Concluding Observations of the Committee Against Torture

CAMEROON (2000)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Cameroon, 26/06/2000, A/55/38, paras. 30-66.

45. The Committee notes with concern that, despite the incorporation of the Convention into domestic law and some legislative achievements, a number of discriminatory provisions exist, thus impeding full implementation of the Convention. The Committee is also concerned that the retention of discriminatory laws from two different legal systems, as well as customary law, compounds this problem.

46. The Committee recommends that the State party should urgently undertake a comprehensive reform of legislation in order to promote equality and human rights for women. The Committee also recommends the introduction of effective legal remedies and a review and revision of customary law that infringes the human rights of women.

47. The Committee considers that the inadequate allocation of resources for the advancement of women, with the resultant incomplete execution of programmes and projects, seriously jeopardizes the improvement of women's living conditions.

48. The Committee urges the Government to allocate sufficient resources for targeted programmes to promote the advancement of women.

49. The Committee notes with concern that, despite some efforts, there is no holistic approach to the prevention and elimination of the various forms of violence against women and girls, in particular female genital mutilation and domestic violence.

50. The Committee invites the Government to apply the Committee's general recommendation 19 and formulate policies and programmes to eliminate these violations of women's human rights. It recommends that the Government provide access to legal remedies and medical services, establish counselling services for the victims, train legal, health and police personnel, and launch public-awareness campaigns in order to achieve zero tolerance with regard to all forms of violence against women and girls.

51. The Committee is concerned that because of the increased feminization of poverty, more women and girls are entering prostitution and are thereby exposed to exploitation.

52. The Committee urges the Government to design and implement poverty alleviation programmes so that women and girls do not have to resort to prostitution for their livelihoods. It recommends that the Government develop programmes to reintegrate prostitutes, raise public awareness and prevent such exploitation. Moreover, in the light of the HIV/AIDS pandemic in Cameroon, full attention must be paid to the health services available to prostitutes.

53. The Committee is disturbed by the persistence of cultural practices and deep-rooted stereotypes relating to the roles and responsibilities of women and men in all areas of life, which affect their enjoyment of all human rights.

54. The Committee urges the Government to review all aspects of this situation and to adopt legislation to prohibit discriminatory cultural practices, in particular those relating to female genital mutilation, levirate, inheritance, early and forced marriage and polygamy. It also urges the Government to carry out further public-awareness, information and training programmes targeting community leaders and the general public, so as to change ways of thinking and the stereotyped perceptions of the roles and responsibilities of women and men.

57. Despite the Government's efforts in the area of education, the Committee is concerned at the low rate of female literacy, the high female dropout rate, and the low rate of female enrolment in basic education.

58. The Committee encourages the Government to intensify its efforts to promote female access to basic and secondary education and to develop programmes specifically designed to reduce female illiteracy.

59. The Committee notes with concern the high rate of fertility and repeated pregnancy, the high mortality rate among mothers and children and the HIV/AIDS pandemic in Cameroon.

60. The Committee urges the Government to review the abortion laws, to undertake to increase the use of contraceptives, and to develop programmes to protect mothers and children. It further recommends that the Government strengthen its awareness campaigns to make women aware of the risks and effects of sexually transmitted diseases, including HIV/AIDS.

61. The Committee notes with concern that, despite the important role of rural women in Cameroon and despite the Government's efforts to provide them with education and extension services, these women are disadvantaged and living in difficult circumstances.

62. The Committee urges the Government to pay the utmost attention to the needs of rural women and to ensure that they benefit from the policies and programmes adopted in all areas. It should also ensure that rural women are able to participate, on an equal basis, in the adoption of decisions to guarantee them access to literacy, health services, drinking water and credit.

CANADA
(2003)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Canada, 23/01/2003, A/58/38 (part 1, paras. 336-389).

341. The Committee commends the State party for ongoing efforts towards improving the legal and de facto situation of women in Canada; in particular, it notes that the Canadian Human Rights Act as well as provincial and territorial human rights legislation have been amended or reinterpreted through court rulings and that additional laws have been formulated, all of which are directed towards the prohibition of all kinds of discrimination, including, inter alia, the practice of female genital mutilation.

344. The Committee, through the State party, commends the province of Quebec for having made available full-time kindergarten to all children in the province since 1997 and for making early childhood services available at a nominal cost in general and free of charge for parents on social assistance.

345. The Committee welcomes the creation of domestic family violence courts in some jurisdictions as a way to improve the justice system's response to domestic violence.

346. The Committee commends the State party for the creation, in 2000, of the Institute of Gender and Health to contribute to the reduction of health disparities and the promotion of equity for vulnerable populations of women, including women with disabilities. The Committee notes with appreciation the adoption of the Guidelines on the Inclusion of Women in Clinical Trials to ensure that women are enrolled in such trials at all stages of drug development.

347. The Committee regrets that the report, covering the period 1994-1998, was submitted in 2002 and that it does not fully comply with the Committees guidelines on the format of periodic reports. The report does not provide integrated information from federal to provincial and territorial levels, article by article, as recommended by the Committee in its previous concluding comments. Moreover, the report lacks integrated sex-disaggregated data from the federal, provincial and territorial levels, in particular detailed information on the scope of the programmes and the impact of the measures undertaken by the State party to eliminate discrimination against women.

348. The Committee recommends that, in preparing its next report, the State party take into account the Committee's new guidelines and its general recommendations. It recommends that the State party's next report contain more specific and analytical information on the situation of women by the federal, provincial and territorial governments and that it cover all jurisdictions in a consistent and integrated way. That information should be supported by nationwide sex-disaggregated data and should point to and describe the results intended and achieved by legal provisions, policies and programmes adopted by the federal, provincial and territorial governments directed towards the elimination of discrimination against women.

349. The Committee acknowledges the State party's complex federal, provincial and territorial political and legal structures. However, it underlines the federal Government's principal responsibility in implementing the Convention. The Committee is concerned that the federal Government does not seem to have the power to ensure that governments establish legal and other measures in order to fully implement the Convention in a coherent and consistent manner.

350. The Committee recommends that the State party search for innovative ways to strengthen the currently existing consultative federal-provincial-territorial Continuing Committees of Officials for human rights as well as other mechanisms of partnership in order to ensure that coherent and consistent measures in line with the Convention are achieved. The Committee also recommends that the existing mechanisms be used to introduce best practices in order to achieve substantive equality of women with men in the enjoyment of their human rights under all governments.

351. The Committee is concerned that, within the framework of the 1995 Budget Implementation Act, the transfer of federal funds to the provincial and territorial levels is no longer tied to certain conditions which previously ensured nationwide consistent standards in the areas of health and social welfare. It is also concerned about the negative impact that the new policy has had on the situation of women in a number of jurisdictions.

352. The Committee recommends that the federal Government reconsider those changes in the fiscal arrangements between the federal Government and the provinces and territories so that national standards of a sufficient level are re-established and women will no longer be negatively affected in a disproportionate way in different parts of the State party's territory.

353. While noting recent efforts at gender-based impact analysis of legislation, programmes and other measures at the federal and some provincial levels, the Committee is concerned that such efforts are not mandatory for all levels and bodies of the various jurisdictions.

354. The Committee recommends that the State party consider making gender-based impact analysis mandatory for all legal and programme efforts at the federal level and, through its respective Consultative Continuing Committees of Officials, at the provincial and territorial levels.

355. While appreciating the fact that funds are available under the Court Challenges Programme for test cases under the equality guarantee in the Canadian Charter of Rights and Freedoms, the Committee is concerned that the Programme applies only to federal laws and programmes. The Committee is also concerned that federal legal aid funds in civil and family law and for legal matters related to poverty issues, in contrast to legal aid for criminal cases, are channelled to the provinces and territories at their discretion. That, in practice, turns out to have a disproportionately restrictive impact on women seeking legal redress as compared with men.

356. The Committee urges the State party to find ways for making funds available for equality test cases under all jurisdictions and for ensuring that sufficient legal aid is available to women under all jurisdictions when seeking redress in issues of civil and family law and in those relating to poverty issues.

357. While appreciating the federal Government's various anti-poverty measures, the Committee is concerned about the high percentage of women living in poverty, in particular elderly women living alone, female lone parents, aboriginal women, older women, women of colour, immigrant women and women with disabilities, for whom poverty persists or even deepens, aggravated by the budgetary adjustments made since 1995 and the resulting cuts in social services. The Committee is also concerned that those strategies are mostly directed towards children and not towards these groups of women.

358. The Committee urges the State party to assess the gender impact of anti-poverty measures and increase its efforts to combat poverty among women in general and the vulnerable groups of women in particular.

359. The Committee is concerned about a number of recent changes in British Columbia which have a disproportionately negative impact on women, in particular aboriginal women. Among these changes are: a cut in funds for legal aid and welfare assistance, including changes in eligibility rules; a cut in welfare assistance; the incorporation of the Ministry of Women's Equality under the Ministry of Community, Aboriginal and Women's Services; the abolition of the independent Human Rights Commission; the closing of a number of courthouses; and the proposed changes regarding the prosecution of domestic violence as well as a cut in support programmes for victims of domestic violence.

360. The Committee, through the State party, urges the government of British Columbia to analyse its recent legal and other measures as to their negative impact on women and to amend the measures, where necessary.

361. While appreciating the federal Government's efforts to combat discrimination against aboriginal women, including the pending amendment to the Canadian Human Rights Act, and to achieve substantive equality for them, the Committee is seriously concerned about the persistent systematic discrimination faced by aboriginal women in all aspects of their lives. The Committee is concerned that aboriginal women, among other highly vulnerable groups of women in Canada, are over-concentrated in lower-skill and lower-paying occupations, they constitute a high percentage of those women who have not completed secondary education, they constitute a high percentage of women serving prison sentences and they suffer high rates of domestic violence. The Committee is further concerned that the First Nations Governance Act currently under discussion does not address remaining discriminatory legal provisions under other Acts, including matrimonial property rights, status and band membership questions which are incompatible with the Convention.

362. The Committee urges the State party to accelerate its efforts to eliminate de jure and de facto discrimination against aboriginal women both in society at large and in their communities, particularly with respect to the remaining discriminatory legal provisions and the equal enjoyment of their human rights to education, employment and physical and psychological well-being. It urges the State party to take effective and proactive measures, including awareness-raising programmes, to sensitize aboriginal communities about women's human rights and to combat patriarchal attitudes, practices and stereotyping of roles. It also recommends to the State party to ensure that aboriginal women receive sufficient funding in order to be able to participate in the necessary governance and legislative processes that address issues which impede their legal and substantive equality. It also requests the State party to provide comprehensive information on the situation of aboriginal women in its next report.

