern that the ongoing privatization of social services and the introduction of fee-based systems in areas such as health reduces women's, especially poor and Maori women's, access thereto. 34. The Committee recommends that the Government closely monitor the impact of privatization on social services, especially in health, so as to ensure equal access to quality health care for all women. 37. The Committee is concerned that the situation of M_ori women remains unsatisfactory in many areas, including the high percentage of M_ori girls leaving school early, higher-than-average teenage pregnancy rates, the continuing low number of M_ori women in tertiary education, their employment situation, their absence from the judiciary and political decision-making, their health situation and access to health services and higher- than-average incidences of domestic violence.
44. The Committee expresses concern that the Government did not provide sufficient data and information on prostitution, the Prostitutes Collective and the treatment of sex workers who were in the country illegally. (1994) Concluding Observations of the Committee on the Elimination of Discrimination against Women: New Zealand, 12/04/94, A/49/38, paras. 608-665.
620. The representative stated that women's health was a key issue. She noted that cervical cancer, identified as a preventable disease, had been killing over 100 women a year. A national cervical screening programme had been established, which had a particular emphasis on the Maori and Pacific Island women. Breast cancer was also being addressed. The improvement in health services for Maori women had also been emphasized. Attempts had been made, with some success, to encourage healthy lifestyles and to reduce the high incidence of smoking among Maori women. 626. Members of the Committee indicated their general satisfaction with the report, its presentation, its comprehensiveness and the information contained therein. Concern was expressed about the remaining reservations on women in the armed forces and on paid maternity leave in a country where there was such a large number of women in the workforce. 631. Members asked about an apparent discrepancy between the reservation on maternity leave with pay and various legislative measures to prohibit discrimination, such as the new Human Rights Act. 640. Replying to the question whether, in family education, prenatal and postnatal education had been extended nationwide, particularly to Maori women, the representative stated that a number of organizations, including Crown Health Enterprises, general practitioners, practical nurses and others, provided such education. There was some evidence that mainstream services were not well used by Maori women, who had a different profile from their non-Maori counterparts. That had led health-care authorities, Government departments and Maori women's groups to explore different ways of meeting the particular needs of Maori women. Examples of such initiatives included the Tipu Ora programme, which supported Maori women during pregnancy, and had resulted in a reduction in smoking, promotion of breast-feeding and a significant reduction in Maori infant cot deaths, the establishment of Whare Paruora health clinics, Government-funded research into new models for the delivery of prenatal and postnatal care to Maori families and Government funding for iwi (tribal) based health programmes. 645. The representative informed the Committee about the response of the general public and women's groups to the increase in the spread of HIV. She observed that there was evidence that sex workers in New Zealand were relatively free of HIV/AIDS. The number of women infected with AIDS was as low as 17 out of the 48 HIV cases that were diagnosed in June 1993. The widespread use of condoms, predating the appearance of HIV/AIDS, was indicated as the factor contributing to the low incidence among sex workers. In addition, the representative indicated that women's groups had been concerned about the risks of late diagnosis of women infected with HIV/AIDS and had identified the need for information programmes that specifically addressed the issues of pregnancy and breast-feeding. Funds had been made available by the Government for education and sexual health programmes. 656. It was asked why the pilot project on mammography had been restricted to an older age group. 664. The Committee suggested that the Government review its reservations with the intention of withdrawing them, particularly that entered to paid maternity leave. The Committee found it difficult to understand why paid maternity leave had not been implemented in working life.
NIGERIA (1998) Draft Concluding Observations of the Committee on the Elimination of Discrimination against Women: Nigeria, 07/07/98, CEDAW/C/1998/II/L.1/Add.6.
16. The Committee notes the predominance of cultural stereotypes that are prejudicial to women. The Committee is also disturbed to learn about the continued existence of such practices as polygamy, inhumane rites undergone by widows, female circumcision, which present serious dangers to the physical and emotional health of women and violate their fundamental human rights. 17. The coexistence of three legal systems, civil, religious and customary, make it difficult to adopt and enforcelaws which genuinely protect women's rights.
23. The Committee is concerned by the lack of statistical data in the reports. While there are financial constraints in this context, the use of statistics allows a clearer understanding of progress since the previous report, including in the areas of domestic violence, prostitution, women's labour, including in the informal sector, and women's and children's health.
31. The Committee is concerned there are no statistics and information on AIDS and sexually transmitted diseases in the reports. The Committee also notes that polygamy and prostitution contribute to the spread of sexually transmitted diseases. 32. The Committee recommends that statistical data and information be compiled on the incidence of HIV/AIDs and other sexually transmitted diseases. 33. The Committee is alarmed by the rates of maternal and infant mortality and the lack of medical facilities for women and children. 34. The Committee encourages the Government to increase its efforts to guarantee access to medical services and hospital medical facilities, particularly in the context of women's health needs. The Committee notes that family planning programmes must be available to all, including young women and men and stresses women's right to receive informed and reliable medical care. The Committee recommends that free access to health services should be a priority for Government. In this regard, it recommends that the Government take account of he recommendations of the United Nations Development Programme relating with respect to sustainable human development.
NORWAY (1995) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Norway, 31/05/95, A/50/38, paras. 452-495.
466. Despite all the steps taken to assist and support victims of sexual abuse (incest, rape, etc.), violence against women does not seem to have been reduced. The members wanted to know if any study has been carried out on the causes of this phenomenon so as to find out which aspects of the society are responsible for these crimes. The representative stated that several studies have been carried out in order to understand the causes of violence and which aspects of society may be responsible for such crimes. The findings on these studies, however, differ depending on their theoretical framework. 469. As to the increasing incidence of child abuse, the Committee noted the establishment of centres for incest victims. The members wanted to know if preventive and rehabilitative measures also are directed to the abusers. Is there legislation dealing with this issue? The representative stated that the fourth periodic report described two measures directed to abusers. The Ministry of Social Affairs has provided
funds for three treatment projects for persons convicted of sexual crime. A reference group will evaluate the projects and present proposals for treatment of sexual criminals. One major issue of the research programme (1992-1996) on sexual violence was the role of men as abusers and the preventive measures related to abusers. 470. The members wanted to know what the situation is concerning the sex business in Norway. What is the Government's policy here? The representative explained that in Norway, sex business has been considered to be comparatively limited. In recent years, a tendency towards more hard core pornography has been observed. It is also assumed that prostitution may be increasing because of the internationalization of the sex trade. Sex trade in various forms has been regarded as a serious matter by the Government. In this respect, combating child pornography and focusing on the persons that profit from prostitution have been among the concerns of the Government. The major approach has been to sharpen the provisions in the Penal Code relating to pornography and pimping. In relation to prostitutes, the authorities have initiated and supported several projects aimed at both preventing prostitution and motivating prostitutes to leave prostitution. Detailed information was presented in the fourth periodic report. 489. The Committee also welcomed the Government's holistic approach towards solving the issues connected with prostitution. 492. The Committee voiced concern over patterns of violence against women, including incest. 494. The Committee encourages the Government to take serious steps to address the problem of violence against women. It further suggests that attention be paid to the issue of violence against migrant women and trafficking in women.
PANAMA (1998) Draft Concluding Observations of the Committee on the Discrimination against Women: Panama, 02/07/98, CEDAW/C/1998/II/L.1/Add.4.
