Concluding Observations of the Committee Against
Torture
GEORGIA (1999)
Concluding Observations of the Committee on the
Elimination of Discrimination Against Women: Georgia, 01/07/99,
CEDAW/C/1999/L.2/Add.3.
25. The Committee expresses concern at the lack of real understanding
of discrimination against women as contained in the Convention,
which includes both direct and indirect discrimination. Such
indirect discrimination is reflected, in particular, in the
sex segregation of the labour market and in the high maternal
death rate. It further notes the absence of comprehensive
strategies and policies directed at indirect discrimination
and the lack of policies and strategies to combat discrimination
in the private sector.
26. The Committee recommends the incorporation of the principle
of equality between women and men in the Constitution. It
further recommends education and awareness-raising campaigns
be initiated utilizing, inter alia, the large number
of women in mass media and education. Efforts should be made
to obtain a clear understanding of indirect discrimination
so as to accelerate its elimination and to put in place new
legislation to address indirect discrimination. Training of
law-makers, the judiciary, health professionals and the mass
media in this respect is also recommended.
30. The Committee notes with concern the persistence of a
patriarchal culture, the prevalence of stereotyped roles of
women in Government policies, in the family, in public life
based on patterns of behaviour and attitudes that overemphasize
the role of women as mothers.
32. The Committee notes that the report provides very little
information on the issue of violence and on gender-based violence
in particular. It expresses concern that there may well be
a high level of violence against women in Georgia. The Committee
is also concerned that the current policy of not criminalizing
procuring for the purpose of prostitution has created an environment
where women and young children are not protected from sexual
exploitation in sex tourism, cross-border trafficking, and
pornography. It is also concerned at the increase in prostitution
and trafficking of women, and especially among girls, which
is largely due to their poverty.
33. The Committee recommends that laws specifically addressing
violence against women and criminalizing rape be put in place.
It also recommends that Georgia consider amendment of the
Penal Code so as to impose severe penalties for sexual violence
and abuse of women and girls. It also recommends the design
and implementation of policies and programmes to address violence
against women. In particular, it recommends the establishment
of a network of crisis centres and the expansion of consultative
services so as to render the necessary assistance to women
victims, especially girls, both in urban and rural areas.
Programmes of rehabilitation and reintegration should be developed
for the victims of sexual exploitation in prostitution and
cross-border trafficking. The Committee urges gender-sensitive
training for law enforcement officials and agencies and collection
of information and statistical data. It also recommends that
advantage be taken of the fact that women make up the majority
of judges and journalists. In all these efforts, active collaboration
with national and international NGOs should be sought, in
view of their extensive experiences in addressing these issues.
34. The Committee is concerned that there have been no efforts
to use temporary special measures to improve the situation
of women in various areas.
40. The Committee expresses concern that existing occupational
health standards relating to women will result in discrimination
against them in a labour market that is based on a market
economy.
41. The Committee recommends that existing occupational health
standards be amended and that all such standards which directly
or indirectly discriminate against women should be repealed.
42. The Committee is concerned about the situation with regard
to women's health and health care, including the high rate
of infant and maternal mortality and the high number of abortions,
which are used as a means of contraception. It also expresses
concern that the privatization of health care has negatively
affected women by restricting their access to the necessary
medical services and reducing jobs for women as nurses and
doctors.
43. The Committee recommends the enhancement of family planning
programmes and the dissemination of various forms of contraceptives
and that Georgia take advantage of assistance available from
international agencies in this regard. It also recommends
the creation of insurance plans that sufficiently cover women
patients in hospitals and in ambulatory medical care.
GERMANY
(2004)
Concluding Observations of the Committee on
the Elimination of Discrimination Against Women: Germany,
21/01/2004, CEDAW/C/2004/I/CRP.3/Add.6/Rev.1.
14. The Committee notes with appreciation the extensive network
of institutions and mechanisms for gender equality at all
levels of government, and the wide range of policies and programmes
covering many areas of the Convention. It also notes with
appreciation the integrated approach to gender mainstreaming
and the recent inauguration of the Gender Competence Centre
to support the introduction and implementation of gender mainstreaming
at various levels, including business, politics and administration.
16. The Committee commends the State party for adopting a
substantial number of laws and amendments with a view to improving
the legal position of women, including the Act Amending the
Aliens Act, providing for an independent right of residence
for foreign spouses in the event of separation after two years
of cohabitation in Germany or earlier under the hardship clause;
the Federal Act on Implementing the Concept of Equal Opportunities
between Women and Men, which allows preference to be given
to women under certain conditions in areas where women are
underrepresented; the Act to Protect Against Violence, which
provides for court orders against offenders, including violent
partners, and the Job-Aqtiv Act, which expands specific labour
market policy measures for women.
18. The Committee welcomes the State party's policy of integrating
a gender dimension into its development cooperation programmes
and promoting women's human rights in that framework.
20. The Committee is concerned about the continuation of
pervasive stereotypical and conservative views of the role
and responsibilities of women and men. It is also concerned
that women are sometimes depicted by the media and in advertising
as sex objects and in traditional roles.
21. The Committee recommends that policies be strengthened
and programmes implemented, including awareness-raising and
educational campaigns directed at women and men, and specifically
at media and advertising agencies, to help ensure the elimination
of stereotypes associated with traditional roles in the family
and the workplace, and in society at large. It also recommends
that the media be encouraged to project a positive image of
women and that concerted efforts be made to change men's and
society's perception of women as sex objects.
22. While acknowledging that a comprehensive plan of action
has been implemented and noting that the results of a survey
on violence against women are expected to become available
later in 2004, the Committee regrets the limited data and
information available with regard to the scope of violence
against women, including domestic violence, the nature of
the violence and the age and ethnicity of victims.
23. The Committee urges the State party to include data and
information on the nature and scope of violence against women,
including within the family and any new forms of violence
against women, including migrant women, and to provide this
information in its next periodic report. The Committee also
encourages the State party to continue its efforts to implement
policies, plans and programmes aimed at combating violence
against women.
24. While noting the "Agreement to promote the equal
opportunities of women and men in private industry",
the Committee expresses concern at the high level of long-term
unemployment of women, the increase in the number of women
in part -time work and in low-paid and low-skilled jobs, the
continuing wage discrimination women face and the discrepancy
between their qualifications and occupational status. The
Committee is also concerned that, notwithstanding the adoption
of new regulations in the Child -raising Benefits Act, men
seem to continue to resist taking up parental leave.
25. The Committee calls upon the State party to intensify
its efforts to increase women's de facto equal opportunities
in the labour market, including their access to full-time
employment, inter alia, through the use of temporary
special measures in accordance with article 4, paragraph 1,
of the Convention and general recommendation 25, and to promote
equal pay for work of equal value. The Committee recommends
that the State party continue to monitor the impact of regulations
on part-time work and on parental leave and increase incentives,
as necessary, so as to counteract the possible adverse consequences
of part-time work for women, especially in regard to their
pension and retirement benefits, and to encourage fathers
to make greater use of parental leave.
26. The Committee is concerned that the Convention has not
received the same degree of visibility and importance as regional
legal instruments, particularly European Union directives,
and is therefore not cited regularly as the legal basis for
measures, including legislation, for the elimination of discrimination
against women and the advancement of women in the State party.
27. The Committee urges the State party to place greater
emphasis on the Convention as a legally binding human rights
instrument in its efforts to achieve the goal of gender equality.
It also urges the State party to take proactive measures to
enhance awareness of the Convention, in particular among parliamentarians,
the judiciary and the legal profession at both the federal
level and the level of the Länder.
28. The Committee expresses concern that some aspects of
the Federal Government's reform policy "Agenda 2010"
might have a particularly negative impact on women.
29. The Committee recommends that the State party study and
carefully monitor the impact of its economic and social reforms
on women at all stages of planning, implementation and evaluation,
so as to introduce changes where necessary to counteract possible
negative effects.
30. The Committee is concerned about the situation of migrant
and minority women, including Sinti and Roma women, who suffer
from multiple forms of discrimination based on sex, ethnic
or religious background and race, and at the vulnerability
of some of these women to trafficking and sexual exploitation.
The Committee regrets the lack of specific information provided
in the reports with regard to their access to health, employment
and education, as well as various forms of violence committed
against them and, in particular, data and information about
forced marriages. The Committee is also concerned about the
situation of some foreign women domestic workers in the households
of diplomats.
31. The Committee urges the State party to take effective
measures to eliminate discrimination against migrant and minority
women, both in society at large and within their communities,
and to respect and promote their human rights, through effective
and proactive measures, including awareness-raising programmes.
The Committee recommends that the State party continue to
undertake research on the situation of migrant and minority
women and girls, and to provide the Committee with adequate
data and information on their situation in the next periodic
report, including in regard to trafficking and sexual exploitation,
as well as prevention and rehabilitation measures targeted
at these groups. The Committee also recommends that the State
party intensify efforts to protect the human rights of foreign
women domestic workers in diplomatic households.
34. The Committee expresses concern that some references
to "temporary special measures" in the report of
the State party indicate a lack of a clear understanding of
article 4, paragraph 1, of the Convention.
35. The Committee recommends that, in preparing its next
report, the State party take account of the Committee's general
recommendation 25 on article 4, paragraph 1, of the Convention.
36. While acknowledging that the Act Regulating the Legal
Situation of Prostitutes aimed at the improvement of the legal
and social protection has come into force, the Committee remains
concerned at the exploitation of prostitutes.
37. The Committee recommends that the State party monitor
the Act and provide, in its next report, an assessment of
its effects. The Committee recommends the implementation of
programmes that offer a wide range of alternative means of
earning a livelihood, thereby discouraging women from entering
into prostitution, as well as rehabilitation programmes to
help them. The Committee also recommends the implementation
of educational and information programmes on the human rights
issues involved in the exploitation of prostitution.
(2000)
Concluding Observations of the Committee on
the Elimination of Discrimination Against Women: Germany,
02/02/2000, CEDAW/C/2000/I/CRP.3/Add.7/Rev.1.
20. The Committee urges the State party to place greater
emphasis, in its next periodic report, on the assessment and
evaluation of all measures taken to eliminate discrimination
against women in all areas of their lives, and to set time
frames within which it intends to achieve its goals.
23. The Committee is concerned that the programmes, laws
and policies introduced by the Government have failed to ensure
that the Constitutional obligation to promote the implementation
of de facto equality for women is understood as a societal
responsibility and achieved in practice.
26. The Committee calls on the Government to ensure that
the definition of discrimination contained in article 1 of
the Convention, in particular the Convention's prohibition
of indirect discrimination, is fully integrated into its legislation,
especially its labour legislation. In this regard, it welcomes
the Government's intention to prepare a report on equal pay
which will examine the primary causes of wage discrimination.
The Committee calls on the State party to examine existing
formulae for the determination of equal work and work of equal
value with a view to developing guidelines or directives to
assist the partners in collective wage bargaining in determining
comparable wage structures in sectors dominated by women.
The Committee urges the Government to monitor closely the
impact of its new programme on women and work so as to ensure
that it achieves its stated aims of advancing equal opportunities
of women and men in the working world and in the family and
does not perpetuate gender stereotypes.
27. The Committee expresses its concern at the persistence
of stereotypical and traditional attitudes about the roles
and responsibilities of women and men in private and in public
life. The Committee notes that that persistence is reflected
in women's predominance in part-time work, their main responsibility
for family and caring work, occupational segregation, men's
extremely low participation in parental leave, at 1.5 per
cent of those taking parental leave in 1997, and the taxation
of married couples. The Committee is concerned that measures
aimed at the reconciliation of family and work entrench stereotypical
expectations for women and men. In that regard, the Committee
is concerned at the unmet need for kindergarten places for
the 0-3 age group, that the proportion of all-day kindergartens
was only 34.8 per cent in 1994 and that care centres were
available for only 5.1 per cent of school-age children, especially
since all-day schools are the exception in Germany.
28. The Committee urges the Government to study the impact
of measures aimed at reconciliation of work and family responsibilities
so as to create a firm basis for policies and programmes that
will accelerate change and eradicate stereotypical attitudes.
The Committee urges the State party to develop more programmes
and policies targeted at men to accelerate the changing of
attitudes and behaviour. It calls on the State party to consider
the introduction of non-transferable parental leave for fathers
to increase the number of men that share responsibility for
childcare and child-rearing. It urges the Government to improve
the availability of care places for school-age children to
facilitate women's re-entry into the labour market. It also
recommends that the State party assess the current legal provisions
on the taxation of married couples (splitting) and its impact
on the perpetuation of stereotypical expectations for married
women.
29. The Committee is concerned at the limited efforts and
measures in place to extend women's equal rights and equal
opportunities into the private sector.
30. The Committee calls on the Government to increase its
legislative and regulatory efforts to ensure that women are
protected against all forms of discrimination in the private
sector and to increase measures aimed at achieving de facto
equality. It also encourages the Government to intensify its
interaction with the private sector, including through incentives
and other non-legislative measures, as well as with unions
and with women's organizations to achieve that goal.
31. The Committee is concerned at the often precarious social
and economic situation of foreign women living in Germany.
It is also seriously concerned about reports of incidences
of xenophobic and racist attacks in the territory of the State
party and notes that foreign women are vulnerable on the multiple
grounds of sex, ethnicity and race.
32. Noting the Government's intention to commission a study
on the living situation and social integration of foreign
women and girls, the Committee requests the Government to
undertake a comprehensive assessment of the situation of foreign
women, including their access to education and training, work
and work-related benefits, health care and social protection,
and to provide such information in its next report. The Committee
calls on the Government to improve the collection of data
and statistics disaggregated by sex and race/ethnicity of
victims of violence that is motivated by xenophobia and racism,
to put in place adequate protection mechanisms, and to ensure
that foreign women victims of such attacks are made aware
of their rights and have access to effective remedies. It
also urges the Government to strengthen its efforts for the
social integration of foreign women through educational and
employment services, and through awareness-raising of the
population. It also recommends that steps be taken to combat
domestic violence and violence within the family, and to increase
foreign women's awareness about the availability of legal
remedies and means of social protection.
33. The Committee, while welcoming the Government's action
plan on violence against women, is concerned at the remaining
gaps in protecting women against violence in the family and
in society.
34. The Committee urges the Government to ensure the systematic
implementation of the plan and to monitor its impact in the
areas of emphasis identified in the plan. In particular, the
Committee recommends to put in place legislation and measures
to ensure that women victims of domestic violence have immediate
means of redress and protection. It also calls on the Government
to take measures aimed at creating zero tolerance for such
violence, and to make it socially and morally unacceptable.
The Committee further recommends that measures be taken to
sensitize the judiciary to all forms of violence against women
that constitute infringements of the human rights of women
under the Convention, and particularly taking into account
the high vulnerability of foreign women to such violence.
35. The Committee is concerned at the incidence of trafficking
in women and girls.
36. The Committee urges the Government to recognize that
trafficked women and girls are victims of human rights violations
in need of protection and, accordingly, to provide assistance
to them. It also urges the Government to increase efforts
of cross-border and international cooperation, especially
with countries of origin and transit, to reduce the incidence
of trafficking and to prosecute traffickers. It calls on the
Government to ensure that trafficked women and girls have
the support that they need so that they can provide testimony
against their traffickers. It also urges that training of
border police and law enforcement officials provide them with
the requisite skills to recognize and provide support to victims
of trafficking. It also recommends that the Government review
its procedures for issuance of visas to dependent spouses,
taking into consideration that such spouses may be vulnerable
to sexual exploitation.