363. While appreciating the inclusion of trafficking in persons as constituting a criminal offence under the new Immigration and Refugee Protection Act, as well as other aspects protecting refugee and immigrant women, the Committee notes that other provisions and practices may still contribute to devaluing women's educational skills and previous economic contributions to their families' well-being.

364. The Committee requests the State party to implement fully the gender-based impact analysis and the reporting requirements provided in the new Act with a view to eliminating remaining provisions and practices which still discriminate against immigrants.

365. While noting the improvement regarding the de facto situation of live-in caregivers through formal employment contracts, the Committee is concerned that the caregivers are allowed into the country only as temporary residents, they do not receive adequate social security and having to live in the homes of their employers may subject them to exploitation and abuse.

366. The Committee urges the State party to take further measures to improve the current live-in caregiver programme by reconsidering the live-in requirement, ensuring adequate social security protection and accelerating the process by which such domestic workers may receive permanen residency.

367. The Committee recognizes the efforts made by the State party in addressing the issue of trafficking in women and girls, but notes with concern that the report does not provide sufficient information on the programmes to assist victims of trafficking.

368. The Committee encourages the State party to assist victims of trafficking through counselling and reintegration and to include detailed information on its victim assistance programmes in its next periodic report.

369. Despite the commendable measures taken by the State party to combat violence against women and girls, including criminal law reforms, the Committee notes with concern that violence against women and girls persists. The Committee is particularly concerned about the inadequate funding for women's crisis services and shelters.

370. The Committee urges the State party to step up its efforts to combat violence against women and girls and increase its funding for women's crisis centres and shelters in order to address the needs of women victims of violence under all governments.

373. The Committee notes with concern the lack of women's de facto equality in the labour market, including the fact that, owing to their unpaid tasks in the family, a large percentage of them work in part-time jobs, marginal jobs and self-employment arrangements, which often do not carry adequate social benefits.

374. The Committee recommends that the State party monitor closely the situation of women's non-standard jobs and to introduce employment-related measures which will bring more women into standard employment arrangements with adequate social benefits.

375. While commending the State party's efforts directed towards the implementation of the principle of equal pay for work of equal value, the Committee notes with concern that the auditing process is too slow and that that principle is not implemented in practice by all provincial and territorial governments.

376. The Committee urges the State party to accelerate its implementation efforts as regards equal pay for work of equal value at the federal level and utilize the respective federal-provincial-territorial Continuing Committees of Officials to ensure that that principle is implemented under all governments.

377. While commending the State party's efforts towards bringing aboriginal women into improved income-generating positions, the Committee is concerned that the focus on entrepreneurships may not lead to aboriginal women's economic independence.

378. The Committee recommends that the State party ensure that income-generating activities for aboriginal women provide for a sustained and adequate income, including all necessary social benefits.

379. The Committee is concerned that, while the report cites laudable efforts at expanding and improving childcare under all governments, there is no information, except for Quebec, indicating whether the available childcare places meet the demand and are affordable.

380. The Committee recommends that the State party further expand affordable childcare facilities under all governments and that it report, with nationwide figures, on demand, availability and affordability of childcare in its next report.

381. While noting improvements in the Employment Insurance Act, the Committee is concerned that the number of women eligible for unemployment benefits is lower as compared with men. While appreciating the increase in the number of months of parental leave, the Committee is concerned that the low benefit level of the parental leave may not encourage great numbers of fathers to avail themselves of that leave.

382. The Committee recommends to the State party to reconsider the eligibility rules of that Act based on a gender-based impact analysis in order to compensate for women's current inequalities in accessing those benefits owing to their non-standard employment patterns. It also encourages the State party to consider raising the benefit level for parental leave.

383. The Committee, although recognizing the efforts undertaken by the State party concerning the provision of social housing, is concerned that such efforts might be inadequate to address the needs of women with low incomes and those of female single parents.

384. The Committee recommends that the State party reconsider and, if necessary, redesign its efforts towards socially assisted housing after a gender-based impact analysis for vulnerable groups of women.

385. While recognizing the State party's close collaboration with non-governmental organizations in the work towards women's empowerment, the Committee notes with concern that non-governmental organizations were not invited to contribute to the preparation of the report.

386. The Committee recommends that women's non-governmental organizations representing different groups of women under all governments, and other relevant non-governmental organizations, be involved in a national discussion and the dissemination of the next report.

(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:

a) 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 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 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.

CONGO (2003)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Congo, 29/01/2003. A/58/38 (part 1, paras. 154-189).

156. The Committee commends the State party for having initiated a three-year plan of action for the advancement of women and for initiating the review and reform of domestic legislation that is discriminatory to women.

158. The Committee expresses concern that, while article 8 of the Constitution guarantees equality between women and men, no specific definition of discrimination has been incorporated into domestic legislation.

159. The Committee recommends that a definition of discrimination against women in line with that set out in article 1 of the Convention be incorporated into the domestic legislation of the Congo.

160. The Committee expresses concern at the continued existence of legal pluralism with discriminatory components and obsolete provisions in customary law and statutory law, the latter including criminal law regarding adultery; the labour and taxation laws; and family law, particularly with regard to the difference in the age at which women and men may enter into marriage.

161. The Committee urges the State party to accelerate the process of law reform in order to bring its laws into conformity with the provisions of the Convention and with the principle of equality between women and men enshrined in its Constitution.

162. While noting the various programmes and policies being initiated by the institutional machinery for the advancement of women, the Committee expresses concern that no information has been provided on the impact of these measures on women in the Congo.

163. The Committee requests the State party to provide detailed information regarding the impact on women in the Congo of measures taken for the advancement of women in its next periodic report to be submitted under article 18 of the Convention.

164. The Committee notes with concern the continued persistence of stereotypical attitudes in respect of the role and responsibilities of women and men that undermine women's human rights.

165. The Committee urges the State party to increase its efforts to address stereotypical attitudes about the roles and responsibilities of women and men that perpetuate direct and indirect discrimination against women and girls. These should include educational measures at all levels, beginning at an early age; the revision of school textbooks and curricula; and awareness-raising campaigns directed at both women and men - designed, where relevant, with the involvement of the media and civil society, including non-governmental organizations - to address stereotypes regarding the role of women and men with a view to combating discrimination against women. The Committee also calls upon the State party to periodically review the measures taken in order to identify shortcomings and to adjust and improve those measures accordingly, and to report thereon to the Committee in its next report.

166. The Committee expresses concern about the high incidence of violence against women and the apparent lack of clear policies and programmes to address this violation of women's human rights. It is particularly concerned about domestic violence, rape, including marital rape; sexual harassment in the workplace and in institutions of learning; and other forms of sexual abuse of women.

167. The Committee urges the State party to accord priority attention to the adoption of comprehensive measures to address violence against women and girls in accordance with its general recommendation 19 on violence against women. The Committee calls on the State party to enact or review, as appropriate, legislation on domestic violence, including marital rape, and legislation concerning all forms of sexual harassment as soon as possible in order to ensure that violence against women and girls constitutes a criminal offence, that women and girls who are victims of violence or sexual harassment have access to immediate means of redress and protection and that perpetrators are prosecuted and punished. The Committee recommends gender-sensitive training for parliamentarians, the judiciary and public officials, particularly law enforcement personnel, and health service providers. It also recommends the establishment of counselling services for victims of violence and sexual harassment; the implementation of public awareness campaigns through the media and public education programmes; and the adoption of a zero-tolerance policy on all forms of violence against women.

170. The Committee is concerned at the low rate of female literacy, the low number of girls who complete primary education in both the urban and rural areas, and the high drop-out rate of girls due to, inter alia, pregnancies and early marriage.

171. The Committee urges the State party to strengthen its efforts to improve the literacy level of girls and women to ensure equal access of girls and women to all levels of education and to take all appropriate measures to prevent girls from dropping out of school. The Committee further urges the State party to encourage an increase in the enrolment of girls at all levels and recommends that such efforts include further use of temporary special measures, in accordance with article 4, paragraph 1, of the Convention.

172. The Committee is concerned that there is unequal access to the labour market and that women are confined to work in agriculture and the informal sectors, which are related to low incomes and wages. The Committee is further concerned at the lack of social benefits and a regulatory framework to protect women's human rights within these sectors.

173. The Committee urges the State party to take all possible measures to ensure that women have access to the labour market on an equal basis with men. The Committee recommends that the State party take measures to provide a regulatory framework for the informal sector.

174. The Committee notes with concern the existence of very high maternal and infant mortality rates in the Congo. The Committee is further concerned at the low contraceptive prevalence rate among women and men and the lack of access of women to adequate pre-natal and post-natal care and family planning information, particularly in rural areas.

175. The Committee recommends that the State party make every effort to raise awareness of and increase access to health-care facilities and medical assistance by trained personnel, particularly in rural areas and particularly in the areas of post-natal care. The Committee further recommends the speedy review and amendment of the Act of 31 July 1920, which prohibits the advertising of contraceptives, thereby limiting women's access to family planning.

176. The Committee expresses concern that the State party has not developed a strategic plan to address the issue of HIV/AIDS as it affects women, nor has it taken measures for the care of women and girls infected with and affected by HIV/AIDS.

177. The Committee urges the State party to take comprehensive measures to combat the HIV/AIDS pandemic, to take strong preventive measures and to ensure that women and girls infected with HIV/AIDS are not discriminated against and are given appropriate assistance.

178. The Committee expresses concern about the situation of rural women, particularly in view of their extreme poverty and lack of access to health, education, credit facilities and community services.

179. The Committee urges the State party to pay special attention to the needs of rural women, ensuring that they participate in decision-making and have full access to education, health services and credit facilities. The Committee also urges the State party to take appropriate measures, including review of legislation, in order to eliminate all forms of discrimination with respect to ownership, co-sharing and inheritance of land.

180. The Committee expresses concern at the continued existence of the practice of polygamy in the Congo, which is discriminatory to women. The Committee wishes to draw the State party's attention to the Committee's general recommendation number 21, paragraph 14, which states: "... 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."

181. The Committee recommends action without delay by the State party to bring marriage laws, particularly as they relate to polygamy, into compliance with the Constitution and the Convention.

182. The Committee expresses concern about the continued existence of discriminatory family laws and traditional practices, including those related to dowries and adultery. The Committee is particularly concerned about the practice of pre-marriage in view of the fact that Congolese law, while recognizing the practice, does not stipulate a minimum age for pre-marriage partners.

183. While noting the State party's willingness to abolish pre-marriage, the Committee recommends, as an interim measure, that the minimum age for pre-marriage be brought in line with the legal age for marriage and that all measures be taken to ensure that women in both pre-marriage and marriage enjoy equal rights within and upon dissolution of the union. It also urges the introduction without delay of measures to eliminate negative customs and traditional practices which affect women's full enjoyment of their human rights. The Committee recommends that discriminatory family laws be phased out and that a clear time frame be established for achieving this.

