Concluding Observations of the Committee Against Torture

LATVIA (2004)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Latvia, 14, 19/07/2004, CEDAW/C/2004/II/CRP.3/Add.5/Rev.1.

14. The Committee welcomes progress in legislative reform, in particular the Labour Law (1 June 2002) which prohibits direct and indirect discrimination, and regulates job advertisements, job interviews and issues of equal remuneration and liability for gender-based discrimination, and the Law on Sexual and Reproductive Health of the Population (1 July 2002), under which information on family health and welfare and family planning is made available.

16. The Committee expresses concern that, while the Constitution includes the prohibition of discrimination and the principle of equality, neither the definition of "discrimination" in article 1 of the Convention nor the principle of the equality of men and women as set forth in article 2 (a) of the Convention has been included in the Constitution or other appropriate legislation.

17. The Committee recommends that a definition of "discrimination against women" in line with that set out in article 1 of the Convention and the principle of equality of men and women in line with article 2 (a) of the Convention be included in the Constitution or other appropriate domestic legislation, including the new anti-discrimination law.

18. Although international human rights treaties are directly applicable, the Committee is concerned that neither women in general, nor the judiciary or law enforcement personnel in particular, are sufficiently familiar with the Convention and the opportunities for its application by domestic courts.

19. The Committee calls upon the State party to take additional measures to disseminate information about the Convention and implement programmes for judges and lawyers that include the application of the Convention at the domestic level. It also recommends that sustained awareness-raising campaigns targeting women and non-governmental organizations working on women's issues be undertaken to encourage and equip women to avail themselves of procedures and remedies for violations of their rights under the Convention.

20. The Committee is concerned that the Department on Social Policy Development at the Ministry of Welfare lacks sufficient power, visibility and human and financial means to effectively coordinate among the different mechanisms related to gender issues, including the Working Party on the Coordination of Gender Equality, the Gender Equality Council and the Parliamentary Subcommission on Gender Equality. It is also concerned that the apparent weakness of the national machinery for gender equality and the lack of a clear division of responsibilities may have a negative impact on efforts at gender mainstreaming and on the effective implementation of the Convention.

21. The Committee recommends that the State party strengthen its national machinery for gender equality, clearly define the mandates and the responsibilities of the different mechanisms related to gender issues and the interaction among them, and allocate sufficient budgetary resources to them so as to ensure that they can fully and adequately perform all their functions.

22. The Committee is concerned at the lack of a comprehensive gender equality law. The Committee is furthermore concerned that the State party's apparent hesitation in utilizing temporary special measures in accordance with article 4, paragraph 1, of the Convention may indicate a lack of understanding of the purpose of such measures and the reasons for their application.

23. The Committee recommends that the State party adopt a comprehensive gender equality law. It furthermore re commends that the State party clearly distinguish between general social policies adopted to improve the situation of women and girls, such as the Programme for the Implementation of Gender Equality, and temporary special measures taken under article 4, paragraph 1, of the Convention to accelerate the achievement of a concrete goal for women of de facto equality, in line with general recommendation 25, in various areas of their lives.

24. The Committee is concerned about the persistence of patriarchal attitudes and traditional stereotypes regarding the role of men and women in the family and in society at large. It is also concerned that efforts to eradicate negative stereotypes are not comprehensive and ongoing.

25. The Committee recommends that the State party intensify its efforts, inter alia, by strengthening specific programmes directed at both women and men and at the media, to change stereotypic 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.

26. The Committee regrets the lack of sufficient data and information with regard to the prevalence of violence against women, including domestic violence, and the lack of comprehensive legislation on violence against women. It is concerned that this may indicate that violence against women, particularly domestic violence, continues to be considered a private matter between the perpetrator and the victim. The Committee is concerned that marital rape is not a separate offence in the criminal code and that there are no available data on this form of domestic violence.

27. The Committee urges the State party to strengthen its system of data collection disaggregated by sex and information on the nature and scope o f violence against women, including within the family, and to include this information in its next periodic report. In the light of its general recommendation 19, 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. The Committee calls upon the State party to adopt legislation on domestic violence and to ensure that violence against women is prosecuted and punished. Women victims of violence should have immediate means of redress and protection, including protection or restraining orders and access to legal aid. The Committee recommends that measures be taken to provide sufficient numbers of shelters for women victims of violence and to ensure that public officials, especially law enforcement officials, the judiciary, health care providers and social workers, are fully sensitized to all forms of violence against women and can adequately respond to them. The Committee urges the State party to criminalize marital rape as a separate offence, prosecute offenders and provide data on this form of domestic violence in its next periodic report.

28. While recognizing the legislative and other measures, including the adoption of the National Action Plan to Combat Trafficking in Persons of 2002, that have been taken to address the issue of trafficking in women and girls, including the establishment of a special police unit and the strengthening of international cooperation and the promotion of awareness -raising events, the Committee is concerned at the increase in trafficking in women and girls. It regrets that insufficient information is given as to the actual size of the problem.

29. The Committee recommends the full implementation and funding of a national strategy to combat trafficking in women and girls, which should include the prosecution and punishment of offenders. The Committee al so encourages the State party to pursue increased international, regional and bilateral cooperation with other countries of origin, transit and destination for trafficked women and girls. It recommends that the State party address the causes of trafficking and introduce measures aimed at improving the economic situation of women so as to eliminate their vulnerability to traffickers, education initiatives and social support, and rehabilitation and reintegration measures for women and girls who have been victims of trafficking, including special shelters for women victims of trafficking. The Committee further urges the State party to make the issue of trafficking in women and girls a high priority and to include in its next report comprehensive information and data on the issue and on the impact of measures taken.

30. The Committee is concerned about the lack of sufficient information and data on prostitution in Latvia. Moreover, the Committee is concerned about the involvement of under-age girls in prostitutio n, and the high demand for under-age prostitutes, as well as the reported insufficient rehabilitation and social integration services available to them.

31. The Committee calls on the State party to take all appropriate measures to suppress exploitation of prostitution of women, including discouraging the demand for prostitution. The Committee calls upon the State party to ensure that under-age girl prostitutes are offered the support they need to be rehabilitated and reintegrated into society. The Committee also urges the development of programmes of action and the adoption of all appropriate measures to create educational and employment opportunities for young girls at risk of entering prostitution, and to combat and eradicate the exploitation of these young girls, including the prosecution of, and strong penalties for, those who exploit them.

34. The Committee is concerned about the limited efforts of the State party to involve women's non -governmental organizations in the preparation of the report. It is also concerned about a lack of transparency guiding interaction between the State party and non -governmental organizations as service providers, inter alia, with respect to funding of such services.

35. The Committee recommends that the State party engage in a broader consultative process with women's non-governmental organizations, including organizations that represent minority women, when preparing its next periodic report. It also recommends that the State party develop widely accessible regulations on funding of women's non-governmental organizations as service providers, and apply the regulations with transparency.

36. The Committee is concerned about gender stereotyping in textbooks and other teaching materials. The Committee also regrets that insufficient data disaggregated by sex have been provided with regard to the choices that both sexes make regarding vocational, scientific and technical training and higher education.

37. The Committee recommends that the State party strengthen its efforts to eliminate gender stereotyping and encourage diversification of the educational choices of boys and girls through counselling. The Committee also requests that data disaggregated by sex with regard to educational choices be provided in the next periodic report.

38. The Committee notes with concern that, despite law reform in the field of employment, the position of women in the labour market remains disadvantaged and is characterized by strong occupation al segregation, a substantial wage gap, inter alia, between rural and urban areas, higher unemployment than that among men, and hidden gender discrimination in the workplace and in remuneration.

39. The Committee recommends that efforts be made to eliminate occupational segregation and to ensure equal opportunities for women and men in the labour market in rural as well as in urban areas through, inter alia, the use of gender bias -free job evaluation and wage-setting schemes and temporary special measures in accordance with article 4, paragraph 1, of the Convention. The Committee recommends that the State party design and implement special training and retraining programmes for different groups of unemployed women. It also recommends that effective measures allowing for the reconciliation of family and professional responsibilities be strengthened and that the sharing of domestic and family responsibilities between women and men be promoted. The Committee further requests the State party to include data and information on women in decision-making positions in both private and public companies.

40. While noting a steady decrease in the number of abortions, the Committee is concerned that the abortion rate remains high.

41. The Committee recommends that further measures be taken to guarantee effective access of women to health -care information and services, particularly regarding sexual and reproductive health, in order to prevent recourse to abortion and protect women from its negative health effects. It further recommends that programmes and policies be adopted to increase the knowledge of and access to contraceptive methods with the understanding that family planning is the responsibility of both partners.

42. The Committee is concerned at the spread of HIV/A IDS, the increase in the infection rates of women and the absence of a strategic national plan to address the issue of HIV/AIDS and how it affects women.

43. The Committee urges the State party to take comprehensive measures to combat the spread of HIV/AIDS, 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 recommends that sex education, particularly targeting adolescents, be mad e widely available, with special attention to the prevention and further control of HIV/AIDS.

44. The Committee is concerned about the complete lack of information in the report about the situation of minority women, particularly from the Russian - speaking minority, and on that of older women.

45. The Committee calls upon the State party to provide, in its next periodic report, a comprehensive picture of the situation of minority women, including data disaggregated by sex and nationality, in the areas of health, education and employment and citizenship. It also requests comprehensive information on older women's health and economic situation.

LIBYAN ARAB JAMAHIRIYA (1994)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Libyan Arab Jamahiriya, 12/04/94, A/49/38, paras. 126-185.

149. Considering that prostitution was a widespread phenomenon, members sought more information on the de facto situation and the exploitation of women by way of prostitution, and asked for relevant statistical data. Concerning law 70 of 1973, it was asked whether the sanction under Article 407 applied to the prostitute or to the client, what the criteria were for an "indecent act" under Article 408, whether male prostitutes were put under the same sanctions as female prostitutes and what the sanctions for offences under Articles 415 and 416 were.

150. The representative replied that since traffic in women and forced prostitution were punishable crimes, no policy measures regarding prostitution existed.

151. In additional observations, members requested clarification of the rights of prostitutes who were also women and, as such, should be covered by the Convention.

153. Members inquired why sanctions against prostitution were linked to those against adultery. The representative explained there was no discrimination in the punishment for adultery, whether committed by men or women.

154. Addressing questions regarding artificial insemination the representative apologized for the mistake of including the issue under Article 6 and said that artificial insemination was permissible only between husband and wife and that it required the consent of both.

166. Questions under this Article referred to the greater number of men than women living in the Libyan Arab Jamahiriya and whether that was the result of the higher mortality rate of women; the issue of teenage pregnancies in the light of the health risks involved and their consequences for women's advancement; the position of disabled women and the reasons for the rule that the husband's approval was necessary in cases of family planning.

167. Members noted that the large number of nurses confirmed that women mostly took up traditional feminine careers and they requested statistics on the incidence of HIV/AIDS and information on policies and measures to prevent that disease.

180. The Committee noted with concern a contradiction in the State party's report. While the State party was on the one hand introducing revolutionary measures for the emancipation of women, it was on the other hand emphasizing their role as mothers and housewives, thus reinforcing what was already stiff cultural resistance to substantial change.

183. The Committee recommended that the State party take all the necessary measures to reconsider the general reservation entered on its ratification of the Convention.

LIECHTENSTEIN (1999)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Liechtenstein, 01/02/99, CEDAW/C/1999/I/L.1/Add.4.

27. The Committee notes the high numbers of children born outside wedlock. It recommends the development of studies and indicators to determine the impact of laws and policies on women since linkages between the strict anti-abortion law and the high incidence of children born out of wedlock might be revealed. The Committee urges the Government to institute measures to protect single mothers from the financial and social risks of poverty.

28. The Committee requests the Government of Liechtenstein to provide information addressing the concerns raised in these concluding comments in its next periodic report required under Article 18 of the Convention.

LITHUANIA (2000)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Lithuania, 16/06/2000, A/55/38, paras. 118-165.

138. The Committee is concerned about the persistence of traditional stereotypes regarding the role of men and women in the family, in employment and in society. The Committee is also concerned about the lack of targeted educational programmes, mass media campaigns and temporary special measures in education, employment and politics to eliminate these stereotypes. It is also concerned that provisions in the current draft Code of Advertising Ethics may not be sufficient to address advertisements that utilize and support traditional sex-role stereotypes.

139. The Committee urges the Government to design and implement comprehensive programmes in education and the mass media in order to promote roles and tasks of women and men in all sectors of society. It also recommends that the draft Code of Advertising Ethics be amended in order to cover not only the prohibition of the promotion of discrimination against women and men, or of the alleged superiority of one sex over the other, but also of the more subtle utilization of and support for traditional role stereotypes in the family, in employment and in society.

140. The Committee is concerned that a clear understanding of temporary special measures according to article 4, paragraph 1, of the Convention and the Lithuanian Law on Equal Opportunities, as well as the reason for their application, seems to be lacking in large parts of Lithuanian society and in the government bureaucracy.

141. The Committee recommends that the Government raise public awareness about the importance of such measures and programmes by pointing to the positive example of Vilnius University and encourage similar programmes in various areas, especially that of political decision-making. The Committee also recommends that the Government introduce such special provisions in the educational field, including admission to disciplines in which one sex is under-represented, in government commissions and in public administration. Such provisions should be designed with measurable goals or quotas and time lines in order to accelerate the achievement of de facto equality between women and men in those areas.

142. The Committee is concerned about the situation of women in the labour market, and in particular about the fact that the official unemployment statistics do not take account of the hidden unemployment of women or of their informal employment and underemployment. While the official overall unemployment rate of women is slightly lower than that of men, such general statistics hide the fact that there tends to be a higher number of women among the long-term and the higher-educated unemployed, and in the older age groups that more women than men are unemployed.

143. The Committee requests the Government to include precise information and data in its next periodic report on women's unemployment rates differentiated according to age groups and educational and professional levels, as well as on their representation in the various training programmes. It further recommends that the Government design and implement specific targeted programmes for different groups of unemployed women, addressing their training needs in different employment areas with a view to future-oriented jobs. It also recommends the monitoring of the increasing number of women's businesses in regard to their viability.

144. The Committee also notes with concern that the position of women in the labour market is characterized by discrimination, in particular of women with children, and by a strong occupational segregation with a concomitant wage differential. The Committee is also concerned that there may be hidden discrimination against women in the training programmes offered by the Labour Exchange Offices.

145. The Committee recommends that efforts be made to eliminate occupational segregation through efforts in education, training and retraining. There should be additional wage increases in female-dominated sectors of public employment to decrease the wage differential in comparison with male-dominated sectors.

146. The Committee is concerned at the increase of poverty among various groups of women, in particular of female-headed households.

147. The Committee recommends that the Government closely monitor the poverty situation of women of various groups, including those of various ages, and implement effective poverty alleviation programmes.

148. The Committee is concerned that the existing national mechanisms do not have sufficient capacity or funding to promote effectively the advancement of women and gender equality.

149. The Committee requests the Government to consolidate and strengthen the existing governmental national mechanisms for women, including through the provision of financial and human resources to carry out effectively their mandates. It further recommends that the Government continually review the budgetary needs of the Office of the Equal Opportunities Ombudsman.

150. The Committee expresses its concern about violence against women, especially domestic violence.

151. The Committee urges the Government to amend article 118 of the Criminal Code in order explicitly to define rape as sexual intercourse without consent. The Committee also urges the Government to continue to pay serious attention to domestic violence against women, including through ongoing training of police officials, future lawyers and judges and through easy access to courts by the victims of domestic violence. 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 and shelters.

152. The Committee recognizes the efforts made by the Government in addressing the issue of trafficking in women and girls, but notes with concern that the size of the problem is not reflected in the information provided in the report. The Committee draws attention to article 6 of the Convention, and in this regard notes that criminal penalties imposed only on prostitutes entrench sexual exploitation of women.

