Concluding Observations of the Committee Against Torture

ALBANIA (2003)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Albania, 24/01/2003, A/58/38 (part 1, paras. 52-86).

56. The Committee welcomes the early establishment of a national machinery for the advancement of women and gender equality and the establishment of the Office of the People's Advocate (Ombudsman), which may investigate claims of violations of human rights, including women's rights, and make recommendations to redress the violations.

57. The Committee welcomes the efforts undertaken by the State party to improve the collection of data and statistics on women and the establishment of the Information and Documentation Centre as well as its cooperation with the national institute for statistics. It also welcomes the decision to implement specific employment programmes for women in the second half of 2003.

60. While noting that the Constitution and a number of laws prohibit discrimination on the basis of sex, the Committee expresses concern that the State party has not undertaken a comprehensive review of laws to ensure conformity with the Convention and that some provisions discriminating against women may continue to exist.

61. The Committee urges the State party to review all existing laws and amend remaining discriminatory provisions so that they become compatible with the Convention and the Committee's general recommendations. It encourages the speedy adoption of the Family Code under revision, including the provision for equality between women and men in the minimum age of marriage.

62. The Committee is concerned that women have seldom used existing laws to challenge acts of discrimination and that there is no record of court decisions in which women have obtained redress for such acts.

63. The Committee urges the State party to ensure that Albanian law provides adequate, accessible and affordable enforcement procedures and legal remedies for violation of women's human rights. The Committee invites the State party to provide, in its next report, information about complaints filed in courts on the basis of the Convention, as well as any court decisions that refer to the Convention.

64. The Committee is concerned that there is a lack of familiarity with the Convention and the opportunities for its application and enforcement, including among the judiciary, law enforcement personnel, non-governmental human rights and women's organizations and women themselves.

65. The Committee recommends the introduction of education and training programmes on the Convention, in particular for parliamentarians, the judiciary and law enforcement personnel. It recommends that awareness-raising campaigns targeted at women be undertaken so that women can avail themselves of procedures and remedies for violations of their rights under the Convention.

66. While welcoming the efforts of the Committee for Equal Opportunities, the Committee expresses its concern that the national machinery for the advancement of women does not have sufficient visibility, power or financial and human resources to effectively promote the advancement of women and gender equality.

67. The Committee recommends that the State party strengthen the existing national machinery in order to make it more effective by providing it with adequate visibility, power and human and financial resources at all levels and enhancing coordination among the existing mechanisms at the national and local levels for the advancement of women and the promotion of gender equality. It also recommends that gender mainstreaming in all ministries, policies and programmes be strengthened through gender training and the creation of focal points.

68. The Committee is concerned about the persistence of entrenched traditional stereotypes regarding the role and responsibilities of women and men in the family and in society at large. The Committee is also concerned about the resurgence of discriminatory customary law (kanun) and traditional codes of conduct in some northern areas of the country.

69. The Committee urges the State party to implement measures to eliminate the practice of customary law and traditional codes of conduct discriminating against women. The Committee further urges the State party to design and implement comprehensive programmes in the educational system to ensure eradication of traditional sex role stereotypes in the family, in employment, in politics and in society. The Committee recommends that the State party encourage the mass media to promote cultural changes with regard to the roles and responsibilities attributed to women and men, as required by article 5 of the Convention.

70. Recognizing the efforts made by the State party to address the issue of trafficking in women and girls, including the ratification of the United Nations Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, the Committee remains concerned about the continuing prevalence of this problem in Albania, which has become a country of origin and transit for trafficked women and girls. It is concerned that victims of trafficking are subject to punishment under the Albanian Penal Code. It is also concerned that prostitutes, but not those who exploit prostitutes, are prosecuted and punished.

71. The Committee recommends the formulation of a comprehensive strategy to combat trafficking in women and girls, which should include the prosecution and punishment of offenders. The Committee also 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 the introduction of measures aimed at improving the economic situation of women so as to eliminate their vulnerability to traffickers, education initiatives for vulnerable groups, including teenage girls, and social support, rehabilitation and reintegration measures for women and girls who have been victims of trafficking. It calls on the State party to ensure that trafficked women and girls have the protection and support they need to enable them to provide testimony against their traffickers. It urges that training of border police and law enforcement officials provide them with the requisite skills to recognize and provide support for victims of trafficking. It recommends that the State party review existing legislation and take steps to ensure that victims of trafficking are not penalized and that all those who exploit prostitutes are punished and prosecuted. 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 progress made.

72. The Committee expresses concern about the high incidence of violence against women, including domestic violence. The Committee is concerned that the Albanian Penal Code does not distinguish between acts committed by a stranger and acts committed by a family member, and that no specific legislation has been enacted to combat domestic violence. It is concerned that there is a lack of systematic data collection on violence against women, in particular domestic violence.

73. 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 with the required seriousness and speed. Women victims of violence should have immediate means of redress and protection, including protection orders and access to legal aid. The Committee recommends that measures be taken to provide shelters for women victims of violence in sufficient numbers and to ensure that public officials, especially law enforcement officials, the judiciary, health-care providers and social workers, are fully sensitized to all forms of violence against women. The Committee recommends that the State party devise a structure for systematic data collection on violence against women, including domestic violence. 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.

74. The Committee is concerned about the higher unemployment rate among women than among men. The Committee is concerned that women are not able to receive adequate training and retraining to compete in the job market. The Committee is concerned about discrimination in hiring women, especially in the emerging private sector.

75. The Committee urges the State party to ensure equal opportunities for women and men in the labour market through, inter alia, the use of temporary special measures 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 requests the State party to provide in its next report more detailed information on the situation of women in the labour market, including women's occupations in the different sectors of the economy, their levels of authority and their wages.

76. The Committee is concerned about the situation of rural women, as the majority of the female population, who are discriminated against in practice with respect to owning and inheriting property, and who are disadvantaged by poverty, poor infrastructures, lack of credit, and limited access to education, health-care services and social insurance. Noting the decrease in the school dropout rate of girls, the Committee remains concerned about this continuing problem. The Committee is also concerned that rural women are hardly represented in local government bodies.

77. The Committee urges the State party to give full attention to the needs of rural women and to develop comprehensive policies and programmes aimed at their economic empowerment, ensuring their access to productive resources, capital and credit, as well as education, health-care services, social insurance and decision-making. The Committee requests the State party to undertake a study of the ownership and inheritance of land by rural women and of their general economic, educational and social situation, and to report the results in its next periodic report.

80. While welcoming the State party's collaboration with and recognition of the important role of non-governmental organizations working on women's issues, the Committee notes with concern the insufficient capacity and resources of these organizations, which makes it difficult for them to implement various projects and programmes in support of the human rights of women. The Committee is also concerned that the State party passes on its own responsibilities for protecting and fulfilling women's enjoyment of their human rights to non-governmental organizations and international donors.

81. The Committee recommends that the State party strengthen its support for the work of women's non-governmental organizations and ensure that its obligations under the Convention are fully integrated into its overall governmental responsibilities and not carried out by non-governmental organizations alone.

ALGERIA (1999)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Algeria, 27/01/99, CEDAW/C/1999/I/L.1/Add.2.

20. The Committee notes with satisfaction that Algerian labour legislation contains specific provisions relating to maternity leave and breastfeeding breaks that protect women from discrimination because of their parental responsibilities.

25. The Committee notes with satisfaction that women's health was identified as a priority in the country's health policies and programmes.

37. The Committee is deeply concerned by the large number of women murdered, raped, abducted and subjected to serious physical abuse by terrorist groups in recent years, and by the absence of legal texts that specifically protect women who are victims of domestic and sexual violence

38. The Committee calls upon the Government to protect women in accordance with the provision of the Constitution that states that the State is responsible for the safety of persons and property. The Committee recommends that better care be taken of all women and girls who are victims of terrorist violence.

40. The Committee recommends to the Government that it take specific legislative and structural steps to protect women from such attacks and provide women who are victims of violence with comfort, assistance, advice, guidance and information concerning legal redress. The Committee also recommends that education and awareness training on domestic and sexual violence be made available to police officers, judges, doctors and the mass media to make their intervention more effective.

ANDORRA (2001)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Andorra, 31/07/2001, A/56/38, paras. 23-53.

39. The Committee recommends that high priority be given to efforts to eradicate traditional stereotypes that perpetuate direct and indirect discrimination against women. It encourages the State party to strengthen educational measures, beginning at a very early age, and to increase collaboration with civil society organizations, the media and the private sector in order to achieve a greater balance in the roles and responsibilities of women and men, in particular in the sharing of family duties.

47. The Committee expresses concern at the existence of several discriminatory laws, including the provision of the Marriage Law that requires widowed or divorced women to wait 300 days before remarriage. The Committee urges the State party to review existing legislation, including the Marriage Law, to comply with the Convention.

48. The Committee expresses concern about the punitive abortion laws that could cause women to seek unsafe and clandestine abortion. The Committee suggests that the State party consider the revision of such punitive laws according to general recommendation 24 of the Committee.²

49. The Committee expresses concern that the State party's efforts to eliminate de jure inequality between women and men have not been matched by efforts to eliminate inequality de facto.

50. The Committee encourages the State party to monitor carefully the impact of legislation, policies and programmes to eliminate inequality between women and men and to take steps to ensure that equal rights are enjoyed de facto. It requests the State party to include in its next report detailed information on the impact on women's lives of legislation, policies and programmes aimed at the implementation of the Convention.

ANGOLA (2004)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Angola, 12/16/2004, CEDAW/C/2004/II/CRP.3/Add.3/Rev.1.

14. The Committee welcomes the political will and commitment, expressed in the message by the President of Angola to the Committee and during the constructive dialogue, to the realization of the de facto equality for women and the full implementation of the provisions of the Convention, and to further improve on progress achieved so far in some areas.

15. The Committee welcomes the creation, in 1991, of the State secretariat for the promotion and development of women, which was upgraded, in 1997, to the Ministry of Family and Promotion of Women, with a mandate to define and implement the national policy for the promotion of the rights of women in both public and private sphere. It also welcomes the establishment of gender focal points in all ministries and departments at central and local levels.

16. The Committee commends the State party for enacting a number of laws and adopting strategic plans in support of the goal of gender equality and the implementation of the provisions of the Convention, including the Family Code, the 2004 HIV/AIDS law and the strategic plan on HIV/AIDS; the General Labour Law of 2000; the strategic plan on sexual and reproductive health (2003 -2008); and the national plan for education for all to the year 2015. It further welcomes the strategy and strategic framework for the promotion of gender by the year 2005, deve loped after the special session of the General Assembly entitled "Women 2000: gender equality, development and peace for the twenty -first century" ("Beijing plus 5"), approved by the Cabinet in November 2001.

17. The Committee is concerned that the Convention has not yet been domesticated as part of Angolan law. It notes that, short of such full domestication, the status of the Convention vis -à-vis domestic law is not clarified, nor is it clear if the Convention is justiciable and enforceable in Angolan courts. The Committee also notes with concern that the provisions of the Convention have not yet been widely disseminated nor are they widely known by judges, lawyers and prosecutors .The Committee is further concerned about the lack of proper understanding of and respect for women's human rights and that women themselves are not made aware of their rights, and thus lack the capacity to claim them.

18. The Committee recommends that the State party take immediate measures to ensure that the Convention becomes fully applicable in the domestic legal system. 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 establish firmly in the country a legal culture supportive of women's equality and non-discrimination. It also calls on the State party to disseminate the Convention widely to the general public so as to create awareness of women's human rights. It invites the State party to take special measures to enhance women's awareness of their rights and legal literacy so that they can claim all their rights.

19. The Committee expresses concern that, while article 18 of the Angolan Constitution guarantees equality between women and men and prohibits discrimination on the basis of sex, it does not contain a definition in line with article 1 of the Convention.

20. The Committee urges the State party, as part of its current constitutional review process, to undertake a comprehensive national dialogue on women's rights to equality and non-discrimination and to enshrine in the Constitution a definition of equality and non -discrimination against women, in line with rticle 1 of the Convention, so as to create a solid constitutional basis for the practical realization of women's de facto equality.

21. While noting the existing positive elements for the protection and promotion of women's human rights in the current legal framework, the Committee is concerned about other legislative provisions that discriminate against women, including in the Civil Code, the Commercial Code and the Penal Code, as well as about legislative gaps in certain areas, including vio lence against women.

22. The Committee calls on the State party to embark on a law review process to identify laws that discriminate against women or legislative gaps in the area of equality between women and men with a view to revising such laws or drafting new legislation in order to eliminate provisions that are discriminatory.

23. The Committee is concerned at the strong persistence of patriarchal attitudes and deep -rooted stereotypes regarding the role and responsibilities of women and men in society, which are discriminatory to women. The Committee is concerned that the preservation of discriminatory cultural practices and traditional attitudes serve to perpetuate women's subordination in the family and society and constitute serious obstacles to wome n's enjoyment of their human rights.

24. The Committee urges the State party to view culture as a dynamic aspect of the country's social fabric and life, and subject, therefore, to change. It urges the State party to introduce measures without delay to modify or eliminate cultural practices and stereotypes that discriminate against women, in conformity with articles 2(f) and 5(a) of the Convention, and ensure that women's rights to non-discrimination and equality set forth in the provisions of the Convention prevail. It urges the State party to undertake such efforts in collaboration with civil society organizations, women's groups and community leaders, as well as teachers and the media. It invites the State party to increase its efforts to design and implement comprehensive education and awarenessraising programmes targeting women and men at all levels of society, with a view to creating an enabling and supportive environment to transform and change discriminatory stereotypes and allowing women to exercise their human rights.

25. While recognizing the efforts undertaken by the State party aimed at the reconstruction of the country and its socio-economic fabric after the long years ofarmed conflict, including repatriation, rehabilitation and resettlement of refugees and internally displaced persons, the majority of whom are women, the Committee is concerned that the widespread poverty among women and the poor socio - economic conditions are among the causes of the violation of women's human rights and discrimination against them. The Committee is especially concerned about the situation of women in rural areas, women heads of households, women refugees and internally displaced women returning to their places of origin or migrating to the cities, who often lack access to health, education, services and means and opportunities for economic survival.

26. The Committee urges the State party to make the promotion of gender equality an explicit component of all its national development strategies, policies and prog rammes, in particular those aimed at repatriation, rehabilitation and resettlement, as well as those aimed at poverty alleviation and sustainable development. It urges the State party to pay special attention to the needs of rural women, women heads of household, refugee women and internally displaced women, ensuring that they participate in decision-making processes and have access to health, education, services and income -generation projects. The Committee also invites the State party to place emphasis on the promotion and protection of women's human rights in all development cooperation programmes with international organizations and bilateral donors so as to address the socio-economic causes of discrimination against women.

27. While welcoming the upgra ding of the national machinery for women to the level of Ministry, headed by a Cabinet Minister, the Committee is particularly concerned that it suffers from inadequate human and financial resources, which prevent it from carrying out its functions effectively in promoting the advancement of women and gender equality.

28. The Committee recommends that the State party expeditiously strengthen the existing national machinery and provide it with adequate human and financial resources at all levels, including training and capacity-building for the gender focal points in sectoral ministries and departments, in order to increase its effectiveness in mainstreaming gender perspectives in all policies and programmes and in promoting women's human rights.