27. The Committee expresses deep concern at the general situation of working women in Panama. Despite the legal provisions guaranteeing equal pay for equal work, the reality was different. Women continue to be discriminated against in the workplace. In addition, women have no effective protection with respect to maternity leave and breast-feeding breaks. Further, although often better educated than men, women account for only 28% of the economically active population. 28. The Committee recommends the initiation of a campaign by the national machinery to guarantee that equality of treatment in the workplace. It further recommends that legislation on the right to maternity leave and breast-feeding be implemented vigorously to ensure adequate protection for women. 31. The Committee expresses deep concern in connection with the reproductive health of Panamanian women and an apparent setback in the treatment of the right to abortion in cases where the pregnancy is the result of rape. 32. The Committee recommends that multidisciplinary measures should be taken to provide special care to the victims of sexual violence and should include legal and psychological assistance for the victim. It also recommends that Panamanian women whose pregnancies are as a result of rape should be granted the opportunity to seek termination of such pregnancies. 41. The Committee expresses concern at the discriminatory treatment received by women engaged in prostitution in Panama, especially the statement that a prostitute would find it difficult to seek legal redress in the case of rape since the Code still
required the victim in that situation to be chaste and virtuous in order to be able to institute legal proceedings.
PARAGUAY (1996) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Paraguay, 09/05/96, A/51/38, paras. 105-133.
108. The representative gave details of several programmes that the Government, nongovernmental organizations and women's organizations had been implementing. Despite gains made in women's education, 6 out of 10 illiterate persons in the country were women, mainly from rural areas, and the levels of school retention were very low, especially for girls. The country had one of the highest rates of maternal death in the Latin American region, with abortion being the second most common cause of maternal death. 109. The proportion of women heads of households was very high and those households tended to be among the poorest. There had been some improvements in the granting of loans to women for microenterprises, as well as for housing. While segregation of jobs and education was easing and stereotyping in educational materials was being examined, disparities in economic activity and remuneration between women and men were very high. Some measures had been introduced to penalize and prevent violence against women, to regulate prostitution and to provide education on AIDS and sexually transmitted diseases. 118. The Committee noted the Government's recognition of the serious problem of violence against women, which had been declared a public health problem. 123. The Committee expressed great concern at the high level of easily preventable maternal mortality - one of the highest in the region - and of extremely unsafe abortions, especially among very young girls, as well as the high fertility rate and limited access to basic health and family planning services. It stressed that this situation was particularly serious among rural women, most of whom did not benefit from the right to health guaranteed by the Convention. 126. The Committee expressed its serious concern at the situation of rural women, who constituted the majority of the country's female population and whose living conditions were characterized by a lack of primary health care, limited access to education and a high drop-out rate. 131. The Committee called upon the State party to fulfil its obligations with respect to all the rights set out in Article 12 of the Convention. It stressed the urgency for the State party to take measures to deal with the high level of maternal mortality and illegal abortions and to consider reviewing the punitive measures of the law of abortion, in accordance with the Beijing Platform for Action. It also recommended that the State party provide sufficient and adequate family planning services and information.
PERU (1998) Draft Concluding Observations of the Committee on the Elimination of Discrimination against Women: Peru, 08/07/98, CEDAW/C/1998/II/L.1/Add.7.
21. The Committee recommends that the greatest possible care should be given to such women, who, in the main, were heads of household, and who should be the beneficiaries of programmes to promote
their participation in the labour force together with access for them and their families to education, health care, housing, drinking water and other essential services. 34. The Committee expresses concern at the effects of regulating prostitution, and expresses an interest in knowing whether such regulation had had the effect of protecting the rights of prostitutes and preventing them from falling victim to violence, trafficking and exploitation and from contracting diseases or whether, on the contrary, it had had the effect of protecting the health of the clients and making it easier for them to obtain sexual services. 36. The Committee expresses concern at the fact that, although it mentioned Act No. 26260 on domestic violence, the report does not make reference to any specific measures taken to deal with cases of violence, including incest, the incidence of which was extremely high. Moreover, the Committee is deeply disturbed by the instances of sexual violence against rural and indigenous women and the high rate of sexual abuse of teenagers and girls in the emergency zones. 37. The Committee recommends that the Government take the necessary practical measures to implement the Act and make the necessary efforts to treat the victims and to provide training to police officers, members of the army, and court, medical and paramedical personnel, psychologists, and nursing staff whose job it was to treat the victims. The Committee also recommends that official records be kept and the necessary monitoring system be established so as to make it possible to evaluate the magnitude of the problem and how it was evolving. The women's police offices had been a valid initiative to deal with such situations but they appeared to be insufficient. 46. The Committee notes with concern that maternal and infant mortality rates and teenage pregnancy rates were high and that malnutrition and preventable diseases are common, all of which contributed to a truly serious picture of the Peruvian health system. It notes that the main factor which affected women primarily in the most disadvantaged sectors was lack of resources to avail themselves of medical care when needed and with the necessary speed. 47. The Committee recommends that all due efforts be made so that such women can exercise their right to health and receive proper care and the necessary information from medical and paramedical personnel as part of basic respect for their human rights. 48. The Committee notes with concern that there is a close link between the number of abortions performed and the high maternal mortality rate, and it stresses that criminalizing abortion did not dicourage abortions, but rather had the effect of making the procedure unsafe and dangerous for women.. 49. The Committee recommends that the Government of Peru review its law on abortion and ensure that women have access to full and complete health services which include safe abortion and to emergency medical attention when complications arise from abortions. The Committee also requests that information be included in the next periodic report on the implementation of these measures and on the health services that are available to women who need emergency medical attention as a result of complications arising as a result of abortion. 50. The Committee expresses concern at the lack of information and lack of access to adequate contraception among poor women in urban and rural areas, indigenous women and teenage girls. 51. The Committee recommends the establishment of family planning programmes that emphasized sex education, use of adequate contraception and responsible use of sterilization services where necessary, with the patient's express authorization and after the consequences of such procedure had been fully explained. To that end it expresses itself in favour of guaranteeing and promoting the exercise of patient's rights in that area. 52. The Committee also expresses an interest in the implementation of programmes to prevent cervical and breast cancer, which are major causes of mortality among women, and in programmes to prevent the spread of HIV/AIDS and the programmes available to treat this disease.
(1995) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Peru, 31/05/95, A/50/38, paras. 398-451
438. The Committee raised concern about reports of rape, gang rape and custodial rape which had been documented by human rights organizations, especially those occurring in the "emergency zones" and affecting indigenous and peasant women. 443. The health status of women and children in Peru was of great concern to the Committee, particularly as regards high maternal mortality rates resulting from clandestine abortions. 444. The Committee calls upon the Government to ensure the provision of social services as education, employment and health as this greatly affects women. 446. The Committee urges the Government to look into the causes of high maternal mortality rates arising from clandestine abortions and to review the law on abortion, taking into consideration the health needs of women and to consider suspending the penalty of imprisonment for women who have undergone illegal abortion procedures. 447. The Committee suggests further that the Government seek the cooperation of medical associations and of judges and lawyers to consider more expansive use of the therapeutic exception to the criminal prohibition of abortion, in cases of danger to the mother's health.
PHILIPPINES (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Philippines, 28/01/97, A/52/38/Rev.1, paras. 275-305.