37. The Committee is concerned at the continuing stereotypical
portrayal of women, especially of foreign women, in the media.
38. The Committee urges the Government to support the important
role of the media in changing stereotypical attitudes to women.
It recommends that opportunities be created for the portrayal
of positive, non-traditional images of women, and to encourage
and facilitate the use of self-regulatory mechanisms in the
media to reduce discriminatory and stereotypical portrayals
of women.
39. The Committee is concerned that although they are legally
obliged to pay taxes, prostitutes still do not enjoy the protection
of labour and social law.
40. The Committee recommends that the Government improve
the legislative situation affecting these women so as to render
them less vulnerable to exploitation and increase their social
protection.
GREECE
(2002)
Concluding Observations of the Committee on
the Elimination of Discrimination Against Women: Greece, 10/08/2002,
A/57/38 (part 3, paras. 266-300).
268. The Committee welcomes the 1999 revision of the Constitution,
particularly the revision of article 116, paragraph 2, which
legalizes the use of temporary special measures as provided
for by article 4, paragraph 1, of the Convention in order
to achieve substantive equality between women and men.
269. The Committee appreciates the close links between the
General Secretariat for Equality, other governmental bodies,
civil society and the Research Centre on Equality Matters.
270. The Committee welcomes the growing number of non-governmental
organizations that play a prominent role in promoting women's
empowerment in Greece.
271. The Committee notes with appreciation the numerous policies
implemented through the six-year action plan in order to promote
gender equality and the advancement of women. It particularly
commends the State party for its successful policies in reducing
the illiteracy rate generally and among women in particular.
273. While noting initiatives to eliminate stereotypes, the
Committee is concerned that deep-rooted patriarchal attitudes
persist.
274. The Committee recommends that the State party intensify
its efforts, inter alia by strengthening specific
programmes targeting men and boys, to change stereotypical
roles and discriminatory attitudes and perceptions about the
roles and responsibilities of women and girls and men and
boys in the family and in society.
275. The Committee expresses concern at the prevalence of
violence against women, and at the lack of specific provisions
on domestic violence and marital rape in the current legislation
on violence. The Committee is also concerned that no comprehensive
plans to address all forms of violence against women have
been adopted by the State party.
276. The Committee requests the State party to place a high
priority on the introduction and implementation of comprehensive
and holistic measures to address violence against women and
girls in the family and society in accordance with its general
recommendation 19. It calls on the State party to include
specific provisions on domestic violence, including marital
rape, in the new draft legislation on violence against women
and to ensure its speedy enactment. The Committee recommends
that the State party increase its awareness-raising measures,
including zero-tolerance campaigns through the media and public
education programmes, to ensure all forms of violence against
women and girls, including domestic violence, are regarded
as morally and socially unacceptable.
277. The Committee is concerned about the absence of specific
legal provisions and measures to address sexual harassment,
especially in the workplace.
278. The Committee urges the State party to take all necessary
measures, including introducing specific legislation, in order
to empower women to take action with regard to sexual harassment.
279. The Committee is concerned that the State party is increasingly
becoming a country of transit and destination for trafficked
women and girls, inter alia for purposes of sexual
exploitation, and that the draft legislation on "the
elimination of trafficking in human beings, of crimes against
sexual freedom, of pornography against minors, and generally
sexual exploitation and assistance to victims of these crimes"
insufficiently protects the human rights of women and girls
who have been trafficked.
280. The Committee urges the State party to design and implement
a holistic approach to combat trafficking in women and girls.
It urges the State party to review the draft legislation in
order to strengthen the provisions on assistance and to ensure
the protection of the human rights of trafficked women and
girls. It also urges the State party to further strengthen
provisions related to the sexual exploitation of trafficked
women and girls.
283. While noting a major decline in unemployment during
1999-2001, especially among women, the Committee expresses
concern that women, especially young women holding university
diplomas, still constitute the majority of the unemployed
in the State party. It is also concerned about the persisting
wage gap between women and men, and that women are paid lower
salaries than men for the same work and work of equal value.
284. The Committee urges the State party to continue developing
policies and adopting proactive measures to increase the employment
rate of women, in particular young women, and accelerate the
elimination of the wage gap between women and men. It also
requests the State party to provide more information in its
next periodic report on measures taken to eliminate the wage
gap.
285. The Committee is concerned that fathers are not taking
childcare leave and that this reinforces negative stereotypes
regarding working matters.
286. The Committee requests that the State party introduce
individualized paid paternal leave for childcare.
287. While noting the high rate of women acquiring degrees,
the Committee is concerned about the underrepresentation of
women in decision-making and political bodies, particularly
in Parliament, the economic sector and academia.
288. The Committee recommends that the State party take measures,
inter alia in accordance with article 4, paragraph
1, of the Convention, in order to realize women's right to
participation in all areas of public life and, particularly,
at high levels of decision-making. It also urges the State
party to adopt proactive measures to encourage more qualified
women to apply for high-ranking posts in academia and to implement
temporary special measures, such as quotas, with goals and
timetables, where necessary.
291. Noting that the rate of abortion has decreased by 30
per cent during the years 1994 through 2000, the Committee
is concerned that abortion is still perceived as a means of
birth control. It also notes with concern that an unusually
high percentage of women deliver through Caesarean section.
292. The Committee recommends that the State party ensure
the availability and accessibility of affordable contraceptive
means for both women and men as part of a comprehensive health
policy, including reproductive health. The Committee encourages
the State party to promote programmes of sex education for
both girls and boys. It calls on the State party to encourage
responsible sexual behaviour and take all appropriate steps
to eliminate the use of abortion as a means of birth control.
The Committee also recommends that the State party implement
awareness-raising programmes on the benefit of natural birth
in order to decrease the number of deliveries through Caesarean
section.
293. The Committee expresses concern at the discrimination
against minority women living in Greece, particularly Roma
women, including with respect to access to education, who
suffer from double discrimination based on both their sex
and ethnic background, in society at large and within their
communities.
294. The Committee urges the Government to take effective
measures to eliminate discrimination against minority women.
It urges the State party to respect and promote the human
rights of women and to take effective and proactive measures,
including awareness-raising programmes, to sensitize public
opinion at large, and particularly the police, on the issue
of minority women. It also urges the State party to address
the forms of discrimination including with regard to access
to education, by minority women through its legal, administrative
and welfare systems.
295. The Committee is concerned about the marginalization
of Muslim women with regard to education, employment, and
by the non-application of the general law of Greece to the
Muslim minority on matters of marriage and inheritance, resulting
particularly in the practice of polygamy and repudiation.
The Committee is concerned that this situation leads to discrimination
against Muslim women and negatively impacts on the realization
of their human rights as protected under the Greek Constitution
and the Convention.
296. The Committee urges the State party to accelerate its
efforts aimed at improving Muslim women's education and employment
opportunities. The Committee also urges the State party to
increase the awareness of Muslim women of their rights and
remedies and to ensure that they benefit from the provisions
of Greek law.
(1999)
Concluding Observations of the Committee on
the Elimination of Discrimination against Women: Greece, 01/02/99,
CEDAW/C/1999/I/L.1/Add.5.
8. The right of Greek women to health care was guaranteed
in the Constitution and was realized through a uniform and
decentralized national health system, as confirmed by various
indicators and demographic data. Specialized health care was
available to all women, including immigrants and refugees,
but more programmes are also planned to address women's special
health problems, including teenage abortion, and health issues
related to menopause. A drop in AIDS cases among women had
been reported.
20. The Committee is concerned that the revision of the laws
on rape has not led to the recognition of rape as a serious
infringement of a woman's human right to personal security.
21. The Committee recommends that the law on rape, including
marital rape, be reformed, and that forensic investigation
be introduced in the light of general recommendation 19, the
Declaration on the Elimination of Violence against Women and
recent developments in the laws of other European countries
that face similar problems of violence against women.
27. The Committee recommends that compliance with the regulations
governing prostitution be monitored effectively and adequate
measures to address trafficking in women introduced.
34. The Committee is concerned that inadequate attention
is given to gender-specific causes and consequences of illness
and disease and that, consequently, the country's health policy
is insufficiently responding to gender factors associated
with health.
35. The Committee recommends that all health-related data
and statistics be disaggregated by sex and age so that health
policies, service delivery and allocation of resources can
be assessed in terms of their outcomes for women and men.
It also recommends that governmental health policies, research
and resources be adjusted so as to respond adequately to the
health rights of women and men to a high standard of health
care and to the gender factors associated with health.
36. The Committee expresses its concern about the high rate
of abortion in Greece, and especially of abortions by teenagers.
The numbers are indicative of insufficient use of contraceptives,
a lack of sex education and information about contraceptives
and insufficient or unfocused family-planning efforts. The
Committee is also concerned in this respect about the extent
of funding for contraception, given the comprehensive coverage
of health insurance and funding for health services in Greece.
37. The Committee recommends that the Government introduce
sex education as part of the school curriculum. It also recommends
the improvement of family-planning policies and programmes
so that all women and men enjoy the right of access to information
about contraception and the right of choice in contraceptive
method. It also urges the Government to target men in its
family-planning efforts and to stress the shared responsibilities
of women and men in this regard.
39. The Committee urges the Government to develop a general
policy to address the particular needs of immigrant and migrant
women with regard to their protection, health, employment
and education. The Committee also urges the Government to
ensure that repatriation efforts are consistent with women's
safety and protection. The Government should also consider
entering into bilateral agreements with women migrants' countries
of origin to ensure adequate protection of women's rights
and safety. The Committee also encourages the Government to
assess the situation of all minority women with a view to
ensuring adequate support for them.
GUATEMALA
(2002)
Concluding Observations of the Committee on
the Elimination of Discrimination against Women: Guatemala,
12/08/2002, A/57/38 (part 3, paras. 172-208).
175. The Committee welcomes the efforts made by the State
party to implement the Convention, as reflected in a range
of laws, institutions, policies and programmes to address
discrimination against women in Guatemala. The Committee particularly
notes and commends the promulgation of the Act on the Prevention,
Punishment and Eradication of Domestic Violence and the inclusion
of a definition of discrimination in the Act on Dignity and
Integral Promotion of Women of 1999.
176. The Committee commends the State party for involving
women in the negotiation of the peace accords and for ensuring
the incorporation of gender issues in the various components
of those accords.
177. The Committee commends the State party for the steps
taken to introduce co-ownership and the positive measures
in granting housing subsidies to female-headed households.
178. Although noting that the existence of numerous national
mechanisms at various levels is a positive step towards institutionalizing
women's rights and gender mainstreaming, the Committee expresses
concern at the apparent lack of coordination among them. The
Committee also notes that the State party's reports were unclear
about the mandate and levels of authority and resources (both
financial and human) invested in each of those bodies.
179. The Committee recommends that the State party review
and assess the coordination among its existing institutional
mechanisms for the advancement of women and provide them with
the necessary financial and human resources for the sustainability
of the programmes initiated and include in the next report
clearer information on this issue.
180. The Committee expresses concern that, while the State
party's reports and its oral presentation contained extensive
information on programmes and measures introduced for the
development and advancement of women on the basis of equal
opportunity, very little information was provided on the impact
of those programmes and measures.
181. The Committee calls upon the State party to evaluate
the impact of existing programmes and measures for the advancement
of women and to include information on the results of such
evaluations in its next report.
182. The Committee notes with concern that, while the Constitution
refers to the principle of equality, the terms "equity"
and "equality" appear to be used synonymously in
the State party's reports and programmes.
183. The Committee calls upon the State party to recognize
that the terms "equity" and "equality"
are not synonymous and interchangeable and that the Convention
is aimed at the elimination of discrimination and ensuring
equality of women and men.
184. The Committee expresses concern about the ambiguity
of laws dealing with prostitution, particularly child prostitution,
which prohibit but do not establish sanctions commensurate
with the gravity of the offences. It is further concerned
about the high level of child prostitution and sexual exploitation
of minors.
185. The Committee recommends that the State party review
existing legislation relating to the criminalization of child
prostitution and sexual exploitation of minors and take steps
to implement its National Plan of Action against Commercial
Sexual Exploitation of Children and Adolescents in Guatemala.
186. The Committee expresses concern that, while the human
rights of women are explicitly recognized in a number of laws,
there does not appear to be wide awareness among women of
their rights under these laws or the means by which those
laws can be enforced. The Committee notes that, despite the
introduction of protections and social security rights in
the area of labour, including domestic workers and those working
in the maquila industries, this legislation is not complied
with or enforced and that some employers in this industry
require women seeking employment to undergo pregnancy tests.
The Committee notes that non-enforcement of such labour legislation
constitutes "discrimination of effect" as defined
in article 1 of the Convention.
187. The Committee calls upon the State party to ensure that
State authorities implement all current legislation concerning
women's human rights, in particular labour legislation through
proactive investigations of alleged violations of female workers'
rights and take measures to strengthen the enforcement powers
of labour inspection authorities. The Committee further urges
the State party to take appropriate measures, including the
promotion of stronger private sector codes of conduct, to
ensure compliance with existing legislation, in particular
with regard to the rights of women enshrined in the Convention,
which forms part of Guatemalan law. The Committee also calls
upon the State party to take steps to raise awareness among
women of their legal rights and the means by which those rights
can be enforced.
188. While the Committee welcomes the development by the
National Office for Women's Affairs of a methodology for eliminating
sexual stereotypes in teaching materials and school textbooks,
and the creation of a multisectoral commission for the application
of the methodology, it expresses concern at the persistence
of stereotypes concerning the role of women in the family
and society. It notes that those stereotypes are particularly
strong within the indigenous population. The Committee is
also concerned that, notwithstanding the various efforts being
made to achieve equality between women and men through legislative
reform, the execution of gender-sensitive programmes, the
training of officials and the creation of national machineries,
the persistence of such stereotypes will impede the advancement
of women in Guatemala, in particular among indigenous women,
and the enjoyment of their human rights.
189. The Committee urges the State party to make the raising
of awareness among the general public of the rights of women
a priority in its strategy for the advancement of women by
building upon existing media campaigns and introducing new
awareness-raising and education campaigns on various women's
human rights issues. Such campaigns must target men as well
as women at all levels of society in particular among the
indigenous population.
190. Although recognizing the introduction of temporary special
measures for the advancement of women in the area of education,
the Committee notes the reduced participation of women in
political activities, in particular the minimum participation
in the Congress and at decision-making levels in both the
public and the private sectors.
192. The Committee expresses concern about the high rate
of infant and maternal mortality in Guatemala.
193. The Committee recommends that the State party make every
effort to increase access to health-care facilities and medical
assistance by trained personnel, particularly in rural areas
and especially in the areas of pre- and post-natal care.
194. The Committee also expresses concern about the limited
autonomy that women have over decisions on the number and
spacing of their children, and the limited sex education and
knowledge of family planning. The Committee is also concerned
about prevalent social attitudes that measure a man's masculinity
by the number of children he fathers.
195. The Committee calls upon the State party to improve
its family planning and reproductive health policy and programmes
by, inter alia, making affordable contraceptive means
widely available and accessible to both women and men, in
particular in the rural areas. It encourages the State party
to redouble its efforts to eliminate the view that the sole
role of women is reproduction, as stated in its combined third
and fourth periodic report.
196. The Committee expresses concern about the disparity
between the legal age of marriage for girls and boys, which
is discriminatory. The Committee is further concerned that
the minimum age at which a girl can legally contract matrimony
- 14 years - is too low and can impact negatively on their
health and impede their education.