COSTA RICA (2003)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Costa Rica, 2, 9/07/2003. A/58/38, paras. 48-71.

48. The Committee commended the State party's establishment in 1986 of a national mechanism as the supervisory body on national policies relating to women, a mechanism which had been strengthened in 1998 with the establishment of the National Institute for Women, a decentralized autonomous body. It also commended the establishment of the National Network of Ministerial, Sectoral and Municipal Offices for Women.

49. The Committee noted with satisfaction that the State party had given the Convention the rank of a constitutional law, as a legally binding treaty taking precedence over national legislation. The Committee also commended the State party for the adoption of the National Policy on Gender Equality and Equity 2002-2006, for the purpose of incorporating the gender approach in the Government's national programme.

50. The Committee noted with satisfaction that the Constitution proclaimed the equality of all persons before the law and prohibited discrimination, and that the Act Promoting the Social Equality of Women explicitly proclaimed the equality of women and men; it also noted that national legislation included various general laws regulating inter alia the areas of the family, employment and education, while other pieces of legislation were in the course of analysis and approval aimed at eliminating discrimination against women.

51. The Committee noted with satisfaction that the State party had adopted a substantial number of specific laws and reforms to national general laws, approved by the Legislative Assembly, with a view to ensuring the full implementation of the Convention in Costa Rica's legal framework, including Act 7142 promoting the social equality of women, the Responsible Paternity Act, the Act on Sexual Harassment in the Workplace and in Education of 1995 and the 1996 reforms to the Electoral Code providing for minimum 40 per cent participation in electoral processes. The Committee noted with satisfaction the adoption of the Domestic Violence Act and the implementation of the Comprehensive Care Programme for Domestic Violence.

52. Although the Constitution proclaims the equality of all persons before the law and prohibits discrimination, the Committee notes with concern that the Convention is not directly invoked in legal proceedings and that social resistance and sociocultural patterns still exist that impede the practical implementation of these legal norms.

53. The Committee recommends that the State party launch at the national level a broad programme of dissemination of the Convention and its implications for protection of the rights of women, and that it conduct legal education and training activities for women, lawyers, officials in charge of law enforcement and judges and magistrates, with a view to ensuring that the provisions of the Convention are known and are made use of in judicial processes.

54. Although the Committee notes with satisfaction the efforts made by the State party since 1994 to combat and eliminate violence against women, particularly domestic violence, it notes with concern that the problem has been viewed in the context of health, and is not recognized as a human rights violation and as grave discrimination against women. The Committee is also concerned that the Domestic Violence Act does not penalize domestic violence or rape in marriage, and that in applying it the courts do not employ uniform criteria, particularly with respect to the level of application of measures to protect the victims, while at the same time, the practice of holding conciliation meetings between the aggressors and the victims of family violence is promoted.

55. The Committee requests the State party to recognize that violence against women is a human rights violation and a serious form of discrimination against women, to promote the adoption and promulgation of the Act on the Criminalization of Violence against Women and the preparation of the requisite regulations and legal procedures for its better application. The Committee also requests the State party to strengthen programmes to combat violence against women, including training and awareness promotion for court officials and judges, and to encourage judges to reduce the utilization of "conciliation" between aggressors and victims and to ensure that the rights of women are duly protected in such "conciliation meetings". The Committee also recommends to the State party that in carrying out the measures suggested above and in any others aimed at eliminating and penalizing violence against women, it should take into account the provisions of the Convention and of the Committee's General Recommendation 19.

56. The Committee takes note of the Government's efforts to combat sexual exploitation and forced prostitution through the promulgation of Act 7899 on the Sexual Exploitation of Minors and the establishment of the Special Prosecutor for Sexual Offences and of the Sexual Exploitation Unit in the Ministry of Public Security. Nevertheless, the Committee notes with concern that at political and judicial decision-making levels, and in Costa Rican society at large, there does not appear to exist an awareness of the social and cultural implications of the offence of traffic in persons and sexual exploitation of women and girls.

57. The Committee requests the State party to strengthen actions aimed at combating traffic in persons and sexual exploitation of women and girls, and to encourage awareness in all sectors of Costa Rican society, particularly the judicial and public security authorities, educators and parents, with a view to the implementation of measures to prevent sexual exploitation of children, adolescents and adults. It is also recommended that vigorous measures be taken against traffic in women and girls, and that if necessary, the existing institutions responsible for dealing with this problem be remodelled, promoting the reinstatement of participation and cooperation by the non-governmental organizations concerned.

60. The Committee notes with concern that despite the measures taken aimed at changing stereotyped social concepts and the successes achieved, views and practices still exist, particularly in education, that promote segregation of women in higher education and, in general, discrimination against women throughout the educational system.

61. The Committee recommends to the State party that it continue to implement measures aimed at changing social stereotypes that encourage discrimination against women and impede their egalitarian performance in society.

62. The Committee notes with concern that although the Constitution guarantees the right to work and the principle of non-discrimination in the employment sphere, norms and practices still exist that discriminate against working women, and that there is a wage gap, to the disadvantage of women, which has greater impact in the private sector than in the civil service; it also notes with concern the precarious working and living conditions of women domestic workers, including migrant workers, as well as of salaried women workers, rural women, women in the informal sector and indigenous women.

63. The Committee requests the State party to continue promoting the approval of the reforms to the Labour Code contained in the draft Law on Gender Equity, and requests it to include in its next report information on the results of activities aimed at neutralizing the negative effects of free-trade agreements on female employment and the quality of life of women, as indicated by the State party. The Committee also requests the State party to adopt the legislative, administrative or other measures needed to ensure that women domestic workers, including migrant workers, temporary wage earners, women in the informal sector and rural and indigenous women have access to social security and other employment benefits, including paid maternity leave.

64. The Committee notes with concern that some groups of women workers do not benefit from the application of the Act on Sexual Harassment in the Workplace and in Teaching, particularly in the private sector.

65. The Committee requests the State party to promote adequate regulations under the Act on Sexual Harassment in the Workplace and in Education in order to show that it is complied with without exception and duly implemented by the private sector.

66. The Committee notes with concern that the impact of poverty is greater among women and that the State does not apply the gender perspective in its national activities to combat poverty.

67. The Committee requests the State party to pay specific attention to households headed by women and to groups of women in a vulnerable situation, as well as to rural women, older women, indigenous women and disabled women, in drawing up and implementing programmes to combat poverty, and to seek to ensure their access to production resources, education and technical training.

68. The Committee notes with satisfaction the comprehensive health-care programmes for women and the progress achieved, as well as the establishment of the Inter-Institutional Commission on Sexual and Reproductive Health, the 1994 Reproductive and Sexual Health and Rights Counselling Services and the new comprehensive health-care model. Nevertheless, the Committee expresses its concern at the limited dissemination of women's comprehensive health-care rights and the absence of a national sexual education and family planning information and/or education programme to permit the creation of awareness among women and men of their rights and responsibilities in relation to the reproductive process. It is also concerned that, despite the steps taken and the adoption of the Adolescent Mothers' Protection Act, there is continued increase in teenage pregnancies and apparent lack of awareness among men, teenage or adult, of their responsibility as fathers.

69. The Committee requests the State party to strengthen its health-care programmes, including those for sexual and reproductive health, and to launch as soon as possible a national programme to provide women and men with timely and reliable information on the available contraceptive methods and those capable of allowing them to exercise their right of free and informed choice of the number and spacing of the children they wish to have, as well as to reinforce the measures for preventing sexually transmitted diseases and HIV/AIDS, including the availability of condoms. It also requests the State party to continue strengthening support programmes for pregnant teenagers and mothers and sex education programmes aimed at preventing pregnancies among the teenage population.

70. The Committee takes note of the interpretation given by the Constitutional Chamber of Costa Rica to the principle of equality and of the State party's view regarding the need to utilize the two concepts of equity and equality also in the legal sphere. Nevertheless, the Committee expresses its concern over the fact that the terms "equality" and "equity" appear to be used as synonyms in the State party's plans and programmes.

71. The Committee requests the State party to take note of the fact that in the context of implementation of the Convention the terms "equity"and "equality" are not interchangeable or synonymous and that the Convention includes the obligation of States to eliminate discrimination against women and ensure de jure and de facto equality of women and men.

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 sex-disaggregated 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
(2000)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Cuba, 19/06/2000, A/55/38, paras. 244-277.

257. The Committee commends with appreciation the State party for its encouraging national indicators for social development, especially women's generally high literacy rates, and the favourable indicators in the field of women's health, including access to basic health care, low maternal, infant and women's mortality rates and a decline in abortion rates.

258. The Committee welcomes the fact that Cuba invited the Special Rapporteur on violence against women to visit the country in June 1999.

261. The Committee expresses its concern about the persistence of stereotypes concerning the role of women in the family and society and of attitudes and behaviours of machismo in many areas of public and private life. The Committee is concerned that, notwithstanding the Government's recognition of this problem and the implementation of measures to address it, the persistence of such stereotypes continues to be an issue affecting efforts to fully implement the Convention.

263. The Committee expresses its concern that there is insufficient assessment of the question of violence against women, in particular domestic violence, and sexual harassment in the workplace. It notes with concern that no specific laws are in place to penalize domestic violence and sexual harassment in the workplace. It also notes that insufficient statistical data are available about various types of violence against women, including elderly women and against children. The Committee also notes with concern that there is insufficient information on the response of law enforcement officials, the judiciary and health care providers to such violence.

264. The Committee calls upon the Government to assess, in a comprehensive manner, the possible incidence of violence against women, including domestic violence and sexual harassment in the workplace, as well as, in case of incidents, the root causes of such violence. It invites the Government to increase public awareness of the need to take measures to prevent such violence, to consider launching a zero-tolerance campaign on violence against women, as well as to increase the awareness of public officials and the judiciary about the seriousness of such violence. It also invites the Government to increase the availability of support measures for women victims of domestic violence, such as telephone helplines and shelters for battered women. The Committee invites the Government to provide in its next report data on women's access to the Courts in general, and with regard to violence in particular.

265. The Committee notes with concern that, while prostitution is not a crime, there is little information about the impact of programmes and other measures to prevent women from becoming prostitutes, and to rehabilitate and reintegrate them into society. Further efforts are needed to identify the root causes of the increase in prostitution in recent years, and of the effectiveness of measures to counteract this trend.

266. The Committee urges the Government to increase its understanding of the causes of prostitution, and to assess the impact of its preventive and rehabilitative measures with a view to improving their effectiveness, and to bringing them fully into line with article 6 of the Convention. The Committee invites the Government to expand its programmes for women's economic independence in such a manner as to attack the causes of prostitution and to eradicate the need for women to enter into prostitution. It also calls on the Government to include in its next periodic report detailed information on any developments related to preventive and rehabilitative measures taken with regard to prostitutes.