286. The Committee noted with satisfaction several measures taken between the third and fourth periodic reports, such as the provision of credit assistance to women, legislation prohibiting sexual harassment, raising the minimum wage for domestic workers and increasing maternity and paternity benefits for employed persons. 292. The Committee commented on the discriminatory application of laws enforced against women prostitutes and not the men involved as traffickers, pimps and clients, and noted further that forced medical examinations of the women without similar attention to the male clients was not effective as a public health measure. 299. The Committee suggested that measures for dealing with prostitution should focus on penalizing traffickers and creating alternative job opportunities for the women. 301. The Committee recommended that reproductive and sexual health services, including family planning and contraception, be made available and accessible to all women in all regions.
REPUBLIC OF KOREA (1998) DRAFT Concluding Observations of the Committee on the Elimination of Discrimination against Women: Republic of Korea, 08/07/98, CEDAW/C/1998/II/L.1/Add.8.
15. The Committee welcomes the Government's close collaboration with NGOs to combat domestic violence through the introduction of protective legislation in addition to the creation of sexual and domestic violence prevention and victim protection centres, emergency shelters and awareness-raising campaigns to encourage the reporting of and official response to domestic violence and other forms of sexual harassment.
28. The Committee is concerned that violence against women is still pervasive in Korean society. 29. The Committee recommends that the Government intensify its efforts to combat violence against women through, inter alia, the introduction of comprehensive measures, including gender senstitive training of the judiciary, health personnel, and law enforcement officials. It also recommends the provision of adequate shelters and the incorporation of models of non-violent forms of conflict resolution in education and the media. 36. The Committee's further concerns include: - The status and role of the national machinery, including the Commission on Women's Affairs, its authority and budget; - The differential minimum age of marriage for women and men; - The high rate of abortion; - The discriminatory impact of existing inheritance laws; - The provision of inadequate information on the numbers of women using health facilities, especially those with HIV/AIDs and STDs in the reports. 37. The Committee recommends the Government of Korea provide further information in its next periodic report describing measures taken to address these concerns. 38. The Committee recommends that the Government give special attention to the recognition of the right to social security provided by the 1955 Unemployment Insurance Scheme to disabled women, and that the policy to provide a variety of programmes for older women, including the promotion of their health, not be jeopardized by the present economic crisis. 39. The Committee recommends that that special attention be given by the Government, and if necessary special measures be introduced to prevent adverse consequences for women as a result of the present economic crisis.
RUSSIAN FEDERATION (1995) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Russian Federation, 31/05/95, A/50/38, paras. 496-552.
521. In response to the question on the impact of structural adjustment on the provision of and access to health care by women and children, the representative informed the Committee that access to health care in her country was guaranteed by the Constitution. The health care system was being transformed from a system based on the State budget to one based on private insurance. The State guaranteed access to free health care to women and children. 522. In connection with the question regarding the impact of the human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS) on women in the Russian Federation, the representative said that the Government considered this a priority task and a matter of national security. She informed the Committee that in January 1994, 264 cases of women with HIV had been registered in the Russian Federation of whom 42 per cent were girls and of whom 33 had been pregnant when diagnosed with the virus. The Government had drafted a law on the prevention of the spread of HIV/AIDS in the Russian Federation, which was now being considered by legislative organs of the Government.
523. Responding to the question on family planning and the request for recent data on that issue, the representative stated that the Government was financing a federal programme to establish familyplanning offices in all medical establishments. The programme aimed at greater availability of contraceptives and a reduction in the number of abortions. She informed the Committee that in 1994 25 family-planning centres were operating throughout the Russian Federation and, as a result of that, the abortion rate had declined to 94 per 1,000 women from 114 per 1,000 in 1990. 524. Concerning the impact of fertilizers and pesticides on the health of women farmers and their children, the representative stated that her Government had taken a number of measures directed at improving the life of rural women. Women in rural areas were in some cases entitled to additional benefits. Women below the age of 35 were not allowed to be assigned to work with poisons, pesticides and disinfectants. There was a specific list of occupations and places where women were not allowed to work. The Ministry of Agriculture and Food had developed a programme directed at the introduction of greater automation and reduction of manual work in the areas that were especially harmful to human health. 532. One expert made a comment about the impact of structural adjustment on social services and the deteriorating health of the Russian population. She was especially concerned about widespread illnesses of the lungs, the digestive system and the nervous system among Russian children. She requested more information on the causes of those illnesses, particularly nervous disorders. 533. In response to that comment, the representative cited ecological reasons, poverty and worsening nutritional standards as possible causes of the widespread deterioration in the health of Russian citizens. 542. The Committee expressed its concern as to the deterioration in the lot of women and children (e.g. in their health, life expectancy, employment opportunities, and educational opportunities), which seemed to be profound, despite recognition of women's political, economic and social rights. 544. The Committee expressed serious concern about the deterioration of the structure of the society as a result of restructuring of the country leading to mass migration. 545. The Committee also expressed concern about the transition's negative impact on the health of the population, especially women and children, in particular as regards tuberculosis, and the decline in the birth rate, being in fact exceeded by the death rate, which affected the growth of the population. The Committee was equally concerned about the quality of the population's diet and the subsequent increase in maternal mortality. 546. The Committee expressed its deep concern that all those problems had a serious impact on women in their roles in the family and affected their ability to earn an income and participate in education and all facets of the society. 547. The Committee was also concerned that inadequate public health financing had led to a reduction in guaranteed state medical aid to women and children, while state expenditure for education in general was being curtailed. 549. The Committee strongly recommends that in the light of the serious consequences of the current economic restructuring during the period of transition the Government should implement, as a matter of priority, emergency economic measures to alleviate the acute suffering of Russian women.
RWANDA (1996) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Rwanda, 09/05/96, A/51/38, paras. 301-331.
302. The representative pointed out some of the social, political and economic consequences of the events in her country, including physical, psychological, moral and spiritual destabilization of the population, total destruction of the structures of the State and an economy which is now dominated by humanitarian assistance. She pointed out that there had been systematic destruction of the means of production and public services. 303. The representative explained that efforts were under way to address the problems of the country and the effects of the genocide, including rehabilitation for those most affected in the population. 304. In describing the particular situation of women, she provided information on the total inadequacy of medical services, the extent of chronic malnutrition, the lack of clean water and the prevalence of HIV/AIDS, noting that women and girls were particularly vulnerable and that, between the ages of 14 and 40, the incidence of maternal death and infant death had increased substantially. They were also suffering from severe psychological effects; anxiety and depression were common. 320. The Committee noted with deep concern the extreme poverty that prevailed, the decimated economy, the destruction of economic and social infrastructure and the lack of funding for medical assistance for the survivors of the war. 321. The Committee was dismayed at the deep psychological trauma, the unwanted pregnancies and the massive rape of women and girls during the genocide, which resulted in widespread HIV/AIDS and other sexually transmitted diseases. This can of course eventually lead to further illness and death for thousands of women and girls. 322. The international community, including all United Nations agencies and Governments, must give massive support for poverty alleviation and education programmes aimed at eliminating human rights violations and rehabilitating Rwanda. 323. The Government should support women's quest for equal rights and their contributions in all areas of society, in particular in the reconciliation process and maintenance of peace. 324. Women and men should be equally represented on the International Tribunal for Rwanda; it must also have a focus on women's rights. 325. There must be a witness protection unit in the war crimes prosecutor's office to protect those who testify about rape, sexual violence and other crimes. 326. The monitoring unit of the Human Rights Field Operation in Rwanda must be educated and trained about sexual assault, rape, and systematic rape. It is strongly recommended that in appointing monitors women, in particular, be appointed, and that there be an emphasis on diversity of experience and familiarity with Rwanda's culture and language. 327. A thorough investigation of rape and sexual assault must be conducted. 328. The Committee recommends that the Government make every effort to include women in its rehabilitation efforts, at least on an equal basis with men. 329. The Government must put in place legal provisions that would advance women's reproductive and sexual rights, land titles to women and the right of women to be their children's legal guardian.