29. While it commends the State party for recognizing the gravity and extent of the problem of violence against women and girls and its ongoing efforts to combat such violence, including in cooperation with non -governmental organizations, the Committee is concerned about the lack of specific legislation on violence against women, including on domestic violence, as well as the lack of adequate policies, programmes and services and their effective implementation and enforcement. The committee is also concerned about th e attitude of law enforcement officers towards women who report cases of violence, which results in women victims' reluctance to report such cases of abuse.

30. The Committee urges the State party to place high priority on putting comprehensive measures in place to address all forms of violence against women and girls, recognizing that such violence constitutes a violation of the human rights of women under the Convention and further elaborated in the Committee's general recommendation 19 on violence agains t women. The Committee calls on the State party to enact legislation on violence against women, including on domestic violence and sexual abuse, as soon as possible, so as to ensure that violence against women constitutes a criminal offence, that women and girls victims of violence have access to immediate means of redress and protection and that perpetrators are prosecuted and punished. The Committee recommends that the State party intensify its public awareness - raising efforts on violence against women and implement training for public officials, especially police and law enforcement personnel, the judiciar y and health and social workers and community leaders in order to ensure that they are sensitized to the unacceptability of all forms of violence agains t women and adequately support victims of such violence. The Committee also recommends that the State party take appropriate measures to increase the availability of legal aid throughout the country in order to assist and advise women victims of violence.

33. The Committee is concerned that prostitution continues to thrive, owing to the poverty of women and girls. The Committee is also concerned about the exploitation of prostitutes, especially of young girls, and the lack of information about the efforts to combat this phenomenon. It is also concerned at the lack of information about the extent of trafficking in women and measures taken to address this issue.

34. The Committee urges the State party to pursue a holistic approach in order to provide women and girls with educational and economic alternatives to prostitution, to facilitate the reintegration of prostitutes into society and to provide rehabilitation and economic empowerment programmes to women and girls exploited in prostitution. The Committee further calls on the State party to take appropriate measures to suppress the exploitation of prostitution of women, including through the discouragement of the demand for prostitution. The Committee requests that the State party provide information and data on measures taken to combat this phenomenon in its next report. It also requests the State party to provide in its next report detailed information on trafficking in women and measures taken, including legislation, to prevent trafficking, protect victims and punish traffickers, as well as on the impact of such measures.

35. The Committee is concerned at the poor educational infrastructure, as reflected in the very low budgetary allocation; the lack of, or insufficient number of, schools and teachers; and the poor quality of education. The Committee is concerned that these shortcomings result in a high rate of illiteracy among girls and women, their low enrollment rates in primary, secondary, vocational and higher education, in both urban and rural areas, and in their high drop out rates. The Committee notes that education is a key to the advancement of women and that the low level of education of women and girls remains one of the most serious impediments to their full enjoyment of human rights and the achievement of women's empowerment.

36. The Committee urges the State party to increase its investment in education as a fundamental human right and as a basis for the empowerment of women. It recommends that the State party continue and further prioritize efforts to: improve the literacy level of girls and women; ensure equal access of girls and women to all levels of education in both urban and rural areas; increase the enrollment rates for girls; and take measures to retain girls in school, including through temporary special measures in accordance with article 4, paragraph 1, of the Convention and its general recommendation 25, so as to implement article 10 of the Convention.

37. The Committee expresses concern at the insufficient information about women's de facto situation in the formal and informal labour market. In particular, the Committee lacks a clear picture with regard to women's participation in the labour force in urban and rural areas, their unemployment rates, and the effective application of existing labour legislation in the private sector, the vertical and horizontal labour force segregation and women's ability to benefit from new economic opportunities.

38. The Committee urges the State party to ensure equal opportunities for women and men in the labour market, in accordance with article 11 of the Convention, and the full implementation of the provisions of the General Labour Law by the public and private sectors, including with regard to maternity protection, as provided in article 4, paragraph 2 of the Convention. The Committee urges the State party to intensify its efforts to ensure that all employment-generation programmes are gender sensitive and that women can fully benefit from these programmes. It calls on the State party to provide in its next report detailed information about the situation of women in the field of employment and work, about measures taken and their impact on realizing equal opportunities for women.

39. While welcoming the priority placed by the State party on the rehabilitation of the health sector, the Committee is concerned about the poor health infrastructure, which results in women's lack of access to health services and their low health status. The Committee is especially concerned about women's low life expectancy, high maternal mortality and morbidity rates, high infant mortality rates and inadequate family planning services, low rates of contraceptive use and lack of sex education. The Committee is also concerned about trends in HIV/AIDS infection rates of women.

40. The Committee urges the State party to continue its efforts to improve the country's health infrastructure. It calls on the State party to integrate a gender perspective in all health sector reforms, while also ensuring that women's sexual and reproductive health needs are adequately addressed. In particular, the Committee recommends that the State party undertake appropriate measures to improve women's access to health care and health-related services and information, including access for women who live in rural areas. It calls on the State party to improve the availability of sexual and reproductive health services, including family planning information to reduce maternal mortality. It also recommends that programmes and policies be adopted to increase knowledge of and access to affordable contraceptive methods, so that women and men can make informed choices about the number and spacing of children. It further recommends that sex education be widely promoted and targeted at girls and boys, with special attention to the prevention of early pregnancies and the control of sexually transmitted diseases and HIV/AIDS. It also calls on the State party to ensure the effective implementation of its HIV/AIDS law and policies.

41. Noting that the majority of women live in the rural areas, the Committee is concerned that many live in extreme poverty and lack access to education and vocational training, health care and income -generation opportunities. It is particularly concerned that the State party's rural development strategy does not seem to include attention to the situation of rural women.

42. The Committee urges the State party to ensure that the rights, needs and concerns of rural women are given greater attention and visibility in the country's rural rehabilitation and development strategy. It also calls on the State party to ensure that rural women can participate fully in decision-making in the formulation and implementation of policies and programmes in rural areas. It urges the State party to ensure that rural women and girls have full access to health-care services, education and vocational training, as well as to income-generation opportunities.

43. The Committee is concerned that the report did not contain sufficient sexdisaggregated data in all the areas covered by the Convention. It is also concerned at the lack of studies to accurately assess the real situation of women and the impact of past programmes on gender equality.

44. The Committee requests the State party to provide sex -disaggregated statistical data and analysis in its next report. It also urges the State party to include monitoring and assessment mechanisms in all its policies and programmes so as to be able to assess their impact on the intended goal and to undertake corrective measures. It requests the State party to include insights gained from such studies and analysis in its next report.

ANTIGUA AND BARBUDA (1997)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Antigua and Barbuda, 16/07/97, A/52/38/Rev.1, Part II, paras. 228-272.

244. The Committee complimented the State party on the successful measures it had taken to reduce the birth rate.

248. The Committee welcomed the introduction of measures to address teenage pregnancies and the focus on the situation of the girl child.

258. The Committee was also concerned about the continuing illegality of abortion, which would lead to unsafe abortions. It also noted with concern the lack of family planning education programmes and the fact that contraceptives were not covered by medical benefits schemes.

259. The Committee was deeply concerned about the high level of teenage pregnancy.

260. The Committee expressed concern about the high rate of perinatal mortality.

261. The Committee noted the lack of special measures for women with HIV/AIDS, as well as the absence of measures to address drug addiction among women. The Committee expressed the hope that more information would be given about the problem in the next report.

267. The Committee suggested that Antigua and Barbuda introduce appropriate policies and programmes for sex education and family planning education.

ARGENTINA
(2004)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Argentina, 16/07/2004, CEDAW/C/2004/II/CRP.3/Add.4/Rev.1.

12. The Committee congratulates the State party on the social policies and programmes put in place, particularly in the areas of poverty reduction, job creation and access to education, aimed at repairing the damage done to the social fabric by the serious economic, financial, political and social crisis experienced by the country since 2001.

13. The Committee commends the State party for its measures to increase the participation of women in public life in the renewal process of the country. It particularly welcomes the fact that two women judges have been appointed to the Supreme Court of Justice, and that women now constitute 41.67 per cent of senators, 33 per cent of members of Parliament and 27 per cent of deputies in the provincial legislatures. It also welcomes the fact that, further to the adoption of National Law No. 25.674 and Decree No. 514/2003, known as the Law on Trade Union Quotas, a woman is now part of the presiding body of the confederation of labour.

15. While welcoming the efforts of the State party, the Committee is concerned 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 in the present phase of political, economic and social renewal. The Committee is also concerned that the National Women's Council has a limited role in the governmental structure and that it is not part of the presidential Cabinet.

16. The Committee recommends that the State party strengthen the existing national machinery in order to make it more effective as a catalyst for gender equality in all spheres of life of the country, at the federal as well as the provincial and local levels, by providing it with adequate visibility, power and human and financial resources at all levels and enhancing its ability to coordinate effectively the work of existing mechanisms at the national and local levels. It also calls on the State party to strengthen the machinery's capacity to effectively carry out activities for the advancement of women and the promotion of gender equality, and to ensure that gender perspectives are addressed in all policies and programmes.

17. While welcoming the adoption and implementation of social and economic policies and programmes aimed at offsetting the impact of the crisis in the country, including the National Plan for Food Security, the National Plan for Local Development and Social Economy, the Family Plan, the Economic Emergency Law, the Emergency Health Law, the National Programme on Food Emergency and the Unemployed Head of Household Programme, the Committee is concerned that women are mainly beneficiaries of these measures rather than being equal participants and actors in their design and implementation. The Committee is concerned that this approach will perpetuate stereotypical views of the role of women and men rather than effectively support women's political and economic empowerment.

18. The Committee recommends that the State party emphasize a women's - empowerment approach and incorporate gender perspectives in all its social and economic policies, programmes and projects so as to ensure that they support the goal of gender equality and women's enjoyment of their human rights. It invites the State party to periodically assess such measures and their impact on women so as to ensure that they do not perpetuate discrimination against women.

19. The Committee is concerned about the poor working conditions women endure in both the formal and informal sectors of the economy. It is particularly concerned about the persistence of wage disparities between women and men, which are discriminatory, and about the lack of social benefits and services for women. The Committee is concerned that in the prevailing situation of economic difficulty and uncertainty, women may face even greater obstacles than usual in claiming their rights and taking steps against discriminatory practices and attitudes in their employment and economic activities.

20. The Committee urges the State party to make all necessary efforts to ensure the enforcement of legislation requiring employers to provide equal pay for equal work, as well as efforts to ensure that women receive adequate social benefits and services. It also calls on the State party to ensure full adherence to existing legislation so that women can use means of redress without fear of reprisals from employers.

21. The Committee is concerned about the situation of rural women, particularly in view of their extreme poverty and lack of access to health care, education, credit facilities and community services.

22. The Committee urges the State party to pay special attention to the needs of rural women, ensuring that they participate in decision -making processes and have full access to education, health services and credit facilities.

23. The Committee expresses concern about the increase in the incidence of violence against women, including domestic violence and sexual harassment in the workplace, which might be correlated to the crisis in the country. The Committee is also concerned that perpetrators of acts of violence are often unpunished.

24. The Committee urges the State party to ensure that a comprehensive approach is taken to address violence against women and girls, taking into account its general recommendation 19 on violence against women. This must include the effective implementation of the existing legislation, at the provincial level, to combat all forms of violence against women. In addition, the Committee urges the State party to consider enacting a law, at the federal level and applicable to the entire territory of the country, aimed at combating and eradicating violence against women and at ensuring that women who are victims of violence and sexual harassment have access to protection and effective redress, that perpetrators of such acts are effectively prosecuted and punished and that women are effectively protected against reprisals. The Committee also recommends that the State party launch a national public - awareness campaign on violence against women, and the social and moral unacceptability of such violence especially in the current difficult time the country is experiencing, and increase its efforts to provide gender -sensitive training on violence against women as a violation of women's human rights for public officials, particularly law enforcement pers onnel, the judiciary and health services providers.

25. While appreciating the establishment of the National Programme for Sexual Health and Responsible Parenthood, the Committee is concerned about the lack of information on the State party's efforts to evaluate the effectiveness of that Programme. The Committee also expresses concern about the high pregnancy rate among adolescents, the high rate of maternal mortality, one third of which is caused by illegal abortion, and the increase in sexually transmitted diseases, including HIV/AIDS. The Committee is also concerned that the crisis is having a negative impact on women's and adolescent girls' access to comprehensive health services, particularly for reproductive and sexual health.

26. The Committee urges the State party to ensure that women's and adolescent girls' access to health services, including sexual and reproductive health services, is fully ensured at the present ti me. It calls upon the State party to ensure that education on sexual and reproductive health is undertaken in all schools. It also urges the State party to adopt all necessary measures to reduce the high maternal mortality rate, as well as the rate of sexually transmitted diseases, including HIV/AIDS, among women. The Committee requests the State party to include in its next periodic report comprehensive information on the evaluation of the National Programme for Sexual Health and Responsible Parenthood.

27. The Committee is concerned that the report provided insufficient data on the types of vocational and technical education , by sex and field of study, and insufficient information on how sex education is taught and at which levels.

28. The Committee requests the State party to include in its next report comprehensive data and information on women's educational situation and opportunities, including in respect of vocational education. The Committee requests the State party to provide in its next report information about the availability and provision of sex education.

(2002)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Argentina, 16/08/2002, A/57/38 (part 3, paras. 350-369)
.
353. In the framework of a constructive dialogue, the Committee expressed its dissatisfaction with the lack of information provided on the impact of the crisis on the country's female population, which negatively affected the implementation of the Convention; consequently, it decided to request the State party, in conformity with article 18, paragraph 1 (b), of the Convention, to submit a follow-up report in January 2004 for consideration by the Committee in June 2004.

354. The Committee made it clear that in no case was the follow-up report to replace the submission of a sixth periodic report by Argentina, scheduled for 14 August 2006, in accordance with article 18 of the Convention.

355. The follow-up report should take into account the areas of concern under the Convention as indicated in the paragraphs below and reply to the recommendations made by the Committee in these concluding comments, and should include expanded, updated and systematized information, including sex-disaggregated data as far as possible, about the impact of the crisis on the country's female population and the measures adopted to reduce and overcome its negative effects on women.

356. The Committee is concerned at the situation of women resulting from the growing increase in poverty, and extreme poverty, which has spread to more than half the population, and which can have a disproportionately heavy impact on the female population. Of special concern are women heads of household who are living in poverty and unemployed, with dependent children, and women from rural areas, indigenous populations and the most vulnerable sectors of the population.

357. The Committee recommends that the State party should pay special, ongoing attention to the situation of women and should take the necessary measures to prevent women, especially those from rural areas, indigenous populations and the most vulnerable sectors of the population, from hearing the heaviest burden of the crisis. It also requests the State party to ensure that the Programme for unemployed heads of household with children under 18 or disabled children includes a gender perspective in order that the few resources that are available for social allowances may be distributed without discrimination.

358. The Committee is concerned at the precarious nature of women's employment, in particular the situation of unemployed women in the informal sector.

359. The Committee recommends that the State party should make all necessary efforts to guarantee compliance with the labour legislation and protect women from the violation of their basic labour rights and from discriminatory dismissals.

360. The Committee is concerned at the high maternal mortality rate and at the fact that, with the increasing deterioration in health services, women, in particular those in situations of vulnerability, are losing their right to comprehensive health care, in particular as regards sexual and reproductive health. The Committee is also concerned because, in this critical context, the incidence of HIV/AIDS is tending to increase, especially among women.