267. The Committee notes with concern that, while the introduction of the option of divorce by consent constitutes a viable alternative to a court-supervised divorce, it may involve inherent risks of disadvantage for women.

268. The Committee encourages the Government to monitor carefully the implementation of divorce by consent, and in particular any negative impact this option might have for women with regard to issues such as alimony payments, custody and maintenance of children and distribution of property.

269. While recognizing the increase since 1996 in women's employment rate in the civil-State sector, the Committee remains concerned that women make up a higher percentage of the unemployed, and at the persistence of obstacles to their full integration in all sectors of the labour market, in particular the joint venture and tourism industry.

270. The Committee calls on the Government to implement temporary special measures targeted at women to reduce the level of unemployment and of disparities in access to some sectors of the labour market. It also recommends that such measures ensure that women benefit equally from the country's economic recovery. The Committee calls on the Government to increase its efforts to create new opportunities for women in non-traditional and high-growth areas, including in new information and communications areas and in the service sector, and to strengthen efforts to ensure that they can take full advantage of the mixed economy, in accordance with their high levels of education and skills.

271. While recognizing the Government's sustained efforts to ensure women's right to health, the Committee underlines the necessity of continued efforts to address HIV/AIDS, and in particular its potential impact on high-risk groups, such as prostitutes and young adults. The Committee is concerned about the occurrence of suicide among older women. The Committee calls on the Government to study the cause of women's suicide with a view to adopting preventive measures.

272. The Committee is concerned about the fact that insufficient information was provided on the situation of rural women.

273. The Committee calls on the Government to provide in its fifth periodic report a comprehensive picture of the situation of rural women, including data disaggregated by sex, and comparing the situation of women in urban areas. It also invites the Government to provide further information about the system of rural cooperatives and their benefits for women.

(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
(2002)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Czech Republic, 08/08/2002, A/57/38 (part 3, paras. 80-112).

82. The Committee commends the efforts by the State party to implement the Convention. It welcomes the range of legislative reforms, policies, plans and assessment analyses, including the revisions to the Employment Act, the Labour Code, the Civil Procedure Code and the Criminal Procedure Code, and the Priorities and Proceedings of the Government in the Enforcement of the Equality between Men and Women, to eliminate discrimination against women. It welcomes the efforts at strengthening gender mainstreaming, and those undertaken to elaborate a draft general act on the protection against discrimination, including the introduction of temporary special measures in accordance with article 4, paragraph 1, of the Convention, which are also to be considered in all other draft legal regulations, where appropriate.

83. The Committee welcomes the progressive development of the national machinery for the advancement of women and gender equality. It welcomes the establishment of mechanisms, including the Government Human Rights Council and the Office of the Public Human Rights Protector, for monitoring the promotion and protection of human rights, including the human rights of women.

84. The Committee commends the State party's collaboration with and recognition of the important role of nongovernmental organizations working on women's issues.

85. The Committee notes with satisfaction the high level of women's educational achievement and the reduction in maternal and infant mortality rates.

87. The Committee is concerned that women have seldom used laws to challenge acts of discrimination and that there is a lack of court decisions in which women have obtained redress for such acts. The Committee is also concerned that there is still a lack of familiarity with both the Convention itself and the opportunities for its application and enforcement, as well as with legislative reforms aimed at eliminating discrimination against women, including among the judiciary, law enforcement personnel and women themselves.

88. The Committee urges the State party to ensure that Czech law provides adequate and accessible enforcement procedures and legal remedies for violations of women's rights. The Committee recommends the strengthening of education and training programmes in particular for judges, lawyers and law enforcement personnel on the Convention and on the legislative reforms aimed at eliminating discrimination against women. It urges the State party to ensure that Czech law provides adequate enforcement procedures and legal remedies for violation of women's rights. It recommends that awareness-raising campaigns targeted at women be undertaken so that women can avail themselves of procedures and remedies for violations of the rights under the Convention. The Committee invites the State party to provide, in its next report, information about complaints filed in courts based on the Convention, as well as any court decisions that refer to the Convention. It encourages the State party to further reflect, within the framework of the intended legislation on discrimination, on the establishment of quasi-judicial mechanisms.

89. While recognizing the efforts of the State party to strengthen the national machinery for the advancement of women, the Committee remains concerned that the existing national machinery does not have sufficient power, visibility or financial and human resources to effectively promote the advancement of women and gender equality.

90. The Committee recommends that the State party strengthen the existing national machinery in order to make it more effective by providing it with adequate power, visibility and human and financial resources at all levels and enhancing coordination among the existing mechanisms for the advancement of women and the promotion of gender equality. It also recommends the strengthening of the State party's gender mainstreaming efforts, and encourages, within the framework of the State party's efforts at decentralization, the establishment of regional and local equal opportunities machinery.

93. While recognizing current legal and other efforts by the State party to address violence against women, the Committee is concerned about the persisting prevalence of violence against women and girls, including domestic violence. It is particularly concerned that domestic violence deprives women of their personal security and their access to safe accommodation.

94. In the light of its general recommendation 19, the Committee urges the State party to place high priority on the introduction of comprehensive and holistic measures to address violence against women in the family and in society. The Committee calls upon the State party to ensure that such violence is prosecuted and punished with the required seriousness and speed, and that women victims of violence have immediate means of redress and protection, including protection orders. The Committee requests the State party to enact legislation on domestic violence. It recommends that measures be taken to provide shelters for women victims of violence in sufficient numbers and to ensure that public officials, especially law enforcement officials, the judiciary, health-care providers and social workers, are fully sensitized to all forms of violence against women. The Committee invites the State party to undertake awareness-raising measures through the media and public education programmes, including a campaign of zero tolerance, to make such violence socially and morally unacceptable.

95. The Committee is concerned that the current attitudes towards incest, as expressed, inter alia, in the light penalties for this crime, as well as the penalties for rape, give an impression to the community that these infringements of human rights are not serious crimes. The Committee is concerned that the definition of the crime of rape is based on the use of force, rather than lack of consent and that rape within marriage is not currently considered a specific crime.

96. The Committee urges the State party to review and strengthen the penalties for the crimes of incest and rape in order to emphasize that these crimes are serious violations of women's human rights. The Committee urges the State party to define the crime of rape as sexual intercourse without consent and to explicitly address the crime of rape within marriage.

97. Recognizing the efforts made by the State party to address the issue of trafficking in women and girls, the Committee remains concerned about the prevalence of this problem. The Committee is concerned about reports that the Czech Republic has become a country of origin, transit and destination of trafficked women and girls. It notes with concern that there is still not enough information on the subject.

98. The Committee urges the State party to continue its efforts to combat trafficking in women and girls and requests the State party to include in its next report comprehensive information and data on the issue and on progress made in this area. It recommends the formulation of a comprehensive strategy to combat trafficking in women and girls, including within the territory of the State party, which should include the prosecution and punishment of offenders and increased international regional and bilateral cooperation with other countries of origin, transit and destination of trafficked women and girls. It recommends the introduction of measures aimed at improving the economic situation of women so as to eliminate their vulnerability to traffickers, education initiatives for vulnerable groups, including teenage girls, and social support, rehabilitation and reintegration measures for women and girls who have been victims of trafficking. It calls on the Government to ensure that trafficked women and girls have the support they need so that they can provide testimony against their traffickers. It urges that training of border police and law enforcement officials provide them with the requisite skills to recognize victims of trafficking and to provide them with support.

99. While welcoming the high labour force participation rate of women and the legislative reforms in the area of employment, including the amendments to the Employment Act, the Labour Code, the Act on Wages and the Act on Salaries, the Committee expresses concern about the situation of women in the labour market, including women's high unemployment rate as compared with that of men and the strong vertical and horizontal segregation and wage differentials between women and men. The Committee is concerned at the lack of enforcement mechanisms and thus at the lack of de facto enforcement of the equal opportunity standards which have been introduced by law.

100. The Committee urges the State party to ensure de facto equal opportunities for women and men in the labour market through, inter alia, use of temporary special measures in accordance with article 4, paragraph 1, of the Convention. The Committee recommends that efforts be made to eliminate occupational segregation, horizontal and vertical, through, inter alia, education, training and retraining and enforcement mechanisms. It also recommends wage increases in female-dominated sectors of public employment to close the wage gap between these and male-dominated sectors. The Committee recommends that measures allowing for the reconciliation between family and professional responsibilities be strengthened and that the equal sharing of domestic and family tasks between women and men be promoted. The Committee requests the State party to provide information in its next report on the implementation of the legislative reforms in the area of employment and the impact of such reforms, including an analysis of the efforts of the relevant monitoring bodies.

101. The Committee is concerned about the status of women's health, especially their reproductive health. While recognizing the 60 percent decrease in abortion since 1994 and the progressive increase in the use of intrauterine and hormonal contraceptives, the Committee is concerned that the current abortion rate may suggest that abortion is still being used as a means of birth control. It is also concerned that voluntary sterilization for women is permitted solely for health reasons. The Committee is concerned about the rate of consumption among women of prescribed sedative and barbiturate drugs.

102. The Committee draws attention to its general recommendation No. 24 on women and health and recommends the collection of data disaggregated by sex as well as comprehensive research into the specific health needs of women, including their reproductive health, the full implementation of a life-cycle approach to women's health, the financial and organizational strengthening of family planning programmes, the provision of wide access to safe and affordable contraceptives for all women and men, and the lifting of the restrictions on voluntary sterilization. The Committee urges the State party to reinforce programmes of sexual and reproductive education for both girls and boys. The Committee calls on the State party to encourage responsible sexual behaviour and further discourage abortion as a means of birth control. The Committee requests more information on the prevalence of, and measures taken against, abuse of sedative and barbiturate drugs among women and on the mental health situation of women.

103. The Committee is concerned about the persistence of traditional stereotypes regarding the role and tasks of women and men in the family and in society at large.

104. The Committee urges the State party to design and implement comprehensive programmes in the educational system and to encourage the mass media to promote cultural changes with regard to the roles and responsibilities attributed to women and men, as required by article 5 of the Convention. It recommends that policies be developed and programmes implemented to ensure the eradication of traditional sex role stereotypes in the family, in employment, in politics and in society.

105. The Committee expresses concern about the lack of information in the report on Roma women.

106. The Committee requests the State party to provide, in its next report, information on the situation of Roma women as compared with non-Roma women and Roma men, especially as regards their health, educational and employment status.

107. The Committee expresses concern about the lack of information in the report on older women.

108. The Committee requests the State party to provide, in its next report, information on the situation of older women as compared with older men, especially as regards their health, educational and employment status, including social security benefits.

(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 non-governmental 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.

24. 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.

25. 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.

36. 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.

37. 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.

38. 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.