197. The Committee urges the State party to take steps to
remove the disparity in the legal age of marriage of women
and men and take measures to raise the minimum age of marriage
for girls, in line with article 1 of the Convention on the
Rights of the Child, which defines a child as being below
the age of 18, and the provision on child marriage in article
16, paragraph 2, of the Convention on the Elimination of All
Forms of Discrimination against Women. The Committee urges
the State party to develop awareness campaigns on the negative
implications of early marriage on the health and education
of girls.
198. The Committee notes with concern the persistence of
illiteracy among certain groups of women in Guatemala, particularly
among the indigenous population.
199. The Committee calls on the State party to enhance its
efforts to combat illiteracy, especially in the rural areas
and among indigenous people, and to develop more programmes
to address illiteracy among adult women.
200. The Committee expresses concern about the lack of information
provided in the State party's reports and oral presentation
about the number and the levels of women in the academic field
and the distribution among different disciplines.
201. The Committee calls upon the State party to include
information on these issues in its next periodic report.
202. The Committee notes with concern the high incidence
of child labour in Guatemala, in particular among girls, and
its implications for their personal development and enjoyment
of the right to education and health care.
203. The Committee urges the State party to take steps to
ensure that all children, especially girls, have access to
basic education, health care and the protection of minimum
labour standards elaborated by the International Labour Organization.
(1994)
Concluding Observations of the Committee on
the Elimination of Discrimination against Women: Guatemala,
12/04/94, A/49/38, paras. 38-87.
45. Members pointed out that no information was given in
the report about any family-planning policy or about steps
taken to upgrade the health of women and children. It was
also not clear from the report whether the machinery to implement
policies to promote the status of women had been upgraded.
46. Members noted the significant responsibilities of women
in Guatemala, including those for health, hygiene and family
nutrition, but that women were not given the same importance
as men in outside work and in politics.
51. Considering that Guatemalan society appeared to view
prostitution with indifference and tended to blame prostitution
on the women themselves without taking into consideration
the social and economic environment, such an attitude entailed
the risk of exploitation by men. Society should consider the
reasons why women were in that situation. Members requested
statistical data related to prostitution, including information
on the age bracket and the social strata of the women involved,
and asked whether health, education and rehabilitation services
had been set up for those women.
52. The representative was convinced that those evils were
caused by lack of adequate education and said that the aim
of the Government was to find training and new working opportunities
for those women. Non-governmental organizations had elaborated
specific training programmes.
63. Members inquired about the Government's family-planning
policy and asked whether the programmes were geared only towards
rural women or also directed towards women in urban areas
and indigenous women.
64. The representative said that the family-planning policy
was given wide publicity and was open to anybody. Every small
community had family-planning services. Indigenous communities
had equal access, but they considered the practices harmful
to their traditions and habits. They also tended to object
to using contraceptives because they thought that their use
was a birth control method specifically targeted at them to
exterminate their culture and people. The representative explained
that family planning had negative effects on the population.
Women had been strongly discriminated against in that all
of the preventive methods had been directed only against them.
Indigenous women were not given information about the effects
of contraceptives on their bodies and sometimes the donation
of food was linked to the use of contraceptives. Birth control
led to the breakdown of the society and the family. It also
had a negative effect on youth and increased the number of
households headed by single women.
68. Members commented that in Guatemala sexist notions, such
as the "natural" role of women in the context of
procreation, were still being reinforced. If such sexist attitudes
prevailed, they would have adverse effects on the future of
girls who would choose only traditional feminine careers.
Members inquired about consciousness-raising campaigns that
should enhance the social and economic role of women rather
than their role in the family. The representative stated that
the notions of the role of women in the family should not
be changed. A misunderstanding of equality would not benefit
any society. It was more important to encourage the idea of
the complementarity of men and women.
71. Members expressed the opinion that the legal provision
according to which the husband remained the head of the family
and a woman needed the husband's permission to take up outside
activities was contrary to the provisions of the Convention
and extended the patriarchal system. It was a source of basic
discrimination against women and, although the Constitution
provided for the right to work, the "husband's law"
seemed to be superior to the basic law. Likewise, the family
law spoke only of the obligation of women to look after the
children and take care of the household, without also mentioning
the husbands.
72. In reply the representative referred to the ruling of
the Constitutional Court which said that men and women had
equal family responsibilities in protecting the children.
The law that gave the husband the right to represent his spouse
in no way harmed the wife, especially as the role of head
of the family could be assumed by the wife if the husband
was unable to do so because he had either abandoned the household
or been sentenced to imprisonment. The administration of property
was carried out by common agreement between the spouses. The
representative said that the provisions according to which
the husband had to provide assistance to the wife and the
wife had the right and duty to care for minor children were
in no way discriminatory; they were only meant to protect
the wife. Neither of the two spouses could avoid their responsibilities
towards their children. Women were not prohibited from taking
on outside activities as long as such jobs did not prevent
them from taking care of their minor children and the household
and were not contrary to the purpose of marriage and the obligations
inherent in maternity.
73. When members asked whether women had taken court action
to claim their rights, whether any amendment of the law was
planned and what the reaction of women's groups to that law
was, the representative said that no claims had ever been
entered to oppose the husband as the representative of the
family.
81. In short, the members of the Committee commented that
women did not appear to be a priority for the Government,
that there was far-reaching legal discrimination, and that
there was no information on initiatives to combat discrimination
resulting from highly stereotyped cultural patterns or on
the actual situation of women among indigenous ethnic groups.
In general, they regarded the report as inadequate in the
light of the recommendations made by the Committee in that
connection. They expressed the view that the very wording
of the report was sometimes discriminatory; that showed that
the Government needed to review and adjust its approach so
as to improve the situation of Guatemalan women.
GUINEA (2001)
Concluding Observations of the Committee on the
Elimination of Discrimination Against Women: Guinea, 31/07/2001,
A/56/38,paras.97-144.
120. The Committee expresses concern about the existing gap
between the de jure and de facto equality of women and men
and the persistence of customary practices that continue to
discriminate against women.
121. The Committee encourages the Government to ensure full
implementation of laws and policies that provide for de jure
equality and seek to eliminate discrimination against women,
and to establish a monitoring mechanism to ensure the implementation
of those laws. It recommends that the Government ensure that
those charged with responsibility for the implementation of
such laws and policies at all levels are fully aware of their
content and that it introduce public education and legal literacy
campaigns to ensure wide knowledge of these laws and policies.
122. The Committee notes with concern that, despite prohibitions
in statutory law, there is wide social acceptance and lack
of sanctions for such practices as female genital mutilation,
polygamy and forced marriage, including levirate and sororate,
and discrimination in regard to child custody and inheritance.
It expresses concern that the civil code contains provisions
in family law that discriminate against women and that reinforce
discriminatory social practices. The Committee also expresses
concern that the Government uses social practices and customs
to justify the non-enforcement of the civil code.
123. The Committee recommends that the Government develop
an action plan, including a public-awareness campaign targeted
at both women and men, with the support of civil society and
social partners, to eliminate the gap between statutory law
and social customs and practices, especially with regard to
family law. It encourages the State party to work with relevant
ministries and non-governmental organizations, including lawyers'
associations and women's groups, to create an enabling environment
for legal reform and effective law enforcement. The Committee
calls upon the Government to ensure women's awareness of their
rights and to explore and apply innovative methods to reach
illiterate women.
124. The Committee is concerned that the concept of male
preference continues to be entrenched in some provisions of
nationality law.
125. The Committee recommends that female and male spouses
who marry foreigners be treated equally in regulations governing
nationality. The Committee urges the Government to ensure
that the concept of jus sanguinis is applied to ensure that
children of mixed parentage born outside the country can acquire
nationality through their Guinean mother.
126. The Committee expresses its concern about the high prevalence
of illiteracy among women and girls and the low level of schooling
of girls, especially in rural areas. It notes that education
is a key to the empowerment 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 their human rights
and to sustainable national development.
127. The Committee urges the Government to strengthen its
efforts to improve the literacy level of girls and women,
to improve the access of girls and young women to all levels
of education and to prevent girls dropping out of school.
It encourages the Government to introduce further special
measures in the area of education, including incentives for
parents to send girls to school and the recruitment of women
teachers.
128. While the Government has made progress in addressing
the basic health needs of the population, the Committee expresses
concern at the prevalence of maternal and infant mortality,
the persistent practice and high rate of female genital mutilation,
women's lack of access to health-care facilities and the lack
of access to family-planning services.
129. The Committee recommends that the Government focus its
policies and resources on improving the status of women's
health, in particular with regard to maternal and infant mortality.
It urges the Government to increase women's access to health-care
and family-planning services.
130. The Committee expresses alarm at the increasing rate
of HIV/AIDS and the absence of measures for the care of women
and girls infected and affected by HIV/AIDS.
131. The Committee urges the Government to take holistic
measures to combat the HIV/AIDS pandemic and to take further
practical preventive measures by providing access to condoms
for women and men. It also urges the Government to ensure
that women and girls infected by HIV/AIDS are not discriminated
against and are given appropriate assistance. The Committee
emphasizes that the collection of reliable data on HIV/AIDS
is critical to gaining an understanding of the pandemic.
134. The Committee expresses its concern at the prevalence
of violence against women and girls, including domestic violence,
beating, repudiation, early and forced marriages and abuse
of widows and menopausal women.
135. The Committee urges the Government to assign the issue
of violence against women a high priority and to recognize
that such violence, including domestic violence, constitutes
a violation of the human rights of women under the Convention.
In the light of its general recommendation 19,5 the Committee
requests the Government to enact legislation on domestic violence
as soon as possible, and to ensure that violence against women
and girls constitutes a criminal offence and that female victims
of violence have immediate means of redress and protection.
The Committee also recommends gender training for all public
officials, in particular law-enforcement officials and the
judiciary, as well as health workers, to educate them about
all forms of violence against women and girls.
136. The Committee notes with concern that, despite legislative
prohibition, prostitution is growing at an alarming rate and
that the prevalence of HIV and other sexually transmitted
diseases among prostitutes is on the increase.
137. The Committee urges the Government to strictly enforce
laws that prohibit the exploitation of prostitution without
penalizing women who provide sexual services and, in addition,
to pay full attention to the provision of health services
for prostitutes so as to curb the rise in the number of HIV/AIDS
cases.
138. The Committee expresses concern about the situation
of rural women, who constitute the majority of the female
population in the country. It also expresses concern that
customs and beliefs that prevent women from inheriting or
gaining ownership of land and property are most broadly accepted
in rural areas.
139. The Committee urges the Government to pay the greatest
attention to the needs of rural women and to ensure that they
benefit from policies and programmes adopted in all spheres,
as well as participate in decision-making and have full access
to health services and credit facilities. It urges the elimination
of discrimination with respect to the ownership and inheritance
of land.
GUYANA
(2001)
Concluding Observations of the Committee on
the Elimination of Discrimination Against Women: Guyana, 31/07/2001,
A/56/38, paras. 145-184.
168. While there seems to be a policy on maternity leave,
the Committee expresses concern that women continue to be
discriminated against on the grounds of pregnancy and maternity,
particularly in the private sector, where contractual arrangements
are also made to circumvent the existing laws. Law enforcement
is dependent upon prosecution by the Chief Labour Officer;
this does not appear to provide effective remedies.
169. The Committee urges the Government to bring its laws
and policies on maternity in conformity with the Convention.
It encourages the Government to develop a national policy
for the private and public sectors that includes minimum mandatory
and paid maternity and parental leave, and to provide effective
sanctions and remedies for violation of laws on maternity
leave. It also encourages the Government to establish training
programmes for the staff of the Labour Office to facilitate
prosecution and ensure the effective enforcement of existing
laws for both the public and private sectors.
170. The Committee expresses concern that stereotypical attitudes
and behavioural patterns owing to cultural beliefs about the
roles of women and men in the family and in society persist.
171. The Committee urges the Government to implement awareness-raising
campaigns to change stereotypical and discriminatory attitudes
concerning the roles of women and girls, including specific
programmes targeting boys and men.
172. The Committee expresses concern about the persistence
of gender-based violence, in particular domestic violence.
173. The Committee urges the Government to place a high priority
on measures to address violence against women in the family
and in society in accordance with the Committee's general
recommendation 19.
174. The Committee expresses concern about the situation
of rural women and Amerindian women, and the lack of information
thereon.
175. The Committee encourages the Government to give full
attention to the needs of rural women and Amerindian women
and to ensure that they benefit from policies and programmes
in all areas, in particular access to decision-making, health,
education and social services. The Committee requests that
the Government provide detailed information in that regard
in its next periodic report.
178. The Committee notes with concern the increasing number
of HIV/AIDS cases in Guyana, especially among young people.
179. The Committee strongly urges the Government to take
a multifaceted and holistic approach to combating HIV/AIDS,
including broad-based educational strategies and practical
prevention efforts, targeted at women and adolescents.
180. The Committee expresses concern about the application
of legislation on prostitution, dating from 1893, which has
not been reformed and continues to penalize the prostitute
but not the client or the procurer.
181. The Committee urges the Government to take effective
steps to review and amend existing legislation on prostitution
in conformity with the Convention, and to ensure its full
implementation and compliance. Moreover, in the light of the
high incidence of HIV/AIDS in Guyana, full attention must
be paid to the health services available to prostitutes
(1995)
Concluding Observations of the Committee on
the Elimination of Discrimination against Women: Guyana, 31/05/95,
A/50/38, paras. 616-626.
620. The Committee expressed its concern that the provisions
of the Convention were not integrated into the Constitution
of Guyana and that some laws still needed to be amended in
order to comply fully with the Convention.
621. It noted also with concern the lack of family planning
services and the numbers of illegal abortions because of it.
(1994)
Concluding Observations of the Committee on
the Elimination of Discrimination against Women: Guyana, 12/04/94,
A/49/38, paras. 88-125.
99. Members of the Committee welcomed the clear description
of the negative impact of structural adjustment programmes
on women, which illustrated how political and economic change
would affect women negatively, if human resource development
was not considered. Members asked for further information
on actions taken by the Government to mitigate the negative
impact of such programmes on women and children. The representative
mentioned that, under the Social Impact Amelioration Programme,
periodic payments were made to elderly women and pregnant
and lactating mothers, for a limited period of time, to cushion
the effects of the withdrawal of government subsidies of basic
goods. Guyana received assistance from a number of United
Nations programmes and specialized agencies and other donors.
Seventeen health-care projects had been carried out. However,
significant delays in the implementation of projects were
experienced, and the Government's capacity to absorb further
badly needed assistance was limited by its inability to provide
administrative and financial counterparts.
106. Members sought more information on prostitution and
related activities and wanted to know whether laws and specific
programmes had had an impact on reducing the number of prostitutes.
The representative stated that the law penalized any male
person for knowingly living, wholly or partly, on the earnings
of prostitution or soliciting for an immoral purpose. To prevent
the increase of prostitution linked to the urban migration
of young women, efforts were being made to raise the living
standards in rural areas and to encourage young women there
to undertake income-generating activities.
117. Members required further information on programmes to
combat the AIDS/HIV pandemic and on existing facilities for
infected women. The representative stressed that the increase
in HIV infection among women far exceeded that of men, although
fewer women carried the virus than men. The Government had
launched education programmes to combat the spread of AIDS
among young people, encouraging the use and acceptance of
condoms. Discussions on removing taboos associated with sexual
behaviour had taken place. She also reported on efforts being
made to end the stigmatization of AIDS victims.