361. The Committee recommends that the State party should guarantee women's access to health services, including sexual and reproductive health services, and that it should adopt the necessary measures to reduce the high maternal mortality rate. The Committee recommends that the State party should pay special attention to preventing and combating HIV/AIDS.

362. The Committee is concerned at the fact that the crisis has affected access by women, particularly girls, to public education because they lack the resources needed either to begin or continue their studies.

363. The Committee recommends that the State party should make every possible effort to guarantee access by girls to education under conditions equal to those of boys, with special attention to girls from the most vulnerable sectors.

364. The Committee is concerned that, although the State party has extensive legislation in the area of prevention and treatment of domestic violence, this problem has worsened. The Committee is concerned that the crisis might increase the risk of trafficking in women and girls and their exploitation for purposes of prostitution.

365. The Committee requests the State party to ensure that its Recommendation No. 19 on violence against women is taken into account and that all necessary measures are taken to provide full protection to the victims, punish those responsible and check the growing trend towards violence against women. The Committee requests the State party, especially, to evaluate the trafficking of women and girls and to strengthen domestic measures and, if necessary, international measures in cooperation with other countries that are countries of origin, transit or destination for the exploitation of women and girls for purposes of trafficking, in particular to prevent the exploitation of prostitution.

366. The Committee notes with concern the attempt to downgrade the National Women's Council and the lack of a formal strategy for coordination of the different State agencies.

367. The Committee notes the importance of continuity, autonomy management and coordination of the national mechanism for the advancement of women at this time of crisis in the country and recommends that they should be strengthened.

368. The Committee recommends that the State party should include and involve women in the process of economic, financial, political and social reconstruction of the country.

369. The Committee requests that the present concluding comments be widely disseminated in Argentina in order to inform the public, in particular public officials and politicians, of the measures taken to guarantee and to be adopted to guarantee the de facto and de jure equality of women and of the measures to be adopted for that purpose.

(1997)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Argentina, 23/07/97, A/52/38 Rev.1, Part II paras. 273-321.

304. The Committee was concerned about the fact that, despite economic and social development in Argentina, maternal mortality and morbidity due to childbirth and abortion remained high.

310. The Committee suggested that programmes to increase awareness among the police, judges and health-care professionals concerning the gravity of all forms of violence against women should be maintained and strengthened.

318. The Committee suggested that increased measures of all types should be taken to reduce maternal mortality and morbidity.

319. The Committee recommended that legislation which penalized mothers who had abortions should be reviewed.

ARMENIA
(2002)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Armenia, 07/08/2002. A/57/38 (part 3, paras. 37-69).

39. The Committee welcomes the establishment of a national machinery for the advancement of women through the creation, in May 2002, of the position of Deputy Minister for Women's Issues in the Ministry of Social Security to coordinate all the activities of other ministries with regard to women and to ensure collaboration with women's NGOs.

40. The Committee expresses satisfaction at the continuing achievements of Armenian women in the field of education, particularly in the technical and scientific areas, including new technology.

41. The Committee welcomes the growing number of non-governmental organizations that play a prominent role in promoting women's empowerment in Armenia and appreciates that the State party has included four NGO representatives in its Commission on Human Rights.

44. The Committee notes that, despite the growing number of NGOs active in women' empowerment, the cooperation between the State party and non- governmental organizations in the implementation of the Convention and the preparation of the report has been limited.

45. The Committee encourages the State party to involve non-governmental organizations in all stages of the implementation of the Convention, including in policy-making.

46. The Committee expresses concern at the prevalence of violence against women and that the current legislation on violence does not include any specific provisions on domestic violence. It is concerned that the current penalties for rape are very light and can suggest to the community that this infringement of human rights is not a serious crime.

47. The Committee urges the State party to recognize that violence against women, including domestic violence, constitutes a violation of the human rights of women under the Convention and requests the State party to place a high priority on the introduction of comprehensive and holistic measures to address violence against women and girls in the family and society. It calls on the State party to ensure that such violence is prosecuted and heavily penalized. Drawing on its general recommendation 19, the Committee requests the State party to enact legislation on domestic violence, and to ensure that victims have immediate means of redress and protection. It recommends that measures be taken to provide shelters for women and girl victims of violence and to ensure that all public officials, in particular law enforcement officials and the judiciary, as well as health providers and social workers, are fully sensitized to all forms of violence against women and girls. The Committee also recommends that the State party undertake awareness-raising measures, including zero-tolerance campaigns through the media and public education programmes, to ensure all forms of violence against women and girls, including domestic violence, are regarded as morally and socially unacceptable.

48. While noting the establishment of the Migrants Service Point as part of an anti-trafficking strategy, the Committee is concerned at the absence of a comprehensive policy, including legislation, to combat trafficking in women and girls. The Committee is also concerned that current legislative provisions to address components of trafficking may exacerbate the situation of victims, rather than discourage perpetrators.

49. The Committee urges the State party to assign the issue of trafficking in women and girls high priority through the formulation of a comprehensive strategy to combat this crime, which should include the prosecution and punishment of offenders and increased international, regional and bilateral cooperation with countries of origin, transit and destination of trafficked women. It recommends the introduction of measures aimed at improving the economic situation of women so as to eliminate their vulnerability to traffickers, education initiatives for vulnerable groups, including teenage girls, as well as social support, rehabilitation and reintegration measures for women and girls who have been victims of trafficking. The Committee calls on the State party to ensure that trafficked women and girls have the support they need so that they can give testimony against perpetrators of trafficking and urges training of border police and law enforcement personnel so that they have the stills necessary to recognize and provide support for victims of trafficking.

50. The Committee expresses concern at the lack of information in the report and in the responses on prostitution and that the State party has not made sufficient efforts to address the issue of exploitation of prostitutes.

51. The Committee requests the State party to provide information on prostitution in its next periodic report and to formulate and implement a comprehensive programme to address this phenomenon, including through the enactment of legislation against exploitation of prostitutes.

52. The Committee expresses concern that budget cuts in the health-care system severely limit women's access to health care. It is concerned about the status of women's health, especially their reproductive health, and the increase in the rate of maternal mortality. The Committee is concerned at the widespread use of abortion as a commonly used means of birth control, particularly in rural areas.

53. The Committee urges the State party to maintain access to affordable and adequate health care. Drawing attention to its general recommendation 24 on women and health, the Committee calls on the State party to ensure the availability and accessibility of affordable contraceptive means to both women and men as part of a comprehensive health policy. The Committee encourages the State party to promote programmes of sex education for both girls and boys. The Committee calls on the State party to take all appropriate steps to foster responsible sexual behaviour and take all appropriate steps to stop the use of abortion as a means of birth control.

54. The Committee is particularly concerned that deeply rooted patriarchal attitudes in the family and society persist despite the high level of education that women have achieved.

55. The Committee recommends that the State party take urgent and wide-ranging measures, such as the revision of curricula and textbooks and the implementation of awareness-raising programmes, including specific programmes targeting men and boys, to change stereotypical and discriminatory attitudes and perceptions about the roles and responsibilities of women and girls and men and boys in the family and in society.

56. The Committee expresses concern at the higher level of women's unemployment than men's. The Committee is concerned at the lack of sex-disaggregated data relating to specific employment issues, in particular wages. It is concerned that there is no equal employment opportunities legislation, providing appropriate civil and criminal remedies for discrimination in hiring, promotion, dismissal and sexual harassment in the public and private sectors. The Committee is also concerned that some of the protective provisions for women in employment are formulated in a war that perpetuates disadvantageous stereotypes.

57. The Committee recommends that the State party adopt equal employment opportunities legislation. The Committee also recommends the setting up of training programmes aiming to facilitate women's employment and urges the State party to collate sex-disaggregated data on all aspects of women's employment, and especially wages, so as to address the employment situation in an informed war. In addition, the Committee recommends that the State party review its protective legislation in order to address any negative impact it may have on women's employment.

58. The Committee expresses concern regarding the situation of rural women, including their access to health-care services and income-generating activities.

59. The Committee encourages the State party to develop special polities and programmes aimed at the economic empowerment of rural women and their access to health-care services.

60. The Committee is concerned that the situation of growing economic hardship and extreme poverty in the country, especially the feminization of poverty, negatively impacts on women's enjoyment of their human rights.

61. The Committee urges the States party to develop poverty reduction programmes targeted to women, including for the predominantly female refugee population.

62. The Committee notes the insufficiency of sex-disaggregated statistical data in all fields. It is also concerned that the impact of policies and programmes aimed at the advancement of women has not been assessed.

63. The Committee recommends a comprehensive compilation of sex- disaggregated data and urges the State party to include relevant statistics and data in its next report. It also recommends the introduction of regular impact assessments of legislation, policies and programmes.

64. The Committee is concerned that the minimum legal age for marriage is 17 years for women and 18 years for men. It is also concerned that in exceptional circumstances girls may marry at 16.

65. The Committee recommends that the State party raise the age of marriage for women to 18 years.

(1997)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Armenia, 14/07/97, A/52/38/Rev.1, Part II, paras. 35-68.

48. The Committee acknowledged favourably the Government's intention to introduce a fundamental legal reform within the ongoing revision of the criminal code, in respect of violence against women and their sexual exploitation through prostitution and trafficking.

50. The Committee commended the Government on its identification of four priority areas of concern in relation to women's health, and on its programme to establish a system of family planning services and to provide contraceptives to women free of charge.

57. The Committee expressed its concern about the fact that there were no policies and programmes in place to guarantee security and social benefits to women who worked in the informal sector.

58. The Committee also noted with concern the paternalistic restrictions imposed by the labour laws, which were aimed at protecting maternity and resulted in the legal limitation of women's employment opportunities and choices.

59. Similarly, the Committee was concerned about the Government's report of increasing prostitution, especially in relation to the limited economic options for women in Armenia. The Committee noted the lack of access of women engaging in prostitution to appropriate health services, including for the prevention and care of HIV/AIDS.

60. As to the subject of women's health, the Committee expressed its deep concern with regard to the Government's plan to consider proposals for privatization of the health system. The Committee emphasized the adverse effects for women and other vulnerable groups of privatization in the health area, even in highly developed countries.

65. The Committee strongly urged the Government to use the education system and the electronic media to combat the traditional stereotype of women "in the noble role of mother" and to raise awareness of the role of men in caring and their responsibility for parenting.

66. The Committee suggested that there was a strong need to collect information and sex disaggregated data in all areas, in particular as regards violence against women, prostitution and health.

67. The Committee suggested that in the planning and implementation of privatization policies and programmes the Government of Armenia should ensure that it fulfilled its social responsibilities and obligations under international human rights law so that its policies and programmes would not deprive women and other vulnerable groups of enjoyment of their human rights, especially in the area of health.

AUSTRALIA
(1997)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Australia, 22/07/97, A/52/38/Rev.1, Part II, paras. 365-408.

380. The Committee commended the Government for its past initiatives and efforts to promote and protect the human rights of women nationally and internationally. Australia's leadership for the advancement of women at the Fourth World Conference on Women and its initiative to make it into a "conference of commitment" were particularly noteworthy. The Committee took note of the fact that Australia had prepared a comprehensive national action plan to implement the Beijing Declaration and Platform for Action and provided a copy to each member of the Committee. The Committee appreciated the comprehensive introductory statement and detailed responses provided to the Committee's written questions by the representative.

385. The Committee welcomed the existence of a national health policy for women, which had been established in 1989, and for which funding was currently allocated for financial year 1998-1999. The policy's participatory approach in providing innovative primary health care and in emphasizing services for disadvantaged groups of women, including Aboriginal and Torres Strait Islanders, and migrant women were commendable, as was the inclusion of women's reproductive health and sexuality among its seven priority issues.

386. Legislation enabling the Government to prosecute Australians who committed sexual offences abroad was also commended.

389. The Committee noted that the changing role of government in terms of public expenditure and the ongoing decentralization of responsibility in a number of areas, including health, from the federal to territorial or state Governments, had had an impact on the legal and practical implementation of the Convention. Australia continued to have two reservations to the Convention, one with regard to paid maternity leave and one with regard to "combat-related" employment in the armed forces, which constituted an obstacle to the full implementation of the Convention.

393. The Committee expressed its concern about the possibility that, at a time of fiscal constraint, resources for programmes and policies benefiting women or aimed at overcoming discrimination, for example in health, the provision of legal aid services, training and awareness programmes on violence against women for health, judicial, professional and other workers might be subjected to disproportionate budget cuts.

397. The Committee was concerned at the continuing adverse situation of Aboriginal and Torres Strait Islander women. Major causes of concern included a higher incidence of maternal mortality, lower life expectancy, reduced access to the full range of health services, a high incidence of violence, including domestic violence, and high unemployment rates. Their situation, as well as that of migrant women, was further compromised by an apparent rise in racism and xenophobia.

400. The Committee encouraged the Government to assess the benefits of a continuing national women's health policy and to ensure that any further change in that policy did not lead to a decreased access by women, especially vulnerable groups of women, to comprehensive health services. It also recommended that data and indicators on health should be collected, disaggregated by sex, age, ethnicity, rural/urban areas and other distinctions. Data should also be collected on the impact of the shift in responsibility for health care from the federal to the state level.

(1995)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Australia, 31/05/95, A/50/38, paras. 593-601.

596. The Committee, however, expresses its concern about reservations which the Government made when ratifying the Convention. Although there have been some developments in this area, the Committee is particularly concerned about the reservations on paid maternity leave. The Committee urges the Government to continue its efforts to withdraw its reservations.

597. The Committee expresses its concern abut indigenous women, migrant women and particularly women from aboriginal groups and Torres Strait Island who are the most disadvantaged people in Australian society. The Government has been frank in its information to the Committee about these women. However, the status of these women is significantly different from other women living in Australia. Violence, life expectancy, unemployment and the health situation among aboriginal women are remaining problems

(1994)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Australia, 12/04/94, A/49/38, paras. 370-412.

390. The Committee had difficulty in fully understanding the reservation on maternity leave. The representative said that there was considerable discussion going on in her country on the issue. Women's participation in wage labour had increased significantly in the last 15 years. The resistance to paid maternity leave came from many sides; there was no consensus on the issue even among women's organizations and trade unions. The universal social security system existing in the country cushioned cuts in income levels and was an incentive for part-time work. Moreover, there had been no strong pressure or demand for facilities to feed babies in the workplace.

391. Commenting on violence against women, the experts asked how many women had taken refuge in shelters. The representative said that a national census on a single night in May 1992 had found 4,700 adults and children using the Support Accommodation Assistance Program (SAAP) as a result of family violence. Eighty-five per cent of women applied for Government benefits or pensions after taking refuge. An accurate figure on women obtaining protection orders could not be given owing to a lack of consistency in data collection by the States and Territories. In 1991, there were 603 applications for Domestic Violence Orders in the Australian Capital Territory, 90 per cent made by women against men. Asked how women's organizations helped victims of rape within marriage and of domestic violence, the representative said that rape crisis centres, domestic violence crisis services and women's health centres provided information on legal, health, financial and crisis accommodation matters and referred women to appropriate services.

403. Asked whether the nationally organized cervical screening programme had been implemented, the representative confirmed that all Health Ministers had adopted an organized approach to detection and management of cervical pre-cancers that included a national cervical screening policy based on a two-year interval, an age range of 18 to 70 years and the establishment of cervical cytology registries. In addition, a television campaign to raise awareness among women on the need for regular testing had been launched in 1993.