39. 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
(2002)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Denmark, 12/06/2002, A/57/38 (part 2, paras. 311-355).

313. The Committee commends the State party for its efforts to strengthen the promotion of gender equality and women 's rights in Denmark through a wide range of laws, policies and programmes within the context of the provisions of the Convention and the Beijing Platform for Action. It also commends the realization of de jure equality of women and men in many areas of the Convention, especially with regard to economic and social benefits and marriage and family life.

314. The Committee commends the State party for appointing a Minister for Gender Equality, thereby making gender equality policy a part of the Govemment's politics and affording a greater potential to directly influence the political decision-making process, and for establishing the Gender Equality Board, comprising a judge and two lawyers with expertise in the areas of gender equality and labour market conditions, respectively, that handles complaints about gender-based discrimination in the labour market, the education, health, social and finance sectors, and in private enterprises.

315. The Committee commends the State party for its efforts to incorporate gender mainstreaming into its overall policy framework, including by formulating an action plan for 2002-2006 for the Danish inter-ministerial gender mainstreaming project with a steering committee comprised of representatives from all ministries, while at the same time implementing women-specific programmes to encourage gender equality.

316. The Committee welcomes the action plan to stop violence against women, which seeks to give victims the support they need, provide training for professionals and establish multidisciplinary cooperation, break the cycle of violence through corrective treatment of offenders and improve prevention through gathering data on the causes and scope of violence against women.

317. The Committee welcomes the State party's cooperation with the other Nordic and Baltic countries in two working groups under the Nordic Council of Ministers with regard to trafficking in women. The Committee commends the State party for signing the United Nations Convention against Transnational Organized Crime, its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and its Protocol against the Smuggling of Migrants by Land, Sea and Air. The Committee notes that the Parliament has given its consent to ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

319. The Committee is concerned that the Convention has not been incorporated into domestic legislation. It notes that the Committee on Incorporation of Human Rights Conventions into Danish Legislation, appointed by the Minister of Justice in 1999 to examine the advantages and disadvantages of incorporating the general human rights treaties into Danish legislation, on completing its work in October 2001, recommended that the Convention, despite being considered central to the protection of human rights, should not be incorporated into Danish legislation. The Committee also notes that the Constitution does not contain a specific provision on discrimination against women.

320. The Committee recommends that the State party take steps to incorporate the Convention into domestic law, when considering the recommendations of the Committee on incorporation of human rights conventions into Danish legislation. The Committee requests that the State party report on progress made in this regard in its next periodic report, including whether the Convention bas been invoked before domestic courts.

321. While noting that the State party's gender policy appears to be formulated primarily in the framework of the Beijing Platform for Action and European Union provisions, the Committee is concerned that the Convention has not been given central importance as a binding human rights instrument and basis for elimination of all forms of discrimination against women and the advancement of women.

322. The Committee urges the State party to place emphasis on the Convention as a binding human rights instrument, and to view the Platform for Action as a complementary policy document to the Convention in its efforts to achieve the goals of equality. It furthermore urges the State party to take proactive measures to raise awareness about the Convention.

323. The Committee is concerned at the closure of the Danish Board for Ethnic Equality, which had been established in June 1997, inter alia, to provide advice on the question of discrimination and ethnic equality for the Danish Parliament, the Government, the central and local administration and private organizations, and the Danish National Centre for Research and Information on Gender Equality, which had been established in May 2000 under the Act on Gender Equality. The Committee notes that some of the work of the former Centre will be done without State funding under different institutional arrangements.

324. The Committee recommends that the State party reconsider its decision to close these two institutions and continue, in all circumstances, to earmark funds for their activities if those will be undertaken under other institutional arrangements, to enable them to continue their independent contribution to the achievement of gender equality in the State party.

325. While noting the creation of an equal pay network for companies interested in exchanging experience on the reasons for the gender-based division of labour, the pay differential and methods of guaranteeing equal pay and that women's participation in the labour market is at an impressive 75 per cent and their unemployment rate is low at 5.6 per cent, the Committee is concerned at the persistence of the wage gap between women and men.

326. The Committee urges the State party to develop policies and adopt proactive measures to accelerate the eradication of pay discrimination against women, including job evaluations, collection of data, further study of the underlying causes for the wage gap and provision of increased assistance for social partners in collective wage bargaining, in particular in determining wage structures in sectors dominated by women in order to address the gender segregation in the labour market. The Committee requests the State party to provide more information in the next periodic report on its efforts to eradicate the wage gap.

335. Noting that reliable statistical material will become available later in 2002, the Committee regrets the very limited available data and information with regard to the scope of violence against women, including domestic violence.

336. The Committee urges the State party to include in the statistical material, sex-disaggregated data and information on the nature and scope of violence against women, including within the family and any new forms of abuse, and to include this information in its next periodic report. The Committee also urges the State party to continue its efforts to implement and strengthen policies and programmes aimed at combating violence, with special attention given to migrant and minority women.

337. The Committee is concerned that Danish residents who arrange for female genital mutilation abroad are not liable to prosecution in Denmark unless female genital mutilation is a crime in the country in which it is performed.

338. The Committee urges the State party to penalize all Danish residents who arrange for female genital mutilation regardless of where it is performed in order to eliminate this harmful traditional practice.

339. While noting that the State party places priority on efforts to address the issue of trafficking in women through, inter alia, seminars, analysis and cooperation with the other Nordic and Baltic countries, the Committee expresses concern that despite these efforts trafficking in women and girls continues to exist.

340. The Committee requests that the State party report on any developments in this regard in its next periodic report, including whether there have been any prosecutions for trafficking in women and girls. The Committee also encourages action in Denmark and, through the State party, continued efforts within the European Union to combat trafficking in women, including measures to prevent trafficking, the collection of data, the provision of services for trafficked women and measures to penalize those who facilitate such trafficking.

341. The Committee is concerned that the Aliens Act, which although gender- neutral, indirectly discriminates against women.

342. The Committee recommends that the State party review the Aliens Act and revoke those provisions that are incompatible with the provisions of the Convention, particularly article 2, which prohibits direct and indirect discrimination.

343. The Committee expresses concern about the situation of migrant, refugee and minority women in Denmark, including discrimination in education and employment and at the gender-based discrimination and violence that they experience.

344. The Committee urges the State party to take effective measures to eliminate discrimination against migrant, refugee and minority women. It encourages the State party to be proactive in its measures to prevent discrimination against migrant, refugee and minority women, both within their communities and in society at large, to combat violence against them, and increase their awareness of the availability of social services and legal remedies.

345. The Committee regrets the introduction in new legislation of an increase in the age limit for spousal reunification from 18 years to 24 years of age in order to combat forced marriage.

346. The Committee urges the State party to consider revoking the increase in the age limit for family reunification with spouses, and to explore other ways of combating forced marriages.

347. The Committee is concerned that the situation of foreign married women with temporary residence permits who experience domestic violence will worsen when the amendment to the Aliens Act enters into force on I July 2002, which will increase the required number of years of residence from three to seven before a permanent residence permit may be obtained. The Committee is also concerned that these women's fear of expulsion will be a deterrent to their seeking assistance or taking steps to seek separation or divorce.

348. The Committee recommends that revocation of temporary residence permits of foreign married women who experience domestic violence, and legislative changes on residency requirements should not be undertaken without a full assessment of the impact of such measures on these women.

349. The Committee is concerned that, under the amended Aliens Act, some women who do not have refugee status might be forcibly repatriated to where they had been subjected to rape and/or other atrocities and may face the threat of further persecution.

350. The Committee urges the State party to refrain from forcibly repatriating such women and to ensure that repatriation in these circumstances is voluntary.

351. While welcoming written material provided by the delegation during constructive dialogue, the Committee regrets that information in the report about the situation of women in the Faroe lslands and Greenland was very limited.

352. The Committee urges the State party to include detailed information on the implementation of all aspects of the Convention in the Faroe Islands and Greenland in the next periodic report.

(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.

EGYPT (2001)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Egypt, 02/02/2001, A/56/38, paras. 312-358.

328. The Committee notes with concern that women who seek divorce by unilateral termination of their marriage contract under Law No. 1 of 2000 (khul) must in all cases forego their rights to financial provision, including the dower.

329. The Committee recommends that the Government consider a revision of Law No. 1 of 2000, in order to eliminate this financial discrimination against women.

330. The Committee expresses its concern that the Egyptian nationality law prevents an Egyptian woman from passing on her nationality to her children if her husband is not Egyptian, while Egyptian men married to non-Egyptians may do so. It is concerned by the hardship faced by the children of Egyptian women married to non-Egyptian men, including financial hardship with regard to education. The Committee considers this limitation on the rights of women to be inconsistent with the Convention.

331. The Committee calls upon the State party to revise the legislation governing nationality in order to make it consistent with the provisions of the Convention.

333. The Committee urges the Government to increase awareness-raising programmes, including those specifically directed towards men, and to take measures to change stereotypical attitudes and perceptions about the roles and responsibilities of women and men.

336. The Committee expresses its concern that the Government has addressed HIV/AIDS only as a health issue.

337. The Committee urges the Government of Egypt to address the multidimensional and cross-cutting nature of HIV/AIDS, including its human rights, economic, social, development and security dimensions.

338. Taking note of the successful efforts by the Government to reduce the drop-out rate for girls in primary education, the Committee notes with concern the remaining high level of illiteracy among women, and the rate at which girls and young women drop out of secondary school and university.

339. The Committee calls upon the Government to continue to strengthen its efforts to eradicate female illiteracy, in particular in the rural areas. It urges the Government to continue its programmes to prevent drop-outs by girls in primary education, and to reduce the drop-out rate of girls and young women at secondary school and university, including through the use of incentives for parents, so as to provide young women with the necessary skills and knowledge to participate on the basis of equality with men in the labour market.

344. The Committee expresses its concern that, although efforts have been made, there is no holistic approach to the prevention and elimination of violence against women, including domestic violence, marital rape, violence against women in detention centres and crimes committed in the name of honour or the punishment of perpetrators. The Committee is also concerned at the high level of violence against adolescent girls and young married women.

345. The Committee urges the Government to conduct a national survey of the extent of violence against women, including rural women. It calls upon the Government to assess the impact of existing measures to address the various forms of violence against women. It recommends that the root causes of violence against women, especially domestic violence, be investigated so as to improve the effectiveness of legislation, policies and programmes aimed at combating such violence. It also recommends that the Government implement training and sensitization programmes for the judiciary, law-enforcement officials and members of the legal and health professions, as well as awareness-raising measures to create zero tolerance in society with regard to violence against women.

346. The Committee expresses its concern that several provisions of the Penal Code discriminate against women. In particular, in case of murder following the crime of adultery, men and women are not treated equally. In addition, prostitutes are penalized, while their clients are not.