118. Referring to the severe problem of anaemia, a very incapacitating
illness for women, members wanted to know if female malnutrition
resulted from the traditional diet, lack of variety of foods
or poverty. Given the decrease in life expectancy, members
asked for the common causes of female mortality. The representative
stated that high-risk pregnancies, lack of trained medical
attendants, malnutrition and abortion were some of the contributing
factors. A 50 per cent decrease in government spending on
health services had had an impact on the 86 per cent of the
population considered to be living under the poverty line,
and on women in particular.
119. Concerning family planning, members requested information
on the existence of a national family planning programme,
on access to special maternity services and on the availability,
use and general acceptance of contraceptives. The representative
informed the Committee that family planning advice and counselling
was conducted at 166 clinics across the country and included
the provision of various forms of contraceptives, prenatal
and postnatal services, immunizations, pap smears, pregnancy
tests, infertility and fertility counselling and treatment.
Women, in general, accepted family planning very well. A responsible
parenthood organization was conducting educational programmes
for young people. The representative also said there was no
government policy on family planning owing to the demographic
trends of high mortality and emigration in Guyana.
120. On the incidence of abortion, the representative stated
that the number of illegal abortions was high as abortion
was often used as a form of contraception by women having
no access to other family planning methods. The highest number
of abortions occurred in the 24-29-year age group and among
East Indian women, followed by Black women. There was an ongoing
debate on the decriminalization of abortion as proposed in
a bill tabled in Parliament.
HUNGARY
(2002)
Concluding Observations of the Committee on the
Elimination of Discrimination against Women: Hungary, 20/08/2002,
A/57/38 (part 3, paras. 309-338).
312. The Committee commends the State party for its recent
legislative measures on trafficking in persons, especially
women and girls, including changing the definition of trafficking
in persons to reflect the definition in article 3 (a) of the
Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime, and the
introduction of victim and witness protection measures.
313. The Committee expresses concern that, although the State
party indicated that the Convention is incorporated in domestic
law and the Constitution contains a provision prohibiting
discrimination based on sex, there is no legislative definition
of "discrimination against women" reflecting article
1 of the Convention. The Committee is further concerned that
Hungarian law does not provide for procedures accessible to
women to enforce their rights under the Convention or the
Constitution or provide remedies to redress violations of
their rights as set forth in these instruments.
314. The Committee recommends that the State party take steps
to include in its legislation a specific right to non-discrimination
on the grounds of sex, defined in accordance with article
1 of the Convention. It calls on the State party to introduce
procedures that will allow effective enforcement of the prohibition
on discrimination based on sex and introduce measures, including
awareness-raising campaigns about the Convention, the Constitution
and remedies to uphold women's right to equality, including
for, inter alia, the judiciary and parliamentarians.
The Committee requests that the State party report on progress
made in this regard in its next periodic report, as well as
information on whether the Convention has been invoked before
domestic courts.
315. Taking into account the recent restructuring of the
national machinery for the advancement of women in June 2002,
the Committee is concerned that the Directorate-General for
Equal Opportunities and its Department of Equal Opportunity
for Women, newly established within the Ministry of Employment
Policy and Labour, unless supported by enhanced supplementary
mechanisms, may lack sufficient power to promote effectively
the advancement of women and gender equality. The Committee
is concerned that the national mechanism may have inadequate
financial and human resources.
316. The Committee recommends that the State party assess
the capacity of the national machinery for the advancement
of women, including its mandate and resources. The Committee
recommends that the national machinery be given the power,
visibility and human and financial resources required to advance
the State party's efforts to implement the Convention. It
also recommends that the State party fully implement gender
mainstreaming strategies, inter alia, by clearly
defining the coordinating role and mandate of the Council
of Women's Representation, composed of government representatives
and representatives of non-governmental organizations, scholars
and other members of civil society concerned with women's
issues.
317. While welcoming the fact that the Parliamentary Commissioner
for Civil Rights (Ombudsman) may investigate cases of violations
of women's rights and may recommend remedies in this context,
the Committee notes that the Commissioner has only considered
one case of discrimination against women. The Committee is
concerned that the Parliamentary Commissioner for Civil Rights
has not made efforts to initiate legislation or regulations
concerning gender issues.
318. The Committee recommends that the State party take measures
to ensure that the institution of the Parliamentary Commissioner
for Civil Rights actively and fully incorporates a gender
perspective in its work.
319. The Committee is concerned about the persistence of
entrenched traditional stereotypes regarding the role and
responsibilities of women and men in the family and in society
at large.
320. The Committee urges the State party to design and implement
comprehensive programmes in the educational system, including
human rights education and gender training, which includes
dissemination of information on the Convention, with a view
to changing existing stereotypical attitudes, including advancing
the notion of parenting as a social responsibility of both
mothers and fathers. It recommends awareness-raising campaigns
directed at both women and men as required by article 5 of
the Convention. The Committee recommends that men be encouraged
through measures, such as non-transferable parental leave,
to make this transformation.
321. The Committee is concerned about the prevalence of violence
against women and girls, including domestic violence. It is
particularly concerned that no specific legislation has been
enacted to combat domestic violence and sexual harassment
and that no protection or exclusion orders or shelters exist
for the immediate protection of women victims of domestic
violence.
322. The Committee urges the State party to place high priority
on comprehensive measures to address violence against women
in the family and in society, and to recognize that such violence,
including domestic violence, constitutes a violation of the
human rights of women under the Convention. In the light of
its general recommendation 19 on violence against women, the
Committee calls upon the State party to ensure that such violence
constitutes a crime punishable under criminal law, that it
is prosecuted and punished with the required severity and
speed, and that women victims of violence have immediate means
of redress and protection, including access to shelters that
provide them with effective and confidential protection from
their abusers. It recommends that training measures be taken
to ensure that public officials, especially law enforcement
officials, the judiciary, the medical profession and social
workers, are fully sensitized to all forms of violence against
women. The Committee invites the State party to undertake
awareness-raising measures in cooperation with women's human
rights NGOs, including a campaign of zero tolerance, to make
such violence socially and morally unacceptable. It recommends
the introduction of a specific law prohibiting domestic violence
against women, which would provide for protection and exclusion
orders and access to legal aid as well as specific legislation
prohibiting sexual harassment.
323. Noting that the State party is considering a new draft
law on prostitution, the Committee is still concerned that
current regulations establishing so-called "zones of
protection" where prostitution is prohibited and "zones
of tolerance" where prostitution is permitted may be
rendering the exploitation of women in prostitution difficult
to punish, thereby worsening their situation.
324. The Committee requests the State party to include in
its next report information on the review of its draft law
on prostitution and information on any legislative changes
to ensure that the exploitation of women in prostitution is
effectively prohibited and that they are provided with access
to health and social services and alternative means of support
for the protection of their human rights.
327. The Committee expresses concern about women's disadvantaged
position in the labour market, including the decline in women's
employment and vertical and occupational segregation with
wage differentials between women and men. The Committee is
also concerned that government policy regarding these wage
differentials rests on general job classification schemes
and does not specifically address the need for women to be
guaranteed equal pay for work of equal value. The Committee
is concerned about discrimination in hiring women of childbearing
age, mothers with small children and older women.
328. The Committee urges the State party to ensure equal
opportunities for women and men in the labour market, inter
alia, through the use of temporary special measures in
accordance with article 4, paragraph 1, of the Convention.
It recommends that efforts be made to eliminate occupational
segregation, inter alia, through education, training
and retraining. The Committee urges the State party to collate
sex-disaggregated data regarding the type and extent of wage
differentials and to apply job classification analysis to
eliminate the practice of women receiving unequal pay for
work of equal value. The Committee recommends that measures
allowing for reconciliation between family and professional
responsibilities be strengthened and that the sharing of domestic
and family tasks between women and men be promoted.
329. While noting that abortion rates have fallen in the
reporting period, the Committee remains concerned about the
high rate of abortion among women, including young women without
children, and the possible connection to difficulties in accessing
family planning methods and the prohibitive cost of contraceptives,
particularly for women with low incomes. The Committee is
concerned that the report does not include data on women's
general health situation, access to health care or information
about the general health policy of the State party, including
information on the access to health care of rural women. Furthermore,
it notes that the report lacks statistical data on the prevalence
of alcohol, drug and substance abuse by women of different
age groups or detailed information on the main causes of death
among women.
330. The Committee draws attention to its general recommendation
24 on women and health and recommends that comprehensive research
be undertaken into the specific health needs of women, including
reproductive health, HIV/AIDS, the financial and organizational
strengthening of family planning programmes addressed to women
and men and the provision of wide access to contraceptives
for all women. The Committee urges the State party to reinforce
programmes on sexual education for both girls and boys. The
Committee calls on the State party to take all appropriate
measures to foster responsible sexual behaviour and take all
appropriate steps to stop the use of abortion as a means of
birth control. The Committee requests the State party to provide
in its next report detailed information on women's general
health, government policy on health, access to health care
and the major causes of death among women, in particular rural
women, as well as information and statistical data disaggregated
by sex and age on the prevalence of alcohol, drug and substance
abuse and measures aimed at preventing and reducing such abuse,
the availability of counselling and rehabilitation measures
for these women and girls.
331. Noting that the report contains extensive information
about the overall situation of the Roma minority and a range
of programmes and initiatives of the State party, particularly
with regard to education, the Committee regrets the lack of
information and statistical data disaggregated by sex on Roma
women.
332. The Committee requests the State party to include in
its next report statistical data disaggregated by sex and
information about the situation of Roma women and any gender-specific
policies and programmes aimed at their economic empowerment
and ensuring their access to health-care services, social
security, adequate housing and educational opportunities.
333. While welcoming the State party's comprehensive review
of its current law on sexual crimes, the Committee remains
concerned that the Hungarian Penal Code currently treats sexual
crimes as crimes against decency rather than violations of
women's rights to bodily security. It is particularly concerned
that the definition of rape, including that within marriage,
is based on the use of force rather than lack of consent,
as well as the issue of seduction of girls below the age of
14 years. The Committee is also concerned that Hungarian law
permits early marriage of girls between the ages of 16 and
18 in certain circumstances.
334. The Committee recommends that the State party reform
its law to define sexual crimes as crimes involving violations
of women's rights to bodily security and that the State party
define the crime of rape as sexual intercourse without consent,
and amend its law on seduction of girls less than 14 years
of age to incorporate the concept of statutory rape and prohibit
sexual intercourse with underage girls. The Committee also
urges the State party to take measures to raise the minimum
age of marriage for girls in line with article 1 of the Convention
on the Rights of the Child, which defines a child as being
below the age of 18, and the provision on child marriage in
article 16, paragraph 2, of the Convention on the Elimination
of All Forms of Discrimination against Women. The Committee
urges the State party to develop awareness campaigns on the
negative implications of early marriage on the health and
education of girls.
(1996)
Concluding Observations of the Committee on
the Elimination of Discrimination against Women: Hungary,
09/05/96, A/51/38, paras. 229-264.
250. The Committee noted with concern the undue emphasis
placed on women's role as mothers without balancing it with
their role as citizens.
252. The Committee noted with alarm that the number of acts
of violence and sex crimes against women more than doubled
between 1988 and 1993, and consequently deplores the lack
of special criminal legislation designed to curb these crimes.
253. The Committee noted with regret that the economic constraints
resulting from the transition process were having a negative
impact on women's employment and health; female unemployment
was increasing and the quality of social services provided
to women was deteriorating.
254. In addition, the state of health of the female population
was unsatisfactory when judged by international standards.
In particular, the high cost of contraceptives prevented women
from freely planning when to have children. The very high
increase in the rate of abortions was of concern to the Committee.
255. The Committee noted with concern the scale of the problem
of prostitution, which affected girls and women in ethnic
minorities in particular.
259. The Committee requested the Government to take urgent
legislative and concrete measures to provide female victims
of violence with protection and appropriate and suitable services.
260. The Committee requested the Government to offer sex
education programmes to all young people and to subsidize
contraceptives in order to promote family planning and reduce
the number of abortions.
261. The Committee urgently requested the Government to take
all necessary measures to rehabilitate and reintegrate prostitutes
into society.
ICELAND (1996)
Concluding Observations of the Committee on the
Elimination of Discrimination against Women: Iceland, 09/05/96,
A/51/38, paras. 67-104.
77. The Committee commended the emphasis placed by the Government
on the eradication of violence and the establishment of a
committee to ascertain the extent and causes of violence in
the home, as well as the provision of an emergency ward for
rape victims in the city hospital. The Committee also commended
the passage of a law making the State Treasury responsible
for the payment of damages to the victims of violence, as
well as the formation of a Men's Committee aimed at sensitizing
men to the problems resulting from violent behaviour.
84. The Committee noted with concern that the cost of contraception
was not covered under the public health system.
85. The Committee noted with concern the lack of adequate
information on certain Articles of the Convention, particularly
Article 12, which addresses the rights of women and States
parties' obligations with respect to health care. The Committee
noted the lack of information on specific aspects of women's
health, as well as the lack of a gender perspective in matters
pertaining to health in general, in particular with regard
to mental health, as well as in medical research.
88. The Committee recommended that, in future, statistics
disaggregated by sex be included in the periodic reports and
that the Government of Iceland comply with general recommendation
9. In particular, the Committee encouraged the Government
to generate sex-disaggregated data of health needs and services,
so as to assist the development of a gender-sensitive health
policy.
94. The Committee felt that revising the law on maternity
leave was not enough to achieve a more balanced sharing of
family responsibilities by men and women. It therefore recommended
that the Government develop other means to increase men's
participation in household tasks and child care, bearing in
mind the nature of both the paid work done by men and that
done by women inside and outside the home.
100. The Committee urged the Government to intensify further
its information programmes among migrant women, in particular
those that pertain to the rights of women in Iceland. In order
to ensure the protection of migrant women, it further encouraged
the Government to continue the provision of adequate health
and counselling services and monitoring of the increasing
number of intermarriages between Icelandic men and migrant
women which the Government is undertaking.
104. The Committee urged the Government to adopt a public
health approach to the issue of violence against women and
facilitate the reporting of violence through primary health-care
providers.
INDIA (2000)
Concluding Observations of the Committee on the
Elimination of Discrimination Against Women: India, 01/02/2000,
CEDAW/C/2000/I/CRP.3/Add.4/Rev.1.
23. The Committee considers that widespread poverty, such
social practices as the caste system and son preference, as
reflected in a high incidence of violence against women, significant
gender disparities and an adverse sex ratio, present major
obstacles to the implementation of the Convention.
31. The Committee notes that steps have not been taken to
reform the personal laws of different religious and ethnic
groups in consultation with them so as to conform with the
Convention. The Committee is concerned that the Government's
policy of non-intervention perpetuates sexual stereotypes,
son preference and discrimination against women.
32. The Committee urges the Government to withdraw its declaration
to article 16 (1) of the Convention and to work with and support
women's groups as members of the community in reviewing and
reforming these personal laws. The Committee also calls upon
the Government to follow the directives principles in the
Constitution and Supreme Court decisions and enact a uniform
civil code which different ethnic and religious groups may
adopt.
33. The Committee is concerned that India has not yet established
a comprehensive and compulsory system of registration of births
and marriages. The Committee notes that inability to prove
those important events by documentation prevents effective
implementation of laws that protect women and girls from sexual
exploitation and trafficking, child labour and forced or early
marriage. The Committee is also concerned that failure to
register marriages may also prejudice the inheritance rights
of women.