404. On a question related to family planning and freely available contraceptive advice for young women without parental consent, the representative said that young women had free access to advice on sexual and reproductive health in clinics funded under the Family Planning Programme.

405. The Committee wanted to know if abortion was available to young women on the same basis as adult women. The answer was that although equal service was ensured in theory, pregnant minor women were disadvantaged in their access to abortion services, since they did not have their own Medicare card and lacked support and money for transportation and consultation of specialists.

406. The Committee asked whether the Government planned to harmonize its family-planning, contraception and abortion policies. The representative stated that abortion laws were the responsibility of State and Territory governments, whereas the Family Planning Programme was a Commonwealth initiative. A harmonization took place in the sense that the Family Planning Programme was a means to prevent unwanted pregnancies and reduce demand for abortions.

407. On a question about the decrease of maternal and child mortality rates among the Aboriginal population, the representative stressed that the health of Aboriginal and Torres Strait Islander peoples had significantly improved in the past two decades. However, the burdens of disease continued to be comparatively high as did levels of child mortality. The proportion of maternal deaths had not decreased yet. There was a great need for an indigenous women's health policy to complement the National Aboriginal Health Strategy, the major initiative in Aboriginal and Torres Strait Islander health. Asked about legal or social barriers to artificial insemination and the public's response, in particular women's response to that process, the representative replied that the direct regulation of artificial insemination was a matter for State and Territory governments. The Commonwealth Government subsidized artificial insemination through the national health insurance scheme. There was evidence that the majority of the population accepted artificial insemination as part of wider reproductive technologies but was concerned about the confidentiality of information, ethnic cultural values and the rights of the child. Women were particularly concerned about the cost and emotional stress involved.

410. The Committee noted that the Australian Law Reform Commission had made certain recommendations concerning marriage practices, such as polygamous marriages, which might comply with religious or customary law but be in conflict with the principles of the Convention. Asked whether there were plans to legislate and enforce domestic law which would protect women from traditions that endangered their health and caused them and their children hardship, the representative stated that marriage, according to the law in Australia, was the union of man and woman voluntarily entered into for life and a contract of valid polygamous marriage was not possible according to the law. A de facto polygamous marriage contracted outside Australia would be recognized only if valid according to the common law rules of private international law. Any religious or customary marriage which did not comply with the Marriage Act's provisions was not valid.

AUSTRIA (2000)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Austria, 15/06/2000, A/55/38, paras. 211-243.

224. The Committee considers that persisting cultural stereotypes of women as homemakers and child-rearers constitute an impediment to the full implementation of the Convention.

225. The Committee expresses its concern at the abolition of the Ministry of Women's Affairs. While acknowledging that the new Government has transferred the responsibility for women's and gender issues from the Ministry within the framework of the Federal Chancellery to the Ministry of Social Security and Generations and that it has set up an inter-ministerial coordinating committee on gender mainstreaming, it is concerned that the broad scope of the responsibilities of the latter Ministry will result in giving lesser priority to the elimination of discrimination against women and obstruct the visibility of government policy in that respect.

226. The Committee requests the Government to ensure, on a regular basis, the evaluation and assessment of the gender impact of the federal budget as well as governmental policies and programmes affecting women. It also urges the national machinery for women to increase its cooperation with non-governmental organizations.

227. The Committee is concerned about the situation of migrant women. The Committee urges the Government to facilitate the attainment of work permits by migrant women on an equal basis with migrant men and to establish the conditions needed for their integration into the economic and social life of Austrian society.

228. The Committee is also concerned about the situation of trafficked women. The Committee requests the Government to take responsibility in caring for the human rights of all trafficked women and girls. It also urges the Government to increase its cooperation with countries of origin and other countries of destination so as to prevent trafficking and penalize those who facilitate trafficking.

229. The Committee expresses its concern at women seeking asylum in Austria, and in particular about human rights violations by State officials. The Committee recommends that the Government adopt policies that acknowledge gender-specific grounds for women seeking asylum in Austria, including gender violence and persecution and female genital mutilation.

230. With respect to violence against women, notwithstanding the extensive measures already undertaken by the Government, the Committee urges the Government to ensure ongoing education for law enforcement officials and the judiciary, including their sensitization to violence against women in migrant communities, and to extend such programmes to health professionals. It also recommends that the Government pay particular attention to the physical, emotional and financial abuse of elderly women. It suggests further that programmes of therapy for male offenders be instituted.

231. The Committee expresses concern at the high percentage of the female population in Austria which has no education beyond the compulsory level. It is also concerned with the continuing gender role stereotyping in the area of education and vocational training for girls and boys.

232. The Committee urges the Government to take measures to encourage girls to continue their education beyond compulsory level and particularly in the areas of science and technology. The Committee also calls upon the Government to introduce affirmative action to increase the appointment of women to academic posts at all levels and to integrate gender studies and feminist research in university curricula and research programmes.

233. In the area of women's employment, the Committee is concerned that women continue to remain segregated in low-paid jobs in the labour market.

234. The Committee requests the Government to take action in order to decrease the wage discrepancy between female-dominated jobs and male-dominated jobs, especially in the private sector. It also urges the Federal Government to adopt a proactive comprehensive policy, with appropriate budgetary allocations as incentives to provincial and local authorities, so as to develop childcare facilities that enable women's equal participation in the labour force.

235. The Committee urges the Government to strengthen the powers of the Equal Treatment Commission in order to allow it to be more effective in its efforts to combat discriminatory practices and to guarantee equal opportunity and treatment for women in the workplace.

236. The Committee is concerned about the situation of single women and, in particular, the disadvantages suffered by never-married and divorced elderly women in terms of retirement pensions and social security benefits. The Committee urges the Government to take into consideration current social trends when designing policies so as to meet the needs of the increasing number of single women in the country.

237. The Committee recommends that the Government replicate, at the federal level, the Vienna programme on women's health and intensify efforts to apply a gender perspective in health care by, inter alia, initiating and sponsoring relevant research, taking into account the Committee's General Recommendation 24 on article 12, relating to women and health.

238. The Committee is concerned at the decrease in women's representation in the legislature in the recent elections. The Committee recommends that the Government undertake in this respect temporary special measures, in accordance with article 4, paragraph 1, of the Convention, and consider, inter alia, the use of federal funding for political parties as an incentive for the increased representation of women in Parliament, as well as the application of quotas and numerical goals and measurable targets aimed at increasing women's political participation.

239. The Committee is concerned at the lack of data disaggregated by sex on the impact of policies and programmes. The Committee urges the Government, inter alia, to improve the collection of data on criminal proceedings related to violence against women, to evaluate policy as regards victims of trafficking, to assess the nature and outcome of equal treatment cases in the labour courts and to integrate gender perspectives into health care, taking into account sex-disaggregated data on causes of morbidity and mortality.

240. The Committee commends governmental initiatives to assess gender policies through pilot projects, but is concerned that such initiatives do not go beyond the pilot stage. The Committee urges the Government to apply the results of the projects in ongoing law, policy and programming.

241. The Committee requests the Government to introduce human rights education, and in particular women's human rights education on the basis of the Convention, into school curricula.

AZERBAIJAN (1998)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Azerbaijan, 14/05/98, A/53/38, paras. 37-79.

54. The Committee welcomes information on the establishment, with the help of the United Nations Children's Fund (UNICEF), of six regional family-planning centres, which will provide a larger number of women and men with assistance in matters of reproductive health.

63. The Committee is particularly worried about the high level of maternal, as well as infant mortality rates and the fact that there are insufficient resources for international emergency aid in that field.

65. The Committee expresses serious concern about the situation of women victims of prostitution and trafficking. The Committee is of the view that the content and the implementation of legislation to address those problems may be discriminatory and might not always respect the rights of victims or produce positive results. For example, the Committee notes that forced medical control of prostitutes, where such measures are not implemented with respect for clients, is discriminatory and might be counterproductive.

66. The Committee is alarmed by the widespread use of abortion as a basic means of family planning. It is also concerned about the general health situation of women, particularly in view of the spread of tuberculosis and other contagious diseases.

67. The Committee expresses concern regarding the situation of women in rural areas, in particular with regard to basic health protection and education, as well as social protection, as outlined in Article 14 of the Convention.

68. While understanding the difficult economic situation and the difficulty of reaching durable solutions to the refugee problem, the Committee expresses its concern about the precarious material and psychological conditions of women refugees. It also notes that insufficient attention has been paid to refugee women, including through failure to seek the support of relevant international agencies.

69. The Committee recommends that the Government take the steps necessary to ensure respect for, and the effective implementation of, the provisions contained in the Convention. In particular, it recommends that a definition of discrimination closely modelled on Article 1 of the Convention be incorporated in the Constitution or relevant laws. It also recommends that the provisions of the Convention be reflected in legislation, in particular legislation concerning health, education and labour.

73. The Committee further recommends the elaboration of adequate family-planning programmes, with the help of the United Nations Population Fund, so as to avoid the use of abortion as a means of family planning and thereby diminish the risks of maternal mortality resulting from unsafe abortions.

74. The Committee recommends that the Government review the legislation relating to the exploitation and trafficking of women so as to eliminate the discriminatory content of such legislation.

75. The Committee recommends that refugee and migrant women be provided with adequate information to protect them from traffickers and others who seek to exploit women for the purposes of prostitution.

BANGLADESH
(2004)

Concluding Observations of the Committee on Elimination of Discrimination against Women: Bangladesh, 09/07/1974. CEDAW/C/2004/II/CRP.3/Add.2/Rev.1.

15. The Committee commends the State party for the achievement of gender parity in school enrolment at the primary and secondary levels, and has succeeded in decreasing girls' dropout rates. The Committee also appreciates the successful efforts to increase girls' and women's literacy rates.

19. The Committee expresses concern that, while the Constitution guarantees equal rights to men and women, the definition of discrimination in the State party's legislation is not in line with the Convention.

20. The Committee requests that the definition of discrimination against women be brought into conformity with article 1 of the Convention, and in particular that the State party's responsibility to eliminate all forms of discrimination against women be extended to discrimination perpetrated by private actors.

21. The Committee is concerned that the Convention has not yet been incorporated into domestic law and its provisions cannot be invoked before the courts.

22. The Committee calls upon the State party to incorporate without delay the provisions of the Convention into its domestic law and requests the State party to ensure that the provisions of the Convention be fully reflected in the Constitution and all legislation.

23. The Committee expresses concern that, despite the adoption of the Prevention of Women and Children Repression Act, 2000, the Acid Control Act, 2002, and the Acid Crime Control Act, 2002, violence against women, including domestic violence, rape, acid throwing, dowry -related violence, fatwa-instigated violence, and sexual harassment in the workplace, continues to exist. The Committee is also concerned that some women victims of, or threatened by, such violence are placed in "safe custody" in shelter homes without their consent.

24. The Committee urges the State party to accord priority attention to the adoption of a comprehensive approach to address violence against women and girls, taking into account its general recommendation 19 on violence against women. The Committee calls on the State party to ensure the effective implementation of the existing legislation to combat all forms of violence against women and to adopt specific legislation on domestic violence within a clear time frame, in order to ensure that women and girls who are victims of violence and sexual harassment have access to protection and effective redress, and perpetrators of such acts are effectively prosecuted and punished. The Committee also recommends gender-sensitive training on violence against women for public officials, particul arly law enforcement personnel, the judiciary and health services providers. It further encourages the State party to take effective measures to protect women against fatwa -instigated violence. It calls on the State party to establish shelters where women victims of, or threatened by, violence can be accommodated on a voluntary basis. The Committee also calls on the State party to take measures towards changing social, cultural and traditional attitudes that remain permissive of violence against women.

25. While welcoming the ratification of the South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution in July 2002, the Committee remains concerned about the continuing prevalence of trafficking in women and girls in the country. It is also concerned that, despite the fact that many persons have been accused or are on trial for trafficking -related crimes, only a few have been convicted.

26. The Committee recommends the formulation of a comprehensive strategy to combat trafficking in women and girls that should include the prosecution and punishment of offenders. The Committee also 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 the stepping up of measures aimed at improving the economic situation of women so as to eliminate their vulnerability to traffickers, the introduction of education and employment initiatives for vulnerable groups, including teenage girls, and provide support, rehabilitation and reintegration measures for women and girls who have been victims of trafficking. It calls on the State party to ensure that trafficked women have the support they need to enable them to provide testimony against traffickers. It urges the training of border police and law enforcement officials in order to provide them with the requisite skills to recognize and provide support for victims of trafficking. The Committee further urges the State party to include in its next report comprehensive information and data on the issue and on the impact of measures taken.

27. The Committee expresses concern that traditional and cultural discriminatory practices , including polygamy, and strong stereotypical attitudes persist with respect to the roles and responsibilities of women in the family and society, negatively affecting women's enjoyment of their rights and impeding the full implementation of the Convention.

28. The Committee urges the State party to undertake measures to design and implement comprehensive awareness -raising programmes to change stereotypical attitudes and norms about the roles and responsibilities of women and men in the family and society, and take measures to discourage polygamy. It also calls upon the State party to periodically review the measures taken and assess their impact in order to identify shortcomings and make necessary changes to improve them.

29. The Committee is concerned about the unequal status of Bangladeshi women within the family, particularly in matters related to marriage, divorce, custody, alimony and property inheritance. The Committee expresses concern that personal laws, derived from religious precepts which are discriminatory to women, continue to prevail in the country and that no uniform Family Code is in place.

30. The Committee urges the State party to adopt without delay a uniform Family Code that fully complies with the provisions of the Convent ion and general recommendation 21 on equality in marriage and family relations, as a way to protect the rights of all Bangladeshi women in matters related to marriage, divorce, custody, alimony and property inheritance. It recommends that the State party step up its efforts to provide awareness -raising and training, including on the importance of a uniform Family Code and the State party's obligations under the Convention, to community leaders.

31. Although acknowledging that the State party has initiated the amendment of the 1951 Citizenship Act, the Committee is concerned that women are still unable to transmit their nationality to their foreign husbands and children.

32. The Committee urges the State party to ensure that a new citizenship law, which is in line with article 9 of the Convention, is adopted without delay, in order to eliminate all provisions that discriminate against women in the area of nationality.

33. While welcoming the lifting of the ban on overseas employment of women domestic workers which had been imposed in 1998, the Committee is concerned about the vulnerability of Bangladeshi women migrant workers whose rights are not adequately protected by the State party.

34. The Committee recommends the adoption of a comprehensive gendersensitive imigration policy and the conclusion of bilateral and multilateral agreements with destination countries, in order to ensure the promotion and protection of the human rights of Bangladeshi women migrant workers. The Committee also urges the State party to strengthen its information activities so as to ensure that potential women migrants are fully aware of their rights, as well as of the potential risks of such employment.

35. The Committee expresses concern about the poor working conditions women endure in both the formal and informal sectors of the economy. It is particularly concerned about the persistence of wage disparities between women and men, and about the lack of childcare facilities for working mothers. It is also concerned that women working in the private sector and industry do not enjoy the same maternity leave benefits of women working in the public sector.