153. The Committee requests the Government to include in its next periodic report detailed information on the impact and results of the intended legal changes regarding prostitution, as well as of the intended National Programme on Control and Prevention of Prostitution and Trafficking. It also recommends that the Government increase its collaboration with other countries of origin, transit and destination of trafficked women and girls and to report on the results of such collaboration. It further recommends the creation of reintegration programmes for victims of prostitution and trafficking in cooperation with non-governmental organizations.

158. The Committee is concerned that the Government has not addressed the health needs of Lithuanian women by taking into account the life-cycle approach recommended by the Beijing Platform for Action and as stated in the Committee's general recommendation 24 on article 12, relating to women and health. The Committee also notes with concern the high rate of abortion among women and a lack of access to various methods of family planning, including contraceptives, especially among women in rural areas. The Committee is concerned with the increase of tuberculosis and mental diseases among women, as well as with the high rate of anaemia among pregnant women.

159. The Committee recommends that the Government fully implement a life-cycle approach to women's health. It further recommends comprehensive research into the specific health needs of women, the financial and organizational strengthening of family planning programmes and the provision of wide access to contraceptives for all women, including rural women. The Committee urges the Government to introduce programmes of sexual and reproductive education for both girls and boys as a regular part of the school curriculum.

160. The Committee expresses its concern with the fact that the Government does not have enough information on the situation of rural women, especially older rural women, as concerns their cash income, health situation, access to free health care services and social and cultural opportunities.

161. The Committee requests the Government to provide more information and data on the situation of rural women in its next periodic report. The Committee recommends that the Government monitor existing programmes and develop additional policies and programmes aimed at the economic empowerment of rural women, ensuring their access to productive resources and capital as well as to health care services and to social and cultural opportunities.

162. The Committee is concerned with the situation of older women, who constitute a large proportion of the population. The Committee recommends that the Government design and implement gender-sensitive policies and programmes that address the specific needs of older women. It also recommends that social workers be provided with gender-sensitive education and training in order to be able to recognize and meet those needs.

LUXEMBOURG
(2003)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Luxembourg, 22/01/2003, A/58/38 (paras. 290-324).

295. The Committee commends the State party for adopting new laws in support of the goal of gender equality: the law on pensions, which plays a key role in preventing poverty among older people, particularly women; the law with respect to the burden of proof in cases of discrimination on the basis of sex; the law concerning protection for workers who are pregnant, have recently given birth or are breastfeeding; and the law on protection from sexual harassment in the workforce.

296. The Committee welcomes the increase in women's participation in the workforce.

297. The Committee welcomes the support for enterprises that have adopted special measures to increase women's participation in the workforce, including the obligation to negotiate equality plans and create equality delegates in private enterprises.

298. The Committee welcomes the fact that the number of men taking parental leave has increased, indicating a heightened awareness of shared parental responsibility.

299. The Committee commends the State party for the integration of gender perspectives in its development cooperation projects.

300. While welcoming the positive developments with regard to the ongoing process of amending the Constitution in order to integrate the principle of equality between women and men and to allow for the withdrawal of the reservation to the Convention with regard to article 7 as well as the draft law related to the withdrawal of the reservation to article 16 of the Convention, the Committee remains concerned that these processes have not yet been concluded.

301. The Committee calls upon the State party to accelerate the process of revising the Constitution to integrate the principle of equality between women and men and to withdraw the reservation to article 7 of the Convention, and to adopt the draft law which will allow for the withdrawal of the reservation to article 16 of the Convention.

302. The Committee expresses concern that there is no definition of discrimination on the basis of sex as stipulated in article 1 of the Convention within the legal framework of the State party despite the State party's commitment to promote equality between women and men.

303. The Committee calls upon the State party to make the necessary legislative changes to integrate the concept of discrimination on the basis of sex within its legal framework with a view to eliminating such discrimination.

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

305. The Committee urges the State party to place emphasis on the Convention as a legally binding human rights instrument and to view the Platform for Action as a programmatic policy framework in its efforts to achieve the goals of equality. It also urges the State party to take proactive measures to raise awareness about the Convention, in particular among parliamentarians, the judiciary and the legal profession.

306. With regard to combatting domestic violence, the Committee welcomes the bill that has been presented to the Chamber of Deputies, but is concerned that adoption of the bill has been delayed.

307. The Committee encourages the State party to take all necessary measures to adopt the law on domestic violence in conformity with the Committee's General Recommendation 19 to prevent violence, punish and rehabilitate offenders and provide services for victims.

308. While noting the efforts undertaken to eliminate stereotypical attitudes towards the roles of women and men in the family and all sectors of society, the Committee is concerned about the persistence of stereotypical attitudes towards women, which threaten to impede women's enjoyment of their rights.

309. The Committee calls upon the State party to take additional measures to eliminate stereotypical attitudes about the roles and responsibilities of women and men, including through awareness-raising and educational campaigns directed at both women and men and at the media. It also calls upon the State party to assess the impact of such measures in order to identify shortcomings and to adjust and improve such measures accordingly.

312. The Committee notes with concern that the State party has not developed comprehensive policies to combat trafficking in women and girls.

313. The Committee recommends that the State party develop comprehensive policies and programmes to combat trafficking in women and girls, including measures to prevent trafficking in women and girls, the collection of data, the provision of services for trafficked women and girls and measures to penalize those who are involved in such trafficking.

314. The Committee is concerned about ongoing discrepancies in salaries and wages between women and men for work of equal value.

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

316. The Committee, while recognizing the adoption of a wide range of gender equality policies, particularly in relation to employment issues, is concerned that a certain number of those policies have yet to be implemented or evaluated.

317. The Committee urges the State party to implement all policies that have been formulated and to make an assessment of the measures already implemented with a view to future improvements.

318. The Committee reiterates its concern expressed after considering the third periodic report with regard to the law on the waiting period of 300 days before a widow or divorced woman can remarry.

319. The Committee urges the State party to take measures to amend that discriminatory legislation without delay.

320. The Committee is concerned about the lack of information in the fourth periodic report with regard to a number of issues as well as the lack of statistical data disaggregated by sex in certain areas.

321. The Committee requests that the State party provide more information in the next periodic report in the following areas: measures taken to promote women's health, particularly with regard to the prevention of HIV/AIDS; measures taken in support of older women and of disabled women; and statistical data, particularly with regard to violence against women, including domestic violence and trafficking in women.

(1997)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Luxembourg, 14/07/97, A/52/38/Rev.1, Part II, paras. 184-227.

203. The Committee expressed concern at the lack of sex disaggregated statistical information in the fields of labour, health, prostitution and rural women. It noted that that impeded assessment of the progress in the implementation of the Convention over time.

207. The Committee noted with concern the high level of violence against women, in particular domestic violence, and regretted the delay in adoption of a law on sexual harassment.

208. The Committee was concerned at the existing national provisions concerning the implementation of Article 6 of the Convention, in particular the lack of effective measures for the protection and rehabilitation of women prostitutes.

209. The Committee was also concerned by the lack of gender analysis of women's health needs, in particular in relation to their reproductive rights.

210. The Committee was deeply concerned at the existing legislation on abortion, which penalized women. It noted that, at the same time, no sufficient mechanisms to prevent abortion, including free distribution of contraceptives, were in place.

220. In the field of violence against women, the Committee recalled its general recommendation 19 (eleventh session), on violence, and suggested that the Ministry take all appropriate measures, including legislation, to combat the sexual abuse of women, in particular within the family, so as to ensure effective protection of women against domestic and other forms of violence.

221. The Committee emphasized the need for the adoption of effective measures to prevent abortion and for a review of the social insurance benefits system so as to allow women to have access to free contraceptive methods.

222. The Committee recommended that an analysis of women's health needs be undertaken and that awareness-raising campaigns on mammography continue so as to ensure that more women made use of that service.

225. The Committee encouraged the State party to pursue and develop further its policy of disseminating information and increasing awareness of the Convention. It recommended the integration of the provisions of the Convention and women's rights into the training curricula of professional groups, such as teachers, law enforcement and correctional officers, judges, social workers and health personnel, who deal with women.

MADAGASCAR (1994)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Madagascar, 12/04/94, A/49/38, paras. 186-244.

205. The attention of the Government was drawn to the Committee's general recommendation 19 on violence against women, and information was requested on whether women and women prostitutes had the same rights to protection against violence as other women and access to health services and HIV/AIDS programmes. In reply, the representative stated that prostitution was generally disapproved of but that the society was flexible in condemning women because of the existing poverty and the need to survive. Violence was considered a breach of the law whether it involved prostitutes or other women, but had degrees of seriousness that were penalized appropriately, ranging from fines to imprisonment.

215. The representative indicated that there was also equality between men and women in health issues but an increase in maternal mortality had been noted in recent years.

216. Members of the Committee were concerned by the situation of rural women and their access to health, and questioned the method used for family planning and the high level of women's mortality. The representative stated that both men and women enjoyed the same rights concerning health. Nevertheless, two factors affected women's health: insufficient medical assistance and family planning. Those factors had thus determined the objectives of the national policy on population.

217. In answering a question whether there were special programmes for women's health, the representative stated that there were some programmes, such as that relating to breast cancer, and that HIV/AIDS was not a major problem in the country. In response to a question on female circumcision, she said that it was not practised.

218. The Committee requested an assessment of the results of the implementation of health policies in effect and how they influenced young people, the use of contraceptives by women and the involvement of non-governmental organizations in those programmes. The Committee also expressed interest in legal literacy to enable women to defend their own rights.

224. The representative provided additional information, stating that married women could retain their maiden names even in the context of their traditions. With respect to any apparent differences between men and women, when adultery was committed by a wife it was considered a major offence, while in the case of the husband it was regarded as a simple offence with minor penalties. She expressed disapproval in that regard, and indicated that women were working together to tackle that point in the National Assembly. In order for women to enjoy peace, equality and development, they needed to win their rights.

240. The two unequal laws on adultery should be abolished. Those laws were very discriminatory. The law on inheritance also needed urgent review to ensure that a woman's right to inherit was equal to that of a man.

241. The widespread practice of customary marriage might put women and children into a vulnerable situation and the next report should indicate how legal provisions were applied in situations to safeguard the rights of the wife and children.

242. The Government of Madagascar needed to improve the health services in general and particularly for women because improved health status of women invariably improved the overall development of any country.

243. The next report should indicate what effective measures were being taken by the Government to counter the alarming situation in women's health. It should also provide more information on violence against women, especially on women engaged in prostitution, and their health status.

244. The health situation in Madagascar was deteriorating despite the fact that free health services were available to all. A rising child and maternal mortality rate and declining life expectancy was totally unacceptable if any meaningful benefit was to be derived from the ratification of the Convention. A very high death rate of women due to abortion was also a matter of great concern.

MALDIVES (2001)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Maldives, 02/02/2001, A/56/38, paras. 114-146.

132. The Committee expresses its regret that there is an absence of an effective machinery to enforce the rights recognized by the Constitution and to claim remedies. The Committee expresses its concern that the constitutional provisions on fundamental rights do not include non-discrimination on the ground of sex.

133. The Committee urges the Government to incorporate in the Constitution a provision against sexual discrimination and to provide for the effective enforcement of fundamental rights.

136. The Committee notes with concern that early marriage and domestic responsibilities contribute to high dropout rates for girls. The Committee urges the Government to introduce minimum age of marriage laws and other programmes to prevent early marriage, in line with the obligations of the Convention.

137. The Committee notes with concern the under-reporting of violence against women, including domestic violence, and the absence of effective laws and law enforcement and a support system for women who are victims of violence. It expresses particular concern that violence against women is understood in the community and in the legal system to be a private matter rather than an infringement of human rights and a violation of the Convention.

138. The Committee urges the Government to improve law-enforcement measures, enact laws on domestic violence, including domestic violence and marital rape, in accordance with general recommendation 19, on violence against women,5 and work with women's groups to obtain reliable data and provide relief to victims of violence. The Committee requests the Government to respond to this issue in national plans, based on the Beijing Platform for Action and the Commonwealth Plan of Action on Gender and Development. It calls upon the Government to create public awareness on violence against women as an infringement of human rights that has grave social costs for the whole community.

139. The Committee expresses its concern that family laws discriminate against women and notes with concern the high divorce rates, which have an adverse impact on women and children.

140. The Committee urges the Government to enforce the new family law, which tries to address this problem, and to continue its efforts to reform all areas of family law so as to protect the human rights of women.

141. The Committee calls upon the Government to obtain information on comparative jurisprudence seeking to interpret Islamic law in harmony with international human rights standards and the Beijing Platform for Action.

142. The Committee notes with concern that the health and nutrition of girls suffer after puberty and that maternal mortality and morbidity rates and the mortality rate of girls under the age of 5 years remain at unsatisfactory levels. The Committee is also concerned that patriarchal and stereotypical attitudes have a negative impact on women's health and nutrition.

143. The Committee calls upon the Government to obtain information on the causes of maternal mortality, malnutrition and morbidity and the mortality rate of girls under the age of 5 years, and to develop programmes to address those problems.

MALTA (2004)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Malta, 13,19/07/2004, CEDAW/C/2004/II/CRP.3/Add.7/Rev.1.

12. The Committee notes with appreciation the extensive legal reform undertaken since the ratification of the Convention, including the Constitution and laws in the areas of women's legal status in the family, citizenship, employment, income tax, social security and sexual harassment. It particularly welcomes the adoption of the Code of Ethics for Public Officials (1994) and the passage of the Equality for Men and Women Act of 2003.

13. It commends the State party's holistic efforts, since the adoption of the Beijing Platform for Action, to mainstream gender into all activities of governmental departments, including the notion of accountability of high-level public officials for its implementation. It also notes with appreciation the establishment of its national machinery, including the newly created National Commission for the Promotion of Equality for Men and Women.

14. The Committee commends the State party for the creation of the Office of the Ombudsman whose mandate includes the consideration of complaints concerning discrimination on the grounds of sex.

15. The Committee commends the State party for its extensive social measures, particularly its strong support for the reconciliation of work and family responsibilities of women and men, inter alia, through State kindergartens that are free of charge for children between the ages of 3 and 5.

16. The Committee welcomes the State party's efforts in creating awareness on domestic violence and commends the establishment of the Domestic Violence Units, which provide support to victims of domestic violence.

18. While noting that the Constitution and other domestic legislation stipulate equality between women and men and non -discrimination on the grounds of sex, the Committee is concerned that the comprehensive approach of the Convention covering all forms of discrimination in all fields has not been incorporated into domestic laws and thus is not directly applicable.

19. The Committee urges the State party to take all necessary action to ensure that the provisions of the Convention are fully incorporated into domestic law. In order to ensure wide understanding and implementation of the Convention, the Committee recommends that the State party consider making the text of the Convention available in both Maltese and English. It also recommends that the State party continue to organize information and awareness-raising campaigns on a regular basis on the content of and obligations resulting from the Convention and the general recommendations of the Committee, with particular focus on the role of legislators, policy makers, senior public officials, the judiciary, and the legal profession, in the implementation of the Convention. It also recommends that the impact of such campaigns be evaluated at regular intervals.

20. While commending the State party for the legal reforms undertaken since the ratification of the Convention, the Committee is concerned about the reservations to article 11, paragraph 1, articles 13 and 15, and article 16, paragraph 1 (e), of the Convention.

21. The Committee urges the State party to review its reservations and to expedite taking the necessary steps for their withdrawal especially since, in the light of new legislation and the general interpretation of the Convention, they may no longer be necessary.

22. The Committee is concerned that the regulation requiring the Direct or of Social Security to determine the head of household may result in unintentional discrimination against women and may contradict civil law that gives parental authority to both parents.

23. The Committee calls upon the State party to revisit this regulation, including the criteria on the basis of which the Director of Social Security determines the head of household, and to provide data in its next report on the percentage of married women who are the head of household.