34. The Committee calls upon the Government to provide adequate
resources and establish a system of compulsory registration
of births and monitor implementation in cooperation with women's
groups and local bodies. It urges the Government to withdraw
the reservation to article 16(2) of the Convention.
35. The Committee is concerned that the fundamental right
to education under the Constitution recognized by the Supreme
Court has not been realized by providing girls with equal
access to primary and secondary education. It notes that budgetary
allocation for education is still far below India's commitments
with regard to the Beijing Platform for Action.
36. The Committee urges the Government to take affirmative
action, set a time-frame and provide adequate resources for
primary and secondary education so as to give girls equal
access to education and eradicate adult illiteracy among women.
It calls upon the Government to make primary and secondary
education compulsory by introducing and enforcing relevant
regulations.
38. The Committee recommends that a sex discrimination act
be introduced to make the standards of the Convention and
the Constitution applicable to non-state action and inaction.
39. The Committee is concerned that there is a high incidence
of gender-based violence against women, which takes even more
extreme forms because of customary practices, such as dowry,
sati and the devadasi system. Discrimination against
women who belong to particular castes or ethnic or religious
groups is also manifest in extreme forms of physical and sexual
violence and harassment.
40. The Committee urges the Government to implement existing
legislation prohibiting such practices as dowry, devadasi
and caste-based discrimination. It calls upon the Government
to strengthen law enforcement and introduce reforms proposed
by the National Commission on Women and women activists in
regard to the law on rape, sexual harassment and domestic
violence.
41. The Committee recommends that a national plan of action
be developed to address in a holistic manner the issue of
gender-based violence, in line with the Committee's general
recommendations 19 and 24. It calls upon the Government to
provide statistics and information on violence against women
in its next report.
42. The Committee is concerned that women are exposed to
the risk of high levels of violence, rape, sexual harassment,
humiliation and torture in areas where there are armed insurrections.
43. The Committee recommends a review of prevention of terrorism
legislation and the Armed Forces Special Provisions Act, in
consultation with the Human Rights Commission, the National
Commission of Women and civil society, so that special powers
given to the security forces do not prevent the investigation
and prosecution of acts of violence against women in conflict
areas, and during detention and arrest. The Committee recommends
that women be given an opportunity to make their contribution
to peaceful conflict resolutions.
44. The Committee recommends the introduction of gender sensitization
and human rights programmes for the police, the security forces
and medical professionals, in addition to programmes already
undertaken.
45. The Committee is concerned with the continuing discrimination,
including violence, suffered by women of the Dalit community,
despite the passage of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act of 1989.
46. The Committee urges the Government to enforce laws preventing
discrimination against Dalit women and prohibiting the devadasi
system. It urges the Government to introduce affirmative action
programmes in such areas as education, employment and health
so as to provide life chances to Dalit women and girls and
create an environment conducive to their progress. The Committee
calls upon the Government to set a time-frame for those interventions
and provide information on the progress made in the next report.
47. The Committee is concerned that women and girls are exploited
in prostitution and inter-state and cross-border trafficking.
It is also concerned that those women are exposed to human
immunodeficiency virus/acquired immunodeficiency syndrome
(HIV/AIDS) and health risks and that existing legislation
encourages mandatory testing and isolation.
48. The Committee calls upon the Government to review existing
legislation on trafficking and forced prostitution and to
strengthen law enforcement. It recommends the development
of bilateral and inter-state controls and reintegration and
advocacy programmes to prevent the exploitation of women and
girls in forced prostitution and trafficking.
49. The Committee notes with concern that maternal mortality
rates and infant mortality rates are among the highest in
the world. It also notes the adverse sex ratio and the incidence
of sex-selective abortions due to son preference despite the
law banning that practice. It notes that family planning is
only targeted for women.
50. The Committee recommends the adoption of a holistic approach
to women's health throughout the life cycle in the country's
health programme. It urges the Government to allocate resources
from a "women's right to health" perspective, following
the guidelines of the Committee's general recommendation 24.
The Committee calls upon the Government to elicit the support
of medical associations in enforcing professional ethics and
preventing sex-selective abortions. The Committee also recommends
that the Government obtain the support of the medical profession
in creating awareness on the urgent need to eliminate practices
associated with son preference.
INDONESIA (1998)
Concluding Observations of the Committee on the
Elimination of Discrimination against Women: Indonesia, 14/05/98,
A/53/38, paras. 262-311.
266. As a follow-up to the Beijing Conference, the Government
had launched a national movement - the Outlook of Harmonious
Gender Partnership between Men and Women in the Family, Society
and Development - with a view to inculcating values of equality
in the citizenry. It had also translated the Platform for
Action and the Convention into local languages. However, the
representative reported that the particular focus of the Government
was on the four core areas of poverty eradication, education,
health and empowerment.
280. The Committee recognizes the success of the Government's
family planning programme. The Committee views this as an
example of the Government's ability to take highly effective
steps to improve the situation of women. However, some concern
is expressed that the focus of the programme is so predominantly
upon women, and Committee members emphasize the need also
to take into account men's responsibility for family planning.
284. The Committee is very concerned at the existence of
laws that are not in accordance with the provisions of the
Convention. It notes that discrimination against women exists
in laws regarding:
(a) Family and marriage, including polygamy; age for marriage;
divorce and the requirement that a wife obtain her husband's
consent for a passport;
(b) Economic rights, including ownership and inheritance
of land; access to loans and credits; entitlement to social,
health and other benefits in the labour sector and the requirement
that a wife obtain her husband's consent for night employment;
(c) Health, including the requirement that the wife obtain
her husband's consent with regard to sterilization or abortion,
even when her life is in danger.
296. The Committee notes the information on the situation
of migrant women, which has been presented in the form of
a supplement to the report. However, the Committee remains
concerned that this does not include discussion of reports
of the death as a result of mistreatment and abuses of Indonesian
migrant women abroad, as well as cases of trafficking for
the purposes of prostitution. It is concerned that the Government
lacks the mechanisms to respond to abuses of Indonesian women
abroad.
297. The Committee is gravely concerned about reported cases
of coercion in the course of the implementation of the family
planning programme. The Committee points out that such coercion
contravenes the Government's obligations under the Convention
to ensure women's reproductive rights to freedom of choice
and informed consent with respect to methods of family planning.
298. The Committee is concerned that limited information
has been provided on the problem of HIV/AIDS. There is no
data on the extent of the problem, rates of increase or any
sex-disaggregated data. The Committee is particularly concerned
that the problem of HIV/AIDS is being attributed to women
in prostitution. Concern is also expressed about programmes
designed to "clean the city streets" of prostitutes
whenever there is a major international event in Jakarta.
Information provided to the Committee by other sources suggests
that women taken off the streets have been subjected to forced
vaginal examinations.
300. The Committee is concerned that not enough is being
done to address the issue of prostitution and trafficking
in women as envisaged in Article 6 of the Convention. It is
also concerned that not enough is being done to assist these
women through socio-economic and health programmes and that
preventive measures and re-socialization efforts are aimed
principally at prostitutes and do not address male clients.
302. The Committee recommends that the Government take appropriate
measures to mitigate the negative impact that the current
economic crisis may have on women in Indonesia, particularly
in the areas of education, health and employment.
303. The Committee urges the Government to collect, as a
matter of priority, data on the extent, causes and consequences
of the problem of violence against women in Indonesia. The
Committee also emphasizes the need for the gender sensitization
of authorities, including the judiciary, law enforcement officers,
lawyers, social workers, health professionals or others who
are directly involved in combating violence against women.
310. The Committee recommends that the Government address
the issue of trafficking in women and prostitution, in accordance
with Article 6 of the Convention, and establish, inter
alia, socio-economic and health programmes to assist
women in this context.
IRAQ (2000)
Concluding Observations of the Committee on the
Elimination of Discrimination Against Women: Iraq, 14/06/2000,
A/55/38, paras. 166-210.
178. The Committee notes that the effects of sanctions and
embargo are reflected in the difficult economic and social
situation prevailing in the country, which has had repercussions
on the advancement of women and on their socio-economic well-being.
The situation impedes the full implementation of the Convention.
However, the Committee is of the opinion that, notwithstanding
difficulties, the State party remains responsible for implementing
its obligations under the Convention in order to ensure elimination
of discrimination against women with respect to the rights
contained in the Convention.
179. The Committee notes with concern that while the current
situation in the State party is not favourable to the advancement
of women in some respects, the State party has failed to adopt
specific policies and take all possible measures to implement
the Convention. The Committee notes in particular the failure
of the State party to revoke legislative provisions that discriminate
against women.
180. The Committee also notes with concern that discriminatory
views and attitudes that impede women's enjoyment of their
rights have not been addressed by the State party.
181. The Committee calls on the Government to review discriminatory
legislative provisions and to take measures, including temporary
special measures, aimed at creating a non-discriminatory legislative
and de facto environment for women.
182. The Committee is concerned that while article 19, subparagraph
(a), of the Constitution of 1970 provides for equality of
all citizens before the law without discrimination, including
discrimination on the basis of sex, it does not specifically
prohibit discrimination that has the effect or purpose of
adversely affecting women's human rights. The Committee is
also concerned that article 19, subparagraph (b), grants equal
opportunities to all citizens "within the limits of the
law", thus restricting the guarantee of article 19, subparagraph
(a), in particular for women.
186. The Committee is concerned that the State party explicitly
ruled out the possibility of withdrawal of its reservations
to article 2, subparagraphs (f) and (g), and articles 9 and
16. The Committee expresses its concern at the State party's
justification of those reservations as being based on its
desire to apply the provisions of the Convention in a manner
consistent with Islamic Sharia. In that regard, the Committee
draws the attention of the State party to its statement on
reservations (see A/53/38/Rev.1, part two, chap. I), and in
particular its view that articles 2 and 16 are central to
the object and purpose of the Convention, and that, in accordance
with article 28, paragraph 2, reservations should be reviewed
and modified or withdrawn.
187. The Committee is also concerned that Iraq's nationality
law, which is based on the principle that the members of a
family should all have the same nationality and that none
should have dual nationality or lose their nationality, does
not grant women an independent right to acquire, change or
retain their nationality or to pass it on to their children.
189. While noting the existence of certain legislative provisions
on violence against women, the Committee expresses its concern
at the lack of a comprehensive approach to that issue. The
Committee is particularly concerned about the lack of data
and information on the incidence and types of violence perpetrated
against women in the home and in society; social, medical
and psychological support available to women subjected to
violence; and measures to prosecute and punish perpetrators
and to provide legal redress.
190. The Committee requests the Government to provide in
its next report a comprehensive picture with regard to violence
against women in the State party, including information on
legislation, statistical data on the types and incidence of
violence against women and the responses to such violence
by law enforcement officials, the judiciary, social workers
and health-care providers. The Committee urges the Government
to encourage and support the establishment of facilities for
women victims of domestic violence, such as telephone hotlines
and shelters for battered women, and to launch a zero-tolerance
campaign on violence against women so as to raise awareness
about the problem and the need to combat it effectively.
191. The Committee is concerned at the prevailing view that
emphasizes women's stereotypical role in the family and in
private life to the detriment of establishing equality of
women in all spheres of life. The Committee notes with concern
that insufficient attention is being given to modifying harmful
traditional and cultural practices, such as polygamy, and
stereotypical attitudes that perpetuate discrimination against
women.
192. The Committee urges the Government to implement awareness-raising
campaigns to change stereotypical and discriminatory attitudes
concerning the roles of women and girls, in addition to providing
a non-discriminatory legislative basis. It also urges the
Government to work towards the elimination of the practice
of polygamy, in light of the Committee's general recommendation
21 on marriage and family relations. It also urges the Government
to ensure that gender-sensitive public education campaigns
at all levels create a non-discriminatory environment.
193. The Committee is also deeply concerned by the violence
against women perpetrated through honour killings.
194. The Committee urges the Government in particular to
condemn and eradicate honour killings and ensure that these
crimes are prosecuted and punished in the same way as other
homicides.
195. While noting that, apparently, there is a quota provision
in place in the country's main political party, the Ba'ath
Party, to increase the number of women in leadership positions,
the Committee expresses its concern about the continuing low
representation of women in public life.
196. The Committee calls on the Government to introduce measures
in accordance with article 4, paragraph 1, of the Convention,
and especially to increase the number of women in the political
sphere.
197. The Committee notes with concern the level of illiteracy
among women, the increasing rate at which girls drop out of
secondary and higher education, and the low representation
of women in technical schools.
198. The Committee calls on the Government to strengthen
efforts to eradicate illiteracy and to ensure primary and
secondary education for girls by preventing school dropouts.
It further urges the Government to broaden the educational
and training opportunities for girls and young women at the
secondary and tertiary levels and in technical fields. It
urges the Government to give particular attention to ensuring
that girls and women have equal access to new specializations,
including the opportunity to acquire skills and knowledge
to participate on a basis of equality with men in the labour
market and in the future reconstruction of the country.
199. The Committee expresses its concern about women's low
participation in the labour market. It is also concerned at
the absence of a law establishing minimum wages, which makes
it extremely difficult to determine whether women are being
paid equal pay for work of equal value. The Committee is also
concerned that the flexibility granted to employers in labour
relations has a negative impact on women's employability and
security of employment. Differences in maternity benefits
granted to women in the public and the private sector are
also a cause of concern to the Committee.
200. The Committee urges the Government to ensure that women
do not bear a disproportionate portion of the economic difficulties
facing the country. In particular, the Committee calls on
the Government to ensure that non-discriminatory labour legislation
is in place and effectively enforced. The Committee requests
the Government to ensure that women's reproductive function
does not lead to discrimination against them in employment,
job security and social benefits.
201. The Committee recognizes that sanctions have had a negative
impact on women and children in areas such as health care,
nutrition, employment and other basic social services. The
Committee nevertheless is concerned at the failure of the
Government to put in place specific and targeted measures
to address these problems.
202. The Committee urges the Government to assess the differential
impact of sanctions on women and children, especially on particularly
vulnerable groups of women, and to put in place measures aimed
at countering such a negative impact. In that regard, the
Committee urges the Government to use resources available
from programmes such as the oil-for-food programme in a manner
that directly benefits women, including through diverting
resources currently allocated for other purposes.
203. The Committee expresses its concern at the overall health
situation of women. It notes the high incidence of maternal
mortality and the lack of basic health services, medicines
and reproductive health services, including qualified birth
attendants. The Committee is particularly concerned that,
given the socio-economic difficulties, no measures have been
put in place to address the mental and psychological health
of women. The Committee is also concerned that no steps have
been taken to determine the prevalence of HIV/AIDS in the
country, and that no relevant preventive education and information
campaigns aimed at women exist.
204. The Committee urges the Government to put in place mechanisms
to provide the greatest possible protection of women's health
rights. It urges the Government to ensure that women and children
are effectively targeted so as to benefit from available resources
and that such resources are not diverted to other purposes.
It calls on the Government to take a holistic view of women's
health, in line with the Committee's general recommendation
24 relating to article 12 of the Convention, and to put in
place measures to ensure women's mental and psychological
well-being.
205. The Committee expresses its concern about the lack of
information provided about the situation of rural women and
the implementation of article 14 of the Convention.
206. The Committee calls on the Government to provide in
its next report a comprehensive picture of the situation of
rural women, in particular their educational, health and employment
situation, and the impact of traditions and stereotypes on
their status.
207. The Committee notes with concern the lack of information
on the situation of particularly disadvantaged groups of women,
especially women belonging to ethnic minorities, including
Kurds, Turkmens and Assyrians.
208. The Committee calls on the Government to address the
situation of those groups of women.