36. The Committee recommends that the State party establish a monitoring mechanism to ensure the enforcement of legislation requiring em ployers to provide equal pay for equal work, ensure that maternity leave is available in all public and private employment, especially through the enactment of a law on maternity leave, and expand the number of crèches available for working mothers.

39. The Committee expresses concern that although in Bangladesh the minimum age of marriage for girls is 18 years, child marriage continues to be practised widely.

40. The Committee urges the State party to enact into law the proposed Child Marriage Restraint Act, 2002 and ensure its enforcement, in order to eliminate child marriage.

41. The Committee is concerned about the imp act of the arsenic poisoning of water, which is disproportionately affecting rural women of reproductive age.

42. The Committee urges the State party to put in place measures for ensuring that safe drinking water is available to all, and particularly to affected rural women and their families. The Committee calls on the State party to prepare without delay a plan of action containing preventative and remedial measures, and prioritizing technologies favoured by rural women, their families and local communities that are risk-free, cost-effective and provide alternatives to underground water withdrawal. The Committee recommends that the State party launch an awareness campaign and proactive health, nutrition and social programmes for affected rural women, their families and local communities. The Committee also calls on the State party to encourage all other actors, who directly or indirectly caused the arsenic crisis, to share in the financial burden of compensating the victims.

43. The Committee observes a lack of gender-disaggregated data in the report.

44. The Committee recommends the development of a comprehensive data compilation methodology and urges the State party to include relevant sex - disaggregated statistics so as to be able to assess the trends and the impact of programmes on the country's female population, and to include such data and related analysis in its next periodic report.

(1997)

Concluding Observations of the Committee on Elimination of Discrimination against Women: Bangladesh, 24/07/97, A/52/38/Rev.1, Part II, paras. 409-464.

438. The Committee was concerned about the fact that maternal mortality and infant mortality rates remained high and that available primary health and reproductive health services were still inadequate and often inaccessible to poor, rural and marginalized women. Moreover, family planning services still mainly targeted women, and not enough education on male responsibility in reproduction had been introduced.

446. The Committee noted the absence of adequate information and analysis, as well as programmes, directed at addressing prostitution in general.

450. The Committee encouraged the Government of Bangladesh to strengthen its primary health and reproductive health services aimed at substantially improving the health and well-being of women.

454. The Committee recommended the strengthening of gender sensitization and training programmes for the judiciary, police and health professionals, particularly those relating to violence against women.

459. In responding to the problem of trafficking of women and girls, the Committee recommended the stronger enforcement of the Women and Child Repression Act 1995, as well as provision of adequate assistance to women and girl victims of trafficking. The regional resolution on trafficking agreed to by the South Asian Association for Regional Cooperation in Maldives should be sustained and concretized into actual programmes.

BARBADOS
(2002)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Barbados, 13/08/2002. A/57/38 (part 3, paras. 219-255).

221. The Committee welcomes legislation that promotes and protects women's rights, such as the Domicile Reform Act, the Domestic Violence (Protection Orders) Act, the Change of Name Act and the Maintenance Act, which recognizes the same maintenance rights in family relations for couples who have lived together for five years or more as married spouses.

222. The Committee commends the State party for providing free education, cash grants, school uniforms and grant assistance for textbooks for those in need in order to facilitate school attendance and to ensure that children, in particular girl children, up to the age of 16 years receive an education. It notes with satisfaction the female literacy rate of approximately 97 per cent.

223. The Committee congratulates the State party on having achieved a maternal mortality rate of zero.

224. The Committee also commends the State party for viewing health care as a fundamental right and for providing a range of family health services in the polyclinic setting, including free ante- and post-natal care for all citizens and residents of the country. It also commends the State party for the services that target women and girls, for example the Maternal and Child Health Programme, which monitors progress throughout pregnancy.

225. The Committee is concerned that the Constitution, which recognizes women's right to equality before the law and guarantees the fundamental rights and freedoms of all individuals, does not prohibit discrimination on the grounds of sex, and that there is no legislative detinition of "discrimination against women" reflecting article 1 of the Convention, which prohibits both direct and indirect discrimination. It is further concerned about the lack of information provided about procedures available to women to enforce their rights under the Convention, challenge discrimination and obtain redress.

226. The Committee recommends that the State party take steps to include in the Constitution and/or legislation a specific right of non-discrimination on the grounds of sex, defined in accordance with article 1 of the Convention. It calls on the State party to introduce procedures that will allow the enforcement of the prohibition on discrimination based on sex and to introduce effective measures, including public awareness-raising campaigns about the Convention, the Constitution and remedies to implement women 's right to equality. The Committee requests that the State party report on progress made in this regard in its next periodic report and that it provide information on whether the Convention bas been invoked before domestic courts.

227. The Committee notes the lack of information on whether the Office of the Ombudsman established to address public grievances has received and considered complaints of violations of women's rights.

228. The Committee requests the State party to include in its next periodic report information on the work and cases considered by the Office of the Ombudsman relating to discrimination against women. The Committee also recommends that the State party take measures to ensure that the Office of the Ombudsman incorporates a gender perspective in its work.

229. The Committee is concerned that the Bureau of Gender Affairs within the Ministry of Social Transformation, tasked with mainstreaming the concept of gender into all policies, plans and programmes of the Govemment, monitoring their implementation and carrying out sensitivity training in public and private agencies, does not have adequate human, financial and material resources. It notes that a National Advisory Committee on Gender Affairs has been created to assist the Bureau and advise the Govemment on trends and developments in gender issues, and that focal points have been appointed to form an inter-ministerial committee and ensure that programmes within their agencies and departments are gender-focused.

230. The Committee recommends that the State party ensure that the Bureau of Gender Affairs is provided with adequate human, financial and material resources to give it sustainability, visibility and effectiveness and to ensure continual effective implementation of governmental policies and programmes related to gender equality. It also encourages gender mainstreaming in all ministries.

231. While recognizing the existence of a range of services and programmes designed to eliminate discrimination against women, and the identification of five priority areas based on the Beijing Declaration and Platform for Action, the Committee is concerned that no overall national plan of action has been formulated. It is also concerned that the impact of existing measures and programmes has yet to be evaluated.

232. The Committee recommends that the State party formulate an integrated national plan of action to fully address the issue of discrimination against women in all its aspects. It also urges the State party to make an assessment of the measures already implemented with a view to further improvements.

233. The Committee remains concerned about entrenched stereotypical attitudes and behaviour, which tend to reinforce women's inferior status in all spheres of life, and regrets that the State party has not undertaken sustained programmes to change these social and cultural attitudes and patterns of behaviour that lead to stereotyping.

234. The Committee calls upon the State party to strengthen measures aimed at changing stereotypical attitudes about the roles and responsibilities of women and men, including through sustained awareness-raising designed in collaboration with the media and women's non-governmental organizations and educational campaigns directed at both women and men. The Committee emphasizes that a policy of gender equality in compliance with the Convention will require the recognition that women can have various roles in society, not only the important role of mother and wife, exclusively responsible for children and the family, but also as an individual person and actor in the community and in the society in general.

235. The Committee is concerned at the limited information provided on trafficking in women and girls and their exploitation in prostitution in the State party's report. The Committee is concerned that there is no data on prostitution and that the issue is not being addressed.

236. The Committee recommends the introduction of policies to ensure the prosecution of, and strong penalties for, those who exploit prostitutes. In view of the growing emphasis on tourism in the State party, the Committee requests it to provide in its next report comprehensive information and data on the trafficking of women and girls and their exploitation in prostitution and the measures taken to prevent and combat these activities.

237. Despite the extensive work of NGOs and other and community organizations and the facilitating role played by the State party, the Committee expresses concern that violence against women, including domestic violence, remains a serious reality in Barbados. The Committee is concerned that the bulk of the statistical data on violence and abuse collected by the Probation Department, the Police and the Registration Department is not disaggregated by sex.

238. The Committee urges the State party to place a high priority on measures to address violence against women in the family and in society in accordance with the Committee's general recommendation 19. The Committee urges the State party to strengthen its activities and programmes to focus on sexual violence, sexual crimes, incest and prostitution, especially prostitution associated with tourism, and to provide comprehensive training for the judiciary, the police, medical personnel and other relevant groups on all forms of violence against women, including domestic violence. The Committee recommends that the State party devise a structure for systematic data collection on violence against women, including domestic violence, disaggregated by sex. It also calls on the State party to provide this data in its next periodic report.

239. While welcoming the recognition of marital rape as a sexual offence, the Committee notes with concern that, under the Sexual Offences Act, marital rape is recognized as a crime only after the issuance of a decree of divorce, a separation order or a separation agreement, or where the husband is subject to a non-molestation order.

240. The Committee urges the State party to consider defining marital rape to include circumstances of de facto separation, and to create awareness of the legal remedies so that offenders can be prosecuted and punished. The Committee requests information on cases prosecuted under the Sexual Offences Act in the State party's next periodic report.

241. The Committee is concerned that, despite the fact that the State party has identified women's participation in decision-making as one of its five priorities and despite the high level of education of Barbadian women, little has been achieved in terms of women's representation in decision-making positions in the political sphere. In this context, the Committee expresses concern that the State party lacks a clear understanding of the application of temporary special measures, according to article 4, paragraph 1, of the Convention.

243. The Committee notes the absence of statistical data on wages disaggregated by sex, the absence of statutory parentalleave for fathers and the apparent lack of equal employment opportunity legislation.

244. The Committee recommends broad collection of data disaggregated by sex with regard to wages and urges the State party to include these in the next report. The Committee also recommends the adoption of an equal employment opportunity law and a legislative provision on parental leave for fathers.

245. While acknowledging the State party's social policy, which has introduced services and programmes, including the Poverty Eradication Fund, to boost entrepreneurial activities and increase self-employment and create more employment among women and youth, the Committee is concerned at the feminization of poverty and, in particular, that women head approximately 44.4 per cent of households.

246. The Committee recommends that the State party ensure that governmental policies to eradicate poverty are sustainable, incorporate a gender perspective and do not marginalize women.

247. While noting the State party's adolescent health programme, which covers a wide range of issues, including human sexuality and HIV/AIDS, and other policies and activities with respect to AIDS education and sensitization, the Committee is concemed that the number of women infected with HIV/AIDS has been increasing more rapidly than that of men.

248. The Committee urges the State party to address the gender dimensions of HIV/AIDS, including the power differential between women and men, which often prevents women from insisting on safe and responsible sex practices. It encourages the State party to strengthen its efforts to raise awareness and educate women and girls on ways of self-protection.

249. The Committee is concerned about the increasing number of teenage pregnancies and its consequences for girls' enjoyment of the rights guaranteed by the Convention, particularly in the spheres of education and health.

250. The Committee recommends that the State party increase efforts to include age-appropriate sex education in school curricula and to conduct awareness campaigns so as to prevent teenage pregnancy. The Committee requests the State party to include information on the impact of programmes to prevent teenage pregnancy in its next periodic report.

251. The Committee notes that the report does not address the Committee's concluding comments on the second and third periodic reports. It also notes the limited amount of sex-disaggregated data in several areas.

252. The Committee urges the State party to respond in its next periodic report to the outstanding issues that were brought up in the constructive dialogue and the specific issues raised in the present concluding comments. It also urges the State party to improve the collection and analysis of statistical data, disaggregated by gender and age, and to submit such data to the Committee in its next report.

(1994)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Barbados, 12/04/94, A/49/38, paras. 413-449.

423. In reference to issues raised during the consideration of the initial report, the question was asked whether the Government had taken measures to curb prostitution as a major vector in the spread of HIV/AIDS and whether programmes had been established to rehabilitate prostitutes. The representative replied that trafficking in women was illegal and covered by the Sexual Offences Act. There was also an effort to curb prostitution to deal with HIV/AIDS through public education, mass media and training of medical personnel.

440. In response to the question whether health-care bodies had improved their effectiveness in diagnosing and treating cancer since the last report, the representative stated that there were a number of efforts at early detection and treatment under the leadership of a non-governmental organization, the Barbados Cancer Society, as well as educational and promotional programmes. As a result, the impact of breast and cervical cancers had decreased. The programmes were projected for expansion into hospice care.

447. The Committee was also concerned, given the importance of tourism to the Barbados economy, to ensure that the Government was aware of the potential for an increase in prostitution. More detailed information about the incidence of prostitution, its control and the provision of health care for prostitutes should be included in the next report.

BELARUS
(2004)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Belarus, 01/02/2004. CEDAW/C/2004/I/CRP.3/Add.5/Rev.1.

13. The Committee commends the State party for the legislative reforms in support of the goal of gender equality, including the Marriage and Family Code of 1999, the Civil Code of 1999, the Labour Code of 2000 and the Criminal Code of 2001. The Committee welcomes the efforts of the State party to review existing legislation and to enact new legislation in conformity with international standards, particularly the Convention on the Elimination of All Forms of Discrimination against Women. The Committee welcomes the intention of the State party to elaborate and adopt a new law on gender equality.

14. The Committee commends the State party for the amendments to the Citizenship Act of October 1991, which grants women equal rights with men with respect to the nationality of children and with respect to the procedure for acquiring, changing or retaining nationality.

17. The Committee expresses concern that, while article 22 of the Constitution states that all citizens have the right, without any discrimination, to equal protection of their rights, the Constitution does not contain a prohibition of discrimination on the basis of sex or an explicit provision on gender equality.

18. The Committee urges the State party to include in its Constitution a provision prohibiting discrimination on the basis of sex or an explicit stipulation on gender equality.

19. While noting the incorporation in a number of laws of provisions prohibiting discrimination on the basis of sex, the Committee expresses concern that the State party has not yet adopted a law on gender equality.

20. The Committee encourages the speedy elaboration and adoption of a law on gender equality that includes a definition of direct and indirect discrimination according to the Convention and a basis for applying temporary special measures according to article 4, paragraph 1, of the Convention and general recommendation 25 on temporary special measures.

21. The Committee is concerned that the State party lacks a holistic approach to policies and programmes aimed at achieving women's equality with men, including mainstreaming a gender perspective in all areas.

22. The Committee recommends that the State party ensure a holistic approach to all policies and programmes devoted to achieving equality between women and men. The Committee recommends that gender mainstreaming in all public institutions, policies and programmes be introduced through gender training and the creation of focal points. The Committee requests the State party to include in its next periodic report sex-disaggregated data in all areas of the Convention.

23. The Committee is concerned about the persistence of stereotypes relating to the roles and responsibilities of women and men in society, which tend to place responsibility for child rearing primarily on women. Such stereotypes undermine women's social status and are an obstacle to the full implementation of the Convention.

24. The Committee urges the State party to intensify its efforts to eliminate stereotypical attitudes and perceptions regarding men's and women's roles and responsibilities in all areas of society. It urges the State party to encourage men to share family responsibilities and direct its awareness-raising programmes to both women and men. It also recommends that the State party encourage the media to promote a positive image of women and of the equal status and responsibilities of women and men both in the private and public spheres.

25. The Committee is concerned that there is insufficient awareness of the Convention and the procedures for its application and enforcement, as well as of women's human rights in general, including among the judiciary, law enforcement personnel and women themselves.

26. The Committee urges the State party to introduce education and training programmes on the Convention, in particular for parliamentarians, the judiciary, the police and other law enforcement personnel. It recommends that awareness-raising campaigns targeted at women be undertaken to enhance women's awareness of their human rights and to ensure that women can avail themselves of procedures and remedies for violations of their rights under the Convention.