24. While the Committee appreciates the work undertaken by the various components of the national machinery for gender equality, it does not have a clear picture whether the existing human and financial resources are sufficient to enable the national machinery to fully comply with its mandate and objectives.

25. The Committee calls upon the State party to provide, in its next report, detailed information on the results of the work undertaken by the national machinery for gender equality, including its role in mainstreaming gender perspectives into laws, and into programmes and policies of individual ministries, departments and public entities, on the results of the Strategic Policy Direction 2004-2006 and on the impact of the work of the National Commission for the Promotion of Equality for Men and Women on the nondiscrimination of women.

26. The Committee is concerned about the persistence of entrenched traditional stereotypes regarding the role and responsibilities of women and men in the family and society which, despite women's generally high level of education, negatively affect the full enjoyment of their rights and impede the full implementation of the Convention. Such stereotypes are reflected, inter alia, in women's low representation in the labour force, in their low participation in political and public life, and in the non -recognition of household work and volunteering in the national account statistics and in women's pension entitlements and social benefits.

27. The Committee strongly recommends the organization of awareness - raising campaigns, on the basis of the Convention and the Committee's general recommendations, at regular intervals to foster a better understanding at all levels of society of the equal status and joint responsibilities of women and men in the family and in family care. These campaigns should be targeted at teachers in all educational establishments at all levels, marriage counsellors, the police force, social and health workers and church authorities, and the impact of such campaigns should be evaluated. It also recommends that the media be encouraged to project positive images of women and men in non - traditional activities. It further encourages the State party to begin assessing the unpaid work done by women in the family in order to recognize such work in national account statistics and in pension entitlements and social benefits.

30. The Committee is concerned that women are severely underrepresented in the labour market in general and in senior and decision -making positions in particular. Furthermore, the Committee notes with concern the strong occupational segregation, both horizontal and vertical, the concentration of women in part -time jobs, and the persistent wage gap between women and men. The Committee is also concerned about the lack of information on women working part -time for less than 20 hours, who seem to be less protected and seem to have access to fewer entitlements.

31. The Committee urges the State party to ensure that women have de facto equal opportunities in the labour market. Efforts should be made to eliminate occupational segregation in the public and private sectors through skills training and encouraging women to work in non-traditional fields and by the utilization of temporary special measures in accordance with article 4, paragraph 1, of the Convention and the Committee's general recommendation 25. The Committee further requests the State party to address the wage gap, inter alia, through job evaluation systems. Information should be provided in the next report on the percentage of women working part -time for less than 20 hours and on their legal protection and entitlement to social benefits.

32. Noting that a significant number of women drop out of the labour market by age 25, the Committee is concerned about the lack of information regarding the number of women who want to re-enter the labour market at a later stage in their lives as well as about the apparent lack of overall labour market policies for these women.

33. The Committee recommends that the State party conduct thorough research on the current and future potential of women wanting to re-enter the labour market and to design, based on such research, a comprehensive policy for counselling, training and retraining these women aimed at reintegrating them into the labour market.

34. Given the low representation of women in the labour force, the Committee is concerned about the lack of information regarding the availability of childcare facilities for children under age 3 as well as information concerning the percentage of children aged 3 years or over attending kindergarten, and on whether the available facilities meet the needs of working parents. The Committee also lacks information on the implementation of plans for after-school care. The Committee is further concerned about the apparently insufficient opportunities for parents employed in the private sector to balance their employment and family responsibilities.

35. The Committee urges the State party to provide more information in its next report on overall policies to assist parents in the reconciliation of family and work responsibilities through childcare facilities for children of all ages, and their implementation. The Committee further requests information on the situation of parents working in the private sector, as well as on the State party's plans to encourage the private sector to introduce measures supporting women and men in better balancing their employment and family responsibilities.

36. The Committee notes with concern that the Domestic Violence Bill has been under discussion since March 2000. The Committee is also concerned that, under the Criminal Code, the crime of rape must be associated with violenc e and that rape as well as violent assault is considered in the Criminal Code under the title "Of rimes against the Peace and Honour of Families and against Morals".

37. In light of its general recommendation 19, the Committee urges the State party to give high priority to the adoption of the pending legislation on domestic violence, which is a form of discrimination against women and a violation of their human rights. The Committee calls upon the State party to define the crimes of rape and violent assaul t as crimes against the physical and mental integrity of women and as a form of discrimination that seriously inhibits women's ability to enjoy their human rights and fundamental freedoms on a basis of equality with men.

38. The Committee is concerned abou t the paucity of data with regard to trafficking in women and girls and of any information on the State party's strategies for combating trafficking.

39. The State party is encouraged to provide, in its next report, comprehensive information on the prevalence of trafficking in Malta as a country of transit and destination and, if required by the findings, on the State party's strategy for the prevention of trafficking in women and girls, the support and rehabilitation measures for victims, the prosecution and punishment of offenders, and its international, regional and bilateral cooperation with respect to combating trafficking.

MAURITIUS (1995)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Mauritius, 31/05/95, A/50/38, paras. 160-217.

179. Members inquired about laws governing the solicitation and purchase of a prostitute's services. They also wanted to know if prostitutes were undergoing regular medical check-ups. Members inquired whether there were any specific laws designed to protect minors from sexual tourism. They also wanted to know if immigrant women were among prostitutes and if there were laws against trafficking in women.

180. In response, the representative of Mauritius informed the Committee that there was no registration of prostitutes in her country and that prostitutes therefore operated illegally. She however pointed out that, owing to the sensitization campaign on AIDS, they were now more conscious of health hazards associated with their profession. She cited a television source, according to which prostitutes underwent regular medical check-ups. She referred to the relevant sections of the Criminal Code and the Child Protection Act that stated that procurement, enticement or exploitation of adults and children for purposes of prostitution were considered an offence and were subject to penalties.

189. Members noted that the report indicated that, under the Labour Law and the export-processing zone act, women in Mauritius were entitled to maternity leave for only three pregnancies. They asked what would happen when a fourth pregnancy occurred, particularly in the light of the strict laws on abortion. The representative of Mauritius responded that paid maternity leave was restricted to three confinements. Female employees were granted leave without pay after the third confinement. She also pointed out that that provision was in line with the national population policy to discourage large families.

190. As to the policy of granting an employed woman a one-hour break to breast-feed her child, members wanted to know how that provision was implemented and whether that law was necessary for working mothers. The representative replied that practical difficulties were encountered in implementation of that provision because there were few nurseries near the factories. She said that the law had been enacted to encourage breast-feeding.

195. Members of the Committee asked what the Ministry for Women's Rights was doing to improve the poor quality of life of women in Rodrigues. What was done with respect to the provision of health services and job opportunities for women in Rodrigues and to the improvement of social infrastructure? The representative informed the Committee that there was a Ministry for Rodrigues, which dealt exclusively with the situation there. She also stated that new information had been collected and updated. The situation in Rodrigues was improving: water, sanitation and roads were widely available but a lot remained to be done. Figures that reflected the situation in Rodrigues would be provided in the next report.

196. Members of the Committee asked how family planning reached all women, including poor women. They also wanted to know what the prospects were for a revision of the anti-abortion legislation. The representative of Mauritius replied that family planning in her country was available to women of all ages, married and unmarried, and was specifically targeted to teenage women. In spite of the wide availability of contraceptive methods, about 2,000 complications from abortion were reported each year and it was not clear whether those were natural or induced.

199. A question was raised by members as to how environmental degradation affected rural women and what measures were taken in that respect. Members noted that changes in food habits were mentioned and asked for more information and whether it implied a worsening of nutritional standards. In response, the Committee was informed that a survey conducted in 1988 revealed that 38 per cent of women were anaemic and that obesity was most prevalent among the female labour force. There was a tendency among the population to go for fast food and disregard nutritional standards. The Ministry of Health and the Ministry of Agriculture were engaged in developing a food and nutrition policy in order to help families to adjust to new patterns of life in a newly industrialized society. She informed members that environmental degradation was especially visible in Rodrigues, mainly through soil erosion and deforestation. Measures to sustain the environment had been initiated and involved terracing of land, reforestation, sensitization, waste management and others.

209. The Committee noted that the report did not provide enough information on prostitution and trafficking in women and rehabilitation programmes in this respect. The next report should provide more information in this regard.

211. The Committee noted that the reasons for the high rate of teenage pregnancy despite improved family planning programmes were not explained. The Committee also noted that the report did not specify clearly whether family planning services were made available to women irrespective of marital status.

MEXICO
(2002)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Mexico, 06/08/2002, A/57/38 (part 3, paras 420-453).

423. The Committee notes with satisfaction the constitutional reform carried out on 14 August 2001 which incorporated a special prohibition against discrimination based on sex into Mexican law.

424. The Committee welcomes the establishment in law in January 2001 of the National Women's Institute (INMUJERES), constituted as an autonomous, decentralized national mechanism with ministerial rank, its own budget and a cross- sectoral impact on all government institutions, thereby mainstreaming a gender perspective within national policy. The Committee also notes with satisfaction the cross-sectoral design of the National Programme for Equality of Opportunities and Non-discrimination against Women, 2001-2006 (PROEQUIDAD) as the linchpin of national policy on gender.

425. The Committee appreciates the effort made by the State party to bridge the gap between girls and boys in terms of school retention and promotion, particularly through the National Programme of Scholarships for Higher Education.

427. Although the Committee takes note of the reforms, legislative initiatives, plans and programmes that are being carried out, it is especially concerned at the lack of evaluation of the various programmes put in place and their specific impact on women.

428. The Committee urges the State party to pay special attention to promoting the implementation and evaluation of policies at the country's three levels of government, particularly in municipalities, and to the establishment of a specific timetable for monitoring and evaluating the progress achieved in compliance with the obligations under the Convention.

429. The Committee expresses its concern at the fact that no instances are mentioned in which the Convention has been invoked before the courts and the lack of a compilation of judicial decisions in this regard.

430. The Committee calls on the State party to undertake dissemination, education and awareness-raising campaigns on the provisions of the Convention aimed at society as a whole, particularly officials responsible for the administration and protection of justice and especially Mexican women, in order to make them aware of their rights in the judicial arena at the national and state levels.

431. While noting that the problem of violence is regarded as one of the priority areas of PROEQUIDAD and that major reforms have been enacted to the Penal Code, the Committee expresses great concern at violence against women in Mexico, including domestic violence, which continues to go unpunished in several states.

432. The Committee requests the State party to take into account its Recommendation No. 19 on violence against women and take the steps required to ensure that the law provides appropriate penalties for all forms of violence against women and that appropriate procedures exist for investigating and prosecuting such offences. It recommends that the State party promote the enactment of federal and state laws, as appropriate, to criminalize and punish domestic violence and the perpetrators thereof, and take steps to ensure that women victims of such violence can obtain reparation and immediate protection, particularly by establishing 24-hour telephone hotlines, increasing the number of shelters and conducting zero-tolerance campaigns on violence against women, in order that it may be recognized as an unacceptable social and moral problem. The Committee also considers it especially important that steps be taken to train health-care workers, police officers and staff of special prosecutors' offices in human rights and dealing with violence against women.

433. The Committee is concerned that while the State party has implemented poverty reduction strategies, poverty constitutes a serious obstacle to enjoyment of rights by women, who make up the majority of the most vulnerable sectors, especially in rural and indigenous areas.

434. The Committee calls on the State party to give priority to women in its poverty eradication strategy, with special attention to women in rural and indigenous areas; in this context, measures and specific programmes should be adopted to ensure that women fully enjoy their rights on an equal footing in the areas of education, employment and health, with special emphasis on joint work with non-governmental organizations and on women's participation not only as beneficiaries, but also as agents of change in the development process.

435. The Committee notes with great concern the problems of exploitation of prostitution, child pornography, and trafficking of women and girls in Mexico and the lack of sex-disaggregated statistics on the incidence and growth of these phenomena.

436. The Committee encourages the State party to take steps to combat trafficking of women and girls and the exploitation of prostitution, both outside and inside the country, and to compile and systematize sex-disaggregated data in order to formulate a broad strategy for putting an end to such degrading practices and punishing their perpetrators.

437. In view of the growing number of Mexican women emigrating to other countries in search of greater job opportunities, the Committee is concerned that this may make them especially vulnerable to situations of exploitation or trafficking.

438. The Committee urges the State party to focus on the causes of that phenomenon by adopting measures to alleviate poverty and strengthen and promote the economic input of women, as well as fully guarantee the recognition and exercise of their rights. The Committee further encourages the State party to seek bilateral and multilateral agreements with the receiving countries.

439. The Committee expresses great concern at the incidents in Ciudad Juárez and at the continuing murders and disappearances of women. It is especially concerned at the apparent lack of results of the investigations into the causes of the numerous murders of women and the failure to identify and bring to justice the perpetrators of such crimes with a view to protecting women against this type of violence.

440. The Committee calls on the State party to promote and accelerate compliance with Recommendation No. 44/98 of the Mexican National Human Rights Commission in relation to the investigation and punishment of the Ciudad Juárez murders. The Committee also calls on the State party to protect women from such violations of their human right to personal safety.

441. The Committee expresses its concern about the poor conditions of employment of Mexican women, particularly the wage discrimination, the vertical and horizontal segregation to which they are exposed and the inadequate social benefits they receive. The Committee is especially concerned about women working in the informal sector, including domestic workers, and those employed in the maquila industry whose basic labour rights are not respected; in particular, the Committee is concerned about the pregnancy test demanded by employers which exposes women to the risk of being let go or fired in the event that it proves positive.

442. The Committee recommends that the State party speed up the adoption of the reforms that must be made in the Labour Act, including the prohibition of discrimination against women, in an effort to ensure their participation in the labour market on a footing of genuine equality with men. It also urges the State party to give effect to the labour rights of women in all sectors. To that end, it recommends that the State party strengthen and promote the role of INMUJERES in negotiating the Labour Act so as to give special attention to the needs of women workers and to implement the principle of equal pay for work of equal value and prohibit the requirement of a pregnancy test for maquiladora workers.

443. The Committee expresses its concern about the small percentage of women in high-level posts in all activities, namely political, legislative, trade union and educational.

445. The Committee notes with concern the high maternal mortality rate, particularly as a result of abortions among adolescents and the inadequate education, dissemination, accessibility and supply of contraceptive devices especially to poor women in rural and urban areas and to adolescents. The Committee further notes with concern the increase in HIV/AIDS, mostly among adolescent girls.

446. The Committee recommends that the State party consider the situation of the adolescent population as a matter of priority and urges it to adopt measures guaranteeing access to reproductive and sexual health services with attention to the information needs of adolescents; it recommends further that it implement programmes and policies to increase the knowledge of the various contraceptive methods and their availability on the understanding that family planning is the responsibility of both partners. It further urges the State party to promote sex education for adolescents with particular attention to the prevention and elimination of HIV/AIDS.

447. The Committee notes the lack of sufficient data disaggregated by sex in many of the areas covered by the fifth report, notwithstanding that it is the Committee 's understanding that the Mexican National Census is based on statistics disaggregated by sex.

448. The Committee recommends that data disaggregated by sex should be compiled and urges the State party to include relevant statistics indicating the evolving impact of the programmes.

449. The Committee notes with concern that the minimum legal age of marriage, which is set at 16 in most of the states, is very young and not the same for girls and boys.

450. The Committee recommends that the law be revised by raising the minimum legal age of marriage in order to bring it into line with the provisions of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child and make it equally applicable to girls and boys.

(1998)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Mexico, 14/05/98, A/53/38, paras. 354-427.

379. The Committee observes with satisfaction that the civil, civil procedure and penal codes have been modified in order to facilitate proceedings with regard to violence against women in the family, including marital rape. It also commends the 1996 Federal District law to prevent and assist victims of intrafamilial violence and the fact that Mexico has signed the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (the Convention of Belém do Pará).