IRELAND (1999)
Concluding Observations of the Committee on the
Elimination of Discrimination Against Women: Ireland, 01/07/99,
CEDAW/C/1999/L.2/Add.4.
The representative of Ireland began his introduction by emphasizing
Ireland's involvement of women in politics, giving the example
of the election of their second successive woman President,
which followed an election in which four of the five candidates
were women. Although the number of women in Parliament was
still lower than desired, the Second Commission on the Status
of Women had made several recommendations to the Government
and political parties were seeking to increase women's representation.
The representative explained that the 1998 Employment Equality
Act outlawed discrimination on nine grounds, including gender,
marital status, family status, sexual orientation and membership
in the "traveller" community.
19. The Committee considers that the persistence of the emphasis
on the role of women as mothers and caregivers tends to perpetuate
sex role stereotypes and constitutes a serious impediment
to the full implementation of the Convention. The lack of
emphasis, in public perception and in State policy, on the
shared responsibility of men for family and caring work further
compounds the situation of de facto inequality of women.
20. The Committee notes that, although Ireland is a secular
State, the influence of the Church is strongly felt not only
in attitudes and stereotypes, but also in official State policy.
In particular, women's right to health, including reproductive
health, is compromised by this influence. The Committee notes
that Ireland did not enter a reservation to article 12 upon
ratification of the Convention. The Committee recommends the
implementation of this article in full.
23. While welcoming the Government's recent focus on developing
and adopting family-friendly, childcare and parental leave
policies to facilitate women's participation in the labour
market, the Committee expresses its concern that these policies
continue to place primary responsibility for family work and
childcare on women, rather than emphasizing the shared responsibility
of men and women.
24. The Committee urges the Government to monitor and review
its work and family life policies and legislation so as to
ensure that they create incentives and opportunities for women
and men to share, equally, paid work outside the home and
unpaid family work. In particular, the Committee recommends
that such regulations and policies be accompanied by awareness-raising
and educational efforts aimed at changing attitudes concerning
women's traditional roles and responsibilities for child and
family care. It also recommends that parental leave regulations
be assessed with a view to providing for paid parental leave
so as to create an incentive for men to take advantage of
their legal entitlements.
25. While noting with appreciation the existence of a Plan
for Women's Health, 1997-1999, and the establishment of a
Women's Health Council, as well as the wide availability of
various programmes to improve women's health, the Committee
is concerned that, with very limited exceptions, abortion
remains illegal in Ireland. Women who wish to terminate their
pregnancies need to travel abroad. This creates hardship for
vulnerable groups, such as female asylum seekers who cannot
leave the territory of the State.
26. The Committee urges the Government to facilitate a national
dialogue on women's reproductive rights, including on the
restrictive abortion laws. It also urges the Government to
further improve family planning services and the availability
of contraception, including for teenagers and young adults.
It also urges the Government to promote the use of condoms
to prevent the spread of HIV/AIDS.
27. Noting that a National Steering Committee on Violence
against Women has been established to develop a national strategy
on this issue, the Committee is concerned that no comprehensive
and multidimensional strategy has yet been adopted to prevent
and eliminate violence against women.
28. The Committee requests the inclusion in the next report
of comprehensive statistical information on the types and
frequency of violence against women, including domestic violence,
the number of complaints brought by women and the results
of investigations. The Committee also requests detailed information
on sexual harassment against women in the workplace, and on
means of redress available to and used by women and the results
thereof.
34. The Committee emphasizes that article 5 of the Convention
stipulates that all appropriate measures to modify the social
and cultural patterns of conduct of men and women be taken,
with a view to the elimination of prejudices and customary
and all other practices that are based on stereotyped roles
for men and women. The Committee calls upon the Government
to ensure that the Parliamentary Committee on Constitutional
Reform is fully aware of Ireland's obligations under the Convention,
including article 5.
ISRAEL (1997)
Concluding Observations of the Committee on the
Elimination of Discrimination against Women: Israel, 21/07/97,
A/52/38 Rev.1, Part II, paras. 132-183.
155. The Committee commended the existence of the compulsory
National Health Insurance Law of 1995, which guarantees universal
access to health care for all communities.
161. The Committee was concerned about the fact that non-Jewish
women had worse living conditions than Jewish women. They
received a lower level of education, participated less in
the government service and occupied limited decision-making
posts.
162. The Committee was also concerned because non-Jewish
women enjoyed poorer health, resulting in very high maternal
and infant mortality rates. There were also fewer employment
opportunities available to them.
163. The Committee was concerned about remaining instances
of polygamy, forced marriage and genital mutilation, as well
as "honour killings".
164. The Committee noted with concern that the public health
system allocated considerable resources to in vitro fertilization,
yet contraceptives were not free of charge.
168. The Committee was concerned about the fact that a large
number of women were arrested for prostitution. The Committee
was likewise concerned about the large number of advertisements
for sex services in daily newspapers, which contributed significantly
to the spread of prostitution.
178. The Committee strongly suggested that the Government
of Israel take necessary steps to eliminate practices which
could not be justified on any grounds, such as forced marriages,
female genital mutilation, honour killings and polygamy.
180. The Committee recommended that some of the resources
allocated to the treatment of infertility should be used to
study its causes and its prevention.
181. The Committee recommended that public health services
supply free and accessible contraceptives.
182. The Committee requested the Government of Israel to
address the following issues in its next report: the status
of disabled women; how indirect discrimination in the workplace
is dealt with; the leave entitlement of mothers and fathers
for the birth of a child or when they have young children,
and the actual use made of such entitlement; the impact on
the social roles of women and men of programmes aimed at changing
stereotypes; programmes for gender sensitization of the judiciary,
police and health professionals; and financial support provided
by the Government for all non-governmental organizations in
the territory of Israel.
ITALY (1997)
Concluding Observations of the Committee on the
Elimination of Discrimination against Women: Italy, 17/07/97,
A/52/38 Rev.1, Part II, paras. 322-364.
351. The Committee was concerned about the inequality in
the sharing of "caring responsibilities" and the
fact that such responsibilities fell predominantly upon women
in Italy, a factor that was particularly acute in southern
Italy. It noted with concern the absence of efforts or programmes
to encourage Italian men to undertake their fair share of
domestic responsibilities, and to care for the children and
the elderly.
352. The Committee expressed concern about the lack of statistics
and/or studies into the causes of a number of health-related
issues concerning women. It noted with serious concern that
studies suggested an increase in incidence of lung cancer
among women. It also noted the very high incidence of caesarian
section deliveries and the failure of women to take advantage
of early detection technologies, including mammography and
pap smears, and the failure to explain that phenomenon in
the report. In addition, the Committee was concerned about
the lack of data on occupational health and disease.
353. The Committee expressed particular concern with regard
to the limited availability of abortion services for women
in southern Italy, as a result of the high incidence of conscientious
objection among doctors and hospital personnel.
359. The Committee urged the Government of Italy to embark
on public sensitization campaigns in relation to domestic
violence in its various manifestations (sexual, physical,
etc.) to ensure the protection of human rights of women and
the girl child in the family. In particular, the Committee
recommended that measures be introduced to encourage complaints
and provide mechanisms for effective and timely response to
such claims. It recommended that health professionals be trained
in the care and management of domestic violence cases. The
Committee also recommended the introduction of measures to
increase the number of domestic violence shelters throughout
Italy.
360. The Committee strongly recommended that the Government
take steps to secure the enjoyment by women, in particular,
southern Italian women, of their reproductive rights by, inter
alia, guaranteeing them access to safe abortion services
in public hospitals.
JAMAICA (2001)
Concluding Observations of the Committee on the
Elimination of Discrimination Against Women: Jamaica, 02/02/2001,
A/56/38, paras. 195-233.
211. The Committee expresses its concern at the slowness
of legal reform relating to anti-discriminatory legislation.
The Committee also expresses its concern that, although the
Constitution provides for the equality of all citizens, there
are no constitutional remedies available
213. The Committee expresses its concern that Jamaica's passport
law provides that a married woman may keep her maiden name
on her passport only if she insists or for professional reasons
and that, in those cases, a note would be entered in her passport
with the name of her husband and the fact of her marriage.
214. The Committee calls upon the Government to bring the
passport law into line with article 16 (g) of the Convention.
215. The Committee expresses its concern that the Maternity
Leave with Pay Act of 1979 does not cover domestic workers.
It also expresses its concern with the disparity of eligibility
and benefits to domestic workers under the National Insurance
Scheme and other female workers covered under the Maternity
Leave with Pay Act.
216. The Committee calls upon the State party to revise the
Maternity Leave with Pay Act 1979 so as to ensure that, in
accordance with international standards, all mothers receive
leave with pay. It also calls upon the State party to review
the Maternity Leave with Pay Act and the National Insurance
Scheme with a view to removing any disparity as regards the
eligibility of domestic workers and other female workers to
benefits.
217. The Committee expresses its concern that stereotypical
attitudes and behavioural patterns about the roles of women
and men in the family and in society persist.
218. The Committee urges the Government to implement awareness-raising
campaigns to change stereotypical and discriminatory attitudes
concerning the roles of women and girls.
223. The Committee expresses its concern about the high rate
of teenage pregnancies.
224. The Committee calls upon the State party to improve
its family planning and reproductive health policy and programmes,
including availability and accessibility to affordable modern
contraceptive means for both women and men. It encourages
the Government to promote educational programmes on reproductive
rights and responsible sexual behaviour for both women and
men, particularly young people.
225. The Committee expresses its concern about the persistence
of gender-based violence and domestic violence, including
marital rape. The Committee also expresses its concern about
the high incidence of incest and rape, and the lack of a holistic
governmental strategy to identify and eradicate gender-based
violence.
226. The Committee urges the Government to place a high priority
on measures to address violence against women in the family
and in society, in accordance with general recommendation
19 of the Committee and the Declaration on the Elimination
of Violence against Women. The Committee recommends that the
Government raise public awareness about violence against women
and urges the Government to strengthen its activities and
programmes to focus on sexual violence, sexual crimes, incest
and prostitution, especially prostitution associated with
tourism. The Committee urges the Government to ratify the
Inter-American Convention for the Prevention, Punishment and
Eradication of Violence against Women in order to strengthen
the Government's programmes in that area.
JAPAN
(1995)
Concluding Observations of the Committee on the
Elimination of Discrimination against Women: Japan, 31/05/95,
A/50/38, paras. 627-636.
635. To enable the Committee to have a better understanding
of commercial sexual exploitation or prostitution of immigrant
women in Japan, more detailed information should be provided
on the sex industry in Japan. The Committee requests the Government
of Japan to undertake a study of the sex industry in Japan
and to provide information on the findings in its next report.
The Committee also encourages the Government to take specific
and effective measures to address these current issues as
well as war-related crimes and to inform the Committee about
such measures in the next report.
(1994)
Concluding Observations of the Committee on
the Elimination of Discrimination against Women: Japan, 12/04/94,
A/49/38, paras. 546-607.
566. In reply to questions regarding single-parent families,
the representative said that households headed by a single
mother, irrespective of her marital status, received loans,
counselling, a survivor's pension, a child-rearing allowance
and at-home care, and could also obtain night-time child care.
Additional special allowances included the payment of a vocational
training allowance and the payment of travel expenses.
573. There was no statistical record on the incidence of
violence against prostitutes. Although it was illegal to be
the client of a prostitute, there was no provision for punishment.
574. Regarding the question whether the Government had considered
providing compensation to women who had been forced into prostitution,
the representative said that official organizations never
forced women into prostitution. Although the Government did
not provide compensation to women who had been forced into
prostitution by individuals or private organizations, persons
who solicited in public for purposes of prostitution might
be sent to the Women's Guidance Home, and girls and women
in need of protection were provided with professional counselling,
guidance and housing.
576. In additional comments, members observed that the report
included very little information about cases of Asian women
who had raised issues of exploitation against Japan. Reference
was made to cases of sex tourism, the abuse of other Asian
women in the Japanese sex industry, mail-order brides and
the exploitation of women through forays of Japanese men into
other Asian countries. The Government was urged to discourage
sex tourism. Particular reference was made to the fate of
women who had been forced into prostitution by Japanese men
during the Second World War, often referred to as "comfort
women". It was suggested by some members that the Government
should pay overall compensation to the surviving victims without
their having to go to court individually, and create a women's
fund in memory of those who had died in the meantime, thus
meeting its commitment to the women of Asia. They requested
an explanation about the measures the Government was planning
to take to assist those women.
577. It was said that the report did not provide enough data
on prostitution, pornography, violence against women, exploitation
of immigrant women, the shelter situation for battered women
and the punishments for those offences. Members asked whether
criminal gangs profited from the exploitation of women and
whether geisha girls or hostesses were still common. They
urged the Government to undertake a study on all of those
issues and the underlying causes and report on the policy
measures taken.
603. Members referred to the medical tests that were mandatory
for women serving in private bath houses. The fact that they
were not informed of the results constituted a violation of
human rights.
JORDAN (2000)
Concluding Observations of the Committee on the
Elimination of Discrimination Against Women: Jordan, 27/01/2000,
CEDAW/C/2000/I/CRP.3/Add.1/Rev.1.
20. The Committee welcomes the legislative reforms undertaken
by the State party since ratification of the Convention, including
with regard to labour law, civil service regulations and regulations
concerning the Family Document.
21. The Committee notes with satisfaction the level of education
girls and women have achieved. In particular, the Committee
welcomes that parity has been achieved in enrolment rates
in the basic and secondary cycles, and the fact that the gap
between women and men in university education is closing.
It also commends the Government's efforts to further reduce
women's lliteracy rate.
22. The Committee notes with satisfaction that there is an
increasing trend in women' participation in the labour force,
which contributes to women's empowerment and strengthens their
participation in public life in general.
23. The Committee welcomes with appreciation the fact that
women's non-governmental organizations play an active role
in public life. The Committee commends in particular their
efforts to support women's political, economic and social
empowerment.
24. The Committee commends the progress made in improving
women's health situation, including the provision of reproductive
health services and high contraceptive prevalence among married
women.
25. The Committee notes that violence against women is now
acknowledged as a critical issue that needs to be addressed
through governmental action.
26. The Committee commends the Government on the preparation
of a national strategy for women and of a national programme
of action for the implementation of the Beijing Declaration
and Platform for Action. It notes with satisfaction that these
were prepared in a collaborative effort, involving various
government bodies, the national machinery and non-governmental
organizations. It also welcomes the inclusion of a gender
perspective in the economic and social development plan for
1999-2003 by including women's issues in all of the sectors
covered by the plan.
27. The Committee considers that the country's current socio-economic
situation, with the doubling of the population due largely
to refugee influx, and the scarcity of natural resources affect
the full implementation of the Convention. The persistence
of strong stereotypical attitudes concerning the roles and
responsibilities of women and men also constitutes an impediment
to full implementation of the Convention.
28. The Committee expresses its concern that cultural practices
and the persistence of strong stereotypical attitudes about
the roles and responsibilities of women and men affecting
all spheres of life are impediments to the full implementation
of the Convention.
29. The Committee urges the Government to review, or enact
laws that will make cultural practices that discriminate against
women illegal. The Committee also urges the Government to
increase awareness raising programmes, as well as public information
to change stereotypical attitudes and perceptions about the
roles and responsibilities of women and men.
30. The Committee expresses its concern that although article
6 of the Jordanian Constitution recognizes a principle of
equality of all Jordanians before the law, it does not contain
a specific provision which states that there shall be no discrimination,
either de jure or de facto, on the ground of sex.