27. The Committee is concerned about the insufficient cooperation of the authorities with non-governmental organizations and women's associations in the implementation of the Convention. The Committee is further concerned about the lack of an enabling environment for the establishment and operation of women's non-governmental organizations and for encouraging more active involvement of civil society in promoting gender equality.

28. The Committee urges the State party to cooperate more effectively with non-governmental organizations and women's associations in the implementation of the Convention, including follow-up to the concluding comments. The Committee recommends that the State party consult with non-governmental organizations during the preparation of the next periodic report. The Committee also recommends that the State party enable the establishment and operation of women's non-governmental organizations, and encourage and facilitate the active participation of civil society in the full implementation of the Convention and the promotion of women's human rights.

29. While recognizing the establishment of the National Council on Gender Policy in 2000, the Committee expresses its concern that the national machinery for the advancement of women does not have sufficient visibility, decision-making power or financial and human resources to effectively promote the advancement of women and gender equality. While noting that a decision was adopted in 2003 to renew the Council's composition, the Committee is concerned about the suspension of the work of the Council over the past few years.

30. The Committee recommends that the State party strengthen the existing national machinery in order to make it more effective by providing it with adequate visibility, decision-making power and human and financial resources at all levels and enhancing coordination among the existing mechanisms at the national and local levels for the advancement of women and the promotion of gender equality.

31. While noting that a draft law on the prevention and suppression of domestic violence has been elaborated, the Committee expresses concern about the increasing incidence of violence against women in Belarus, including domestic violence.

32. The Committee urges the State party to place high priority on implementing comprehensive measures to address violence against women in the family and in society in accordance with its general recommendation 19. The Committee calls upon the State party to enact the draft law on the prevention and suppression of domestic violence and to ensure that violence against women is prosecuted and punished with the required seriousness and speed. Women victims of violence should have immediate means of redress and protection, including protection orders and access to legal aid, as well as accessible shelters in sufficient numbers and with adequate funding. The Committee also recommends that the State party ensure that public officials, especially the police and other law enforcement officials, the judiciary, health-care providers and social workers, are fully sensitized to all forms of violence against women. The Committee invites the State party to take awareness-raising measures to prevent and combat violence against women through the media and public education programmes. The Committee requests the State party to provide in its next periodic report information on the measures taken.

33. While recognizing the efforts made by the State party to address the issue of trafficking in women and girls, including provisions on trafficking in persons in the new Criminal Code and the adoption of the national programme of comprehensive measures to prevent traffic in persons and prostitution for the period 2002-2007, the Committee remains concerned about the problem of trafficking in women in Belarus and about the lack of detailed data and information on the phenomenon.

34. The Committee urges the State party to intensify its efforts to combat trafficking in women and girls. It recommends the strengthening of measures aimed at improving the economic situation of women so as to eliminate their vulnerability to traffickers, as well as social support, rehabilitation and reintegration measures for women and girls who have been victims of trafficking. It calls on the Government to ensure more severe punishment against traffickers as well as to ensure that trafficked women and girls have the support they need so that they can provide testimony against their traffickers. It recommends that training of border police and law enforcement officials provide them with the requisite skills to recognize and provide support for victims of trafficking. The Committee requests the State party to provide in its next report comprehensive information and data on trafficking in women and girls. The Committee also requests the State party to provide information on the measures taken to address the causes of trafficking and to combat this phenomenon as well as on the impact of these measures.

35. The Committee expresses concern about the situation of women in the labour market, which is characterized, in spite of women's high level of education, by high female unemployment, the concentration of women in low paid sectors of public employment, such as health and education, and the wage gap between women and men in both the public and private sectors. The Committee is concerned that the State party's labour laws, which are overly protective of women as mothers and restrict women's participation in a number of areas, may create obstacles to women's participation in the labour market, in particular in the private sector, and perpetuate gender role stereotypes.

36. The Committee urges the State party to ensure equal opportunities for women and men in the labour market through, inter alia, temporary special measures, in accordance with article 4, paragraph 1, of the Convention and general recommendation 25 on temporary special measures. The Committee urges the State party to intensify its efforts to ensure that all job generation and poverty alleviation programmes are gender-sensitive, and that women can fully benefit from all programmes to support entrepreneurship. It recommends that efforts be strengthened to eliminate occupational segregation, both horizontal and vertical, and to narrow and close the wage gap between women and men through, inter alia, additional wage increases in female-dominated sectors of public employment. The Committee recommends that the State party conduct regular reviews of legislation, in accordance with article 11, paragraph 3, of the Convention, with a view to reducing the number of barriers women face in the labour market.

37. The Committee is concerned about the feminization of poverty, particularly among vulnerable groups of women, such as those heading households, older women and rural women.

38. The Committee requests the State party to ensure that all poverty alleviation programmes fully benefit women, according to their needs, and to provide in its next periodic report information on the measures taken to improve the economic situation of women, particularly those belonging to vulnerable groups.

39. The Committee is concerned about the general decline in the status of women's health as well as the decline in women's access to health services. The Committee is also concerned at the continuing use of abortion as a primary method of birth control, teenage pregnancy, the deterioration of the health of pregnant women and the spread of sexually transmitted diseases, including HIV/AIDS. The Committee is concerned at the continuing negative impact of the Chernobyl disaster on women's health.

40. The Committee recommends the full implementation of a holistic, life -cycle approach to women's health, including access to affordable health care, the financial and organizational strengthening of family planning programmes and the provision of wide access to contraceptives for all women and men, in accordance with its general recommendation 24 on women and health. It urges the State party to reinforce programmes of sexual and reproductive education for both girls and boys in order to foster responsible sexual behaviour and further discourage abortion as a means of birth control. The Committee requests the State party to provide in its next periodic report more information and data on the prevalence of, and measures taken against, sexually transmitted diseases, including HIV/AIDS, among women, as well as on the efforts of the State party to further address the impact of the Chernobyl disaster on women.

43. The Committee is concerned about the lack of information in the report on minority women and the scarce data on migrant and older women.

44. The Committee requests the State party to provide in its next periodic report information and data on minority, migrant and older women, including their economic, employment and health situation.

(2000)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Belarus, 31/01/2000, CEDAW/C/2000/I/CRP.3/Add.5/Rev.1.

15. The Committee commends the Government for recognizing violence against women as a societal problem and for initiating legislation, establishing a crisis centre for victims of sexual and domestic violence, and starting awareness-raising activities. It also commends the Government for recognizing that trafficking in women as an emerging problem requiring sustained attention.

16. The Committee notes that human rights education has been introduced into curricula, including teaching on the human rights of women. It also notes that gender education is being introduced at tertiary educational institutions.

23. The Committee expresses its concern that no unified State policy is in place to eliminate discrimination against women and achieve equality between women and men. In particular, the Committee notes with concern that the Government predominantly uses an approach of service delivery to women rather than a human rights approach when implementing the Convention. In addition, such an approach currently emphasizes the protection of and the delivery of services to women mainly as mothers and members of families, thus perpetuating stereotypical attitudes concerning the roles and responsibilities of women.

24. The Committee urges the Government to reassess its overall policy towards women in a manner that recognizes women as individuals entitled to the realization of their human rights in accordance with the Convention. It calls on the Government, in its new national action plan to improve the situation of women in Belarus 2001-2005, to take a human-rights-oriented approach. It also urges the Government to ensure that its gender equality efforts target men as well as women.

25. The Committee expresses its concern that the country's legislation, in particular with regard to women's role in the labour market, appears to be overly protective of women as mothers and thus creates further obstacles to women's participation in the labour market.

26. The Committee calls on the Government to undertake a comprehensive legislative review so as to ensure that the full meaning of article 1 of the Convention is reflected in the country's Constitution and legislation. The Committee further urges the Government to create adequate remedies for women to obtain easy redress from direct and indirect discrimination, especially in the area of employment. It also calls on the Government to improve women's access to such remedies, including access to courts, by facilitating legal aid to women and embarking on legal literacy campaigns.

27. The Committee is concerned by the continuing prevalence of sex-role stereotypes, as also exemplified by the reintroduction of such symbols as a Mothers' Day and a Mothers' Award, which it sees as encouraging women's traditional roles. It is also concerned whether the introduction of human rights and gender education aimed at countering such stereotyping is being effectively implemented.

28. The Committee recommends the training of teachers to strengthen capacity for human rights education in schools. It also recommends monitoring human rights education and gender studies with regard to the number of educational establishments offering such education, and the impact of such education.

30. The Committee urges the Government to strengthen the status, the human and financial resources, as well as the capacity of the national machinery to gather and analyse data and information, and to develop legislative and policy proposals in all areas covered by the Convention.

31. The Committee is concerned at the economic situation of women which is characterized by poverty and increasing unemployment. The Committee is further concerned about the displacement of women from the labour market, even from sectors previously dominated by women. The Committee also notes with concern that re-employed women hold positions below their levels of education and skills. The Committee is also concerned that women are employed predominantly in low paying jobs, and that a wage gap between women and men persists. The Committee expresses its concern at the economic situation of particularly vulnerable groups of women, such as those with sole responsibility for families, older women and disabled women.

32. The Committee urges the Government to establish a legislative basis that ensures women equal access to the labour market and equal opportunities to work, and to create protection against direct and indirect discrimination with regard to access and opportunities. It calls on the Government to implement unemployment policies targeted at women. In particular, it recommends measures to facilitate women's entry into growth sectors of the economy rather into traditionally female-dominated employment. It calls on the Government to support women's entrepreneurship through the creation of a conducive legislative and regulatory environment and access to loans and credit.

35. The Committee is concerned that, although some efforts have been made, there is no holistic approach to preventing and eliminating violence against women, and punishing perpetrators.

36. The Committee calls on the Government to assess the impact of measures already taken to address the incidence of violence against women. It recommends addressing the root causes of violence against women, especially domestic violence, so as to improve the effectiveness of legislation, policies and programmes aimed at combating such violence. It also recommends that the legislation on violence against women be reviewed and strengthened. It further recommends that the Government put in place immediate means of redress, increase psychological counselling for victims, including those women who are serving prison sentences. The Committee urges the Government to implement training and sensitization of the judiciary, law enforcement officials and members of the legal profession, as well as awareness-raising measures to create zero tolerance in society with regard to violence against women.

37. The Committee expresses its concern about the increasing trend in trafficking for purposes of prostitution of Belarusian women, often under false pretense.

38. The Committee encourages the Government to increase its efforts, including through international and cross-border cooperation with recipient and transit countries to prevent trafficking in women, attack its root causes through poverty alleviation and assist its victims through efforts of counselling and reintegration.

39. The Committee expresses its concern with regard to women's health throughout the life cycle.

40. The Committee urges the Government to maintain adequate and affordable physical and mental health services for women throughout their life cycle, including for older women. In particular, the Committee urges the Government to increase affordable contraceptive choices for women and men so as to increase the use of contraception. It also urges the Government to review its occupational health and safety legislation and standards, with a view to reducing protective standards which often have a discriminatory effect on women in general and pregnant women in particular. It further recommends the collection of data on illnesses that are prevalent amongst women, and to monitor the HIV/AIDS prevalence among women. The Committee also recommends further efforts by the government to address the effects on women and children of the Chernobyl disaster, availing itself of international humanitarian assistance.

BELGIUM
(2002)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Belgium, 10/06/2002. A/57/38 (part 2, paras. 132-170).

136. The Committee commends the State party on its employment policy, which integrates equality between women and men. It notes with satisfaction the affirmative action measures provided for by Belgian legislation since the late 1980s, in order to bring about de facto equality between women and men in the public and private sectors. In particular, it expresses satisfaction at the actions taken to create a better distribution of working and household tasks between women and men.

137. The Committee commends the State party for its measures to eliminate traditional and stereotypical attitudes regarding the role of men and women in the family, in employment and in society.

138. The Committee commends the State party for introducing the rape law of 4 July 1989, the royal ordinances for the protection of workers against sexual harassment of 19 September 1992 and 9 March 1995, the law on human trafficking of 13 April 1995 and the law to combat violence between partners of 24 November 1997. It also commends the State party for the development by the Ethics Commission, pursuant to the law of March 1995, of a code of ethics for telecommunications information services in an effort to protect minors, in particular the girl child, by monitoring the presence of violence and sex in media programmes.

139. The Committee, while recognizing the adoption of a wide range of gender-equality policies, is concerned that a certain number of those policies have yet to be implemented or evaluated.

140. 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.

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

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

143. While recognizing that the existence of numerous federal and local structures on the advancement of women ensures that adequate attention is given to women's issues in the country and provides enhanced conditions for gender mainstreaming, the Committee notes that these various structures, based on different levels of autonomy and authority, might create difficulties as regards implementation of the Convention, as well as regarding coordination, accountability, responsibility and uniformity of results in the implementation of the Convention.

144. The Committee recommends to the State party that it ensure, through effective coordination of all efforts at all levels in all areas, that uniformity of results in the implementation of the Convention is achieved.

145. The Committee expresses concern that, in defining a broad concept of equality, the Constitution of Belgium does not specifically address discrimination on the basis of sex. While noting that the report addresses discrimination against men, the Committee emphasizes that the obligations in the Convention are directed at the elimination of discrimination against women.

146. The Committee calls on the State party to make the necessary legislative changes to deal with discrimination on the basis of sex. It urges the State party to frame its gender policy in both the elimination of discrimination and the promotion of equality, which are two different but equally important goals in the quest for women's empowerment. The Committee recommends that, when addressing discrimination against men, the State party should retain its focus on the Convention, and the need to achieve gender equality by eliminating discrimination against women.

151. The Committee is concerned about the high incidence of violence, including domestic violence, against women and children in the State party. In particular, the Committee is concerned that the mediation procedure established to facilitate reconciliation between the offender and the victim might condone violence by facilitating disadvantageous compromise. The Committee also expresses concern about the fact that Belgium 's law does not define sexual crime as a human rights violation and classifies sexual abuse as a crime of morality rather than as a violent crime.

152. The Committee calls on the State party to intensify its efforts to address the issue of violence against women, including domestic violence, as an infringement of human rights. In particular, the Committee urges the State Party to formulate appropriate measures and laws in conformity with its general recommendation 19 to prevent violence, punish and rehabilitate offenders and provide services for victims.

153. The Committee is concerned that sanctions under the 1995 law on human trafficking may not be adequate to deter trafficking. The Committee is also concerned that deletion of the crime of procuring to avoid sanctions for cohabitation may facilitate the exploitation of prostitutes.

154. The Committee recommends the formulation of a comprehensive strategy to combat trafficking in women and girls, including within the territory of the State party, which should include the prosecution and punishment of offenders, and increased international, regional and bilateral cooperation with countries of origin, transit and destination of trafficked women and girls. It encourages the State party to increase its efforts to combat the root causes of trafficking and assist its victims through efforts of counselling and reintegration. It calls on the State party to ensure that trafficked women and girls have the support that they need so that they can provide testimony against their traffickers. It also calls on the State party to review the change in the Law on procurement to ensure that the exploitation of prostitutes is not facilitated.

155. The Committee is concerned that the report provides insufficient information about the situation of migrant and refugee women.

156. The Committee calls on the State party to provide comprehensive information on these groups of women in its next periodic report.