384. The Committee welcomes the reinstitution of the Women, Health and Development Programme in 1995 and the elaboration of the Reproductive Health and Family Planning Programme, 1995-2000, both of which are evidence of the efforts to improve the quality of health care for women in the country.

389. The Committee expresses its concern with regard to the discrimination faced by indigenous women, where the health, education and employment indicators are below the national average. It also expresses concern about the situation of rural women living in poverty and in extreme poverty.

391. The Committee expresses concern with regard to de facto discrimination, referring, in this regard, to the situation of women workers in factories where, according to information received from various sources, Mexican labour legislation, particularly legislation on the reproductive rights of women workers, is being violated. The Committee also refers to the situation in certain areas where the principle of equal salary for work of equal value is not applied and where women of child-bearing age are subject to mandatory pregnancy tests as a condition of employment.

394. The Committee notes the high, and unsatisfied, demand for contraceptive methods, particularly among poor urban women, rural women and adolescents. It also notes with concern cases in some localities in which contraceptive methods have been used without women's express consent, which is required under Mexican law.

395. The Committee expresses serious concern at the possible existence of an illicit traffic in women. It notes that if there is trafficking in women, that this is a serious violation of their human rights.

399. The Committee refers to the high rate of teenage pregnancy and the lack of access for women in all States to easy and swift abortion.

403. The Committee recommends that the Mexican Government continue its efforts to reduce poverty among rural women, particularly indigenous women, and to work together with non-governmental organizations, making special efforts to promote education, employment and health programmes conducive to the integration of women into the development process, both as beneficiaries and as protagonists. In view of the relatively high growth levels of the Mexican economy that have been mentioned, the Committee would welcome a more equitable redistribution of wealth among the population.

408. The Committee recommends that the Government consider the advisability of revising the legislation criminalizing abortion and suggests that it weigh the possibility of authorizing the use of the RU486 contraceptive, which is cheap and easy to use, as soon as it becomes available.

409. The Committee requests that information be given in the next report on the impact of programmes to reduce and prevent teenage pregnancy.

410. The Committee recommends the introduction of training for health personnel with regard to women's human rights, and particularly their right, freely and without coercion, to choose means of contraception.

414. The Committee recommends that the Government address the matter of whether it intends to legalize prostitution and whether this issue has been subject to public debate in its next report. It strongly recommends that new legislation should not discriminate against prostitutes but should punish pimps and procurers.

415. The Committee recommends that the legal penalties for rape be amended and that the State ensure their implementation. It also recommends rape awareness campaigns be conducted for non-governmental organizations and legislators.

416. The Committee suggests that action be taken against employers who discriminate against women on grounds of pregnancy. The women concerned should be supported, and society sent a clear signal that such discrimination is not to be tolerated.

417. The Committee requests information in the next report on whether homosexuality is penalized in the criminal code.

420. The Committee requests information in the next report on whether homosexuality is penalized in the criminal code.

426. The Committee recommends that all states of Mexico should review their legislation so that, where necessary, women are granted access to rapid and easy abortion.

MOLDOVA (2000)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Republic of Moldova, 27/06/2000, A/55/38, paras. 67-117.

91. The Committee is concerned that although the Constitution provides for the equality of all citizens before the law and public authorities, including on grounds of sex, it does not reflect the definition of discrimination in article 1 of the Convention, which prohibits both direct and indirect discrimination. The Committee is also concerned about the status of the Convention in domestic law, and whether its provisions can be directly invoked before the Courts. It is further concerned about the lack of information provided about remedies available to women for redress of violations of their rights protected under the Convention.

92. The Committee calls on the Government to encourage a constitutional amendment to incorporate equality on the basis of sex in the Constitution and to reflect fully article 1 of the Convention. It requests the Government to clarify the status of the Convention in domestic law, and to ensure, through legal education and continuing professional training, that judicial officers are aware of the Convention. It requests the Government to provide in its next report information about the remedies available to women, and about any court cases based on the Convention.

95. The Committee is concerned about the lack of an overall, integrated policy for the achievement of gender equality, which contributes to the disproportionately heavy burden of transition carried by the women of the Republic of Moldova.

96. The Committee recommends that the Government take urgent action to put in place an integrated gender equality policy to promote equality between women and men in all areas, and in particular in the economy, in political and public life, and in the family. The Committee emphasizes that a gender equality policy in accordance with the Convention will require a new approach in the Republic of Moldova that focuses on women as individuals and active agents of change and claimants of rights.

97. The Committee notes with concern the persistence of stereotyped attitudes and behaviour patterns about the roles of women and men in the family and in society. It is further concerned that there is no clear understanding of article 4, paragraph 1, of the Convention. Stereotyped attitudes are reflected, for example, in the low level of women's participation in decision-making in political life, where women hold fewer than 10 per cent of the seats in Parliament. Such stereotyped behaviour is also reflected in the lack of sharing of responsibilities between women and men for household and family duties.

98. The Committee recommends that the Government take urgent measures to overcome stereotyped and patriarchal societal attitudes. It recommends that the Government use article 4, paragraph 1, of the Convention to increase the number of women in decision-making at all levels, and in all areas, including the establishment of targets and of timetables to monitor progress. It further urges the Government to take urgent measures to modify social and cultural patterns of behaviour, including through information and public awareness-raising campaigns, so as to facilitate the emergence of non-discriminatory attitudes about the roles and responsibilities of women and men. The Committee invites the Government to take fully into account the Committee's general recommendation 23 on women in public life.

101. The Committee is concerned about the prevalence of all forms of violence against women, including domestic violence.

102. The Committee urges the Government to place high priority on 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 on the Government 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. It recommends that measures be taken to ensure that public officials, especially law enforcement officials and the judiciary, are fully sensitized to all forms of violence against women. The Committee also invites the Government to undertake awareness-raising measures, including a campaign of zero tolerance, to make such violence socially and morally unacceptable.

103. The Committee expresses its concern about the increase in trafficking in women and girls for a variety of purposes including sexual exploitation, often under false pretences.

104. The Committee urges the Government to implement a holistic approach to combat trafficking in women for commercial or sexual purposes. This should include a legislative framework to prosecute and punish traffickers, preventive measures aimed at improving women's economic situation so as to reduce their economic vulnerabilities, and measures to rehabilitate and reintegrate trafficked women where necessary. It also urges the Government to increase international and cross-border cooperation, especially with receiving countries, to reduce the incidence of trafficking and prosecute traffickers, as well as to ensure the protection of the human rights of trafficked women.

105. The Committee, while noting women's high educational levels, expresses its concern about the predominance of women in low-level educational sectors. It is also concerned about the lack of statistical information concerning women's representation in various fields of teaching, and in administrative and high-level posts at all levels of education. The Committee is also concerned about the persistence of stereotyped portrayals of women and men in curricula and teaching materials.

106. The Committee urges the Government to undertake curriculum reforms and textbook revisions addressing stereotyped images. It also recommends that the Government's educational policy include measures to encourage girls and women to seek education and training in non-traditional fields, as well as in growth areas of the economy. The Committee calls on the Government to implement temporary special measures, in accordance with article 4, paragraph 1, of the Convention, to accelerate women's representation in educational decision-making.

107. The Committee is concerned about the situation of women in the labour market, including women's unemployment levels, job segregation and the fact that, because of lack of opportunity at home, many women seek employment abroad, often without obtaining work permits. The Committee is also concerned that the country's protective labour laws may create obstacles to women's participation in the labour market.

108. The Committee urges the Government to ensure that legislation is in place prohibiting both direct and indirect discrimination against women in the labour market, and guaranteeing to women equal opportunities in accordance with article 11 of the Convention and relevant ILO conventions ratified by the Republic of Moldova. It urges the Government to consider establishing an equal opportunities ombudsman to monitor implementation of such legislation, and with the power to receive complaints about violations. It also recommends that the Government review protective legislation with a view to reducing barriers for women in the labour market. It recommends that the Government's labour market and employment policies target explicitly those groups of women who are particularly disadvantaged by the impact of transition. It invites the Government to increase measures to adopt the sharing of family responsibilities between spouses. It recommends that the Government ensure that sexual harassment in the workplace is covered by legislation that is fully implemented.

109. The Committee, while noting declines in women's mortality rates, is concerned about the status of women's health, especially women's reproductive health, and that abortion is apparently used as a means of fertility control. It is also concerned about women's occupational health, in particular in the tobacco-growing industry.

110. The Committee urges the Government to maintain free access to basic health care, to include a life-cycle approach to women's health in its health policy, and to improve its family planning and reproductive health policy, including availability and accessibility of modern contraceptive means. It encourages the Government to include sex education systematically in schools, including vocational training schools. It encourages the Government to continue its cooperation with international organizations to improve the general health situation of women and girls in the Republic of Moldova, and to take measures aimed at reducing occupational health risks to women workers. It requests the Government to provide detailed information in its next report on measures undertaken by the Government to reduce the incidence of HIV/AIDS and other sexually transmitted diseases among women. It also requests the Government to provide statistics on women's tobacco, alcohol and drug use and other substance abuse.

111. The Committee is concerned about the lack of information about the various aspects of the situation of rural women in the Republic of Moldova.

112. The Committee requests that the Government provide in its next report detailed information about all aspects covered by article 14 of the Convention. In this regard, it requests that information be provided about rural women's educational, health, housing and employment situation, including entrepreneurship opportunities, compared to women living in urban areas.

113. The Committee is concerned at the differential ages of marriage established in the Family Code for boys and girls and the legal recognition of marriages of girl children, which is not in conformity with article 16, paragraph 2, of the Convention.

114. The Committee recommends that the Government take action to bring legislation on the marriage age for women and men into full conformity with the Convention, taking into consideration the Committee's general recommendation 21.

MONGOLIA (2001)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Mongolia, 02/02/2001, A/56/38, paras. 234-278.

249. The Committee notes with deep concern the deteriorating situation of women in Mongolia in a period of economic transformation. It expresses its particular concern that the Government has failed to prevent the erosion of women's rights to economic advancement, health, education, political participation and personal security.

250. The Committee urges the Government to protect and promote women's human rights and to utilize the development and technical resources available as well as the human resources of the country, including civil society and women's groups, so as to reverse this trend.

253. The Committee expresses its concern that, although the Constitution provides for the equality of all citizens before the law, it does not reflect the definition of discrimination in article 1 of the Convention, which prohibits both direct and indirect discrimination. It also expresses its concern that there are no remedies available to women to redress violations of their rights.

254. The Committee calls upon the Government to undertake legal reforms so as to ensure that the full meaning of article 1 of the Convention is reflected in the country's Constitution and legislation, and that constitutional rights are enforceable.

258. The Committee calls upon the Government to extend its distance education programmes for young people so as to include programmes on gender education as soon as possible. The Committee considers that the young people can be an important resource in changing stereotypical and patriarchal attitudes in society.

261. The Committee expresses its deep concern that the phenomenon of violence against women has not been adequately addressed in laws, policies and programmes. It expresses particular concern at the long delay in enacting the proposed legislation on domestic violence.

262. The Committee urges the Government to enact the proposed domestic violence law, including marital rape provisions, to strengthen law enforcement and to develop a holistic range of initiatives to respond to violence against women in the light of general recommendation 19 of the Committee and the Declaration on the Elimination of Violence against Women.

265. The Committee expresses its concern that limited steps have been taken to combat prostitution and trafficking of women.

266. The Committee urges the Government to take steps to prosecute persons engaged in organizing prostitution and to adopt effective measures to combat trafficking of women.

267. The Committee expresses its deep concern at the negative impact of privatization on women's access to adequate health care and education.

268. The Committee calls upon the Government to ensure that these services are not reduced and that, in particular, the areas of health and education do not suffer as a result of privatization.

269. The Committee expresses its concern that Mongolia places the responsibility of family and childcare exclusively on women, particularly as the population policy encourages women to have large families. It notes that this situation encourages their marginalization in the economy and exacerbates poverty.

270. The Committee urges the Government to develop laws, policies and educational programmes that support and promote the idea of joint parental responsibility and prevent discrimination against women because of their family responsibilities.

273. The Committee expresses its concern with regard to women's health throughout their life cycle. The Committee also expresses its concern that economic hardship impacts negatively on women's reproductive and mental health. In particular, the Committee notes with concern the acute problem of maternal mortality, owing in part to abortions performed under unsafe conditions and the non-availability of family planning services.

274. The Committee urges the Government to maintain adequate safe, affordable and accessible physical and mental health services for women throughout their life cycle. It also urges the Government to increase access, particularly in the rural areas, to affordable contraceptives for women and men, and to provide sex education to girls and boys.

MOROCCO (1997)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Morocco, 23/01/97, A/52/38/Rev.1, paras. 45-80.

64. The Committee emphasized that cultural characteristics could not be allowed to undermine the principle of the universality of human rights, which remained inalienable and non-negotiable, nor to prevent the adoption of appropriate measures in favour of women. As a result, the Committee remained concerned at the profound inequalities affecting the status of women in Morocco. Considerable discrimination in the areas of marriage, conjugal relations, divorce and the custody of children still exists. Laws regarding the punishment of adultery and the ability to pass on nationality continue to benefit the husband to the detriment of the wife.

66. The Committee noted with concern that no legislation was envisaged to protect women against all forms of violence. The Committee was also surprised that the report made no mention of Article 6 of the Convention, which concerned prostitution.

68. The Committee noted with concern the high rate of maternal mortality in Morocco, the high number of unattended births, the unavailability of safe abortion and the need to develop further reproductive and sexual health services, including family planning.

78. The Committee strongly recommended that the Government take special measures to reduce maternal mortality rates and protect women's right to life by ensuring full and timely access of all women to emergency obstetric care.

MYANMAR (2000)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Myanmar, 28/01/2000, CEDAW/C/2000/I/CRP.3/Add.2/Rev.1.

15. The Committee notes with appreciation that the Myanmar Maternal and Child Welfare Association, the country's largest non-governmental organization, with branches and associations all over the country, has been working closely with the Government in the area of women's health, in particular, maternal health.

16. The Committee notes with satisfaction that in Myanmar women have the same rights as men to acquire, administer and dispose of property and that a wife has the right to transfer half of the marital property into her name upon divorce.

17. The Committee notes with satisfaction the high literacy rate of women in Myanmar. The Committee notes with satisfaction that the legal age for marriage is 20 years for both sexes. The Committee welcomes the fact that wife-abuse is not common in Myanmar. It also commends the Government for initiating further research into domestic violence with a view to eradicating this phenomenon altogether and raising community awareness of existing laws in this regard.

29. The Committee notes with concern that there is little information on the trafficking in women and girls, despite the magnitude of the problem.

31. The Committee requests the Government to include in its next report more information and data on the situation of trafficking in women and girls. The Committee is also concerned with the increasing number of women with HIV/AIDS. The Committee requests more information on the situation of women affected by HIV/AIDS, including women in trafficking and prostitution, in the next periodic report. Information should also be given on their access to health care, as well as the Government's efforts to educate women, and on measures to prevent the spread of the disease.

34. The Committee expresses its concern about the situation of women in custody, especially with regard to their being subject to sexual violence.

35. The Committee requests the Government to include in its next report more information on women in custody, including data on custodial violence and the protection of the human rights of women in custody.

36. The Committee is concerned with the restrictions on the number of women admitted to certain courses in higher education, which contravenes article 10 (b) and (c) of the Convention.

37. The Committee urges the Government to modify the policies on restricted admission, noting that women themselves should be entitled to decide which subjects or professions they wish to pursue.

38. The Committee notes with concern that the information provided on primary education is insufficient, in particular in regard to the enrolment of girls.

39. The Committee requests the Government to include more information and data with regard to primary education in its next report. The Committee also recommends that the Government set numerical targets for enrolment of girls in primary education, and that it report on the results of the implementation of such targets.

40. The Committee is concerned that there is no information on a woman's right to terminate a pregnancy resulting from sexual violence. The Committee is also concerned with the high rate of maternal mortality in Myanmar, since it notes that induced abortion often results in maternal mortality.