31. The Committee calls on the Government to encourage a
constitutional amendment to incorporate equality on the basis
of sex in article 6 of the Constitution, and to reflect fully
article 1 of the Convention in the Constitution.
33. The Committee urges the Government to publish the Convention
in the Official Gazette without delay, and to initiate necessary
legislative action to make the Convention enforceable in courts.
The Committee further calls on the Government to undertake
a review of all existing legislation to bring it fully into
compliance with the amended Constitution and the Convention.
34. The Committee is concerned that Jordanian nationality
law prevents a Jordanian woman from passing on her nationality
to her children if her husband is not Jordanian. This is an
anachronistic situation at a time when Jordan is making major
strides in its economic and democratic development and when
marriage between persons of different nationalities is increasingly
common. It also notes with concern that Jordanian law prohibits
women from concluding contracts in their own name, from travelling
alone and from choosing their place of residence. The Committee
notes with concern that Jordan has entered reservations to
articles 9.2 and 15.4 which relate to these matters. The Committee
urges the Government to revoke these laws, and to withdraw
the reservations to articles 9.2 and 15.4.
35. The Committee notes that a woman's right to choose a
family name, a profession or occupation, rights upon divorce
and rights and responsibilities as a parent are not recognized
in the Personal Status Code. It also notes with concern that
Jordanian law recognizes the practice of polygamy.
36. The Committee calls upon the Government to amend the
Personal Status Code to recognize women's rights to choice
of family name, occupation, as well as their rights upon divorce
and with regard to their responsibilities as parents. It also
calls upon the Government to reconsider the law and policy
on polygamy in line with the Convention, the Constitution,
and evolving social relations in the country. It also recommends
that the Government review its reservations to article 16
(c), (d) and (g) with a view to their withdrawal.
The Committee notes with concern that violence against women
is a critical issue. The Committee recommends that the Government
take the necessary legal and social measures, including awareness
raising to address effectively the issue of violence against
women.
The Committee expresses its concern that several provisions
of the Penal Code continue to discriminate against women.
In particular, the Committee is concerned that article 340
of the Penal Code provides a defence to a man who kills or
injures his wife or his female kin caught in the act of adultery.
The Committee urges the Government to provide all possible
support for the speedy repeal of article 340 and to undertake
awareness-raising activities that make "honour killings"
socially and morally unacceptable. It also urges the Government
to take steps that ensure the replacement of protective custody
with other types of protection for women.
The Committee expresses its concern that the prohibition
of abortion also applies to cases where the pregnancy is due
to rape or incest. The Committee calls on the Government to
initiate legislative action to permit safe abortion for victims
of rape and incest.
KAZAKHSTAN (2001)
Concluding Observations of the Committee on the
Elimination of Discrimination Against Women: Kazakhstan, 02/02/2001,
A/56/38, paras. 68-113.
87. The Committee is concerned that although the Constitution
provides for the equality of all citizens, it does not contain
a definition of discrimination against women in accordance
with article 1 of the Convention, which prohibits both direct
and indirect discrimination. The Committee is also concerned
about the status of the Convention and whether its provisions
can be directly invoked before the courts.
95. The Committee expresses its concern at the prevalence
of violence against women and girls, including domestic violence.
96. The Committee urges the Government to make the issue
of violence against women a high priority and to recognize
that such violence, including domestic violence, constitutes
a violation of human rights of women under the Convention.
In the light of its general recommendation 19, the Committee
requests the Government to enact legislation on domestic violence
as soon as possible, and to ensure that violence against women
and girls constitutes a criminal offence and that women and
girl victims of violence have immediate means of redress and
protection. It recommends gender training for all public officials,
in particular law-enforcement officials and the judiciary,
as well as health workers, to educate them about all forms
of violence against women and girls. The Committee also recommends
that the Government organize awareness-raising campaigns through
the media and public education programmes to address all forms
of violence against women and girls, including domestic violence.
97. The Committee expresses its concern that the Government
has not made sufficient effort to address the issue of trafficking
in women and girls.
98. The Committee requests the Government to provide, in
its next report, comprehensive information on trafficking
of women and girls, and on female migration. It recommends
the formulation of a comprehensive strategy to combat trafficking
of women, which should include the prosecution and punishment
of offenders and increased international, regional and bilateral
cooperation. It also recommends the introduction of measures
aimed at improving the economic situation of women so as to
reduce their vulnerability to traffickers, and rehabilitation
and reintegration measures for women and girls who have been
victims of trafficking.
100. The Committee encourages the Government to analyse the
correlation between the high level of educational attainments
of women and their income levels. It recommends the introduction
of measures to accelerate the representation of women at all
levels of decision-making. It urges the Government to implement
the planned curriculum reform and revision of textbooks in
order to combat the traditional attitudes towards women and
to help to create an enabling environment for promoting women's
presence in high-level and well-paid positions.
105. While noting a decline in the mortality rate of women,
the Committee expresses its concern about the status of women's
health, especially their reproductive health. It is alarmed
that free access to health care appears to be no longer available
to all women. It also expresses its concern that abortion
continues to be used as a means of birth control. The large
number of women suffering from anaemia and the incidence of
infectious diseases alarms the Committee. It further expresses
its concern about the increase in the use of alcohol and tobacco
among women. The Committee expresses concern about the degree
of environmental degradation in the country and its extremely
negative impact on the health of the whole population, in
particular women and children.
106. The Committee urges the Government to maintain free
access to adequate health care and to improve its family planning
and reproductive health policy, including availability of
and accessibility to modern contraceptive means. It encourages
the Government to promote sex education for both girls and
boys, as well as educational programmes to combat alcohol
and drug abuse among women. The Committee also urges the Government
to design and implement a sound environmental policy aimed
at protecting the health of women and children.
109. The Committee expresses its concern with the situation
of rural women, including their access to health-care services,
education and income-generating activities.
110. The Committee recommends that the Government pay greater
attention to the situation of rural women and develop special
policies and programmes aimed at their economic empowerment,
ensuring their access to capital and productive resources
as well as to health-care services and educational and social
opportunities.
KENYA (2003)
Concluding Observations of the Committee on the
Elimination of Discrimination against Women: Kenya, 15/01/2003.
A/58/38 (part 1, paras. 199-230).
202. The Committee welcomes the draft constitution which
will come into force by June 2003, as it addresses issues
of the reform of existing discriminatory laws.
203. The Committee welcomes the transformation of the Standing
Committee on Human Rights into the Kenya National Commission
on Human Rights, and commends the State party for elevating
the National Machinery for the Advancement of Women, giving
it more autonomy within the new Ministry of Gender, Sports,
Culture and Social Services.
205. Although the draft constitution, once enacted, should
provide for the applicability of international conventions
ratified by the State party in domestic courts of law, the
Committee is concerned that the Convention on the Elimination
of All Forms of Discrimination against Women has not yet been
incorporated into domestic law and its provisions have not
been invoked before the courts.
206. The Committee recommends that the State party incorporate
the provisions of the Convention on the Elimination of All
Forms of Discrimination against Women into domestic law without
delay and requests the State party to ensure that the provisions
of the Convention are fully reflected in the constitution
and in all legislation.
207. The Committee is concerned that legislative provisions
as well as customary laws and practices that discriminate
against women in areas such as marriage, divorce, burial and
devolution of property on death continue to exist. The Committee
is further concerned at the continued existence of multiple
laws governing marriage and divorce.
208. The Committee recommends that the State party take appropriate
action to eliminate all discriminatory laws, practices and
traditions and to ensure women's equality with men particularly
in marriage and divorce, burial and devolution of property
upon death in accordance with the provisions of the Convention.
In this regard, the Committee recommends speedy enactment
of the relevant bills, including the Domestic violence (family
protection) bill of 2002; the Equality bill of 2001; the National
Commission on Gender and Development bill of 2002; the Criminal
law amendment bill of 2002; the HIV/AIDS Prevention and Control
bill of 2002; and the Public Offices Code of Ethics bill of
2002. The Committee also recommends that the State party's
relevant ministries continue working with civil society, including
non-governmental organizations, in order to create an enabling
environment for legal reform, effective law enforcement and
legal literacy.
209. The Committee expresses concern about the persistence
of cultural practices and stereotypical attitudes with respect
to the role and responsibilities of women that undermine their
rights.
210. The Committee requests the State party to increase its
efforts to create awareness in society about the need to change
stereotypical attitudes and discriminatory behaviour towards
women and girls through, inter alia, specific programmes
directed at both women and men in this regard. The Committee
further encourages the media to project a positive image of
women and to promote the equal status of women and men in
both the public and private spheres. It 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.
211. The Committee expresses concern at the continued prevalence
of violence against women. It is particularly concerned about
domestic violence, sexual harassment in the workplace and
in institutions of learning, and other forms of sexual abuse
of women.
212. The Committee urges the State party to accord priority
attention to the adoption of comprehensive measures to address
violence against women and girls, taking into account its
general recommendation 19 on violence against women. The Committee
calls on the State party to enact or review, as appropriate,
legislation on all forms of violence against women, including
domestic violence, as well as legislation concerning all forms
of sexual harassment, in order to ensure that women and girls
who are victims of violence and sexual harassment have access
to protection and effective redress and that perpetrators
of such acts are prosecuted and punished. The Committee also
recommends gender-sensitive training for public officials,
particularly law enforcement personnel, the judiciary and
health services providers. It also recommends the establishment
of shelters and counselling services for victims of violence
and sexual harassment.
213. The Committee notes with concern that, despite the prohibition
of female genital mutilation by the State party, the practice
persists and is widely accepted in the country.
214. The Committee recommends that the State party develop
a plan of action, including a public-awareness campaign, targeted
at both women and men, with the support of civil society,
including non-governmental organizations, to eliminate the
practice of female genital mutilation and encourages the State
party to create an enabling environment for effective law
enforcement and to devise programmes for alternate sources
of income for those who perform female genital mutilation
as a means of livelihood.
217. The Committee expresses concern at the discriminatory
nature of Kenyan laws relating to citizenship and nationality.
218. The Committee urges the State party to reconcile Kenyan
citizenship laws with the provisions of the draft constitution
and article 9 of the Convention in order to eliminate all
provisions that discriminate against women in the area of
citizenship and nationality. It requests the State party to
report on the implementation of these measures in its next
periodic report.
219. The Committee expresses concern that, despite the laws
and sanctions in place, prostitution continues to thrive,
particularly in urban areas. The Committee is particularly
concerned about the lack of information on the extent of the
exploitation of prostitution and the lack of measures to combat
this, including the lack of adequate penalties for those who
exploit prostitutes.
220. The Committee requests the State party to study the
phenomenon of prostitution and to take appropriate measures
to combat the exploitation of prostitution in urban areas.
It recommends that a holistic approach be pursued in order
to facilitate the reintegration of prostitutes into Kenyan
society and urges the State party to provide rehabilitation
and other programmes to women exploited in prostitution. It
also recommends prosecution and punishment for those who profit
from the sexual exploitation of women and girls.
221. While noting the State party's commitment to combating
the spread of HIV/AIDS and the reduction in infection rates
from 14 per cent to 10.2 per cent in 2002, the Committee is
concerned at the lack of sex-disaggregated data on HIV/AIDS
and the absence of strategic measures for the care of women
and girls infected with and affected by HIV/AIDS.
222. 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. The Committee also emphasizes that the collection
of reliable data on HIV/AIDS is critical in order to understand
the impact of the pandemic on women and men.
223. Despite the State party's National Policy on Gender
and Development to implement existing land and inheritance
laws concerning women's rights in rural areas, the Committee
is concerned that discriminatory customs and traditional practices
remain prevalent in rural areas, thus preventing women from
inheriting or acquiring ownership of land.
224. 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 and marketing facilities. The Committee
also urges the State party to take appropriate measures to
eliminate all forms of discrimination with respect to ownership,
co-sharing and inheritance of land.
225. The Committee is concerned that the National Commission
on Gender and Development is lacking the means to effectively
coordinate among the different mechanisms related to gender;
and that the lack of a clear division of responsibilities
and insufficient budget allocations may have a negative bearing
on the effective implementation of the Convention.
226. The Committee recommends that the State party clearly
define the mandate and responsibilities of the different mechanisms
related to the advancement of women and gender equality and
allocate sufficient budgetary resources to them.
KUWAIT (2004)
Concluding Observations of the Committee on the
Elimination of Discrimination against Women: Kuwait, 15,22/2004,
CEDAW/C/2004/I/CRP.3/Add.4/Rev.1.
14. The Committee commends the progress made in reducing
the rate of female illiteracy in Kuwait . The Committee also
commends the high level of education attained by girls and
women in Kuwait and the high enrolment rates of girls and
women at all levels of education.
15. The Committee expresses concern at the reservations entered
by the State party to article 7 (a), article 9, paragraph
2, and article 16 (f) of the Convention. While welcoming the
State party's stated intention to introduce legislation during
the current legislative period that is expected to create
the conditions for the withdrawal of the reservation to article
7 (a), the Committee is concerned at the failure of the State
party to ensure that women have, on equal terms with men,
the right to vote in all elections and public referendums,
and to be eligible for election to all publicly elected bodies.
The Committee considers the lack of political rights of women
a very serious limitation of their rights, which also has
a significant negative impact on women's enjoyment of other
rights protected under the Convention.
16. The Committee calls upon the State party to take all
necessary steps, as a matter of utmost urgency, to introduce
and actively support the adoption of legislation to amend
the discriminatory provisions of the Electoral Law in line
with the constitutional guarantee of equality and in order
to ensure compliance with the Convention. The Committee encourages
the State party to expedite the necessary steps for the withdrawal
of its reservation to article 7 (a) of the Convention, which
it believes to be contrary to the object and purpose of the
Convention. In this regard, the Committee draws the State
party's attention to its general recommendation 23 on women
in political and public life. The Committee also calls upon
the State party to expedite the necessary steps for the withdrawal
of its reservations to article 9, paragraph 2, and article
16 (f) of the Convention. In this regard, the Committee draws
the State party's attention to its general recommendation
21 on equality in marriage and family relations. The Committee
requests the State party to provide, in its next report, comprehensive
information on the effect of its reservations on the implementation
of the provisions of the Convention and the situation of women
in Kuwait, and in this regard, draws attention to its statements
on reservations and its guidelines for the preparation of
reports.
17. The Committee is concerned that, although the Kuwaiti
Constitution embodies the principles of the Convention, there
is a lack of clarity as regards the primacy of the Convention
over conflicting or contradictory national laws, and the direct
applicability and enforceability of the Convention in Kuwaiti
courts.
18. The Committee requests the State party to ensure the
primacy, direct applicability and enforceability of the Convention
within the national legal framework of Kuwait. The Committee
recommends that the State party launch a comprehensive programme
of dissemination, education and training on the Convention,
in particular for Government officials and legislators, as
well as judicial officers, including law enforcement officials
and the judiciary, and for civil society and the public at
large with a view to ensuring that the provisions of the Convention
are known and implemented in Kuwait.
19. The Committee, while noting that general principles of
equality and non-discrimination are guaranteed in articles
7 and 29 of the Constitution and contained in domestic legislation,
is concerned at the lack of specific definitions of discrimination
against women, in national law, in accordance with article
1 of the Convention.
20. The Committee calls on the State party to take urgent
steps to incorporate the definition of discrimination against
women as contained in article 1 of the Convention in its national
legislation.