157. While recognizing the achievements in ensuring women's health, in particular the State party's comprehensive policy to combat HIV/AIDS, the Committee is concerned about the disparities with regard to the health of women throughout the country. It is furthermore concerned about the phenomenon of teenage pregnancy and voluntary termination of pregnancy among women as young as 14.

158. The Committee urges the State party to effect better coordination of its health policy in conformity with the Convention and general recommendation 24 on women and health in all regions of the country. It further calls on the State party to formulate policies, strategies and programmes to prevent early pregnancies, including education campaigns addressed to young men as well as young women.

159. While noting that the State party provided comprehensive annexes to the report, the Committee expresses concern about the insufficient sex-disaggregated statistical data in the report.

160. The Committee recommends a comprehensive compilation and analysis of sex-disaggregated data as relevant under federal and regional authorities. It urges the State party to include such statistics and data in the text of its next report rather than as annexes to the report.

161. The Committee is concerned about the continuing high level of unemployment among women, the high number of women in part-time and temporary jobs and the wage discrimination faced by women.

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

163. The Committee is concerned about the discrimination women face concerning issues of social security and taxation.

164. The Committee urges the State party to analyse the various forms of discrimination on issues of social security and taxation faced by women, to remedy such discrimination and to provide information in its next report on these areas.

165. The Committee is concerned about the discriminatory nature of Belgian law on family names, which does not allow a child to be given the name of his/her mother at his/her birth when his/her parents are married or cohabiting.

166. The Committee calls on the State party to modify the legislation on family names to permit choices in transmitting family names to children.

(1996)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Belgium, 09/05/96, A/51/38, paras. 164-196.

177. The Committee expressed its satisfaction at the Government's clarification of the definition of rape to include marital rape and its campaign to combat violence against women by mobilizing the media for that purpose. It also appreciated government subsidies to shelters for victims of violence and the training programmes to sensitize law enforcement agencies in dealing with violence against women.

181. The Committee noted with interest the decriminalization of voluntary interruption of pregnancy and the observance of confidentiality in counselling women who may or may not opt for it, and welcomed the information that there had not been an increase in the number of requests for voluntary interruptions of pregnancy.

BELIZE (1999)

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

18. The Committee is of the view that the Church-State system of education perpetuates an intermingling of the secular and religious spheres, which is a serious impediment to the full implementation of the Convention. The consequences of this system seriously affect girls' and women's right to education and to health, including reproductive health, protected under the Convention.

22. The Committee is seriously concerned about the consequences of the Church-State system of education on girls' and young women's right to education. In this regard, the Committee is concerned that schools are free to expel girls from school because of pregnancy, and that only a few secondary schools allow girls to continue their education after pregnancy. The Committee notes that this not only violates the Convention, but also the Constitution of Belize. The Committee is further concerned that, under the same system, schools are allowed to dismiss unwed teachers who become pregnant. The Committee considers this also to be in violation of the Convention. While noting with appreciation the Minister's commitment, expressed during the dialogue, to work for change in this regard, the Committee notes the absence of any kind of policy or legislative initiative to reverse this situation.

23. The Committee urges the Government to place the highest priority on eliminating discrimination against women and girls in education because of pregnancy, through both legislative provisions and adequate policy measures. It calls on the Government to strengthen the role of the National Council of Education in protecting girls' and teachers' rights in education. It urges the Government to formulate needed policy and legislative measures to ensure de facto adherence to articles 10, 11 and 12 of the Convention.

26. The Committee is concerned at the high incidence of teenage pregnancy, with 23 per cent of births in 1998 being to women under 19 years of age, which, in combination with the prevention of teenage mothers from pursuing their education, is predestined to reduce women's economic opportunities and thus increase their level of poverty. The fact that 60 per cent of births to young women are unplanned is indicative of the lack of adequate family planning information and contraceptive use. The Committee is also concerned at the restrictive abortion laws in place in the State party. It is concerned that, in 1998, so-called "unspecified abortions" (abortions initiated outside the formal health sector) were the fifth cause of hospitalization, and hospitals discriminate against these women in the provision of services and care. In this regard, the Committee notes that the level of maternal mortality due to clandestine abortions may indicate that the Government does not fully implement its obligations to respect the right to life of its women citizens. The Committee is concerned that, while there are no legal barriers, the need for contraception remains unmet.

27. The Committee urges the Government to revise its abortion laws, in particular since according to the information provided, existing legislation penalizing abortion is not strictly enforced. It also urges the Government to include age-appropriate sex education in school curricula and to conduct awareness campaigns so as to reduce teenage pregnancy rates and to increase girls' and women's life choices. The Committee also urges the Government to implement programmes and policies aiming to increase knowledge about, and availability of, various types of contraceptives, with the understanding that family planning is a joint responsibility of both partners.

28. The Committee is concerned at the high incidence of HIV/AIDS infection in the country.

29. The Committee recommends that the Government implement awareness-raising programmes and policies about the prevention of HIV/AIDS and encourage the use of condoms.

30. The Committee invites the Government to assess the mental health status of women in Belize, and to include information thereon in its next report.

31. Noting the recent revision of the Criminal Code with regard to repealing the need for corroborating evidence in sexual offence cases, including rape, the Committee remains concerned that the existing provision demands higher evidentiary requirements in these cases than for other crimes. The Committee is concerned that this constitutes a serious impediment to women seeking justice in sexual offence cases, and thus to the elimination of discrimination.

32. The Committee recommends that the Criminal Code be kept under review with a view to placing sexual offences and violence on a par with other criminal offences. It also urges the Government to ensure that investigation and prosecution of rape and sexual offence cases are conducted as rigorously as in other criminal cases. The Committee urges the Government to seek, as a priority, the repeal in the Criminal Code of the marital immunity relating to rape.

35. The Committee notes a lack of data disaggregated by sex and age, including a breakdown by urban and rural categories, on health issues, illiteracy rates and the situation of immigrant women.

36. The Committee recommends that the Government improve data collection through its census to create a better basis for gender-sensitive policy-making and, to that end, seek technical and financial support from international agencies.

37. The Committee commends the Government for the introduction of the Commonwealth gender management system to ensure that a gender perspective is reflected in all governmental policies and programmes, and requests that an assessment of progress made in this regard be included in the next report.

BHUTAN (2004)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Bhutan, 16,22/2004, CEDAW/C/2004/I/CRP.3/Add.3/Rev.1.

12. The Committee welcomes the significant progress achieved by the State party from 1984 to 2000 in improving the welfare of its people, including its women, such as a decrease in maternal mortality from 7.7 to 2.5 per 1,000 live births.

15. The Committee is concerned that existing legislation does not contain a specific definition of discrimination against women in accordance with article 1 of the Convention, which prohibits both direct and indirect discrimination.

16. The Committee urges the State party to take full advantage of the ongoing process to elaborate a Constitution, to include the principle of equality between women and men as well as a definition of discrimination against women in the draft Constitution. The Committee recommends that, in drafting its Constitution, the State party also be guided by other international human rights instruments. The Committee calls on the State party to adopt its draft Constitution in an expeditious manner.

17. The Committee is concerned that, in the event of conflict between international conventions to which Bhutan is a State party and domestic legislation, domestic law may prevail.

18. The Committee recommends that the State party incorporate in the Constitution the primacy of international conventions, to which Bhutan is a State party, over domestic law in case of conflict. The Committee also recommends that the State party under all circumstances undertake awareness-raising and sensitization of the judiciary and other law enforcement authorities about the Convention.

19. The Committee notes with concern the lack of specific information concerning the mandate and the human and financial resources of the existing national machinery for the advancement of women.

20. The Committee recommends that the State party strengthen the existing national machinery, clarify its mandate and provide it with adequate decision-making power and human and financial resources to work effectively for the promotion of women's human rights at all levels, and enhance coordination among the existing mechanisms for the advancement of women and the promotion of gender equality, including the Planning Commission and the National Statistical Bureau. It also urges the State party to ensure that the National Commission for Women and Children becomes fully functional and is guided in its work by the provisions of the Conve ntion on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child to ensure full promotion and protection of the rights of women and girls.

21. The Committee expresses concern that policies and programmes are mostly gender neutral and that they were formulated without attention to gender perspectives and to discrimination and inequality faced by women and girls.

22. The Committee urges the State party to mainstream gender perspectives when formulating and implementing policies and programmes, as well as in monitoring and assessing progress achieved. It also urges the State party to implement policies and programmes specifically addressed to women and girls, including the next five -year plan for women, 2006-2010, in order to accelerate achievement of substantive equality. It urges the State party to apply temporary special measures according to article 4, paragraph 1, of the Convention and general recommendation 25 on temporary special measures, inter alia, in education, employment and professional fields, in order to accelerate the progress in achieving gender equality.

25. The Committee is concerned about the lack of special policies and programmes to promote women's equal employment opportunities in the country. It is also concerned that the national labour legislation currently under preparation recognizes "equal pay for equal work", but not "equal pay for work of equal value".

26. The Committee recommends that the State party implement targeted policies and programmes, including temporary special measures in accordance with article 4, paragraph 1, of the Convention and general recommendation 25, in order to increase the number of women in the formal work force. It also urges the State party to ensure that the draft Labour Act also takes into account the right to "equal pay for work of equal value" and contains provisions to facilitate women's access to justice in instances of discrimination.

27. The Committee, while welcoming the preparation of the 2001 baseline gender pilot study to collect gender-disaggregated data, and the commitment to make the collection of such data mandatory, expresses concern about the insufficient sex-disaggregated statistical data in the report in the areas covered by the Convention.

28. The Committee recommends the systematic and comprehensive compilation and a thorough analysis of sex-disaggregated data on the situation of women in all areas covered by the Convention, and specifically on the various aspects of rural women's situation.

29. While welcoming the significant progress achieved in the increase in the enrolment rate in primary education, where girls now constitute 45 per cent of the enrolled students, the Committee is concerned about the low participation of girls and women in secondary and tertiary education, including in technology- and science-related courses.

30. The Committee encourages the State party to continue its efforts to close the gender gap in primary education and to take all necessary measures to increase the number of women in secondary and tertiary education in the country, including in technology- and science-related courses, in order to ensure that girls and women are accorded an equal opportunity to study, develop and benefit from science and technology. It also urges the State party to ensure that women have equal access with men to governmental loans and scholarships for pursuing higher education abroad.

31. While acknowledging that several traditional perceptions and practices in Bhutan favour women, including with regard to inheritance, the Committee remains concerned that some traditions and stereotyped views in the country may be discriminatory of women and girls, and perpetuate sex-specific roles and responsibilities in some spheres of life. The Committee expresses concern at the continued existence of polygamy in Bhutan.

32. The Committee urges the State party to analyse existing traditions and stereotyped views in order to assess their impact on gender equality. It recommends that policies be developed and programmes be directed at men and women to support the elimination of stereotypes associated with traditional roles in the family, the workplace, and society at large, and to prevent the emergence of new stereotypes that are discriminatory against women. It also 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 public and private spheres. The Committee recommends action by the State party to end the practice of polygamy, in accordance with the Committee's general recommendation 21 on equality in marriage and family relations.

33. Noting that the overwhelming majority of women live in rural areas, the Committee is concerned about their situation, particularly with regard to their access to education and vocational training. It is particularly concerned about the continuing high rates of illiteracy among rural women, and about their limited representation in rural leadership positions and limited participation in agricultural and animal husbandry training programmes.

34. The Committee urges the State party to ensure that the rights, needs and concerns of rural women are given greater attention and visibility, and that rural women participate fully in the formulation and implementation of all sectoral policies and programmes. It also recommends that the State party ensure that rural wo men and girls have full access to education and vocational training in the areas where they live.

35. While recognizing progress made in the area of women's health, the Committee expresses concern about the lack of a holistic and life-cycle approach to women's health.

36. The Committee calls upon the State party to increase women 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 also calls upon the State party to step up its efforts to implement awareness-raising campaigns targeting women and men on the importance of family planning and related aspects of women's health and reproductive rights.

37. The Committee is concerned that no specific legislation has been enacted to combat domestic violence and sexual harassment at the workplace, and that there is a lack of systematic data collection on violence against women, in particular domestic violence.

38. The Committee urges the State party to ensure the full implementation of all legal and other measures relating to the elimination of violence against women, to systematically monitor the impact of those measures and to provide women victims of violence with accessible and effective means of protection, redress and recovery. In the light of its general recommendation 19, theCommittee requests the State party to enact legislation on domestic violence and sexual harassment as soon as possible. The Committee also urges the State party: to accelerate the adoption of the draft Bhutan Penal Code, which recognizes marital rape as a crime; to devise a structure for systematic data collection on violence against women, including domestic violence, disaggregated by sex; and to step up its efforts to provide comprehensive training to the judiciary, police, medical personnel and other relevant groups on all forms of violence against women.

39. The Committee, while appreciating the State party's ratification of the South Asian Association for Regional Cooperation Convention on Preventing and Combating Trafficking in Women and Children for Prostitution in 2003, is concerned that no information has been provided in the report on the extent of trafficking in women and girls, as well as on measures taken to prevent and combat this phenomenon in the country.

40. The Committee recommends that the State party increase efforts at cross-border and international cooperation to prevent and combat trafficking in women and girls. It urges the State party to collect data and to provide information on the extent of trafficking in women and girls, as well as measures to prevent and combat trafficking, in its next report.

41. The Committee is concerned about the practice of common-law marriages, which allows girls to be married at 15 years of age, while the statutory age of marriage is 18. It is also concerned about the fact that restrictive citizenship laws might prevent women from freely choosing a spouse.

42. The Committee urges the State party to eliminate the practice of common-law marriages and ensure that marriages are contracted under the 1980 Marriage Act, amended in 1996, which raised the legal age for marriage to 18 years for both sexes so as to comply with article 16 (b) of the Convention, requiring free and full consent to enter into marriage. The Committee also urges the State party to take all appropriate measures to end the practice of forced marriages. The Committee recommends that the State party amend its citizenship and nationality laws to bring them into conformity with article 9 of the Convention.

43. The Committee is concerned about the situation of ethnic Nepalese women who lost their Bhutanese citizenship following the enactment of the 1985 Citizenship Act and now live in refugee camps in Nepal. It is also concerned about the situation of girls born of Bhutanese parents in refugee camps who can only obtain naturalization after the age of 15 years.

44. The Committee urges the State party to step up its efforts to conduct negotiations with the Government of Nepal, and to collaborate with the Office of the United Nations High Commissioner for Refugees, in order to find a prompt, just and durable solution to the situation of Bhutanese women and girls living in the refugee camps in Nepal, including the possibility of their return to Bhutan for those Bhutanese women who wish to do so.

BOLIVIA (1995)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Bolivia, 31/05/95, A/50/38, paras. 42-104.

64. As prostitution existed in practically every country in the world, members felt that Bolivia should not have any misgivings about its "indirect approval" referred to in paragraph 86 of the report and considered the practice of periodic medical examinations of prostitutes a laudable measure. Further information was requested about the number of women prostitutes, their social strata, the conditions under which they worked and the measures taken for their social reintegration.

65. Regarding any possible protection of prostitutes against the human immunodeficiency virus (HIV)/acquired immune deficiency syndrome (AIDS), the representative said that although the National AIDS Programme foresaw measures of prevention for prostitutes, no corresponding laws had as yet been adopted.

67. Regarding a question about the meaning of "offences against sexual morality", the representative said such offences ought to be eliminated from the Penal Code as they were discriminatory against women.