330. The Committee recommends immediate implementation of resolution 1995/5, entitled "Situation of human rights in Rwanda", as well as resolution 1995/14, entitled "Systematic rape and sexual slavery during periods of armed conflict", of the Subcommission on Prevention of Discrimination and Protection of Minorities.
SAINT VINCENT AND THE GRENADINES (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Saint Vincent and the Grenadines, 22/01/97, A/52/38/Rev.1, paras. 123-150.
138. Although the Convention on the Rights of the Child and human rights in general were part of the school curriculum, the Committee was concerned that the Convention on the Elimination of All Forms of Discrimination against Women was not taught in schools. The Committee was very concerned about the high rate of teenage and pre-teen pregnancy, which sometimes forced children to be mothers with very serious, negative consequences for their future, in particular, the interruption of their education. 147. The Government, in collaboration with non-governmental organizations, churches and all individuals and competent authorities, should introduce gender-sensitive reproductive and sexual health education, information and counselling in order to curb the very high rate of pre-teen and teenage pregnancy and should integrate reproductive and sexual health services, including family planning, into primary health care. 148. The law on abortion should be reviewed with a view to removing the penal provisions and in order to guarantee safe abortion and motherhood.
SENEGAL (1994) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Senegal, 12/04/94, A/49/38, paras. 66-728. 672. In respect to female circumcision, the representative stated that some 20 per cent of the population still practised genital excision without anaesthesia or psychological counselling, leading to severe health problems among women, including haemorrhage. He noted that the authorities did not approve of the practice, but it was not prohibited under the country's Penal Code. 673. Regarding prostitution, the representative indicated that although prostitution was not illegal, it had been pointed out as the source of the transmittal of sexual diseases. He indicated that prostitutes were required by the Ministry of Health to be registered, and failure to do so resulted in penal measures such as imprisonment. He also said that HIV/AIDS was linked to prostitution, with 30 per cent of all cases of HIV/AIDS being women. 674. The representative indicated that violence against women remained a problem although the Penal Code provided for legal redress. Rape was also frequent in spite of the severe penalties, and sexual harassment, which was sometimes confused with men's advances towards women, was an issue not dealt with under the Code.
691. In response to the request for additional information regarding prostitution, procurement, the penalties provided for under Article 323 of the Penal Code and the action taken for the social and economic reintegration of prostitutes, the representative noted that prostitution was not prohibited by law, but was subject to control by the Ministry of Health, which registered all prostitutes for medical check-ups on a bi-monthly basis. If prostitutes did not register themselves, they were subject to a penalty of imprisonment. Furthermore, procurement was a criminal offence under Article 323 of the Penal Code and was linked to prostitution and the unemployment of young destitute women. 698. In respect of the equal access of women to health services, the representative stated that all medical facilities were available to all those living in the country. 699. In respect of spouses infected with AIDS, he stated that they were alerted early on by the service that discovered the disease, with a view to avoiding its spread. 700. In respect of family planning, he added that methods were available in all the medical centres for the protection of the child and mother and for family planning. However, the rural areas had fewer centres than did the urban areas. 721. Despite the efforts of the Government to guarantee equal rights for women, certain discriminatory practices persisted, including female circumcision and polygamy, which gravely offended the dignity of women. 722. The Committee noted with concern that the situation of women was still precarious in the fields of health and education, especially in rural areas. 725. The Committee encouraged the State party to step up its public information campaigns on behalf of women and to expand its programmes to combat traditional practices which affect women's health and advancement in order to eliminate persistent forms of discrimination against women.
SLOVAKIA (1998) DRAFT Concluding Observations of the Committee on the Elimination of Discrimination against Women: Slovakia, 30/06/98, CEDAW/C/1998/II/L.1/Add.2. 16. The Committee expresses its concern at the overemphasis on legislative protection and cultural promotion of motherhood and family roles for women, rather than focusing on women as individuals in their own right. The traditional, stereotyped view of women as mothers is thereby reinforced and negates the participation of fathers in child care. That perception reflects a misunderstanding of such critical concepts as gender roles, indirect discrimination and de facto inequality 21. The Committee expresses alarm at the high rates of domestic violence against women, including murder in the home. The Committee is also concerned that charges cannot be brought against an abuser by the police independent of the victim and that securing a conviction often requires the corroboration of independent witnesses. Furthermore, there are no emergency or protective shelters available to victims of domestic violence.
33. The Committee expresses deep concern at the high rate of abortions among Slovak women. The Committee is concerned that abortion is being used as a form of family planning. The Committee strongly recommends an increase in family planning education and accessibility to affordable and safe contraception in order to reduce the number of abortions carried out.
SLOVENIA (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Slovenia, 23/01/97, A/52/38/Rev.1, paras.81-122. 98. The Committee noted with satisfaction the inclusion of the right to abortion in the Constitution of Slovenia. 107. The Committee noted with concern the very high number of abortions and the corresponding low use of contraception. Concern was also voiced with respect to the large numbers of single-parent families, which were usually headed by women. 119. The Committee suggested that there was a need to analyze the reasons for the high rate of abortion among Slovene women. It strongly recommended education for women and men on the full range of safe and reliable contraceptive methods, stressing the mutual responsibility of both sexes for family planning as well as recommending that such methods be widely available. 120. The Committee recommended that education for sexual and reproductive health cover gender relations and violence against women and that health-care professionals also be trained to identify cases of violence against women and to treat them appropriately. The Committee recommended increased measures for the early detection and the preventive treatment of breast cancer
SOUTH AFRICA (1998) DRAFT Concluding Observations of the Committee on the Elimination of Discrimination against Women: South Africa, 30/06/98, CEDAW/C/1998/II/L.1/Add.3. 7. The representative stated that the prevalence of human immunodeficiency virus/acquired immunodeficiency syndrome was highest among heterosexual African women aged 20 to 24, particularly those who were poor and otherwise marginalized, and that health care was available to pregnant women and children under age six at State clinics and hospitals. 14. The Committee notes with satisfaction that while health workers are not forced to participate in the provision of legal abortions, they may not obstruct access to services for termination of pregnancy. 26. The Committee recommends that the seriousness of rape, including marital rape, be emphasized and the law fully enforced. It also urges the Government to undertake research into the causes of the high numbers of rape so that effective preventive measures can be developed.
28. The Committee recommends that both the legal situation and the reality with regard to trafficking in women be addressed and requests that information on this issue be contained in South Africa's next report. 35. The Committee is concerned about the uneven distribution of health care services in the country. It notes that insufficient data disaggregated by sex are being kept on birth rates and in disease registers. It notes with concern that the practice of female genital mutilation has not been given attention. 36. The Committee encourages the Government to continue its efforts to ensure equal access to health services throughout the entire country. It further encourages the Government to continue its efforts to ensure women, particularly poor women, access to family planning programmes and related information to increase women's choices and as a means of empowerment. It recommends further research into the prevalence of female genital mutilation and other harmful practices, such as witch burning, and to ensure the prohibition and eradication of such practices. 37. The Committee underlines that vulnerable groups of women, especially rural women, require specific measures to empower them to overcome the constraints of poverty, low levels of education and literacy, high unemployment and high fertility rates. It notes the need for rural women's participation in land reform programmes.