41. The Committee urges the Government to extend the coverage of the contraceptive distribution programme in order to reduce maternal mortality from unsafe abortions. The Committee requests the Government to include in its next report more information on pregnancies resulting from rape or sexual violence and the services that are available to the victims.

NAMIBIA (1997)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Namibia, 14/07/97, A/52/38/Rev.1, Part II, paras. 69-131.

75. Religious beliefs, cultural practices and remaining inequities under general and customary laws were factors that continued to allow men to dominate women in the family context. Sexual stereotyping of women as mothers had led to difficulties for many women in choosing career paths other than motherhood. Regional gender workshops organized by the Government were being used to combat sexual stereotyping.

79. Namibia's fertility rate was one of the highest in the world and the Government continued to be committed to reducing that rate through public campaigns and expanded family planning services. Abortion was illegal, except in cases of incest and rape and for reasons of health of the mother or baby. Legal abortions and infanticide were significant problems in Namibia, but the law on abortion and sterilization was under discussion. There was also a high incidence of polygamy in some communities. HIV and AIDS were increasing at an alarming rate, especially among women, as a result of their low social and economic status.

103. The Committee was concerned that the issue of maternity leave was dealt with under Article 4 of the Convention as it was of the view that such a measure was not a measure of affirmative action.

105. The Committee expressed concern that the health of prostitutes was not taken into account and that, unlike other women, they did not have access to health care.

107. The Committee also expressed concern with respect to the current inadequacy of the law on rape and other forms of violence against women.

108. The Committee was concerned that pregnant teenage women were punished by expulsion from school.

111. The Committee was also concerned about the high number of illegal abortions in Namibia and the high rate of maternal mortality, and the fact that the inadequacy of the existing law on abortion contributed to the problem.

120. The Committee recommended that the Government take immediate action to combat domestic violence. That should include such legal measures as amending the law on rape and extending it to include marital rape. The Committee also recommended that the State courts have sole jurisdiction in cases of sexual violence, and that victims be given better privacy and protection during court proceedings.

121. The Committee emphasized the importance of measures such as improving the economic empowerment of women, to reduce their dependence on men and their vulnerability to domestic violence. The Committee also recommended that the Government introduce awareness-raising programmes for health professionals, the police and the judiciary to improve their understanding of the problem that violence posed for women.

127. The Committee recommended that the Government of Namibia adopt the necessary measures to review the laws containing punitive measures against women who had undergone illegal abortions.

NEPAL
(2004)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Nepal, 13/01/2004, CEDAW/C/2004/I/CRP.3/Rev.1.

14. The Committee commends the State party for identifying gender equality as a priority in its national development plan and welcomes new laws and legal reforms, such as the Country Code (Eleventh Amendment) Act, which, inter alia, enhances women's right to property; the Legal Aid Act, under which free legal aid is available in cases of abortion, trafficking, sexual exploitation and domestic violence; the Civil Service (First Amendment) Act, containing special provisions with regard to entry regulations, career development and conditions of service for women; and the Local Self-Governance Act, which includes a quota of a minimum of 20 per cent representation by women in local bodies. The Committee also commends the efforts made towards implementation of the Convention through a wide range of plans and programmes, including the National Plan of Action on Gender Equality and Women's Empowerment, the National Plan of Action on Education and the Second Long-Term Health Plan.

15. The Committee commends the State party for establishing the Ministry of Women, Children and Social Welfare and for creating several other institutional mechanisms, including the National Commission on Women, gender focal points in other ministries, a National Human Rights Commission, the National Dalit Commission and a national committee to monitor the implementation of the Convention.

16. The Committee commends the State party's partnership with civil society on women's issues and its cooperation with civil society in disseminating information on the Convention, including the concluding comments that followed the consideration of the initial report. It welcomes the fact that these concluding comments were translated into Nepali to foster a better understanding of the human rights of women.

17. The Committee acknowledges that the judiciary has rendered a number of gender-sensitive decisions, thereby contributing to enhancing the status of women and protecting their rights in the territory of the State party.

18. While noting that a high-level committee has submitted a report identifying remaining discriminatory laws to the Prime Minister and that the Ministry of Women, Children and Social Welfare has been directed to take immediate action, the Committee reiterates the concern already expressed in the concluding comments on the initial report that the State party has not taken sufficient action to amend prevailing discriminatory laws.

19. The Committee urges the State party to expedite action and to establish a specific timetable for amending discriminatory laws without further delay in order to comply with its obligation under article 2 of the Convention.

20. The Committee expresses concern that the Constitution, in contradiction to article 9 of the Convention, precludes Nepalese women from passing their nationality on to their children or to a spouse of foreign nationality.

21. The Committee urges the State party to repeal or amend article 9 of the Constitution, which permits discrimination against women in the area of citizenship.

22. While appreciating the work undertaken by the Ministry of Women, Children and Social Welfare, the Committee expresses concern that the national machinery for the advancement of women does not have sufficient financial and human resources to effectively promote the advancement of women and gender equality.

23. The Committee recommends that the State party strengthen the existing national machinery for the advancement of women, including by providing it with adequate financial and human resources.

24. The Committee expresses its concern about the internal armed conflict that has continued in Nepal since 1996 and its impact on women. It is also concerned about the dissolution of the House of Representatives since May 2002, as this has, inter alia, an adverse impact on the capacity of the State party to implement the Convention, in particular in respect of the passage of legislation.

25. The Committee calls on the State party to ensure full and equal participation of women in the process of conflict resolution and peace-building. It urges the State party to allocate sufficient resources to meet the needs of women who have suffered damage as a result of the conflict and to ensure their security and protection from violence. The Committee also calls on the State party to ensure that legislative functions are not abandoned or neglected to the detriment of women in the period until the House of Representatives is reconvened. In this regard, it encourages the State party to prepare a legislative agenda for action by Parliament.

26. While recognizing that education is a national priority of the State party and that substantial progress has been made, including a decline in the overall illiteracy rate, the Committee is concerned about the continuing significant gap between the literacy rates of women and men. It is concerned about the low female enrollment in primary and secondary schools, high dropout rates and the very limited access for women to tertiary education. The Committee is also concerned that educational opportunities are fewer for women in rural areas and women of different castes and ethnic groups.

27. The Committee urges the State party to intensify its efforts to address the literacy gap between men and women so that the goals established in the National Plan of Action on Education in regard to equality in education can be achieved, particularly in rural areas and among disadvantaged castes and ethnic groups. The Committee also recommends that the State party strengthen its efforts to ensure equal access of girls and women to all levels of education and to take all appropriate measures to prevent girls from dropping out of school. The Committee calls on the State party to allocate more financial and human resources to the education sector, to recruit more women teachers and to ensure that school textbooks do not carry stereotyped images of women.

28. The Committee is concerned at the persistence of discriminatory cultural practices and stereotypes relating to the roles and responsibilities of women and men in all areas of life, and by deep-rooted patriarchal attitudes and conduct based on the assumed superiority of men in the public and private spheres and the strong perception that women are weak and vulnerable, which undermine women's social status and are an obstacle to the implementation of the Convention. The Committee expresses its particular concern at the situation of widows who are often marginalized and vulnerable to violence and economic deprivation as a result of entrenched mindsets.

29. The Committee urges the State party to intensify its efforts to eliminate discriminatory cultural practices and stereotypes. It also urges the State party to encourage men to share family responsibilities and direct its awareness-raising programmes to men as well as women, and to take action to change stereotypical attitudes and perceptions as to men's and women's roles and responsibilities. It recommends that the media be encouraged to project a positive image of women and of the equal status and responsibilities of women and men both in the private and public spheres. The Committee requests the State party to adopt measures to ensure that widows are able to enjoy their human rights and to improve their situation, including through job training, loan opportunities and counselling services and sensitization programmes aimed at ending stigmatization of widows within the family and in the community.

30. The Committee is concerned at the continued existence of child marriage and polygamy and other practices, including the institution of dowry, deuki (dedicating girls to a god and goddess), jhuma (in some communities, second sisters remain unmarried and spend their life in monasteries), kumari pratha (having a girl child as living goddess) and badi (ethnic practice of prostitution among young girls), that are contrary to the Convention and constitute discrimination against women. The Committee is also concerned that the enactment of the draft bill on domestic violence has been delayed.

31. The Committee recommends action without delay by the State party to enforce its marriage laws, particularly as they relate to the prohibition of child marriage and polygamy in light of general recommendation 21 on equality in marriage and family relations, and urges the State party to take steps to abolish other harmful and discriminatory traditional practices, such as dowry, deuki, jhuma, kumari pratha and badi. 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 aimed at eliminating these practices. The Committee requests the State party to adopt immediately measures on domestic violence and to provide in its next report information about progress in relation to the draft bill on domestic violence.

32. Recognizing the efforts made by the State party to address the issue of trafficking in women and girls, the Committee remains concerned about the continuing prevalence of this problem in Nepal. It is also concerned about the large discrepancy between reported instances of trafficking and the actual number of cases brought to court. It is further concerned that the enactment of the amendment to the Human Trafficking (Control) Act has been delayed.

33. The Committee urges the State party to intensify its efforts to address trafficking in women and girls. It recommends that its anti -trafficking strategy should include measures of prevention, the prosecution and punishment of perpetrators and increased international, regional and bilateral cooperation. The Committee requests the State party to provide in its next report information about the legal and actual situation with respect to trafficking in women and girls.

34. The Committee is concerned at the status of women's health, particularly rural women. The Committee is concerned that women have a lower life expectancy than men and that there are high maternal and infant mortality rates. It is also concerned that women's health is adversely affected by factors such as early marriage and early pregnancy, inadequate family planning services and illiteracy, which is an obstacle to obtaining and effectively using health-related information. It is further concerned at the lack of research on women's health and data disaggregated by sex.

35. The Committee recommends that the State party take further measures to improve women's access, particularly rural women, to health-related services and information, including in regard to sexual and reproductive health, in an effort to reduce maternal mortality. It also recommends that programmes and policies be adopted to increase knowledge of and access to contraceptive methods, taking into account that family planning should be the responsibility of both partners. It further recommends that sex education be widely promoted, particularly targeting boys and girls, with special attention to the prevention and further control of sexually transmitted diseases and HIV/AIDS. The Committee requests the State party to conduct research on women's health and to provide sex disaggregated data on access to health in its next report.

38. The Committee is concerned that women's access to land is still more limited than that of men.

39. The Committee requests the State party to take appropriate measures to eliminate all forms of discrimination against women with respect to access to land.

40. The Committee is concerned at the lack of information in the report about refugee women in camps in Nepal. In particular, it is concerned that women may be denied the possibility of applying for refugee status as individuals in their own right. The Committee is also concerned at information about inadequate protection and redress from gender-based violence in refugee camps.

41. The Committee requests the State party to provide in its next report comprehensive information on the situation of refugee women in Nepalese camps, including in respect of the registration process for refugees and the means used to protect refugee women from gender-based violence and the avenues available for redress and rehabilitation.

42. The Committee regrets that the report provides insufficient statistics and sex-disaggregated data, in particular detailed information on the scope of the programmes and the impact of the measures undertaken by the State party to eliminate discrimination against women.

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

(1999)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Nepal, 01/07/99, CEDAW/C/1999/L.2/Add.5.

23. The Committee recommends that a definition of discrimination in compliance with article 1 of the Convention be included in the relevant laws. The Committee also urges the Government to amend, as a matter of priority, discriminatory laws on property and inheritance, the laws on marriage, nationality and birth registration, the Bonus Act, and discriminatory criminal laws, including the law on abortion.

31. The Committee expresses concern at the current law, which criminalizes abortion, including in cases of pregnancy through rape or incest. The Committee considers that the current law on abortion contributes to the high maternal mortality rate in Nepal. The Committee is also concerned that the proposed amendments to the current law continues to be restrictive, allowing abortion only when the mother's health is in danger.

32. The Committee urges the Government to revise existing legislation and to reconsider the proposed amendments so as to provide services for safe abortions. The Committee recommends that the Government prioritize prevention of unwanted pregnancy through family planning services and sex education. In these efforts, the Committee suggests that the Government take account of general recommendation 24 on article 12 - women and health.

33. The Committee is concerned about the high incidence of prostitution and the increase in trafficking in women and girls, in particular for the purpose of prostitution. It expresses its concern that girl children are taken across the border for the purpose of child marriage.

34. The Committee urges the Government to take effective steps to review existing legislative provisions on prostitution and trafficking in women and their compatibility with the Convention, and to ensure their full implementation and compliance. It also calls upon the Government to initiate regional and bilateral cooperation, taking into account sub-regional, regional and international agreements and standards on this issue. It urges the Government to review its criminal code, to punish persons who procure women for prostitution or for trafficking, to establish repatriation and rehabilitation programmes, as well as support services for victims of trafficking.

37. The Committee expresses concern that traditional customs and practices detrimental to women and girls, such as child marriage, dowry, polygamy, deuki, (a tradition of dedicating girls to a god or goddess, who become "temple prostitutes, which persists, despite the prohibition of the practice by the Children's Act) badi (the ethnic practice of forcing young girls to become prostitutes) and discriminatory practices that derive from the caste system are still prevalent.

38. The Committee recommends that the Government, in coordination with civil society, including women's groups and non-governmental organizations, initiate policies and programmes to eliminate discriminatory cultural attitudes towards women and girls. It recommends implementation of an extensive public awareness campaign in order to increase the understanding of gender issues and human rights of women amongst the people of Nepal.

NETHERLANDS
(2001)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Netherlands, 31/07/2001, A/56/38, paras. 185-231.

205. Despite the efforts made to combat discrimination in the Netherlands, the Committee expresses concern at the continuing discrimination against immigrant refugee and minority women who suffer from multiple discrimination, based both on their sex and on their ethnic background, in society at large and within their communities, particularly with respect to education, employment and violence against women. The Committee also expresses concern about manifestations of racism and xenophobia in the Netherlands.

206. The Committee urges the Government to take effective measures to eliminate discrimination against immigrant, refugee and minority women, both in society at large and within their communities. It urges the Government to respect and promote the human rights of women over discriminatory cultural practices, and take effective and proactive measures, including awareness-raising programmes and programmes to sensitize the community to combat patriarchal attitudes and practices and stereotyping of roles and to eliminate discrimination and violence against women in immigrant and minority communities. The Committee also urges the Government to eliminate xenophobia and racism in the Netherlands by strengthening its efforts to combat the activities of racist and xenophobic groups based in the country.

207. The Committee is concerned about the lack of information in the reports on the de facto situation of women of ethnic and minority communities in respect to their access to education, employment and health services. It is also concerned at the limited information on their freedom from violence, including female genital mutilation, domestic violence and honour crimes, as well as other discriminatory practices, such as polygamy, early marriage and forced pregnancy.

208. The Committee urges the Government to provide in its next report detailed information, including statistics disaggregated by sex and ethnicity, on the implementation of the Convention with respect to different ethnic and minority groups resident in the territory of the State party.

209. Noting the recent legislation on the abolition of the ban on brothels, which came into effect in October 2000, the Committee emphasizes that prostitution poses for women risks of exploitation and violence.

210. The Committee urges the Government to begin monitoring this law immediately and provide, in its next report, an assessment of the intended as well as unintended effects of the law, including those pertaining to risk of violence and to health, in particular in regard to those women without residence permits who are engaged in prostitution. The Committee also urges the Government to increase its efforts to provide training and education to prostitutes in order to ensure that they have a full range of options for earning their livelihood.

211. The Committee expresses concern about non-European women who have been trafficked, who fear expulsion to their countries of origin and who might lack the effective protection of their Government on their return.

212. The Committee urges the Government of the Netherlands to ensure that trafficked women are provided with full protection in their countries of origin or to grant them asylum or refugee status.

215. The Committee expresses concern that elderly women may be marginalized within, as well as insufficiently covered by, the health insurance and pension systems and urges the Government to pay special attention to the needs of elderly women in "Daily routine" programmes.