347. The Committee urges the Government to eliminate any discriminatory penal provisions, in accordance with the Constitution and the Convention.

348. While welcoming the Minister of Health's Decree of 1996 on female genital mutilation, the Committee expresses its concern at the lack of information on the implementation of this Decree.

349. The Committee requests the Government to provide full details on the implementation of this Decree in its next report, including on public awareness-raising campaigns run by all actors (ministries, the National Council for Women and non-governmental organizations) and on measures that have been taken to educate those whose livelihood depends on performing such procedures.

350. The Committee expresses its concern at the lack of information on rural women, especially in the informal sector.

351. The Committee calls upon the Government to provide in its next periodic report a comprehensive picture of the situation of rural women, in particular with regard to education, health and employment. The Committee recommends that the Government monitor existing programmes and develop additional policies and programmes aimed at the economic empowerment of rural women, ensuring their access to productive resources and capital as well as to health-care services and to social and cultural opportunities.

352. The Committee expresses its concern about the high number of early marriages of girls, especially in rural areas.

353. The Committee recommends that the Government amend the law on the legal age of marriage to prevent early marriage, in line with its obligations as a State party to the Convention.

354. The Committee expresses its concern regarding the continued legal authorization of polygamy.

355. The Committee urges the Government to take measures to prevent the practice of polygamy in accordance with the provisions of the Convention and the Committee's general recommendation 21.9

EL SALVADOR (2003)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: El Salvador, 21/01/2003. A/58/38 (part 1, paras. 242-280).

246. The Committee welcomes the creation in 1996 of the Salvadoran Institute for the Advancement of Women as the government body which coordinates and oversees the implementation of the National Policy on Women.

247. The Committee congratulates the State party on its efforts to implement the Convention through the reform of existing legislation, including the Family Code, from which all pre-existing discriminatory legislation has been removed, the Domestic Violence Act, the Labour Code, the Health Code, the Penal Code, the Code of Criminal Procedure and the General and Higher Education Act. The Committee also commends the State party on the creation in 2002 of the Inter- institutional Legal Commission within the Salvadoran Institute for the Advancement of Women, ISDEMU, charged with bringing domestic legislation into line with relevant international treaties ratified by El Salvador and with proposing necessary amendments.

248. The Committee welcomes the inclusion of gender issues at all levels of the educational system, as well as the incorporation of teaching materials in such programmes and activities.

249. The Committee is concerned that, although legislative reforms have been introduced in many spheres, such laws and policies have yet to be effectively implemented. The Committee is also concerned that the Constitution of El Salvador does not include a specific prohibition against sex-based discrimination or the definition of discrimination contained in the Convention and that El Salvador's legislation provides for equality in the exercise of civil and political rights but makes no mention of economic, social and cultural rights. The Committee is likewise concerned that only inseriousl in discrimination is punished by the Penal Code and that the Agrarian Code still contains discriminatory concepts.

250. The Committee encourages the State party to incorporate fully into its legislation the principle of non-discrimination set forth in the Convention, in order to progress towards de jure equality as an essential prerequisite for achieving de facto equality of women. The Committee also recommends that concepts that are not in keeping with the provisions of the Convention be amended or abolished, with a view to protecting and guaranteeing women's human rights.

251. The Committee is concerned at the weakening of efforts to provide training in, raise awareness of and disseminate the Convention.

252. The Committee recommends that the State party implement broad-based dissemination, training and awareness-raising programmes to familiarize the whole population with the Convention. Such programmes should be aimed at society in general, and Salvadoran women and the judiciary in particular.

253. Although the Committee welcomes the establishment of the Salvadoran Institute for the Advancement of Women as the government entity which oversees the implementation of the National Policy on Women, it is concerned at the fact that the Institute has neither the lead and normative role that it should have, nor the political, institutional and budgetary capacity to define, implement, monitor and guarantee a comprehensive policy for the elimination of discrimination against women to be executed effectively by the various sectors of government. The Committee further expresses its concern that there are insufficient active linkages between the Institute and women's organizations representing civil society.

254. The Committee encourages the State party to continue to strengthen the role of the Salvadoran Institute for the Advancement of Women as a lead and normative body by giving it an adequate budget and the requisite authority among State institutions to ensure the effective mainstreaming of a gender perspective and the promotion of gender equality. The Committee also recommends that the Institute establish, in practice, greater cooperation and joint work with women's organizations of civil society.

255. The Committee notes with concern that, while the Constitution refers to the principle of equality, the terms ieequalityl. and inequityly are used as synonyms in plans and programmes.

256. The Committee urges the State party to note that the terms "equity" and "equality" are neither synonymous nor interchangeable and that the Convention is intended to eliminate discrimination against women and to ensure equality between women and men.

257. While the Committee welcomes the effort made by the State party to combat domestic violence through the recent establishment of a National Plan on Domestic Violence, it views with concern the persistence of violence against women in El Salvador. The Committee is also concerned about the legal consequences of conciliation between aggressor and victim in the pre-trial phase, which could work to the detriment of the latter.

258. The Committee urges the State party, taking into account General Recommendation 19 on violence against women, to undertake practical measures to follow up and monitor the application of legislation, evaluating its effectiveness and making the appropriate adjustments, in particular so as to ensure that the legal consequences of conciliation provided for by law do not work to the detriment of the victim.

259. The Committee observes with concern the lack of necessary sex education programmes and their dissemination and the resulting impact on the high rate of teenage pregnancy, in particular in rural areas, and on the increase in the spread of sexually transmitted diseases and HIV/AIDS. The Committee is concerned at the obstacles that women face in gaining access to adequate health-care services, including those for the prevention of cancer.

260. The Committee recommends to the State party that it adopt measures to guarantee and expand access to health-care services, paying special attention to the implementation of programmes and policies for disseminating and raising awareness of sex education, particularly among adolescents, including information on contraceptives and their availability in society as a whole, taking into account that family planning is the responsibility of the couple and placing special emphasis on preventing and combating sexually transmitted diseases and HIV/AIDS.

261. The Committee is concerned at the high level of poverty among women, especially rural and indigenous women.

262. The Committee urges the State party to develop a poverty eradication strategy that gives priority attention to rural and indigenous women through the allocation of budgetary resources, and to take appropriate measures to inform itself about their situation with a view to formulating effective specific programmes and policies to improve their socio-economic situation and ensure that they receive the services and support they need.

263. Although the overall illiteracy rate has declined, the Committee is concerned that the problem persists, especially in rural areas. It is also concerned at the high drop-out rates among girls, especially in rural and indigenous areas.

264. The Committee recommends that efforts to address this problem should be intensified, through sustainable plans and programmes, particularly in rural and indigenous areas.

265. The Committee is concerned at the persistence of traditional stereotypes relating to the roles and responsibilities of men and women in the family and in society at large.

266. The Committee recommends that policies be developed and programmes directed at men and women be implemented that will help to ensure the elimination of stereotypes associated with traditional roles in the family, the workplace, politics and society.

267. The Committee is concerned at the lack of priority given to women in employment policy, which could result in their increased vulnerability in the economic adjustment process taking place in the country, in particular, the insufficient measures taken to enable them to reconcile their family and professional responsibilities and the persistence of wage disparities for work of equal value.

268. The Committee recommends that the necessary measures should be taken to ensure compliance with the provisions of article 11 of the Convention and of the relevant International Labour Organization conventions ratified by El Salvador.

269. The Committee notes with particular concern the precarious employment conditions of women working in maquila industries, where their human rights are frequently violated, especially insofar as safety and health are concerned.

270. The Committee urges the State party strictly to enforce labour legislation in maquila industries, including their supervision and monitoring, especially occupational safety and health measures, and requests that information on this matter be included in its next report.

271. Although there is legislation on trafficking and mention is made of a bill on the exploitation of children, the Committee notes with concern the problem of exploitation of prostitutes and trafficking and sale of women and girls and the lack of studies, analyses and gender-disaggregated statistics on its incidence.

272. The Committee urges the State party to take measures to combat the phenomenon of trafficking and sale of women and girls and exploitation of prostitutes and to evaluate this phenomenon and compile systematic sex-disaggregated data on it with a view to formulating a broad strategy to address this problem and punish perpetrators.

275. The Committee observes a lack of gender-disaggregated data in the reports, as well as insufficient information on indigenous women.

276. The Committee recommends the comprehensive and exhaustive compilation of sex-disaggregated data and urges the State party to include relevant statistics that show the evolution and impact of programmes on the country's female population, particularly indigenous women, and to include the data in its next periodic report.

EQUATORIAL GUINEA (2004)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Equatorial Guinea, 08/07/2004, CEDAW/C/2004/II/CRP.3/Add.1/ Rev.1.

14. The Committee expresses concern about the State party's limited understanding of its obligations under the Convention, and in particular the State party's exclusive focus on formal equality and the lack of progress in achieving de facto equality in all sectors.

15. The Committee recommends that the State party take all appropriate measures in all sectors to ensure that women enjoy de facto equality with men and requests the State party to provide information on the impact of these measures in the next report.

16. The Committee expresses concern that, while article 13 of the Constitution guarantees equality between women and men, no specific definition of discrimination has been incorporated into domestic legislation. The Committee is also concerned about the lack or insufficiency of legislation in important areas covered by the Convention, such as violence against women and civil and family matters.

17. The Committee recommends that a definition of discrimination against women in line with that set forth in article 1 of the Convention be included in the Constitution or other appropriate legislation and urges the State party to give high priority to putting in place comprehensive legislation in conformity with the Convention.

18. The Committee is concerned that widespread poverty among women and poor socio-economic conditions are among the causes of the violation of women's human rights and discrimination against women. The Committee is especially concerned about the situation of rural women, particularly in view of their extreme poverty and lack of access to health care, education, credit facilities and community services.

19. The Committee urges the State party to make the promotion of gender equality an explicit component of its national development plans and policies, and in particular those aimed at poverty alleviation and sustainable development. It urges the State party to pay special attention to the needs of rural women, ensuring that they participate in decision making processes and have full access to education, health services and credit facilities. The Committee also urges the State party to take appropriate measures to eliminate all forms of discrimination against women with respect to ownership and inheritance of land. The Committee invites the State party to place emphasis on women's human rights in all development cooperation programmes with international organizations and bilateral donors so as to address the socio -economic causes of discrimination against women, including those impacting women in rural areas, through all available sources of support.

20. The Committee is concerned about the existence of the dual legal system of civil law and customary law, which results in continuing discrimination against women, particularly in the field of marriage and family relations. The Committee is also concerned about the lack of legislation regulating customary marriages and other aspects of family law that discriminate against women, including in respect of polygamy, inheritance and child custody, and that efforts to adopt legislation regulating customary marriages have so far not been successful. The Committee is further concerned that most women lack the necessary information and resources to gain access to the civil courts and are still subject to the jurisdiction of traditional courts that apply customary law.