SPAIN (1999) Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Spain, 01/07/99, CEDAW/C/1999/L.2/Add.6. 22. The Committee expresses concern that, notwithstanding the Government's active policy and concrete measures to eliminate them, stereotypical gender-based attitudes persist with regard to the roles of women and men in the home, in the workplace and in society. The Committee is particularly concerned that, while women are gradually becoming integrated into the world of work, men are not becoming involved in parental and household tasks in a comparable rate and manner.
23. The Committee recommends that high priority be placed on efforts to eradicate traditional stereotypes that perpetuate direct and indirect discrimination against women. The Committee encourages the State party to strengthen educational measures, beginning at a very early age, and to increase its collaboration with civil society organizations, the media and the private sector so as to achieve greater balance in the roles and responsibilities of women and men, particularly in the sharing of family responsibilities. In promoting this policy, it is also necessary simultaneously to encourage greater participation of women in decision-making in public life. 28. While welcoming the adoption of a Plan of Action on violence against women (1998-2000) covering six areas of activity and with specific resource allocation for each area, and the amendment to the Penal Code in 1999 concerning offences against sexual freedom, as well as on trafficking, the Committee is concerned about the apparent increase in domestic violence. 29. The Committee urges the Government to ensure that rigorous attention is paid to the elimination of domestic violence in the implementation of the Plan of Action. The effectiveness of the steps taken should be monitored on a regular basis, and a comprehensive impact assessment undertaken at the
end of the period covered by the Plan. The Committee also recommends that as experience is gained from the implementation of the Plan, based on good practices, the Government continue to introduce appropriate measures to eliminate domestic violence. It further urges that domestic violence issues be included as a mandatory part of the basic training of law enforcement personnel and that investigation and prosecution of domestic violence complaints be undertaken on a par with other criminal offences. 30. The Committee is concerned at the significant increase in abortions among adolescents aged 15 to 19 years old. 31. The Committee recommends that abortions among adolescents be addressed by multiple means, including age-appropriate sex education in primary and secondary schools. 32. Notwithstanding the existence of a good preventive policy on HIV/AIDS, the Committee is concerned at the increase in women's infection rate with HIV/AIDS. The Committee is also concerned at the high level of women's drug and tobacco consumption and other substance abuses. 33. The Committee recommends that awareness-raising campaigns be undertaken concerning the preventable health hazards stemming from tobacco consumption, and that the need be assessed for additional regulatory and education measures to prevent and reduce smoking by women, especially among adolescents and young women. The Committee also calls for further study of the causes for the increase in drug and alcohol use among women. The Committee invites the State party to provide in its next report detailed information on the provision of health services and health insurance to women, and in particular the potential and actual impact on women of any steps considered or taken towards privatization of the health sector. 34. While the Committee appreciates the Government's declared intention to apply the gender mainstreaming strategy in all policies and programmes, it notes the absence of any systematic attention to, or policy directed at the changes in the demographic composition of the State party. It notes a lack of attention to the situation of older women and the implications of demographic changes for women's health, poverty, pension entitlements and elder abuse. The Committee is particularly concerned that, according to the oral replies of the State party, women's domestic work and care for older persons are the two most important obstacles to women's equal participation in public life, and that 83 per cent of those caring for older persons are women. 35. The Committee recommends that the situation of older women be addressed in a comprehensive manner in the next Plan on Equal Opportunities as a matter of priority, and in a crosscutting and cross-sectoral manner, with emphasis on older women's pension entitlements. It also recommends that the care requirements for older persons be addressed through public policy measures in order to establish societal responsibility for their well-being, rather than allowing it to remain predominantly as women's unpaid responsibility. 38. The Committee notes with appreciation that women in rural settings are one of the 10 priority areas in the Third Plan of Action for Equal Opportunities. At the same time, the Committee is concerned about the lack of data with regard to rural women's poverty, employment rate, health situation, and educational achievement. It also notes a lack of data and information on the situation of other groups of particularly vulnerable women, such as disabled women.
THAILAND (1998) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Thailand, 02/02/99, CEDAW/C/1998/I/L.1/Add.6.
24. The Committee expresses its concern about the status of women migrant workers. In particular, the Committee is concerned about cross-border trafficking in women and girls, forced prostitution and the commercial sex industry. 25. The Committee strongly recommends that the Government consider the issue of migration and commercial sex work as a critical human rights issue. 29. The Committee expresses its concern at the high suicide rate, as well as the prevalence of mental illness, among women. 30. The Committee recommends that the Government conduct research into these matters and include information on them in the next report. 31. Recognizing that sexual harassment, rape, domestic violence and marital rape, whether in the family, the community or the workplace, constitute violations of women's right to personal security and bodily integrity, the Committee urges the Government of Thailand to amend the penal code in the light of the United Nations Declaration on the Elimination of Violence against Women and recommendation 19 of the Committee which also concerns violence against women. 34. The Committee encourages the Government to give full attention to the needs of rural women and to ensure that policies and programmes in all areas, in particular access to decision-making, health, education and social services, benefit them.
TUNISIA (1995) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Tunisia, 31/05/95, A/50/38, paras. 218-277.
229. Responding to questions regarding health care plans for prostitutes, the representative emphasized that the authorities focused on the health aspect and instituted mandatory medical visits for prostitutes in order to prevent sexually transmitted diseases and human immunodeficiency virus (HIV)/acquired immune deficiency syndrome (AIDS). 245. While commending the Government's efforts made in the area of family planning, members asked whether plans existed to expand the health coverage for women and girls. The representative confirmed the existence of such plans and programmes. 246. Asked whether a woman could decide to have an abortion or whether she needed the permission of her husband, the representative said that abortion was allowed under certain conditions and if it was carried out in a hospital by an authorized physician within the first three months of pregnancy. After that time abortion was allowed only for health reasons. 247. Further clarification was requested on women who allegedly suffered depression or hysteria as they sought to reconcile liberal education with traditional norms. The representative commented that those allegations were not supported by any reliable data and seemed to be part of the propaganda of fundamentalists.
TURKEY (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Turkey, 23/01/97, A/52/38/Rev.1, paras. 151-206.
177. The Committee noted with deep concern various Articles of the Penal Code, including those relating to the abduction of single and married women and to adultery, which were in contradiction to Article 2, paragraph (f) of the Convention. In particular, it noted that greater penalties were imposed for the rape of a woman who was a virgin. 178. The Committee noted with the gravest concern the practice of forced gynaecological examinations of women in the investigation of allegations of sexual assault, including of women prisoners while in custody. The Committee emphasized that such coercive practices were degrading, discriminatory and unsafe and constituted a violation by state authorities of the bodily integrity, person and dignity of women. 184. The Committee expressed its concern that spousal consent was required for abortion, a requirement it considered to be in contravention of Article 15 of the Convention. The Committee also expressed its disapproval at the existence of brothels regulated by law and the lack of information and statistical data about the phenomenon. 190. The Committee was particularly concerned at the high number of women in rural areas working in family enterprises, since their work was not recognized in the formal economy, they did not receive social security benefits and their access to health services was limited. 195. The practice of so-called honour killings, based on customs and traditions, was a violation of the right to life and security of persons and therefore must be appropriately addressed under the law. The Government was also invited to review in a critical manner the practice of virginity examinations in cases of alleged rape; likewise, it was invited to investigate whether coerced virginity examinations had been carried out on women in the investigation of sexual attacks or abuses or in any other circumstances. 196. The Committee requested the review of the requirement of spousal consent for abortion. 205. The Committee requested the compilation of current data and statistics on family planning methods, the use of such methods by men and women and access to contraception disaggregated by age and sex.