221. The Committee expresses concern that there is insufficient information on the issue of HIV/AIDS included in the reports and requests the Government to provide such information in its next periodic report, in accordance with general recommendation 15 of the Committee.

(1994)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Netherlands, 12/04/94, A/49/38, paras. 245-317.

253. Members of the Committee commended the extensive, very detailed report, which adhered to the general guidelines and also contained ample statistics and graphs, and its presentation to the Committee. They welcomed the fact that the Convention had led to revisions of and additions to existing legislation and that it had been ratified without reservations. They noted that human rights education was included in school curricula and that the Convention had been translated into the native language of Aruba. Members were favourably impressed by the fact that, one year before presenting each subsequent report to the Committee, the Government would have to report to Parliament, and they commended the concern that was shown about the issue of sexual preference. Members noted that the Government gave support to women's groups. In reaction to the members' concern as to why non-governmental organizations had not been consulted in the course of the report's preparation, the representative explained that much value was attached to the distribution of power and the spread of responsibilities in the country. Since non-governmental organizations were independent, they were responsible only towards their respective constituencies; they could criticize, question or judge governmental policies, but were never responsible for them. The critical input of non-governmental organizations was sometimes a challenge to government policy, but was never an integral part of it; in that way those organizations did not lose their independence.

272. Doubts were expressed as to whether voluntary prostitution could be considered an entirely personal matter and a profession. Confronted with the issue of the forced prostitution of immigrant women, the representative of the European territory of the Netherlands replied that traffic in women was considered a problem of forced prostitution and that persons who were illegally in the Netherlands and had been forced into prostitution would be granted a residence permit for the period of time covering any investigation into their situation and the court session.

273. Regarding the HIV/AIDS situation in the Netherlands, it was reported that the Government had been formulating a policy on HIV/AIDS since the beginning of the epidemic, a policy which was being implemented at national, regional and municipal levels, in close cooperation between the competent health ministry and interested groups. Its key aims were prevention of the further spread of HIV, care, research and prevention of discrimination against infected persons, including AIDS-information campaigns for prostitutes.

295. When asked whether the Government of Aruba was planning to eliminate the provision according to which dismissal on the grounds of pregnancy was legal, the representative of Aruba stated that in the instance of female government employees no cases of dismissal on the grounds of pregnancy had ever been presented. In the private sector, dismissal required special previous approval and pregnancy was not considered to be sufficient reason to grant such permission. As the Civil Code prohibited dismissal in cases of sickness, pregnancy was considered to be included under "sickness".

296. In reaction to the comment by members that the report was not detailed enough on the question of health, the representative of the Netherlands said that in 1994 a study would be conducted on the access of women to health services.

297. Replying to a question about the availability of special programmes for women who were already infected with HIV/AIDS, the representative said that while all government programmes were accessible to both women and men, the Government subsidized a "Women and AIDS" office and self-help groups were trying to get women out of their isolation. Although tourism was one of the main industries in Aruba, the prevalence of AIDS infection was relatively low. The National AIDS Commission offered care and counselling, as well as control measures, including health education. Specific information and guidance was also provided to prostitutes.

298. Following a request for further information on drug addiction among women and related programmes, the representative of the Netherlands explained that the central objective of the drug policy was to reduce, as much as possible, the risks that drug abuse presented to the users, their environment and society. A pragmatic approach to the problem proved to be more effective and statistics showed that generally one woman was addicted for every three men.

300. Referring to the question whether there was legislation regarding artificial insemination and whether it was based on ethical or on scientific principles, the representative replied that artificial insemination was not regulated by law. However, hospitals had their codes of conduct and an individual physician with a different view on the matter could refer a woman to a colleague to undertake the procedure. It was important that women applying for that procedure not be refused on the basis of their marital status, sexual preference or lifestyle. Pregnancy at an advanced age was currently not covered by law.

301. Members of the Committee requested clarification about the abortion policy in the country. It was explained that the reason for the five-day waiting period was to safeguard responsible decision-making and to give the women the chance of reconsidering if they wished to. Abortion could be carried out only by a physician in a hospital or clinic with a permit and was allowed only in a medically or socially untenable situation in which it was deemed necessary.

NEW ZEALAND
(1998)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: New Zealand, 09/07/98, A/53/38/Rev.1 paras. 243-291.

24. The Committee expresses serious concern at the continuing existence of a reservation to Article 11 (2) (b) on paid maternity leave. It is concerned that the requirement for women to negotiate maternity leave individually with their employers, rather than being established as a matter of national law and policy, is a disadvantage for New Zealand's women. It is also concerned about the constraints for obtaining unpaid maternity leave and the lack of awareness by women of existing unpaid parental leave rights.

25. The Committee recommends that the Government examine in greater detail paid maternity leave provisions that exist in a number of countries at a comparative level of economic and social development. It also recommends that the Government study the impact of existing maternity leave provisions on women's equal pay and career opportunities. The Government should also consider the possible long-term impact of this situation, especially in conjunction with the proposed Matrimonial Property Amendment Bill which does not recognize future earnings in divorce settlements.

33. The Committee expresses concern that the ongoing privatization of social services and the introduction of fee-based systems in areas such as health reduces women's, especially poor and Maori women's, access thereto.

34. The Committee recommends that the Government closely monitor the impact of privatization on social services, especially in health, so as to ensure equal access to quality health care for all women.

37. The Committee is concerned that the situation of Maori women remains unsatisfactory in many areas, including the high percentage of Maori girls leaving school early, higher-than-average teenage pregnancy rates, the continuing low number of Maori women in tertiary education, their employment situation, their absence from the judiciary and political decision-making, their health situation and access to health services and higher- than-average incidences of domestic violence.

44. The Committee expresses concern that the Government did not provide sufficient data and information on prostitution, the Prostitutes Collective and the treatment of sex workers who were in the country illegally.

(1994)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: New Zealand, 12/04/94, A/49/38, paras. 608-665.

612. The Government had passed a new Human Rights Act in 1993, extending the grounds of prohibited discrimination. Its grounds would now cover gender issues, including pregnancy, childbirth, sexual harassment, marital and family status, sexual orientation, disability, age, race, religion, employment status and political opinion. The Act would come into force in 1994. The country's Human Rights Commission had also been granted more funds to carry out its enhanced duties.

620. The representative stated that women's health was a key issue. She noted that cervical cancer, identified as a preventable disease, had been killing over 100 women a year. A national cervical screening programme had been established, which had a particular emphasis on the Maori and Pacific Island women. Breast cancer was also being addressed. The improvement in health services for Maori women had also been emphasized. Attempts had been made, with some success, to encourage healthy lifestyles and to reduce the high incidence of smoking among Maori women.

626. Members of the Committee indicated their general satisfaction with the report, its presentation, its comprehensiveness and the information contained therein. Concern was expressed about the remaining reservations on women in the armed forces and on paid maternity leave in a country where there was such a large number of women in the workforce.

631. Members asked about an apparent discrepancy between the reservation on maternity leave with pay and various legislative measures to prohibit discrimination, such as the new Human Rights Act.

640. Replying to the question whether, in family education, prenatal and postnatal education had been extended nationwide, particularly to Maori women, the representative stated that a number of organizations, including Crown Health Enterprises, general practitioners, practical nurses and others, provided such education. There was some evidence that mainstream services were not well used by Maori women, who had a different profile from their non-Maori counterparts. That had led health-care authorities, Government departments and Maori women's groups to explore different ways of meeting the particular needs of Maori women. Examples of such initiatives included the Tipu Ora programme, which supported Maori women during pregnancy, and had resulted in a reduction in smoking, promotion of breast-feeding and a significant reduction in Maori infant cot deaths, the establishment of Whare Paruora health clinics, Government-funded research into new models for the delivery of prenatal and postnatal care to Maori families and Government funding for iwi (tribal) based health programmes.

645. The representative informed the Committee about the response of the general public and women's groups to the increase in the spread of HIV. She observed that there was evidence that sex workers in New Zealand were relatively free of HIV/AIDS. The number of women infected with AIDS was as low as 17 out of the 48 HIV cases that were diagnosed in June 1993. The widespread use of condoms, predating the appearance of HIV/AIDS, was indicated as the factor contributing to the low incidence among sex workers. In addition, the representative indicated that women's groups had been concerned about the risks of late diagnosis of women infected with HIV/AIDS and had identified the need for information programmes that specifically addressed the issues of pregnancy and breast-feeding. Funds had been made available by the Government for education and sexual health programmes.

656. It was asked why the pilot project on mammography had been restricted to an older age group.

664. The Committee suggested that the Government review its reservations with the intention of withdrawing them, particularly that entered to paid maternity leave. The Committee found it difficult to understand why paid maternity leave had not been implemented in working life.

NICARAGUA
(2001)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Nicaragua, 31/07/2001, A/56/38, paras. 277-318.

295. The Committee calls upon the Government to strengthen measures to change stereotypical attitudes about the roles and responsibilities of women and men, including awareness-raising and educational campaigns directed at both women and men, as well as the media, in order to achieve de facto equality between women and men. It also calls upon the Government to undertake an assessment of the impact of its measures in order to identify shortcomings, and to adjust and improve these measures accordingly.

296. The Committee expresses concern at the high incidence of poverty among women, in particular rural women and households headed by women.

297. The Committee urges the Government to give priority attention to rural women and women heads of household, including in the allocation of budgetary resources, and to monitor research into their situation, with a view to developing effective policies and programmes to strengthen their socio-economic situation and ensuring that they receive needed services and support. The Committee emphasizes that social investment in women not only ensures their enjoyment of the human rights outlined in the Convention, but also constitutes one of the most effective means of combatting poverty and promoting sustainable development.

298. The Committee expresses concern at the custom, in particular in rural areas, of sexual abuse of young girls by older men. It notes that this violates the rights of girls to reproductive health, as well as other rights under the Convention.

299. The Committee urges the Government to introduce awareness-raising and penal measures to eliminate the sexual abuse of young girls.

300. The Committee expresses concern about the high infant and maternal mortality rates in Nicaragua. The Committee also expresses concern that the leading causes of mortality among women are cervical and breast cancer, and pregnancy-related problems, including post-partum haemorrhage and toxaemia. The Committee notes with concern a lack of information on abortions and on the incidence of related death or illness.

301. The Committee recommends that the Government make every effort to increase access to health-care facilities and medical assistance by trained personnel in all areas, including rural areas. The Committee also recommends the implementation of programmes to prevent cervical and breast cancer, and to ensure the availability of pregnancy-related medical care. The Committee requests the Government to include in its next report information on the number of abortions performed and related death and/or illness, within the general framework of health conditions of women.

302. The Committee expresses concern about the high fertility rate in Nicaragua.

303. The Committee calls upon the Government to improve its family planning and reproductive health policy and programmes, including the availability and accessibility of affordable modern contraceptive means to both women and men. It encourages the Government to promote educational programmes on reproductive rights and responsible sexual behaviour on the part of both women and men, in particular young people.

304. The Committee notes with concern the persistence of a high level of illiteracy among certain groups of women in Nicaragua.

305. The Committee encourages the Government to develop programmes specifically designed to reduce female illiteracy.

306. The Committee expresses concern that women workers have been replaced by men in both the formal and informal sectors of the economy, that men's wages are three times greater than those of women and that the rates of unemployment and underemployment of women are high. It also expresses concern at the indirect discrimination against women because they have limited access to credit owing to their lack of collateral.

308. While the Committee welcomes the Government's efforts to combat domestic violence, it expresses concern at the continuing extent of domestic violence against women in Nicaragua. The Committee stresses that, since violence against women is an infringement of human rights, it is the Government's responsibility to prevent such violence and to take measures to protect its victims.

309. The Committee calls upon the Government to take practical measures to follow up and monitor legislation, and to strengthen its policies and programmes addressing violence against women, including by assessing their effectiveness and adjusting them accordingly.

312. While the Committee welcomes the adoption of legislation to protect and promote women's human rights, including domestic violence legislation and the Equal Opportunities Law, the Committee expresses concern that discriminatory laws continue to exist and that there is no legislation dealing with education.

313. The Committee urges the Government to reform existing legislation and enact new legislation to protect the equal rights of women and men in regard to education. It recommends the speedy adoption of a non-discriminatory family code.

314. The Committee expresses concern about the lack of information in the reports on the migration of women and girls, women working in the maquiladora factories and free trade zones, older women and minority and indigenous women, prostitution, and trafficking of women and girls.

315. The Committee requests the Government to provide in its next report information on the migration of women and girls, including why the movements are occurring, the destination points, and the extent to which these women and girls become vulnerable to sexual exploitation, including trafficking, prostitution and sex tourism; the situation of women working in the maquiladora factories and free trade zones, including the measures taken to ensure that their rights are protected; older women and minority and indigenous women, especially as regards their health, employment and educational status; prostitution, including the measures taken to protect women who are prostitutes and to reintegrate them into society, as well as the measures taken to counteract the root causes of prostitution; and the measures taken by the Government to combat trafficking, and the impact of such measures.

NIGERIA
(2004)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Nigeria, 20/01/2004, CEDAW/C/2004/I/CRP.3/Add.2/Rev.1.

14. The Committee commends the State party for including the right to freedom from discrimination on grounds of sex in its 1999 Constitution. It also welcomes the attention given in the ongoing constitutional review process to the elimination of remaining provisions that are discriminatory to women, including those regarding nationality.

15. The Committee welcomes the adoption of new federal laws in support of the goal of gender equality and the implementation of the provisions of the Convention, including the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2003 and the Child Rights Act, 2003. It also welcomes the adoption of a number of State laws prohibiting discrimination against women in critical areas such as female genital mutilation, widowhood practices and early marriage. It appreciates the State party's efforts, in collaboration with civil society organizations, to collate all remaining discriminatory aspects of legal provisions and practices, with a view to eliminate them and to harmonize statutory, customary and religious laws.

16. The Committee notes that, despite the fact that the Convention has not yet been domesticated as part of Nigerian law, some courts in Nigeria have explicitly referred to the Convention in arriving at decisions in favour of women's equality and non-discrimination.

17. The Committee welcomes the adoption of the National Policy on Women in 2000 as a framework to monitor the implementation of the Beijing Platform for Action and the Convention. The Committee also welcomes the adoption of other national policies on education, reproductive health, nutrition and HIV/AIDS, which support women's empowerment, as well as the establishment of institutional mechanisms to support their implementation.

18. The Committee is concerned that, although Nigeria ratified the Convention in 1985, the Convention still has not been domesticated as part of Nigerian law. It notes with concern that, short of such full domestication, the primacy of the Convention over domestic law is not clarified nor is the Convention justiciable and enforceable in Nigerian courts.

19. The Committee urges the State party to place high priority on completing the process of full domestication of the Convention. It calls on the State party to ensure that the Convention and related domestic legislation are made an integral part of legal education and the training of judicial officers, including judges, lawyers and prosecutors, so as to firmly establish in the country a legal culture supportive of women's equality and non- discrimination.

20. The Committee is concerned that the State party's Constitution continues to contain provisions that discriminate against women, in particular in the area of nationality and employment, a fact that is explicitly recognized by the State party. It is further concerned at the slow pace of legislative reform to bring discriminatory legislation into conformity with the provisions of the Convention and to eliminate customary practices that discriminate against women.

21. The Committee calls on the State party to set priorities, as well as a concrete timetable, for amending provisions in the Constitution and in Federal and State legislation that discriminate against women. It urges the Government of the State party to intensify its collaboration with parliamentarians and civil society in order to enhance understanding by all stakeholders of the State party's obligations under the Convention and to ensure speedy progress towards achieving de jure equality as an essential prerequisite for realizing de facto equality of women and compliance with the provisions of the Convention.

22. The Committee notes with concern the existence of a three-pronged legal system, namely statutory, customary and religious law, which results in a lack of compliance of the State party with its obligations under the Convention and leads to continued discrimination against women.