21. The Committee urges the State party to accelerate the process of law reform to remove inconsistencies between civil law and customary law, including by enacting legislation and ensuring that any conflict of law with regard to women's rights to equality and non-discrimination is resolved in full compliance with the provisions of the Convention and general recommendation 21, on equality in marriage and family relations. In this regard, the Committee urges the State party to put in effect measures to discourage polygamy and to ensure women's equal rights in inheritance and child custody. The Committee further urges the State party to put in place measures to ensure women's access to the civil courts, including raising awareness on available legal remedies and the provision of legal aid.

22. The Committee is concerned at the low rate of female literacy, the low rate of enrolment of girls in schools and the high dropout rate of girls due to pregnancy, early marriages and the low priority given to girls' education by families. The Committee notes that education is a key to the advancement of women and that the low level of education of women and girls remains one of the most serious impediments to their full enjoyment of human rights.

23. The Committee urges the State party to raise awareness of the importance of education as a fundamental human right and as a basis for the empowerment of women and to take steps to overcome traditional attitudes that constitute obstacles to girls' education. It also recommends that the State party prioritize efforts to improve the literacy level of girls and women, ensure equal access of girls and young women to all levels of education, retain girls in school and strengthen the implementation of re -entry policies providing for girls to return to school after pregnancy. The Committee further urges the State party to take measures to increase the enrolment of girls at all levels and recommends the introduction of further special measures, including incentives for parents to send girls to schools.

24. The Committee is concerned about the persistence of deep-rooted adverse cultural norms, customs and traditions, including forced and early marriage, widowhood practices, levirate and the use of the dowry, as well as the prevalence of stereotypes that discriminate against women and constitute serious obstacles to women's enjoyment of their human rights. The Committee is concerned about the State party's limited efforts to directly address such discriminatory cultural practices and stereotypes and its position that women themselves are primarily responsible for changing their position of disadvantage.

25. The Committee urges the introduction without delay of measures to modify or eliminate customs and cultural and traditional practices that discriminate against women so as to promote women's full enjoyment of their human rights in conformity with articles 2 (f) and 5 (a) of the Convention. The Committee encourages the State party to undertake such efforts in collaboration with civil society organizations, women's non-governmental organizations and community leaders and to increase its efforts to design and implement comprehensive education and awareness-raising programmes targeting women and men at all levels of society, with a view to changing discriminatory social and cultural patterns of conduct about the roles and responsibilities of women and men in the family and in society, and to creating an enabling and supportive environment for women to exercise their human rights. The Committee urges the State party to address cultural and traditional customs and practices such as forced and early marriages, discriminatory widowhood practices, levirate and the use of the dowry through effective measures aimed at their elimination. It further calls upon the State party to periodically review the measures taken to assess their impact and to take appropriate remedial measures, and to report thereon to the Committee in its next report.

26. While welcoming the abolition, by presidential decree, of imprisonment of women for non-repayment of dowries following separation or divorce from their husbands, the Committee remains concerned about lack of knowledge and implementation of the decree.

27. The Committee recommends that the State party put in place measures to raise awareness on the decree prohibiting imprisonment of women for non-repayment of dowries.

28. The Committee expresses concern about the absence of policies and programmes, including legislation, to address violence against women. The Committee is particularly concerned about occurrences of domestic violence, rape, including marital rape, and all forms of sexual abuse of women, and about the persistence of patriarchal attitudes that consider the physical chastisement of family members, including women, acceptable. The Committee further expresses concern about the paucity of information and statistics in the report on the incidence of violence against women.

29. The Committee urges the State party to accord priority attention to the adoption of comprehensive measures to address violence against women and girls in accordance with its general recommendation 19, on violence against women. The Committee calls on the State party to enact legislation on domestic violence, including marital rape, and legislation concerning all forms of sexual abuse as soon as possible to ensure that violence against women and girls constitutes a criminal offence, that women and girls who are victims of violence have access to immediate means of redress and protection and that perpetrators are prosecuted and punished. The Committee recommends the implementation of training for parliamentarians, the judiciary and public officials, particularly law enforcement personnel, and health -service providers so as to ensure that they are sensitized to all forms of violence against women. It also recommends the establishment of counselling services for victims of violence, the implementation of public awareness campaigns through the media and public education programmes towards a zerotolerance policy on all forms of violence against women. The Committee requests the State party to provide information in its next report on the laws and policies in place to deal with violenc e against women and the impact of such measures.

32. The Committee expresses concern that prostitution continues to thrive, particularly in urban areas. The Committee also expresses concern about the lack of adequate enforcement of the law and imposition of penalties on those who exploit prostitutes.

33. The Committee requests the State party to take all appropriate measures to combat the exploitation of prostitution of women with a view to address its root causes including poverty, as well as through the discouragement of the demand for prostitution. It recommends that a holistic approach be pursued in order to provide women with economic alternatives to prostitution and to facilitate the reintegration of prostitutes into society and urges the State party to provide rehabilitation and other programmes to women and girls exploited in prostitution. The Committee urges the State party to ensure the prosecution and punishment of those who exploit prostitutes.

34. The Committee expresses concern about the lack of access of women and girls to adequate health-care services, including pre-natal and post-natal care and family planning information, particularly in the rural areas. The Committee is also concerned about the alarming rate of teenage pregnancy, which presents a significant obstacle to girls' educational opportunities and economic empowerment.

35. The Committee recommends that the State party make every effort to raise awareness of and increase access to health-care facilities and medical assistance by trained personnel, particularly in the rural areas, and in pre - and post-natal care. The Committee urges the State party to take immediate steps to make family planning information available to women and girls, including in the rural areas.

36. The Committee notes with concern the high incidence of HIV/AIDS among women, particularly younger women, and the absence of an adequately funded strategic plan to address HIV/AIDS.

37. The Committee urges the State party to take comprehensive measures and allocate sufficient funds to combat HIV/AIDS, to take strong preventive measures, including education and awareness-raising, and to ensure that women and girls infected with HIV/AIDS are not discriminated against and are given appropriate assistance and medical treatment.

38. The Committee is concerned that the law relating to nationality precludes foreign women from retaining their own nationality on marriage to a national of the State party.

39. The Committee requests the State party to remove all discriminatory laws relating to nationality, in accordance with article 9 of the Convention.

40. The Committee regrets that the reports did not provide sufficient information and statistical data on the situation of women, the scope of programmes and the impact of measures taken to eliminate discrimination against women.

41. The Committee requests that the State party's next report contain more detailed, specific and analytical information on the situation of women, supported by sex-disaggregated data describing the results achieved.

ETHIOPIA
(2004)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Ethiopia, 26/01/2004, CEDAW/C/2004/I/CRP.3/Add.7/Rev.1.

13. The Committee welcomes the revision of the Family Code and the ongoing revision of the Penal Code by the State party in order to eliminate the provisions that are discriminatory towards women.

14. The Committee appreciates the establishment of a comprehensive national machinery for the advancement of women at different governmental levels, which includes the Women's Affairs Office, Women's Affairs Departments in various ministries as well as gender focal points in each district.

15. The Committee commends the State party for the temporary special measures introduced in the civil service and in education, in particular the allocation of at least 30 per cent of the total number of university seats to female students. It also commends the State party for the introduction of the girl's scholarship programme, covering 28 schools in 7 regions, and the incorporation of gender mainstreaming in the school curriculum.

16. The Committee, while welcoming the integration of the Convention and the inclusion of equality provisions in the Constitution, is concerned about the slow progress in the implementation of the provisions of the Convention in the State party since the consideration of the State party's combined initial, second and third periodic report in 1996.

17. The Committee urges the State party to enforce the supremacy of the Constitution over regional laws and encourages it to proceed, as a matter of urgency, with the full implementation of the provisions of the Convention throughout the country, including through enhanced cooperation between the federal and regional governmental bodies and institutions, so as to achieve uniformity of results in the implementation of the Convention. It calls on the State party to enhance its efforts for, and systematically monitor progress achieved in the implementation of the Convention at all levels and in all areas. To that end, the Committee recommends that the State party place particular focus on improving the capacity of all public officials in the area of women's human rights and seek resources through international development assistance programmes, as necessary. The Committee also calls on the State party to launch, at the national level, a comprehensive programme of dissemination of the Convention, targeting women and men, in order to enhance awareness about and promote and protect the rights of women.

18. The Committee, while welcoming the revision of the Family Code regulating marriage and family relations, is concerned that it has not yet been adopted by all regions.

19. The Committee encourages the State party to ensure that regional governments adopt and duly implement the Family Code without delay and take all necessary measures, including awareness-raising measures, to sensitize the population about the revised Family Code.

20. The Committee, while welcoming the establishment of the national machinery for the advancement of women, is concerned that the machinery suffers from lack of sufficient decision-making power and adequate human and financial resources to effectively promote the advancement of women and gender equality. The Committee also expresses its concern about the lack of an integrated policy of gender mainstreaming at the federal level.

21. The Committee recommends that the State party expeditiously strengthen the existing national machinery and provide it with adequate human and financial resources at all levels in order to increase its effectiveness in mainstreaming gender perspectives in all policies and in promoting women's human rights.

22. The Committee expresses concern about the insufficient sex-disaggregated statistical data contained in the report with regard to the areas covered by the Convention.

23. The Committee recommends the systematic and comprehensive compilation of sex-disaggregated data and its analysis reflecting the situation of women in all areas covered by the Convention.

24. The Committee, while welcoming the State party's efforts in the area of education, is concerned at the low rate of female literacy, the continuing gap between boys and girls in the school enrolment rate and at the high drop-out and repetition rates among girls.

25. The Committee urges the State party to strengthen its efforts to improve the literacy rate of girls and women in rural and urban areas, to ensure equal access of girls and young women to all levels of education and to take measures to reduce and eliminate the high drop-out and repetition rates of girls. It encourages the State party to introduce temporary special measures in accordance with article 4, paragraph 1 of the Convention and general recommendation 25 on temporary special measures, at primary and secondary levels of education, including incentives for parents to send girls to school. It also recommends that the State party take steps to ensure that rural women and girls have full access to education and vocational training.

26. The Committee is concerned about the continued persistence of entrenched traditional discriminatory practices, including 80 per cent of girls and women undergoing female genital mutilation, and widow inheritance with all her property, and strong stereotypical attitudes in respect of the roles and responsibilities of women and men in the family and society, which negatively affect women's enjoyment of their human rights.

27. The Committee urges the State party to increase its efforts to design and implement comprehensive awareness-raising programmes targeting women and men in order to foster a better understanding of equality between women and men at all levels of society, with a view to changing negative social and cultural patterns of conduct and stereotypical attitudes about the roles and responsibilities of women and men in the family and society, and to eliminate female genital mutilation and widowhood practices. The Committee also calls upon the State party to periodically review the measures taken in order to better assess their impact and to report thereon to the Committee in its next report. The Committee recommends that the State party take action without delay to end all discriminatory traditional practices.