UGANDA (1995) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Uganda, 31/05/95, A/50/38, paras. 278-344.
311. Abortion was carried out in Uganda even though it was illegal. Members requested additional data on abortion. The representative answered that statistics on women dying from abortion had been difficult to obtain because the records from various hospitals were not compiled at one focal point. However, statistics from the main national hospitals indicated that in 1992 induced abortion accounted for one third of maternal deaths. While it had been possible to provide statistics on the ratio of HIV/AIDS infection between men and women, actual figures of people dying of AIDS had been difficult to get since the medical reports indicated the immediate causes of death, such as pneumonia, tuberculosis, etc., rather than AIDS. Furthermore, many deaths had not been reported by hospitals because they happened at home, especially in rural areas.
312. Members also wanted to know if a woman who was infected with AIDS could have a legal abortion. The representative explained that the legal position on abortion was that if two medical doctors independently agreed that it was necessary for the woman's health, then an abortion could be performed. 313. Government programmes to combat the spread of AIDS had to target all members of society, and should include information on the use of condoms. To provide for the latter, however, was a matter of financial resources. 314. Members requested specific statistics regarding the incidence of rape and incest, particularly of young girls. The representative explained that that information was difficult to obtain since there was no coherent pattern in police records. 315. As to the difference in the number of births per woman as stated in the written and oral reports, the representative stated that the recent increase of fertility rates could be explained by AIDS and high infant mortality rates. 320. Members suggested that women in high political positions should become involved in information campaigns about the use of condoms, the spread of AIDS, etc. 331. The Committee expressed serious concern over the alarming death rates among women as a result of the AIDS crisis, particularly among women of child-bearing age, and its association with high fertility rate. 332. The Committee expressed concern at the prevalent religious and cultural practices still existing that perpetuated domestic violence and discriminated against women in the field of inheritance. 333. The Committee expressed serious concern about the continuing practice of genital mutilation, such as specifically female circumcision in one area of Uganda. 336. The Committee was deeply concerned by the sexual abuse against school children by their teachers and other adults. They noted that this had serious consequences on their lives, among others, high rate of school drop-outs. 338. The Committee suggests that existing measures be reassessed to combat AIDS. Foremost of these should be the intensification of preventive measures, such as public education in sexual and reproductive health, as well as more effective health delivery systems in these areas. 339. The Committee recommends that better methods of data collection on the incidence of AIDS cases amongst women and deaths due to AIDS should be developed. 344. The Committee feels that it is necessary to develop an overall programme of prevention of violence against women and of attention to be given to the victims, which includes the need to educate the police to treat and handle the violated woman in such a way that their predicament will not be worsened. This creation of awareness is necessary since Uganda's draft Constitution recognizes this kind of treatment as illegal.
UKRAINE (1996) Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Ukraine, 09/05/96, A/51/38, paras. 265-300.
270. The representative pointed out that Ukraine was undergoing the deepest demographic crisis of the decade. In the age group between 20 and 50 years the mortality of men was more than three times
higher than that of women. The life expectancy of women is, as a result, 10 years greater than that of men. The representative outlined the serious health problems of adolescent girls and said that the number of abortions exceeded the number of births. She said that a national programme of family planning had been launched in September 1995, including making contraceptives available. 283. While acknowledging the good intentions behind legal measures adopted to protect maternity, the Committee was of the view that such measures could be overprotective and detrimental to the status of women in a market-oriented economy. 284. The Committee noted the absence of measures or plans that would enable men to share parental responsibilities on an equal footing with women. 286. The Committee was very concerned about sexual stereotyping and overprotective labor legislation. It noted that protective labor laws had the sole effect of restricting women's economic opportunities, and were neither legitimate nor effective as a measure for promoting women's reproductive health. Women should have a right to free choice as to their employment, and the high rates of infant mortality and fetal abnormality resulting from the ecological disaster should be addressed as a matter of public health. 287. The Committee noted the limited access of rural women to effective, affordable and acceptable methods of family planning. This situation often led large numbers of women to resort to unsafe abortions. The Committee had serious concerns regarding the health of the Ukrainian people in general and of women in particular. The problems of sustaining normal pregnancy, of birth defects and of infertility due to nuclear radiation poisoning and stress-related difficulties weighed heavily on women. 290. The Committee had serious concerns about the deep demographic crisis in the country, in particular, and the fact that the number of abortions exceeded the number of births.
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND (1999) Concluding Observations of the Committee on the Elimination of Discrimination Against Women: United Kingdom of Great Britain and Northern Ireland, 01/07/99, CEDAW/C/1999/L.2/Add.7. 27. The Committee expresses concern at the disadvantaged situation of women belonging to ethnic minorities, notwithstanding the existence of legislative protection against discrimination on the basis of race and ethnicity. Ethnic minority women continue to experience higher levels of unemployment, lower levels of education and training, lower wages and salaries and fewer benefits than white women.
28. The Committee recommends that steps be taken to ensure the elimination of direct and indirect discrimination against ethnic minority women, including through positive action in recruitment, awareness campaigns and targeted training, education, employment and health-care strategies. 30. The Committee recommends that the Government use its new employment policies to address the pay gap between women's and men's earnings. It urges the Government to review the Equal Pay Act, taking into account developments that have refined the concepts of equal pay for equal work and for work of comparable value. It urges the Government to implement any recommendations that might be contained in the report on higher education pay with a view to eliminating discrimination. It also recommends that the Government assess the impact of cultural stereotypes and women's reproductive responsibilities on the continuing pay gap. In this regard, it invites the Government to pursue its efforts towards providing men more opportunities to take on roles traditionally assumed by women, to continue to review and rationalize
maternal and parental leave and benefits and to share its findings and insights with the Committee in its next report. 31. Noting the Government's efforts and will to address the issue, the Committee is seriously concerned at the level of teenage conception in the State party, which is the highest rate among the countries of Western Europe, and at the consequences of early motherhood, such as lower educational achievement, higher levels of poverty and greater reliance on social welfare. The Committee is also concerned at the high rates of sexually transmitted diseases, especially among teenagers aged 16 to 19. The Committee notes with concern that the Abortion Act 1967 does not extend to Northern Ireland where, with limited exceptions, abortion continues to be illegal. 32. The Committee recommends that teenage pregnancy be addressed by a multiplicity of measures, including a greater focus on male responsibility and a review of the primary school curriculum with a view to introducing age-appropriate sex education. It also recommends the allocation of resources for prevention and treatment programmes for sexually transmitted diseases directed at adolescents within a holistic approach to sexual and reproductive health, including sexual violence. The Committee also recommends that the Government initiate a process of public consultation in Northern Ireland on reform of the abortion law. 33. While noting the legislation and measures in place to address violence against women, the Committee is concerned at the absence of a national strategy on the prevention and elimination of violence against women. According to information available to the Committee, women in Northern Ireland are particularly affected by violence. 34. The Committee is concerned at several aspects of the criminal justice system in relation to women. It notes the high number of women in prison, particularly those from ethnic minorities. Many women have been imprisoned for drug-related offences or because of the criminalization of minor infringements, which in some instances seem indicative of women's poverty. It also notes that in the United Kingdom, and particularly in Northern Ireland, young female offenders are held in adult prisons, there are inadequate educational and rehabilitative programmes for women prisoners and they are often held in prisons situated far from their families. It also notes that the defence of provocation is not widely available to women victims of violence who are charged with murder and that there is a low level of convictions for rape and sexual violence. 35. The Committee recommends that a unified and multifaceted national strategy to eliminate violence against women be implemented to include legal, educational, financial and social components and, in particular, support for victims. 36. The Committee recommends that the Government intensify its efforts to understand the causes for the apparent increase in women's criminality and to seek alternative sentencing and custodial strategies for minor infringements. It also calls on the Government to improve the education of judges with regard to domestic violence so that these cases are given the same attention and consideration as cases brought under other provisions of the criminal law. 37. The Committee notes that demographic change in the State party requires urgent action with regard to the situation of older women, and of related implications for women's health, poverty and especially pension entitlements, elder abuse, and accommodation.