21. The Committee expresses concern at the continuing existence
of de jure discrimination against women in various laws, including
the Nationality Act, the Personal Status Act, the Civil Code
and the Private Sector Employment Act. In particular, the
Committee is concerned that the Nationality Act allows Kuwaiti
women to transfer their nationality to their children only
in specific circumstances, such as when the nationality of
the father is unknown, or if he is stateless or diseased,
or after an irrevocable divorce. The Committee is also concerned
that provisions in the Personal Status Act and the Civil Code
establish different rights and responsibilities for women
and men in issues related to marriage and family relations,
including in regard to minimum age of marriage for women and
men; divorce; and guardianship of children.
22. The Committee calls upon the State party to undertake
a comprehensive review of all existing laws , including the
Nationality Act, and to amend or repeal discriminatory provisions
so as to ensure compliance with the provisions of the Convention.
The Committee urges the State party to raise the minimum age
of marriage for women and men to 18 years, in line with the
Convention on the Elimination of All Forms of Discrimination
against Women and the Convention on the Rights of the Child.
23. While commending the progressive development of the national
machinery for the advancement of women in Kuwait, the Committee
is concerned at the lack of clarity regarding the mandate
and responsibilities of the existing institutions, particularly
with regard to coordination of gender equality initiatives
across all sectors of Government, and the human and financial
resources available to such institutions. The Committee is
also concerned at the lack of a comprehensive and coordinated
strategy to promote gender equality and to ensure integration
of gender perspectives at all levels and in all areas of legislative
and policy development.
24. The Committee requests that the State party clarify,
in its next report, the mandate and responsibilities of the
various components of the national machinery, coordination
among them, and the resources allocated to them. The Committee
urges the State party to ensure that the national machinery
involves more women at the decision-making level and is provided
with adequate visibility, power and resources to effectively
promote the advancement of women. The Committee also recommends
that the State party develop, adopt, and implement, at the
national level, a comprehensive and coordinated plan of action
to promote gender equality and to ensure gender mainstreaming
at all levels and in all areas.
25. The Committee is concerned about the persistence of traditional
stereotypes regarding the role and responsibilities of women
and men in the family and in society at large, and the reflection
of such stereotypes in legislation, policies and programmes.
26. The Committee urges the State party to design, implement
and strengthen comprehensive awareness-raising measures to
foster a better understanding of equality between women and
men, at all levels of society, with a view to eradicating
traditional stereotypes regarding the role and responsibilities
of women and men in the family and society. It also recommends
that the State party encourage the 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.
27. The Committee expresses its concern at the lack of diversified
employment opportunities for women despite the high level
of education attained by girls and women in all areas. The
Committee notes with concern that restrictions on women's
employment, as well as protective employment legislation,
policies and benefits for women, perpetuate traditional stereotypes
regarding women's roles and responsibilities in public life
and in the family.
28. The Committee urges the State party to increase its efforts
towards accelerating the achievement of de facto equal opportunities
for women and men in the area of employment through, inter
alia, the use of temporary special measures in accordance
with article 4, paragraph 1, of the Convention, and general
recommendation 25. The Committee recommends that measures
be taken to promote change concerning the stereotypical expectations
of women's roles and to promote the equal shar ing of domestic
and family responsibilities between women and men.
31. In view of the fact that the number of non-Kuwaiti nationals
exceeds the number of Kuwaiti citizens in Kuwait, the Committee
is concerned at the lack of information and statistical data
on the situation and legal status of non-Kuwaiti women, including
domestic migrant workers, particularly with regard to their
employment conditions and socio -economic benefits as well
as enjoyment of their rights to education and health.
32. The Committee requests the State party to provide, in
its next report, detailed information and statistical data
on the situation of non-Kuwaiti women, particularly in regard
to education, health and employment. The Committee also reques
ts information about availability of services and programmes
for protecting women domestic migrant workers from violence
and abuse and the availability of legal and administrative
remedies. The Committee also requests information on steps
taken to inform women migrant workers about the availability
of such services and remedies.
33. The Committee expresses concern at the lack of information
about the prevalence and forms of violence against women and
girls , including domestic violence, and about the programmes
and services available to victims of violence.
34. The Committee requests the State party to recognize that
violence against women constitutes a violation of the human
rights of women under the Convention. It urges the State party
to undertake the systematic collection of sex-disaggregated
data on all forms of violence against women, including domestic
violence, as well as research into the extent and root causes
of such violence, including against women migrant workers
and non-Kuwaiti women, and provi de such information in its
next report. In the light of general recommendation 19, the
Committee calls upon the State party to ensure that all forms
of violence against women and girls are prosecuted and punished
promptly and that victims have immediate means of redress
and protection. The Committee requests the State party to
take measures to fully sensitize public officials, especially
law enforcement officials, the judiciary and health-care providers,
and to train them to handle such situations adequately. The
Committee invites the State party to undertake awareness-raising
measures aimed at the public at large to make such violence
socially and morally unacceptable.
35. The Committee encourages the State party to enhance collaboration
and coordination wi th civil society organizations and in
particular, women's associations, to strengthen implementation
of the provisions of the Convention, and to engage in consultations
with such organizations when preparing its next report.
KYRGYZSTAN
(2004)
Concluding Observations of the Committee on the
Elimination of Discrimination against Women: Kyrgyzstan, 14/01/2004,
CEDAW/C/KGZ/2 and Add.1.
15. The Committee commends the State party for enacting
new laws in support of the goal of gender equality, including
the Law on the Basics of State Guarantees of Gender Equality,
which prohibits direct and indirect gender discrimination
and allows for the adoption of temporary special measures
to promote de facto equality between women and men; and the
law on social and legal protection against violence in the
family, which provides for temporary protection orders to
be issued for victims of family violence.
16. The Committee commends the State party for adopting a
range of plans and programmes to address discrimination against
women, including the National Plan of Action for Achieving
Gender Equality for the Period 2002-2006; and the Programme
of Measures to Combat the Illegal Export of and Trafficking
in Persons in the Kyrgyz Republic for 2002-2005. The Committee
also commends the adoption of the National Human Rights Programme
for the Period 2002-2010 and the establishment of the Human
Rights Representative (Ombudsman) of the Kyrgyz Republic,
which provides a mechanism for monitoring the observance of
human rights, including women's rights.
17. The Committee welcomes the initiative to open centres
for gender studies at higher educational institutions.
19. While noting that in accordance with the Constitution
of the Kyrgyz Republic, the Convention is an integral and
directly applicable part of Kyrgyz law, and that a number
of laws have been adopted to promote gender equality, the
Committee is concerned that women have seldom, if at all,
used the Convention or existing laws to challenge acts of
discrimination and that there is no record of court decisions
in which women have obtained redress for such acts.
20. The Committee urges the State party to ensure that Kyrgyz
law provides adequate, accessible and affordable enforcement
procedures and legal remedies for violation of women's human
rights. The Committee invites the State party to provide,
in its next report, detailed information about complaints
filed in courts on the basis of the Convention and the legal
provisions on gender equality, as well as any court decisions
that refer to the Convention and domestic legislation on gender
equality.
21. The Committee is concerned that the judiciary, law enforcement
personnel and women in general are not familiar with the Convention
or with existing laws to promote gender equality, including
the law on social and legal protection against violence in
the family, and the procedures for their application and enforcement.
22. The Committee urges the State party to introduce education
and training programmes on the Convention and on existing
laws to promote gender equality, in particular for the judiciary,
law enforcement personnel and parliamentarians. It recommends
that awareness-raising campaigns targeted at women be undertaken
to enhance women's awareness of their rights and to ensure
that women can avail themselves of procedures and remedies
for violations of their rights under the Convention and these
laws.
23. The Committee expresses concern about the situation of
women in the labour market, including the concentration of
women in traditional spheres of employment, in low-paying
jobs and in the informal sectors; the wage differentials between
women and men; women's rising unemployment rate; and the employment
of women in unfavourable working conditions.
24. The Committee urges the State party to ensure equal opportunities
for women and men in the labour market through, inter
alia, temporary special measures, in accordance with
article 4, paragraph 1, of the Convention. The Committee urges
the State party to intensify its efforts to ensure that all
employment-generation programmes are gender-sensitive and
that women can fully benefit from all programmes to support
entrepreneurship. It recommends that efforts be strengthened
to eliminate occupational segregation, both horizontal and
vertical; to narrow and close the wage gap between women and
men; and to ensure that both women and men work under proper
conditions of health and safety. It also recommends that effective
measures allowing for the reconciliation of family and job
responsibilities be strengthened and that further measures
to promote the sharing of domestic and family responsibilities
between women and men be undertaken.
25. The Committee is concerned about the status of women's
health and the deterioration of the health-care system. It
is concerned about the continuing high rates of maternal and
infant mortality, anaemia during pregnancy, the still high
number of abortions including among women under the age of
19, underweight girls, the increase in tuberculosis and sexually
transmitted diseases among women and the problem of alcoholism
and drug addiction among women. The Committee is concerned
about the lack of attention to the negative impact on women
of the reform of the health-care system, including with respect
to the decline in the quality and accessibility of medical
services and the closing down of medical institutions, where
a majority of workers were women.
26. The Committee recommends that, in accordance with general
recommendation 24 on women and health, the State party fully
implement a holistic, life -cycle approach to women's health.
It recommends that the State party strengthen measures to
reduce the maternal and infant mortality rates and to address
alcoholism and drug addiction among women as well as the spread
of tuberculosis and other diseases among women. It urges the
State party to reinforce programmes of sexual and reproductive
education for both girls and boys to foster responsible sexual
behaviour. The Committee urges the State party to maintain
access to affordable and adequate health care, to assess the
impact on women of the reform of the health-care system and
to take remedial action so as to ensure that the reform does
not disproportionately disadvantage women.
27. While recognizing the efforts made by the State party
to address the issue of trafficking in women and girls, including
amendments to the Criminal Code to include provisions on trafficking
in persons and the adoption of the Programme of Measures to
Combat the Illegal Export of and Trafficking in Persons in
the Kyrgyz Republic for 2002-2005, the Committee remains concerned
that the problem of trafficking in women in Kyrgyzstan continues
to be serious. The Committee is also concerned at the lack
of information on the exploitation of prostitution.
28. The Committee urges the State party to intensify its
efforts to combat trafficking in women and girls. It calls
on the State party to ensure that victims of trafficking have
adequate support and that they are not penalized. The Committee
recommends the strengthening of measures aimed at improving
the economic situation of women so as to eliminate their vulnerability
to traffickers. The Committee requests the State party to
provide in its next report information and data on trafficking
in women and girls and exploitation of prostitution, and on
the measures taken to combat the phenomena and their results.
29. Despite the enactment of the law on social and legal
protection from violence in the family and efforts to combat
domestic violence, the Committee is concerned at the continuing
hidden nature of domestic violence and the inadequate performance
of the police in dealing with the reporting from the victims.
The Committee also expresses concern about the lack of detailed
information on sexual violence against women, including sexual
harassment in the workplace.
30. The Committee recommends that an extensive, public awareness-raising
campaign against violence in the family be launched nationwide
and that strengthened training programmes for the police and
the judiciary be provided so as to ensure that the rights
of domestic violence victims are properly protected. The Committee
requests that detailed information on sexual violence, including
sexual harassment, and efforts to eliminate it be provided
in the next report.
31. The Committee is concerned about the increase in poverty
among women.
32. The Committee recommends that the State party closely
monitor the poverty situation of women and ensure that all
programmes aimed at poverty alleviation take full account
of the gender dimensions of poverty.
35. While noting the efforts of the State party to eliminate
gender role stereotyping, especially in the area of the media,
the Committee is concerned about the persistence of discriminatory
cultural practices and stereotypes relating to the roles and
responsibilities of women and men in all areas of life, and
the deep-rooted patriarchal attitudes, which undermine women's
social status and are an obstacle to the full implementation
of the Convention.
36. The Committee urges the State party to monitor carefully
the persistence of discriminatory cultural practices and stereotypes
and intensify its efforts to eliminate them. It urges the
State party to encourage men to share family responsibilities,
to direct its awareness-raising programmes to both women and
men, and to take action to change stereotypical attitudes
and perceptions as to men's and women's roles and responsibilities.
It recommends that the State party encourage the media to
promote a positive image of women and of the equal status
and responsibilities of women and men both in the private
and public spheres.
37. The Committee is concerned at the continued existence
of bride abduction and polygamy, despite the legal prohibition
of these practices.
38. The Committee recommends action without delay by the
State party to enforce its laws penalizing these practices.
The Committee also recommends that the State party take comprehensive
and effective measures, including the training of the judiciary
and law enforcement officials and public awareness-raising
campaigns, in order to eliminate these practices.
39. The Committee is concerned that provisions in the laws
on land and agrarian reform and in other laws as well as customs
and traditional practices regarding ownership, transfer and
inheritance of land discriminate against women and prevent
them from exercising their rights to land.
40. The Committee requests the State party to undertake a
study on women's de jure and de facto ownership and inheritance
of land and to report the results in its next periodic report.
The Committee urges the State party to take appropriate measures,
including review and amendment of legislation, awareness-raising
and adequate enforcement of the law, in order to eliminate
all forms of discrimination against women with respect to
ownership, transfer and inheritance of land.
41. The Committee is concerned that the law on nationality
precludes Kyrgyz women from passing their nationality on to
their children on the same basis as men.
42. The Committee urges the State party to take immediate
steps to amend the nationality law and bring it into conformity
with article 9 of the Convention.
(1999)
Concluding Observations of the Committee on
the Elimination of Discrimination against Women: Kyrgyzstan,
27/01/99, CEDAW/C/1999/I/L.1/Add.3.
29. The Committee is alarmed at the increase of all forms
of violence against women, including gang rape. The Committee
is also concerned that the emphasis of the initial report
is on sexual violence rather than gender-based violence as
an infringement of the right to personal security.
30. The Committee recommends that all forms of gender-based
violence be a focus of serious concern. It recommends the
enhancement of comprehensive measures to prevent violence
and to support women victims, including gender-sensitization
and the training of law enforcement officials. It recommends
the collection of comprehensive sex-disaggregated data and
information on the issue of violence against women. In the
light of the linkage of violence with poverty, the Committee
recommends the introduction of measures aimed at improving
the economic status of women, including retraining for income-generating
occupations.
31. The Committee recommends, in both urban and rural areas,
the expansion of the network of crisis centres and the establishment
of consultative services to provide necessary medical assistance
to women victims of violence.
32. The Committee is concerned about the increase in alcoholism
and drug addiction, to the extent that these are causes of
health problems, as well as violence against women everywhere.
34. The Committee is concerned that lesbianism is classified
as a sexual offence in the Penal Code.
35. The Committee recommends that lesbianism be reconceptualized
as a sexual orientation and that penalties for its practice
be abolished.
36. The Committee is concerned about the increase in prostitution
and the trafficking of women, which it views as being related
to poverty, lack of employment and the lack of adequate national
measures to suppress the growth of these practices.
37. The Committee recommends that increased efforts in cooperation
with other countries be taken to arrest and punish perpetrators
of trafficking. It also recommends that domestic measures
be launched to combat the negative effects of structural adjustment
programmes on women and to provide job opportunities and training
to vulnerable women.
43. The Committee is concerned at the situation of women's
health, in particular the increase in the incidence of maternal
mortality and morbidity, as well as the high rates of infant
mortality and use of abortion as a method of contraception.
44. The Committee recommends the introduction of comprehensive
family-planning programmes, based on the right to reproductive
choice, as well as measures to ensure that abortion is not
perceived as a method of contraception.
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