28. The Committee, while welcoming the fact that the age of marriage has been set at 18 years for both girls and boys, is concerned about the persistence of the practice of early marriage, which may be perpetuated further by the non-registration of children's birth.

29. The Committee recommends that the State party take measures to achieve free and timely registration of all births and undertake awareness-raising measures throughout the country, particularly in rural areas, on the importance of registering children's birth and the negative effects of early marriage on women's enjoyment of human rights, especially the rights to health and education.

30. The Committee is concerned that no specific legislation has been enacted to combat violence against women, including domestic violence, and at the lack of systematic data collection on violence against women, particularly domestic violence. The Committee is also concerned that, while abduction has been recognized as a crime under the Ethiopian criminal code, the implementation of the law is weak and abductions tend to be resolved through discriminatory customary laws and practice. The Committee is also concerned about the incidence of rape in the country.

31. The Committee urges the State party to expedite the adoption and implementation of a national strategy to combat violence against women, to include, inter alia: legislation on violence against women, including domestic violence; the collection of data on all forms of violence against women; and research into the extent of violence against women and girls. The Committee calls upon the State party to ensure that all forms of violence against women are prosecuted and punished adequately and that victims have immediate means of redress and protection, in accordance with general recommendation 19. The Committee also recommends that the State party step up its efforts, through public awareness and education campaigns targeting the general public, with a particular focus on the judiciary, the police and medical personnel, to bring about attitudinal and behavioural changes to make such violence socially and morally unacceptable.

32. The Committee is concerned about the very low level of life expectancy for women, the high rate of maternal mortality and the high prevalence of HIV/AIDS among women. The Committee is also concerned at the high rate of clandestine abortion and its causes, which include poverty, a lack of access to information on women's reproductive health and rights and low prevalence of contraceptive use.

33. The Committee recommends the adoption of measures to guarantee effective access for women, including young women, to health-care information and services, in particular regarding reproductive health with the aim of reducing clandestine abortions. It further recommends that programmes and policies be adopted to increase knowledge about and access to affordable contraceptive methods, as well as to increase the understanding that family planning is the responsibility of both partners. The Committee also recommends that sex education be widely promoted and provided, targeting men, women and adolescent boys and girls, with special attention to the prevention and further control of HIV/AIDS.

34. The Committee, while welcoming the implementation of the Women's Development Initiative Project and the Ethiopian Women's Development Fund, is concerned that the Fund currently reaches only a small percentage of women, and that poverty among women, particularly rural women, continues to persist at a high level.

35. The Committee urges the State party to expand its specific programmes aimed at enhancing the socio-economic well-being of women and step up its efforts to fully integrate gender perspectives in its sustainable development and poverty reduction programme. It also urges the State party to take measures to ensure that the rights, needs and concerns of rural women are given greater attention and visibility and that rural women participate fully in the formulation, implementation and evaluation of all sectoral policies and programmes. It calls upon the State party to put in place policies to protect women's right to property and to ensure that women have access to land and water resources on an equal basis with men.

36. The Committee is concerned about the discrimination faced by women in the labour market, especially in the emerging private sector.

37. The Committee urges the State party to ensure equal opportunities for women and men in the labour market through, inter alia, the use of temporary special measures, according to article 4, paragraph 1, of the Convention and general recommendation 25 on temporary special measures. The Committee recommends that the State party take effective measures to promote the reconciliation of family and work responsibilities between women and men. The Committee requests the State party to provide, in its next report, detailed information on the situation of women in the formal and informal labour market, including women's occupations in the different sectors of the economy, their levels of seniority in the different sectors, and their respective wages.

40. The Committee, while welcoming the establishment of a national comittee on migration, is concerned about the increasing number of Ethiopian women migrating to other countries in search of work and finding themselves in situations where they are vulnerable to various forms of violence, exploitation and trafficking.

41. The Committee urges the State party to: step up its efforts to protect women migrant workers; prevent the activities of illegal employment agencies; ensure that women are provided with adequate information on safe migration before departure; and conclude bilateral agreements with receiving countries. It also recommends that the State party consider acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

42. The Committee notes with concern that no information on the situation of older women and women with disabilities was included in the report.

43. The Committee requests the State party to provide in its next report disaggregated data and information on the situation of older women and women with disabilities, including with regard to employment, education and health, and on measures taken in this regard.

(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
(2001)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Finland, 02/02/2001, A/56/38, paras. 279-311.

301. The Committee expresses its concern about the high incidence of violence against women in Finland. It notes that a recent survey conducted by Statistics Finland in cooperation with the Council for Equality revealed that 40 per cent of women had experienced physical or sexual violence or the threat thereof. The Committee also expresses its concern about the high level of sexual harassment in the workplace.

302. The Committee urges the Government to increase its efforts to implement effectively the current policies aimed at combating violence, to pay more attention to prevention efforts and to take steps to turn the "zero tolerance" campaign into a legally binding State policy. The Committee also urges the Government to implement all necessary measures in order to empower individuals and non-governmental organizations to take action with regard to sexual harassment.

303. Notwithstanding the extensive measures already undertaken by the Government, the Committee expresses its concern at the increased incidence of trafficking of women and exploitation of prostitution of women.

304. The Committee urges the Government to intensify its efforts to increase cooperation between national and international authorities, particularly from the Russian Federation and the Baltic States, in order to encourage common action to prevent and combat trafficking and to use the Internet in order to disseminate information on the Government's actions to combat trafficking. The Committee also urges the Government to encourage a positive change of atmosphere regarding sex phone lines as they run counter to the efforts being made to portray women positively, and not as "sex objects", in the media.

305. The Committee expresses its concern at the continuing discrimination against immigrant and minority women living in Finland, particularly Roma and Sami women, who suffer from double discrimination, based on both their sex and ethnic background.

306. The Committee urges the Government to undertake studies on the participation of minority women in society and to take effective measures to eliminate discrimination against them and strengthen efforts to combat racism and xenophobia in 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.

FRANCE (2003)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: France, 03/07/2003. A/58/38, paras. 249-276.

249. The Committee commends the State party for adopting Act No. 2002-305 concerning parental authority, which sets out to apply a concept of co-parenting based on the three principles of equality between parents, equality between children, and the child's right to her or his two parents.

250. The Committee commends the State party for its efforts to create a national council on equality, expected in 2003, which would bring together representatives of Government and civil society in order to formulate policies on gender equality and the advancement of women.

253. The Committee, while recognizing the implementation of a wide range of measures and programmes on gender equality, is concerned about the lack of monitoring and evaluation with regard to the impact and results of such measures and programmes.

254. The Committee urges the State party to undertake systematic impact assessments of such measures and programmes and, on the basis of the insights gained, to improve them in the future.

255. The Committee is concerned that, although according to article 55 of the Constitution the Convention has precedence over domestic law, there are no Court decisions that refer to the Convention.

256. The Committee recommends that the State party implement measures to create awareness of the Convention and the Optional Protocol to the Convention among the judiciary, prosecutors and lawyers.

257. The Committee expresses concern about the provision of insufficient sex-disaggregated statistical data in all areas covered in the report.

258. The Committee recommends that the State party undertake a comprehensive compilation and analysis of sex-disaggregated data on the situation of women.

261. While welcoming the adoption of legislative and regulatory measures on equal opportunity between men and women, the Committee expresses its concern that women continue to be overrepresented among the unemployed and in part-time and temporary jobs. It is also concerned about the continuing wage discrimination faced by women.

262. The Committee calls upon the State party to intensify its measures to increase women's employment, to ensure that women have access to full-time and permanent jobs if they wish, and to promote equal pay for work of equal value.

263. The Committee expresses concern about actual and potential poverty situations among older women on account of having experienced multiple forms of discrimination throughout their economically active years. It also expresses concern that the structuring of the welfare system might affect older women more negatively than men.

264. The Committee recommends that the State party research the needs of older women and develop measures that adequately address their health, economic and emotional situation in order to avoid poverty and isolation. It also recommends that the State party take women's unpaid and paid employment patterns and family responsibilities into account when altering legal and policy measures in order to avoid discrimination of effect.

265. The Committee is concerned that traditional customary practices, including polygamy, continue to exist in the French overseas territories, in contravention to the provisions of the Convention.

267. The Committee notes with concern that the minimum legal age of marriage is set at 15 for girls and 18 for boys.

268. The Committee urges the State party to take measures to raise the minimum legal age of marriage for girls, in order to bring it into line with article 1 of the Convention on the Rights of the Child, which defines a "child" as anyone under the age of 18 years, and with article 16, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination against Women.

269. While noting initiatives to eliminate stereotypes, the Committee is concerned that stereotypical attitudes persist.

270. The Committee recommends that the State party intensify its efforts, including legislative measures to prevent the portrayal of negative and discriminatory images of women in the media, to change stereotypical images and discriminatory attitudes and perceptions about the roles and responsibilities of women and girls and men and boys in the family and in society.

271. The Committee is concerned about the manner in which article 18 of the Internal Security Act is implemented with regard to passive soliciting, as its implementation may affect women who are not engaged in passive soliciting.

272. The Committee urges the State party to ensure that article 18 of the Internal Security Act is implemented in a non-discriminatory fashion with full respect for the human rights of the women concerned.

273. While commending the State party for its measures against trafficking in women and girls, in particular the imposition of penal sanctions against the perpetrators of trafficking in human beings, the Committee expresses its concern about the inadequacy of protective measures for trafficked women, especially foreign women and girls, who do not testify against their traffickers.

274. The Committee urges the State party to ensure that trafficked women and girls had the support they need, including through witness protection and social reintegration measures. The Committee recommends that the State party consider issuing resident permits to victims of trafficking whether or not they testify against their traffickers, and whether or not the perpetrators are punished.

275. The Committee is concerned about the continuing discrimination against immigrant, refugee and minority women who suffer from multiple forms of discrimination based on sex and on their ethnic or religious background, in society at large and within their communities. The Committee regrets the very limited information provided in the reports with regard to violence, including domestic violence, against immigrant women and girls.

276. The Committee urges the State party to take effective measures to eliminate discrimination against immigrant, refugee and minority women, both in society at large and within their communities. It urges the State party to respect and promote the human rights of women over discriminatory cultural practices, and take effective and proactive measures, including awareness-raising programmes to sensitize the community to combat patriarchal attitudes and stereotyping of roles and to eliminate discrimination against women in immigrant and minority communities. The Committee also recommends that the State party undertake research on the issue of violence against immigrant women and girls and implement policies and programmes to address this issue adequately.

Countries cont'd >>