38. The Committee recommends that the situation of older women be addressed in a cross-cutting and cross-sectoral manner, with a view to ensuring adequate provision for their physical, mental, economic and social well-being.
UNITED REPUBLIC OF TANZANIA (1998) DRAFT Concluding Observations of the Committee on the Elimination of Discrimination against Women: United Republic of Tanzania, 06/07/98, CEDAW/C/1998/II/L.1/Add.5.
8. The representative indicated that, although violence against women, including sexual assault and harassment and domestic violence, remained serious problems, few statistics had been collected. Young girls were particularly vulnerable to sexual abuse, as men believed there was less risk of contracting HIV/AIDS from them, among other reasons. Traditions and customary practices, including female genital mutilation, affected implementation of the Convention. 9. The representative informed the Committee that the deterioration of women's health was attributable to poor hygiene, heavy workloads, undernourishment, frequent births and to the fact that high levels of poverty and maternal mortality rates had increased sharply. Family planning programmes in the United Republic of Tanzania had been successful and measures had been taken to improve public awareness of HIV/AIDS. 11. The representative informed the Committee that approximately 80 per cent of the population in the United Republic of Tanzania live in rural areas. Government policies to provide basic services such as safe water, health facilities, appropriate technologies and good infrastructure had been impeded as a result of the economic difficulties facing the country. In addition, special attention had been given to the role of women in the management of the water supply and sanitation. However the traditional irrigation system remained male dominated. 16. The Committee welcomes the enactment of a new law which criminalizes female genital mutilation as a concrete step towards eliminating violence against women and the girl child. 29. The Committee is concerned with the disadvantaged situation of rural women who comprise the majority of the rural population and the majority of workers in rural areas. The Committee further notes that customary and religions laws are practised and accepted more widely in rural areas and, inter alia, often prevented women from inheriting and owning land and property. Food taboos, which are more prevalent in rural areas, are a serious concern to the Committee, as they are not only harmful to the health of women, including mothers, but also impact on the health of future generations. 31. The Committee notes with concern that the infant and maternal mortality rate is still high, despite the efforts made since the time of the country's initial report. 32. The Committee recommends that the Government make virgorous efforts to address the this serious problem and seek assistance of the World Health Organization (WHO), UNICEF and other relevant UN entities in that regard. 35. While it recognizes that collection and analysis of data might have financial implications, the Committee points out that more detailed information should have been obtained and included in the report. The Committee deeply regrets that the report lacked more explicit information, including statistics on issues such as the exact types of punishments for offenders of violence against women; the content of the new, expanded definition of rape; forms of female genital mutilation that are practised in the United Republic of Tanzania; the situation of trafficking in women and girls; revisions made to educational materials in order to include a gender perspective; the situation of HIV/AIDS and women in the United Republic of Tanzania.
VENEZUELA (1997) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Venezuela, 27/01/97, A/52/38/Rev.1, paras. 207-247.
230. The promulgation of legislation guaranteeing that pregnant teenagers could complete their education and could not be withdrawn from school because of their pregnancy was a great success. 233. The Committee was concerned that the country had not made much real progress in implementing the Convention and that, despite its efforts, it had yet to respond effectively to problems such as domestic violence, prostitution, early pregnancy, female illiteracy, discrimination in the workplace in terms of how much women were paid, the high percentage of women receiving less than the minimum wage and the elimination of stereotypes. 236. Another area of concern was the reduction in health budgets, the rise in the maternal mortality rate, the lack of and limited access to family-planning programmes (especially for teenagers), the lack of statistics on acquired immunodeficiency syndrome and women's limited access to public health services. In addition, legislation that criminalized abortion, even in cases of incest or rape, remained in force. 243. The Committee suggested that policies and programmes should be undertaken to halt the rise in the maternal mortality rate and that family-planning programmes for teenagers should be developed, in both urban and rural areas.
YUGOSLAVIA (1994) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Yugoslavia, 12/04/94, A/49/38, paras. 758-776.
760. Living standards had fallen dramatically. National health services lacked basic medical supplies and infrastructures and the supply of imported medicines and other needed goods was blocked or obstructed by the embargo. Mortality had increased, in particular among young children and the elderly, as had the death rate of infants and people suffering from chronic disease. The problem of AIDS had become pressing owing to a shortage of diagnostic tests. Women were affected by the shortage of contraceptives, anaesthetics used for abortions and basic hygienic items. The number of miscarriages and deliveries at home had increased, as had the death rate of live-born infants and mortality of mothers and babies during delivery. Stress, fear of the future and separation of families often caused psychiatric problems. Violence, alcoholism and various forms of sexual abuse had increased. Various forms of violence against women and sexual harassment had been addressed through non-governmental activities, including SOS telephone services and by the Government, which considered rape and the abuse of women and children as crimes that should be condemned in the strongest terms wherever they occurred and that those responsible, whoever they were, should be punished. 761. The representative also referred to the issue of abuses of women in war zones and pointed to her Government's position that such crimes were contrary to international humanitarian law. For those reasons, the Government had cooperated actively with the Commission of Experts established pursuant to Security Council resolution 780 (1992) of 6 October 1992, investigating facts and collecting data about women who had been victims of rape and had come to Yugoslavia as refugees, with a view to the physical and mental rehabilitation of those victims. The Government had also established State bodies to investigate all such allegations, collect data and monitor the rehabilitation of victims of sexual abuse committed in war areas and had sheltered them as refugees in the Federal Republic of Yugoslavia. Some parts of the collected evidence had already been presented to the Commission of Experts and had been circulated as documents
of the General Assembly and the Security Council. For example, the Commission for monitoring the sexual abuse of women, children and men in conditions of war, composed of medical experts and psychologists, was set up in the Federal Ministry of Labour, Health and Social Policy. Although the Commission did not discriminate in terms of nationality, the majority of victims were Serbian female refugees from Croatia and Bosnia and Herzegovina. Some of those women had already been successfully reintegrated into society, as had, for example, young women who had given birth as a result of rape in Muslim- and Croat-run camps and brothels. Other medical and expert sources revealed that many Serb women had been victims of persecution, sexual torture and rape in various camps for Serbs. Some, however, after hospitalization withdrew their statements and were not included in any evidence. All who had become pregnant as a result of rape had received the necessary assistance. Most of them did not want to talk and wanted to forget everything that had happened to them. Only those who had come to have an abortion after a few months of pregnancy and had been required to have an examination and to obtain the approval of the special medical commission, had revealed what had really happened to them. A considerable number of women who had been raped in Bosnia and Herzegovina, however, with pregnancies of less than 10 weeks, had had abortions without waiting for the Commission's approval and had concealed the fact that they had been raped. Such behaviour only confirmed her country's claim that, in its culture, a woman would admit that she had been raped only if she had to. Rape was so traumatic that it often caused suicidal tendencies. Instead of counting the number of raped women, trying to prove which side had suffered more hardship, doubting their testimonies and using them for political manipulation, it would be better to assist raped women and reintegrate them in society. 763. The view was expressed that, as in any armed conflict, women and children were the primary victims. 