23. The Committee urges the State party to take proactive and innovative measures, including full domestication of the Convention, to remove contradictions between the three legal systems and to ensure that any conflict of law with regard to women's rights to equality and non-discrimination are resolved in full compliance with the provisions of the Convention and its general recommendation 21 on equality in marriage and family relations. It also urges the State party to step up its efforts at awareness raising concerning the Convention in order to create an enabling environment for legal reform and legal literacy.

24. The Committee is concerned about the continued prevalence of violence against women and girls, including domestic violence and sexual harassment at the workplace. The Committee notes with concern that a bill on violence against women proposed in 2002 has yet to be acted on by the National Assembly.

25. The Committee urges the State party to place high priority on putting in place comprehensive measures to address all forms of violence against women in the family and in society and to recognize that such violence constitutes a violation of the human rights of women under the Convention, and in the light of general recommendation 19 on violence against women. The Committee calls upon the State party to speed up its efforts at adoption of legislation on violence against women, including domestic violence and sexual harassment, and to ensure that all forms of violence against women are prosecuted and punished with the required seriousness and speed. The Committee stresses that all women victims of violence should have access to protection and effective means of redress. The Committee recommends gender-sensitive training for public officials, in particular for law enforcement personnel, the judiciary and health service providers, and the establishment of shelters and other services for victims of violence and sexual harassment. The Committee invites the State party to undertake awareness raising measures through the media and public education programmes to make such violence socially and morally unacceptable.

26. The Committee expresses concern about the persistence and social acceptability of harmful traditional practices, including widowhood practices, female genital mutilation, child and forced marriage, despite prohibitions in State or Federal legislation.

27. The Committee urges the State party to place the elimination of such practices high on the agenda of the federal and state governments and to bring to an immediate end the apathy of law enforcement agencies with regard to implementation of existing legislation. It calls on the State party to intensify its efforts at developing and implementing a national plan of action, including public awareness-raising campaigns targeted at women and men, in order to eliminate the practice of female genital mutilation and widowhood practices. It urges the State party to ensure full compliance with the Child Rights Act 2003, which set the statutory minimum age of marriage at 18 years in all parts of the country. The Committee encourages the State party to undertake such efforts in collaboration with civil society organizations, women's NGOs, and traditional and religious leaders, so as to build alliances and create an enabling environment for the accelerated elimination of such practices, and to achieve compliance with the Convention.

28. The Committee, while recognizing the efforts of the State party to combat trafficking in women and the exploitation of the prostitution of women, such as adoption of the Trafficking in Persons Prohibition) Law Enforcement and Administration Act, 2003, and the appointment of a high-level official on human trafficking and child labour, expresses its concern about the prevalence and extent of this problem in Nigeria, which has become a country of origin and transit of trafficked women and girls. The Committee notes with concern that the transmission of sexually transmitted diseases and HIV/AIDS is further exacerbated by sexual exploitation in Nigeria.

29. The Committee urges the State party to ensure full implementation of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2003, and to develop a comprehensive strategy to combat trafficking in women and girls, including prosecution and punishment of offenders, counselling and rehabilitation of victims, awareness-raising and training activities for those involved in combatting trafficking. It calls on the State party to intensify international, regional and bilateral cooperation with other countries of origin, transit and destination for trafficked women and girls. It also recommends the introduction of measures aimed at improving the economic situation of women so as to eliminate their vulnerability to traffickers.

30. The Committee expresses concern at the low enrolment rates and educational achievement of girls and women, the continuing high rates of illiteracy of women and girls, in particular in rural areas, and the decline in the quality of education.

31. The Committee urges the State party to ensure full implementation of its Universal Basic Education Policy, launched in 1999, and the educational objectives contained in the National Policy on Women, including with the support of the international community. It calls on the State party to further prioritize action in the field of girls' and women's education and to raise awareness about the importance of education as a fundamental human right and the basis for women's empowerment. It urges that targeted measures with a concrete time frame be taken, in accordance with general recommendation 25 on temporary special measures, in order to increase the literacy level of girls and women, in particular in rural areas, to ensure equal access of girls and young women to all levels of education, to prevent girls from dropping out of school, in particular due to early pregnancy, and to overcome traditional attitudes that constitute obstacles to girls' education. It also encourages the State party to ensure accessibility of schools to all children, particularly girls, to create further incentives for parents to send girls to school, and to step up the recruitment of qualified women teachers at all levels of education.

32. The Committee expresses concern about the persistence of discriminatory legislation, administrative provisions and practices in the labour market. It is also concerned about women's higher unemployment rates, the persistent wage gap in the private and public sector and the lack of adequate social protection for women in the private sector.

33. The Committee urges the State party to ensure equal opportunities for women and men in the labour market, including through the use of temporary special measures in accordance with article 4, paragraph 1, of the Convention and the Committee's general recommendation 25.

34. The Committee expresses concern at the precarious situation of women's health, the insufficient and inadequate health-care facilities and family planning services and the lack of access to such facilities and services. The Committee is concerned about the high rates of maternal mortality as a result of unsafe abortions. It is also concerned about the persistence of traditional practices that are harmful to the physical and mental health of women and girls.

35. The Committee urges the State party to allocate adequate resources to improve the status of women's health, in particular with regard to maternal and infant mortality. It urges the State party to increase women's and adolescent girls' access to affordable health-care services, including reproductive health care, and to increase access to affordable means of family planning for women and men. It urges the State party to take measures to assess the impact of its abortion laws on women's health. The Committee urges the State party to introduce a holistic and life-cycle approach to women's health, taking into account general recommendation 24 on women and health.

39. The Committee calls on the State party to include, in its next report, statistical data and analysis disaggregated by sex on the impact of its policies for the achievement of gender equality and the implementation of the provisions of the Convention.

(1998)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Nigeria, 07/07/98, A/53/38/Rev.1, paras. 138-174.

16. The Committee notes the predominance of cultural stereotypes that are prejudicial to women. The Committee is also disturbed to learn about the continued existence of such practices as polygamy, inhumane rites undergone by widows, female circumcision, which present serious dangers to the physical and emotional health of women and violate their fundamental human rights.

17. The coexistence of three legal systems, civil, religious and customary, make it difficult to adopt and enforce laws which genuinely protect women's rights.

23. The Committee is concerned by the lack of statistical data in the reports. While there are financial constraints in this context, the use of statistics allows a clearer understanding of progress since the previous report, including in the areas of domestic violence, prostitution, women's labour, including in the informal sector, and women's and children's health.

31. The Committee is concerned there are no statistics and information on AIDS and sexually transmitted diseases in the reports. The Committee also notes that polygamy and prostitution contribute to the spread of sexually transmitted diseases.

32. The Committee recommends that statistical data and information be compiled on the incidence of HIV/AIDs and other sexually transmitted diseases.

33. The Committee is alarmed by the rates of maternal and infant mortality and the lack of medical facilities for women and children.

34. The Committee encourages the Government to increase its efforts to guarantee access to medical services and hospital medical facilities, particularly in the context of women's health needs. The Committee notes that family planning programmes must be available to all, including young women and men and stresses women's right to receive informed and reliable medical care. The Committee recommends that free access to health services should be a priority for Government. In this regard, it recommends that the Government take account of he recommendations of the United Nations Development Programme relating with respect to sustainable human development.

NORWAY
(2003)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Norway, 20/01/2003, A/58/38 (paras. 402-433).

404. The Committee commends the State party for the effective national machinery for the advancement of women and gender equality and the wide range of policies, programmes and legislative initiatives aimed at ensuring de jure equality and at bringing about women's de facto equality with men.

406. The Committee welcomes the State party's policy of strengthening the promotion and protection of women's human rights and of integrating a gender dimension into its development cooperation programmes.

411. The Committee is concerned about the persistence of stereotypical cultural attitudes towards women reflected in the low proportion of women in top leadership positions in the public sector, including in academia, which remains well below 20 per cent.

412. The Committee recommends that the State party take additional measures to eliminate stereotypical cultural attitudes, including through awareness-raising campaigns directed at both women and men, and conduct research into the stereotypical cultural attitudes prevailing in Norway. It suggests that the State party consider changing the name of the Ministry of Children and Family Affairs to convey the concept of gender equality more clearly as a symbolic and important gesture. The Committee furthermore recommends that the State party encourage the media to project a positive image of women and of the equal status and responsibilities of women and men in the private and public spheres.

413. While acknowledging the adoption in 2001 of the State party's plan of action against racism and discrimination, the Committee expresses concern about the multiple discrimination faced by migrant, refugee and minority women with respect to access to education, employment and health care and exposure to violence.

414. The Committee urges the State party to take effective measures to eliminate discrimination against migrant, refugee and minority women and to further strengthen its efforts to combat xenophobia and racism. It also urges the State party to be proactive in its measures to prevent discrimination against these women, both within their communities and in society at large, and to increase their awareness of the availability of social services and legal remedies. The Committee recommends that the State party ensure that a gender dimension is included in legislation against ethnic discrimination.

415. The Committee is concerned about the existence of various obstacles to the integration of migrant and refugee women into Norwegian society and regrets that the report provides insufficient information about their situation.

416. The Committee recommends that the State party strengthen its efforts to, inter alia, enable and encourage migrant and refugee women, particularly those with care-giving responsibilities, to participate in Norwegian-language classes and calls on the State party to provide comprehensive information on this group of women - including in respect of their employment, social security and access to health care and other social services - in its next periodic report.

417. The Committee expresses concern that the policy of decentralization has reduced the number of institutions responsible for gender equality issues at the municipal level, which may have a negative impact on the advancement of women and gender equality.

418. The Committee recommends that the State party undertake a gender-impact analysis of its decentralization policy and guarantee, if necessary through legislation, that there are institutions responsible for gender equality issues in all communities in Norway.

419. The Committee is concerned about the persistence of violence, including domestic violence, against women and children in Norway. It is further concerned that this violence, the extent of which is unknown, is regarded as falling into the private sphere. The Committee is furthermore concerned that a predominant and growing number of women who seek refuge in shelters for battered women are migrants. It is also concerned that an extremely low percentage of reported rapes results in convictions and that the police and public prosecutors dismiss an increasing number of such cases.

420. The Committee urges the State party to intensify its efforts to address the issue of violence against women, including domestic violence, as an infringement of women's human rights. In particular, the Committee urges the State party to undertake appropriate measures and introduce laws in conformity with general recommendation 19 to prevent violence, prosecute and rehabilitate offenders, and provide support services and protection for victims. The Committee also urges the State party to initiate research and analysis of the causes of the very low percentage of trials and convictions in reported rape cases.

421. The Committee notes with concern that trafficking in women and children for the purpose of sexual exploitation has not yet been defined explicitly as a crime under the penal code, nor has it been criminalized.

422. The Committee urges the State party to enact relevant legislation in this regard.

423. While noting that the State party offers some measures of support to victims of trafficking, both within its territory and in their countries of origin, the Committee notes with concern that the gravity and extent of the problem remain unknown.

424. The Committee requests the State party to include in its next periodic report comprehensive information and relevant data, including on progress made in this area. It also recommends that the State party develop and strengthen measures of support for victims of trafficking, including through increased bilateral cooperation with their countries of origin. It further urges that the training of law enforcement officials be pursued so as to enable them to provide adequate support for victims of trafficking.

425. While noting that the State party has placed the issue of forced marriages and female genital mutilation on the political agenda for the past few years, and has developed action plans and taken other political measures, the Committee is concerned at the extent of these practices.

426. The Committee requests the State party to continue its efforts to eradicate those practices.

429. The Committee is concerned that women remain disadvantaged in the labour market, particularly that a wage gap between women and men persists and that the presence of women, as compared with that of men, predominates in part-time work.

430. The Committee urges the State party to adopt policies and concrete measures to accelerate the eradication of pay discrimination against women, to further study the underlying causes of the wage gap and to work towards ensuring de facto equal opportunities for women and men in the labour market. The Committee recommends that further measures allowing for the reconciliation of family and professional responsibilities be adopted and implemented and that the equal sharing of domestic and family tasks between women and men be promoted.

(1995)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Norway, 31/05/95, A/50/38, paras. 452-495.

466. Despite all the steps taken to assist and support victims of sexual abuse (incest, rape, etc.), violence against women does not seem to have been reduced. The members wanted to know if any study has been carried out on the causes of this phenomenon so as to find out which aspects of the society are responsible for these crimes. The representative stated that several studies have been carried out in order to understand the causes of violence and which aspects of society may be responsible for such crimes. The findings on these studies, however, differ depending on their theoretical framework.

469. As to the increasing incidence of child abuse, the Committee noted the establishment of centres for incest victims. The members wanted to know if preventive and rehabilitative measures also are directed to the abusers. Is there legislation dealing with this issue? The representative stated that the fourth periodic report described two measures directed to abusers. The Ministry of Social Affairs has provided funds for three treatment projects for persons convicted of sexual crime. A reference group will evaluate the projects and present proposals for treatment of sexual criminals. One major issue of the research programme (1992-1996) on sexual violence was the role of men as abusers and the preventive measures related to abusers.

470. The members wanted to know what the situation is concerning the sex business in Norway. What is the Government's policy here? The representative explained that in Norway, sex business has been considered to be comparatively limited. In recent years, a tendency towards more hard core pornography has been observed. It is also assumed that prostitution may be increasing because of the internationalization of the sex trade. Sex trade in various forms has been regarded as a serious matter by the Government. In this respect, combatting child pornography and focussing on the persons that profit from prostitution have been among the concerns of the Government. The major approach has been to sharpen the provisions in the Penal Code relating to pornography and pimping. In relation to prostitutes, the authorities have initiated and supported several projects aimed at both preventing prostitution and motivating prostitutes to leave prostitution. Detailed information was presented in the fourth periodic report.

489. The Committee also welcomed the Government's holistic approach towards solving the issues connected with prostitution.

492. The Committee voiced concern over patterns of violence against women, including incest.

494. The Committee encourages the Government to take serious steps to address the problem of violence against women. It further suggests that attention be paid to the issue of violence against migrant women and trafficking in women.

PANAMA
(1998)

Concluding Observations of the Committee on the Discrimination against Women: Panama, 02/07/98, A/53/38/Rev.1, paras. 175-205.

27. The Committee expresses deep concern at the general situation of working women in Panama. Despite the legal provisions guaranteeing equal pay for equal work, the reality was different. Women continue to be discriminated against in the workplace. In addition, women have no effective protection with respect to maternity leave and breast-feeding breaks. Further, although often better educated than men, women account for only 28% of the economically active population.

28. The Committee recommends the initiation of a campaign by the national machinery to guarantee that equality of treatment in the workplace. It further recommends that legislation on the right to maternity leave and breast-feeding be implemented vigorously to ensure adequate protection for women.

31. The Committee expresses deep concern in connection with the reproductive health of Panamanian women and an apparent setback in the treatment of the right to abortion in cases where the pregnancy is the result of rape.

32. The Committee recommends that multi-disciplinary measures should be taken to provide special care to the victims of sexual violence and should include legal and psychological assistance for the victim. It also recommends that Panamanian women whose pregnancies are as a result of rape should be granted the opportunity to seek termination of such pregnancies.

41. The Committee expresses concern at the discriminatory treatment received by women engaged in prostitution in Panama, especially the statement that a prostitute would find it difficult to seek legal redress in the case of rape since the Code still required the victim in that situation to be chaste and virtuous in order to be able to institute legal proceedings.

PARAGUAY
(1996)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Paraguay, 09/05/96, A/51/38, paras. 105-133.

108. The representative gave details of several programmes that the Government, non-governmental organizations and women's organizations had been implementing. Despite gains made in women's education, 6 out of 10 illiterate persons in the country were women, mainly from rural areas, and the levels of school retention were very low, especially for girls. The country had one of the highest rates of maternal death in the Latin American region, with abortion being the second most common cause of maternal death.

109. The proportion of women heads of households was very high and those households tended to be among the poorest. There had been some improvements in the granting of loans to women for micro-enterprises, as well as for housing. While segregation of jobs and education was easing and stereotyping in educational materials was being examined, disparities in economic activity and remuneration between women and men were very high. Some measures had been introduced to penalize and prevent violence against women, to regulate prostitution and to provide education on AIDS and sexually transmitted diseases.

118. The Committee noted the Government's recognition of the serious problem of violence against women, which had been declared a public health problem.

123. The Committee expressed great concern at the high level of easily preventable maternal mortality - one of the highest in the region - and of extremely unsafe abortions, especially among very young girls, as well as the high fertility rate and limited access to basic health and family planning services. It stressed that this situation was particularly serious among rural women, most of whom did not benefit from the right to health guaranteed by the Convention.

126. The Committee expressed its serious concern at the situation of rural women, who constituted the majority of the country's female population and whose living conditions were characterized by a lack of primary health care, limited access to education and a high drop-out rate.

131. The Committee called upon the State party to fulfil its obligations with respect to all the rights set out in Article 12 of the Convention. It stressed the urgency for the State party to take measures to deal with the high level of maternal mortality and illegal abortions and to consider reviewing the punitive measures of the law of abortion, in accordance with the Beijing Platform for Action. It also recommended that the State party provide sufficient and adequate family planning services and information.

PERU
(2002)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Peru, 15/08/2002, A/57/38 (part 3, paras. 463-502).

466. The Committee commends the State party on the efforts made to implement the Convention through the formulation and adoption of numerous programmes, laws, plans and policies for the advancement of women, including the Educational Development of Rural Girls and Adolescents Act promulgated in 2001, the 2002-2006 National Plan for Adults of Full Age, which contains special measures for adult women of full age, the 2002-2007 National Plan of Action against violence towards women and the National Programme against Family Violence and Sexual Abuse created in April 2001.

469. The Committee notes with satisfaction the inclusion of the promotion of equal opportunities without discrimination in the "Governance Agreement", which contains 29 concerted State policies for the next 20 years.

470. Although the Committee welcomes the creation of the Ministry of Women and Social Development with responsibility for overseeing fulfilment of the international commitments concerning women's rights, it is concerned to note that the Ministry does not play its rightful role as guiding and normative agency for the formulation and development of policies and programmes to promote equality, or have a large enough budget. It is also concerned that the Ministry does not have an explicit mandate enabling it to guarantee and require the various sectors of government to promote plans and programmes geared to gender equality.

471. The Committee encourages the State party to strengthen the role of the Ministry of Women and Social Development as a guiding and normative body, with an adequate budget, and to give it the necessary funding for the formulation and development of polities and programmes geared to gender equality. The Committee also recommends that the State party should give the Ministry greater authority within the framework of the State institutions to ensure effective gender mainstreaming in all sectors of government and to promote gender equality.

472. The Committee is concerned that, although the report states that the National Equal Opportunity Plan for Women and Men 2000-2005 remains in force, the Plan lacks a strategic vision designed to achieve fundamental changes in the status and position of women and that policies have not been proposed to the State for the promotion of equality and gender mainstreaming in the various sectors of government.

473. The Committee recommends that the process of review and consultation should continue for the elaboration of a new plan, including civil society and in particular women's organizations, with a view to its prompt approval scheduled for 2002.

474. Although there is a new poverty relief strategy for 2001-2006, the Committee is concerned about the lack of poverty eradication programmes geared specifically to the female population.

475. The Committee recommends that the State party include a gender perspective in poverty eradication strategies and programmes and, when appropriate, introduce temporary special measures, in conformity with article 4, paragraph 1, of the Convention, with a view to eradicating poverty among women, especially rural women.

476. The Committee is concerned that, although there is an Act for prevention, protection and attention to violence in the family and another Act requiring public criminal proceedings in cases of crimes against sexual freedom, as well as a National Programme against Family Violence and Sexual Abuse, the figures for violence towards women are still very high. The Committee is concerned that there is no centralized register for sex crimes, that proper attention has not been given to sexual abuse and that incest has not been characterized as a specific offence. Moreover, the Committee' is concerned about the lack of specific legislation to combat sexual harassment.

477. The Committee requests the State party to take into account General Recommendation No. 19 on violence towards women, and to guarantee systematic implementation of the National Programme of Action and of all the laws and measures relating to violence towards women and to monitor their impact. The Committee also urges the State party to guarantee that such violence wilt be prosecuted and punished with due speed and severity and to ensure that women subjected to such violence receive compensation and immediate protection and that the conciliation procedure envisaged in the law on family violence is not used to exonerate the perpetrators. The Committee recommends that the State party should conduct campaigns to increase awareness, including zero-tolerance campaigns, with the aim of making violence towards women socially and morally unacceptable. The Committee recommends that the State party should reinforce measures to guarantee that public officials - in particular the judiciary, health sector workers, police and social workers - are alert to all types of violence towards women. The Committee also recommends that the State party should collect specific data on all types of violence against women. The Committee requests the State party to categorize incest as a specific crime under the Penal Code and to promulgate specific legislation to combat sexual harassment.

478. The Committee notes with concern that gender-based discrimination persists in the labour market, including limited and low-level job access for women and their reduced access to resources and new technologies. The Committee is also concerned about wage discrimination and vertical and horizontal segregation. The Committee is concerned at the precarious conditions of women working in the informal sector and at part-time work, who have no labour protection, no access to social security and no due respect for their labour rights. It is also of concern to the Committee that legislation preventing discrimination in employment appears to be based on criminal penalties only and that appropriate civil remedies do not exist.

479. The Committee recommends that the necessary measures should be taken to guarantee implementation of the provisions of article 11 of the Convention and application of the International Labour Organization Conventions, in particular those on non-discrimination in employment and equal remuneration for women and men. The Committee recommends that measures should be taken to eliminate occupational segregation, in particular through education and training.

480. The Committee is concerned that, although progress is observed in the composition of Congress and in local government, as a result of the provisions adopted, the participation of women in Congress, in the judicial area and at the country's senior levels of politics and administration still seems inadequate.

481. The Committee recommends that strategies should be adopted to increase the number of women involved in decision-making at all levels, through the adoption of temporary special measures in accordance with article 4, paragraph 1, of the Convention, and that the State party should strengthen its activities to promote women to posts of responsibility in both the public and private sectors, with special training programmes and publicity campaigns on the importance of, women's participation in development planning and decision-making.

482. The Committee is concerned about the situation of women's health and particularly their reproductive health. The Committee is especially concerned about the disappearance of the Women, Health and Development Programme. The Committee notes with concern the high maternal mortality rate and particularly mortality resulting from illegal abortions, including among adolescents, and the requirements that may prevent women from obtaining medical treatment in abortion cases. The Committee is also concerned about the inadequacy of sex education and the limited dissemination, availability and supply of all contraceptive methods, particularly among indigenous women and in the most vulnerable sectors of the population, as well as among adolescents. The Committee notes with concern that the rate of HIV/AIDS infection among women is increasing, particularly among young women.

483. The Committee urges the State party to consider the possibility of reviving the Women, Health and Development Programme. The Committee recommends that the State party should give priority to the situation of the adolescent population and also urges it to adopt measures to strengthen the family planning programme and to guarantee access to sexual and reproductive health services, attending to the information needs of the population, particularly adolescents, by pursuing programmes and policies geared to increasing knowledge about various contraceptive methods and their availability, on the understanding that family planning is the responsibility of both partners. It also urges the State party to promote sex education for the entire population, including adolescents, giving special attention to efforts to prevent and combat HIV/AIDS and to improve the dissemination of information about risks and ways of transmission.

484. The Committee notes with concern that, in the period covered by the report, mention is made of numerous cases of sterilization of women without prior informed consent, using psychological violence or the promise of financial incentives, thus affecting women's right to decide the number and spacing of their children. The Committee is also concerned that, although the Deputy Defender for Women's Rights and other organs have condemned these practices, those responsible have not been punished.

485. The Committee recommends that all necessary measures should be taken to continue to provide the service of surgical sterilization so as to give women the right of free choice as regards their reproductive health, after they have been duly informed of the medical details and consequences of the operation and have given their consent. The Committee also recommends that a recurrence of these incidents should be avoided in the future. It further recommends that efforts should be continued to bring before the courts the persons responsible tor this violation of the right to health.

486. The Committee is concerned about the dearth of information on the treatment of women and girls and the exploitation of prostitution.

487. The Committee requests the State party to include information and data in its next report on steps taken to prevent and combat trafficking in women and girls and the exploitation of prostitution, and on steps taken to protect and, where applicable, rehabilitate and reintegrate women and girls who are victims of these abuses. The Committee urges the State party to apply the laws prohibiting the exploitation of the prostitution of women.

488. The Committee notes with concern that the minimum age at which a girl can legally contract matrimony - 16 years, and in exceptional cases 14 years - is very young, resulting in serious risks to girls' health and preventing them from completing their education.

489. The Committee urges the State party to take measures to raise the minimum legal age for girls to contract matrimony in order to bring it into line with article 1 of the Convention on the Rights of the Child, which defines a "child" as anyone under the age of 18 years, and with article 16, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination against Women. The Committee urges the, State party to conduct awareness-raising campaigns on the negative implications of early marriage for the health and education of girls.

490. Despite the reduction in the general illiteracy rate, the Committee expresses its concern at the high rate of illiteracy in the female population, especially in rural areas. Another matter of concern to the Committee is the high number of school dropouts among girls and adolescents in rural areas.

491. The Committee requests the State party to set up programmes specially designed to reduce female illiteracy, in particular among women and girls in rural areas, and to keep girls in school.

492. The Committee is concerned at the persistence of traditional stereotypes associated with women's and men's roles and responsibilities in the family and in society in general.

493. The Committee requests the State party to design and implement comprehensive educational programmes and to urge the communications media to help modify cultural patterns of conduct in the publicizing and planning of entertainment in relation to women's and men's roles and responsibilities, in accordance with article 5 of the Convention. The Committee also recommends that policies should be developed and programmes implemented to ensure the elimination of stereotypes associated with traditional roles in the family, workplace, politics and society in general.

494. Although the Committee recognizes that the State party is taking action in the Amazon region, through the National Institute for Family Well-Being, primarily for children and adolescents living in situations of risk or abandonment, it is concerned that there are no specific programmes for indigenous women.

495. The Committee recommends that the State party should strengthen the current programme and set up specific programmes for indigenous women in order to improve their economic, social and family situation and develop their economic skills, and to promote respect for their rights on an equal footing with men.

496. The Committee is concerned at the lack of data in the reports on the emigration of women and girls, in order that their rights may be ensured on an equal footing with those of men.

497. The Committee requests the Government to include data in its next report on the emigration of women and girls and on the measures the State is adopting to ensure their protection.

498. The Committee is concerned that the report does not contain sufficient information on the situation of women belonging to minority groups, in particular women of African descent.

499. The Committee requests the State party to provide information in its next periodic report on the situation of women belonging to minority groups, especially on the situation of women of African descent in terms of health, education and employment.

(1998)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Peru, 08/07/98, A/53/38/Rev.1, paras. 292-346.

21. The Committee recommends that the greatest possible care should be given to such women, who, in the main, were heads of household, and who should be the beneficiaries of programmes to promote their participation in the labour force together with access for them and their families to education, health care, housing, drinking water and other essential services.

34. The Committee expresses concern at the effects of regulating prostitution, and expresses an interest in knowing whether such regulation had had the effect of protecting the rights of prostitutes and preventing them from falling victim to violence, trafficking and exploitation and from contracting diseases or whether, on the contrary, it had had the effect of protecting the health of the clients and making it easier for them to obtain sexual services.

36. The Committee expresses concern at the fact that, although it mentioned Act No. 26260 on domestic violence, the report does not make reference to any specific measures taken to deal with cases of violence, including incest, the incidence of which was extremely high. Moreover, the Committee is deeply disturbed by the instances of sexual violence against rural and indigenous women and the high rate of sexual abuse of teenagers and girls in the emergency zones.

37. The Committee recommends that the Government take the necessary practical measures to implement the Act and make the necessary efforts to treat the victims and to provide training to police officers, members of the army, and court, medical and paramedical personnel, psychologists, and nursing staff whose job it was to treat the victims. The Committee also recommends that official records be kept and the necessary monitoring system be established so as to make it possible to evaluate the magnitude of the problem and how it was evolving. The women's police offices had been a valid initiative to deal with such situations but they appeared to be insufficient.

46. The Committee notes with concern that maternal and infant mortality rates and teenage pregnancy rates were high and that malnutrition and preventable diseases are common, all of which contributed to a truly serious picture of the Peruvian health system. It notes that the main factor which affected women primarily in the most disadvantaged sectors was lack of resources to avail themselves of medical care when needed and with the necessary speed.

47. The Committee recommends that all due efforts be made so that such women can exercise their right to health and receive proper care and the necessary information from medical and paramedical personnel as part of basic respect for their human rights.

48. The Committee notes with concern that there is a close link between the number of abortions performed and the high maternal mortality rate, and it stresses that criminalizing abortion did not discourage abortions, but rather had the effect of making the procedure unsafe and dangerous for women.

49. The Committee recommends that the Government of Peru review its law on abortion and ensure that women have access to full and complete health services which include safe abortion and to emergency medical attention when complications arise from abortions. The Committee also requests that information be included in the next periodic report on the implementation of these measures and on the health services that are available to women who need emergency medical attention as a result of complications arising as a result of abortion.

50. The Committee expresses concern at the lack of information and lack of access to adequate contraception among poor women in urban and rural areas, indigenous women and teenage girls.

51. The Committee recommends the establishment of family planning programmes that emphasized sex education, use of adequate contraception and responsible use of sterilization services where necessary, with the patient's express authorization and after the consequences of such procedure had been fully explained. To that end it expresses itself in favour of guaranteeing and promoting the exercise of patient's rights in that area.

52. The Committee also expresses an interest in the implementation of programmes to prevent cervical and breast cancer, which are major causes of mortality among women, and in programmes to prevent the spread of HIV/AIDS and the programmes available to treat this disease.

(1995)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Peru, 31/05/95, A/50/38, paras. 398-451.

438. The Committee raised concern about reports of rape, gang rape and custodial rape which had been documented by human rights organizations, especially those occurring in the "emergency zones" and affecting indigenous and peasant women.

443. The health status of women and children in Peru was of great concern to the Committee, particularly as regards high maternal mortality rates resulting from clandestine abortions.

444. The Committee calls upon the Government to ensure the provision of social services as education, employment and health as this greatly affects women.

446. The Committee urges the Government to look into the causes of high maternal mortality rates arising from clandestine abortions and to review the law on abortion, taking into consideration the health needs of women and to consider suspending the penalty of imprisonment for women who have undergone illegal abortion procedures.

447. The Committee suggests further that the Government seek the cooperation of medical associations and of judges and lawyers to consider more expansive use of the therapeutic exception to the criminal prohibition of abortion, in cases of danger to the mother's health.

PHILIPPINES (1997)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Philippines, 28/01/97, A/52/38/Rev.1, paras. 275-305.

286. The Committee noted with satisfaction several measures taken between the third and fourth periodic reports, such as the provision of credit assistance to women, legislation prohibiting sexual harassment, raising the minimum wage for domestic workers and increasing maternity and paternity benefits for employed persons.

292. The Committee commented on the discriminatory application of laws enforced against women prostitutes and not the men involved as traffickers, pimps and clients, and noted further that forced medical examinations of the women without similar attention to the male clients was not effective as a public health measure.

299. The Committee suggested that measures for dealing with prostitution should focus on penalizing traffickers and creating alternative job opportunities for the women.

301. The Committee recommended that reproductive and sexual health services, including family planning and contraception, be made available and accessible to all women in all regions.

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