767. The members of the Committee commented on various negative consequences of the sanctions described in the report and pointed to their damaging effects, especially for women, in particular with regard to employment, health care, housing, nutrition, pensions, maternity, child care, daily violence, sexual abuse and the disintegration of the family. While reiterating concern that all sanctions affected the most vulnerable social groups and not the Governments, reference was made to the lack of explanation in the report as to why the embargo had been imposed. It was asked why reference was made in the report to Kosovo and Metohija as regions that were slow in ridding themselves of some traditions and customs related to ensuring equality of men and women, and why the distinction was made on ethnic, religious and traditional grounds. The representative replied that those regions had been singled out not for the purpose of discrimination, but for special attention, as requested by the Committee at its tenth session. 768. The observation was made that the report did not address properly the issues of violence against women. While information had been provided in the statement on the increasing daily aggression and violence against women in the Federal Republic of Yugoslavia (Serbia and Montenegro), such as physical violence, sexual abuse, verbal and/or physical coercion of women to sexual intercourse, sexual abuse of children, verbal and emotional abuse of women and children, harassment and intimidation of women at their places of work, economic abuse of women and children, there had been no information on the issue of rape as a weapon of war. Although reference to mass rapes used as means of warfare was included in reports of the Special Rapporteur of the Commission on Human Rights and in many press reports on the subject in the past two years, exact information and data on the subject would be essential to the Committee. The situation in which might prevailed over right and men used their power to return to such practices of the dark ages was shocking and required clarification as to the facts, figures and actions taken by the Government, if any, to bring the perpetrators to justice and assist the victims. One member, however, did not share the view that such data would be important, but rather favoured the view that the focus should be on rehabilitation of and assistance to women victims. The remark was also made that the statement in the oral report made by the representative that "aberrant and violent sexual behaviour is far from being characteristic of the war in the former Bosnia and Herzegovina alone; such behaviour has occurred in all known wars thus far" (see CEDAW/C/SR.254) was unacceptable, as well as immoral and appalling. 773. In conclusion, one member said that the representative's statement that her country had nothing to do with the human rights violations in Bosnia and Herzegovina was not acceptable.
775. The Committee expressed its sadness at the plight of the women of the Federal Republic of Yugoslavia and recalled that it had always deplored violence against women in all its forms. It expressed its concern at the increased violence perpetrated against the women of the country caused by the stress and deprivation currently being experienced by the population. It expressed its concern that the women were also suffering the consequences of sanctions, which were having a serious impact on their health care and nutrition in particular. The tragic war in the territory of the former Yugoslavia had affected women's dignity as human beings, had caused large numbers of women to become refugees and had demonstrated women's vulnerability in time of conflict. 776. The Committee called on all the women of the Federal Republic of Yugoslavia not to remain passive. Women must participate fully at governmental and non-governmental level in initiatives for peace in the territory of the former Yugoslavia. The Committee expressed the hope that the women would generate the political will needed for change and needed to bring the conflict to an end. The Committee awaited initiatives from the women of the Federal Republic of Yugoslavia which would bring an end to the tragic conflict.
ZAMBIA (1994) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Zambia, 12/04/94, A/49/38, paras. 318-368.
330. Members requested further information on Committee recommendations 14 and 19. The representative replied that there was no tradition of female circumcision in any part of the country. There were only customs related to the personal hygiene of girls when they reached puberty. Violence against women was widespread and even traditionally accepted as a way of disciplining a wife. Under the Zambian Penal Code, violence against women was a crime and treated as an assault. The Government had been encouraging prosecutions of offenders. Since most women were economically dependent on their husbands and afraid to lose their matrimonial home, they were very reluctant to prosecute their aggressors. Some women did not admit that they had been abused and considered battering as a sign of man's affection. 344. Members found it discriminatory that in the case of prostitution, which was an illegal activity, only women were taken to police stations and not their male customers. They expressed the view that considering prostitution illegal and arresting prostitutes did not resolve the problem, but rather exacerbated it.. 347. Members asked for more information on women's reproductive rights and the use of contraception. The representative replied that women traditionally had no control over their reproductive rights and could not refuse to have children. The basis of a marriage in a traditional setting was to have children. The use of contraceptives was widespread. In reply to the question whether abortion was allowed, she said that, under the Termination of a Pregnancy Act, an abortion could be performed on medical grounds only, if there was a threat to the life of the mother or the foetus and on recommendation of three medical practitioners. Members also wanted to know if there was a population policy to lower the birth rate. The representative said that the Government was intervening to lower the birth rate through the provision of family planning services and free contraceptives. Population trends indicated that Zambia's population could double in the next 20 years if the growth rate of 3.2 per cent per annum was maintained. 348. The mortal diseases affecting women were malaria, disorders of pregnancy, delivery complications, disease of the genitro-urinary system, accidents and injuries, respiratory diseases and AIDSrelated complications. 349. Concerning maternity leave for employed women and family benefits for women, the representative stated that women were entitled to three months of paid maternity leave after two years of
service and at intervals of two years according to the Employment Act. That was considered a good family planning policy since it allowed for spacing of children. 361. The Committee was very concerned about the persistence of traditional sex roles, which were deeply embedded in the cultural life of the Zambians and which generally seemed to impede equality. Great concern was also expressed regarding the violation of women's rights in general, particularly the rights of those women under customary marriage laws. 363. The Committee was also concerned about acts of violence against women in their private sphere. It also noted the high fertility rate and its negative impact on the status of women in addition to the difficulty caused by the current adjustment programmes.
ZIMBABWE (1998) Concluding Observations of the Committee on the Elimination of Discrimination against Women: Zimbabwe, 14/05/98, A/53/38, paras. 120-166.
140. The Committee notes with concern the negative impact of the structural adjustment programmes, especially in the areas of education, health and employment. 147. The Committee is deeply concerned about the effect of the HIV/AIDS pandemic and the very high rate of infection among young women, who comprise 84 per cent of those infected in the 15 to 19 year age group and 55 per cent of the 20 to 29 year age group. The Committee notes that this is of particular concern given the risks of transmission to infants through childbirth and breastfeeding. 148. The Committee is also concerned about reports relating to the refusal of some health-care providers to give family planning services to sexually active adolescents, despite there being no legal restrictions in this regard. 150. The Committee is concerned at the lack of support systems to enable pregnant teenagers to continue their schooling. The Committee also notes with dissatisfaction that there are no detailed statistics available on teenage pregnancy. 153. The Committee suggests that gender-sensitive training should be extended to all sectors, including health-care workers. 159. Noting that illegal abortion is cited by the Government as a major cause of death for women in Zimbabwe, the Committee recommends that the Government reappraise the law on abortion with a view to its liberalization and decriminalization. 160. The Committee urges the Government to increase its efforts to combat the HIV/AIDS pandemic and to ensure that appropriate sexual and reproductive health information, education and services are provided to all women and, in particular, to adolescents. 161. The Committee suggests that the Government provide sex education and practical family planning to both youth and adults.