82. Asked about abortion, the representative explained that it was legal only in cases of rape and danger to the mother's life. She did not give the actual rate of abortion, but said that it was widespread and carried out in unsafe conditions. It accounted for 30 per cent of maternal mortality. The Government did not intend to legalize abortion. Asked about consciousness-raising programmes for family-planning schemes, she said that the Government fully endorsed the declaration adopted at the World Conference on Population and Development held at Cairo in 1994 concerning reproductive rights and sexual education for teenagers in view of the health of the family.

83. It was asked whether there was a constitutional or legal basis for the high fertility rate of women or whether the reasons lay within societal or cultural aspects. Comments were made on the chronic malnutrition affecting women and it was asked what percentage of women, in general, had access to safe motherhood, what the situation was in rural areas and which measures the Government had initiated to reduce teenage pregnancies and the high level of maternal mortality.

84. Members asked whether victims of rape could report the incidents to the public prosecutors, and if so, whether measures were being taken to lift any legal bias against rape victims. Members asked further whether crisis centres took care of victims of rape or other sexual abuse and how the police and the courts were handling cases of violence against women and whether they received any training on these matters.

BOSNIA AND HERZEGOVINA (1994)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Bosnia and Herzegovina, 12/04/94, A/49/38, paras. 732-757.

734. The representative of Bosnia and Herzegovina referred to the mass and systematic rape of non-Serbian women of all ages, stressing that the majority had been Muslim Women, as one of the most complex manifestations of aggression, the policy of ethnic cleansing and a particular form of genocide. According to the State Commission in Bosnia and Herzegovina, approximately 25,000 victims had been registered. Women had also been victims of massive deportation and detention in most of the 200 registered camps in the occupied territories. Those camps were the scene of large-scale rapes, forced prostitution and other abuses. She provided examples of camps, restaurants and hotels where such abuses took place on a massive scale. In some cases, after being raped, women were killed, had disappeared or had committed suicide. Those actions were premeditated, carefully organized and meant as acts to humiliate, shame and degrade the entire ethnic group. They were not just products of the "war environment". Some acts of violence against women's integrity took place in front of their family members, or even local communities. She referred further to the reports of experts, submitted to the General Assembly or the Security Council, for example, the report of the Special Rapporteur (A/48/92-S/25341), as well as the relevant resolutions of those organs (General Assembly Resolution 48/143; Security Council resolutions 780 (1992) and 798 (1992)), in which they strongly condemned those acts and pointed to the consequences of those crimes for their victims, such as unwanted pregnancies, mainly ending in abortions, and physical and psychological damage, ruining their family, social and private lives as well as their health and well-being. For the nation it meant humiliation, disintegration of tradition and culture. In order to assist the victims, the Government had committed itself to their protection, focusing on financial, medical and psychotherapeutic help as well as the prevention of any form of discrimination and assistance in their reintegration into society. The issue was addressed in the work of some non-governmental organizations and several centers had been opened to assist traumatized women.

738. Asked whether there were any specific machinery for women providing them with humanitarian and legal assistance and information about their rights and the Convention, the representative answered that she was not aware of any specific mechanism dealing separately with women's issues. People had many more immediate and dramatic needs that the Government had to address, such as the lack of water, food, fuel, other basic goods, medicines and shelter in the besieged cities. Initiatives and structures related to the advancement of women had existed before the war. She would, however, provide more details in the next report.

739. Other questions related to the specific assistance provided to women victims of rape; the exact number of therapeutic and rehabilitation centers for women victims of violence; and the ways in which women were involved in their organization. It was also asked whether the denunciation of the rapes by the international public opinion and media was helpful.

740. In reply the representative stated that there were specific centers for all traumatized women, providing psychotherapy, consultations and other forms of assistance to alleviate their plight. Although those centers assisted women victims of rape, they were also accessible to other war victims in order not to label and single out raped women. She was not able to provide comprehensive information on those centers, and she stated that any assistance from the international community with regard to alleviating the consequences of that traumatic situation for women was helpful.

741. With regard to the request for more detailed information about how the number of 25,000 women victims of rape had been estimated, the representative replied that it was difficult to compile the full evidence in the conditions of war. Certain camps were not accessible even to the official investigating teams, or had often been relocated or closed if the inspection was expected. Certain parts of the country had not been accessible until now. Besides, many women were not willing to provide testimony, but rather preferred to put the tragedy behind them and move on with their lives. Thus, the data compiled by the State Commission had been based on the reports of various commissions, women's testimonies, information provided by women's groups and refugee women. The figure of 25,000 had been carefully estimated and was considered on the low side. She further pointed to the necessity to distinguish between the rape that was known to take place in the environment of war and disorder and the genocidal rape of women in her country, which was a matter of policy and was used as means of warfare to achieve the goals of ethnic cleansing, to humiliate the nation and the ethnic group, to result in forced pregnancies reminding women of the terror and preventing them and their families from leading normal lives. Thus, attempts to educate society how to help the victims and cope with the situation were very important.

742. The experts further asked who specifically dealt with the consequences of violence against women, including forced pregnancies, what measures had been taken in that respect by the Government and non-governmental organizations and whether there were any women's support groups. It was asked whether abortion was accessible to women victims of rape if they decided to undergo it; what was the legal status of children born as a result of rape and whether they were taken back by the families or placed in orphanages.

743. In reply, the expert stated that, in assisting traumatized women, the Government could not go much beyond the measures already described in her presentation. Daily preoccupation with such essential matters as the provision of fuel, food, clothing and medicines; maintenance and reconstruction of electricity, water, telecommunication and transportation lines; restoration of houses, shelters and hospitals absorbed fully the Government. Besides, the war was still going on and creating additional daily demands. There was no information on the number of abortions performed as a result of rape. However, it was assumed that a number of women decided to give birth to the child, neither admitting nor discussing the fact that it had been conceived as the result of rape. There were, however, also the cases of self-inflicted abortions, reported by some grass-roots organizations. Although the law permitted abortion, it was not always possible in practice owing to scarce medical facilities. There was also no specific information on children born as the result of forced pregnancies and the incidence of rape. Numerous non-governmental organizations carried out various forms of medical, psychological and therapeutic activities aimed at assisting those women, helping them to cope with the situation, to go on with their lives. Some other non-governmental organizations focused on the collection of data and testimonies from women victims of rape in order to prepare for court proceedings, including the future presentation of cases at the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. Those women's groups often received assistance and training from women's networks in other countries, mainly in the West.

749. In reply to questions related to the medical needs of women, in particular specific needs of women victims of rape, and the overall state of the health services, the representative replied that, although the level of medical services had been very high in the past, they had been largely destroyed through the war and were affected by the lack of basic equipment and medicines. Thus, the capacity of those services had been very limited and continued to be affected on a daily basis by shelling or siege.

BRAZIL (2003)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Brazil, 17/072003, A/58/38, paras. 92-134.

92. The Committee commends the State party on its Federal Constitution of 1988 that enshrines the principle that men and women have equal rights and duties; prohibits discrimination in the labour market by reason of sex, age, colour or marital status; protects motherhood as a social right by ensuring maternity leave without the loss of job and salary; and establishes the duty of the State to suppress violence within the family.

93. The Committee commends the State party for a number of legal reforms introduced since the ratification of the Convention in 1984, including the law on paternity suits involving children born out of wedlock; the law on the right to family planning; the law that criminalizes sexual harassment; and the law that provides for restraining orders in domestic violence cases. The Committee also welcomes the recent reform of the Civil Code that introduces equality between spouses in gender-neutral terms, but acknowledges that some anachronistic provisions remain.

94. The Committee welcomes the creation of the Special Secretariat for Women's Policies, which, reports directly to the President and has advisory, coordinating and monitoring functions with respect to women's policies. The Committee considers that the placement of the new national machinery at the ministerial level reflects strong political will and the Government's commitment to working towards achieving equality between women and men in compliance with the Convention.

98. The Committee expresses concern about the wide gap between the constitutional guarantees of equality between women and men and the present de facto social, economic, cultural and political situation of women in the State party, which widened with respect to women of African descent and indigenous women.

99. The Committee requests the State party to ensure full implementation of the Convention and constitutional guarantees through comprehensive legislative reform to provide for de jure equality and to establish a monitoring mechanism to ensure that the laws are fully implemented. It recommends that the State party ensure that those who are responsible for implementing such laws at all levels be made fully aware of their content.

100. The Committee notes with concern that, while international treaties to which Brazil is a party have become part of domestic law, there is disagreement in the judiciary as to the legal doctrine regarding the status of such international treaties and their direct applicability.

101. The Committee recommends that awareness-raising and sensitization of the judiciary and other law enforcement authorities be undertaken to alter the predominant view of the status of international treaties in the hierarchy of Brazilian law.

102. The Committee is concerned that sharp economic and social regional disparities, particularly in access to education, employment and health care, are posing difficulties in ensuring uniform implementation of the Convention throughout the country.

103. The Committee recommends to the State party that it ensure uniformity of results in the implementation of the Convention in Brazil, not only at the federal level, but also at the State and municipal levels, through effective coordination and the establishment of a mechanism to monitor compliance with the provisions of the Convention at all levels and in all areas.

104. The Committee is concerned that the Penal Code still contains several provisions that discriminate against women. It is concerned about articles 215, 216 and 219 that require the victim to be an "honest woman" in order to prosecute the perpetrator. It is also concerned that article 107 covering "crimes against custom" provide for mitigation of sentence when the perpetrator married his victim, or when the victim marries a third party. The Committee notes that the draft bills to amend the Penal Code are being discussed in the National Congress.

105. The Committee calls upon the State party to give priority to amending the discriminatory provisions of the Penal Code without delay so as to bring the Code into line with the Convention and the Committee's general recommendations, in particular general recommendation 19 on violence against women.

106. The Committee is concerned that, despite a Federal Supreme Court ruling in 1991, the judiciary sometimes continues to apply the defence of honour in cases of men accused of assaulting or murdering women. The Committee is concerned that such decisions lead to serious violations of human rights and have negative consequences for society, strengthening discriminatory attitudes towards women.

107. The Committee recommends that the State party implement training and awareness-raising programmes to familiarize judges, prosecutors and other members of the legal profession with the Convention and its Optional Protocol. It also recommends that the State party implement sensitization activities addressed to the general public on the human rights of women.

108. The Committee is concerned about the glaring persistence of stereotyped and conservative views, behaviour and images of the role and responsibilities of women and men, which reinforce women's inferior status in all spheres of life.

109. The Committee recommends that policies be developed and that programmes directed at men and women be implemented to help ensure the elimination of stereotypes associated with traditional roles in the family and the workplace, and in society at large. It also recommends that the media be encouraged to project a positive image of women and of the equal status and responsibilities of women and men both in the private and public spheres.

110. The Committee is concerned about the impact of poverty on Brazilian women of African descent, indigenous women, female heads of household and other socially excluded or marginalized groups of women and about their disadvantaged position with respect to access to education, health, basic sanitation, employment, information and justice.

111. The Committee urges the State party to ensure that its poverty eradication measures give priority attention to Brazilian women of African descent, indigenous women, female heads of household and other socially excluded or marginalized groups of women through adequately funded programmes and policies addressing their specific needs.

112. While acknowledging the efforts made to address violence against women, including the early establishment of specialized police stations (DEAMS) and shelters, the Committee is concerned about the persistence of violence against women and girls, including domestic violence and sexual violence, the existing lenient punishments for offenders and the absence of a specific law on domestic violence. The Committee is further concerned that violence against women, including domestic violence and sexual violence, is not being sufficiently addressed owing to the lack of information and data.

113. The Committee urges the State party to take all necessary measures to combat violence against women in conformity with the Committee's general recommendation 19 to prevent violence, punish offenders and provide services for victims. It recommends that the State party adopt without delay legislation on domestic violence and undertake practical measures to follow up and monitor the application of such a law and evaluate its effectiveness. It requests the State party to provide comprehensive information and data on violence against women in its next periodic report.

114. The Committee is concerned about reports that indigenous women are being sexually abused by military units and prospectors (gold miners) on indigenous lands. The Committee notes that the Government is considering developing a code of conduct to regulate the presence of the armed forces on indigenous lands.

115. The Committee calls upon the State party to take necessary measures to raise awareness of the situation of indigenous women and girls and ensure that sexual violence against them is prosecuted and punished as a grave crime. It also urges the State party to adopt preventive measures, including swift disciplinary inquiries and human rights education programmes for the armed forces and law enforcement personnel.

116. The Committee is concerned at the increased rate of the various forms of sexual exploitation of and trafficking in women and girls in Brazil, both internally and across borders. It is particularly concerned about the participation of police personnel and their connivance in sexual exploitation and trafficking and about the impunity of abusers, aggressors, exploiters and traffickers as reported by the State party. The Committee notes a lack of sex-disaggregated data and insufficient information on the sexual exploitation of street children and adolescents.

117. The Committee recommends the formulation of a comprehensive strategy to combat trafficking in women and girls, which should include prosecution and punishment of offenders and protection and support to victims. It recommends the introduction of measures aimed at eliminating women's vulnerability to traffickers, particularly young women and girls. It recommends that the State party enact anti-trafficking legislation and make the fight against trafficking in women and girls a high priority. The Committee requests the State party to include comprehensive information and data in its next report on the issue as well as on the situation of street children and adolescents and on policies adopted to address their specific problems.

118. While commending the recent appointment of five women ministers and noting the significance of the legal provisions adopting quotas for women's participation in elected bodies, the Committee remains concerned that women are still significantly underrepresented at all levels and instances of political decisionmaking. It is further concerned that implementation of the quotas is controversial and lacks efficacy.

121. The Committee recommends that proactive policies for women's increased participation at those levels be adopted and, when appropriate, temporary special measures in accordance with article 4, paragraph 1, of the Convention be taken to ensure women's real empowerment on equal terms with that of men.

122. Although women's access to education has improved, the Committee is concerned at the high rate of illiteracy and the low percentage of women having education beyond primary school. It is further concerned at the persistence of gender segregation in educational fields and its consequences for professional opportunities. The Committee is also concerned that, even though teaching is a preponderantly female profession, women are underrepresented in higher education.

123. The Committee recommends that proactive measures for women's access to all levels of education and teaching be strengthened, particularly for marginalized groups of women, and that diversification of educational and professional choices be actively encouraged for women and men.

124. The Committee is concerned about discrimination against women in the labour market, where women earned significantly less than men in all states, irrespective of their skills or education. It is concerned that the poor conditions of employment of women, in general, including vertical and horizontal segregation, are compounded by race and ethnicity. The Committee is particularly concerned about the precarious situation of domestic workers, the vast majority of whom are denied rights that other categories of workers enjoy, such as mandatory limitation of the workday.

125. The Committee recommends that measures be taken to guarantee implementation of article 11 of the Convention and the application of relevant International Labour Organization conventions, in particular those on non-discrimination in employment and equal remuneration for equal work and work of equal value for women and men. It recommends that measures be taken to eliminate occupational segregation, in particular through education and training. The Committee calls on the State party to bring all domestic workers within the bounds of its labour legislation.

126. The Committee is concerned at the high maternal mortality rate, particularly in the more remote regions where access to health facilities is very limited. The Committee is also concerned at the health condition of women from disadvantaged groups and at the high rate of clandestine abortion and its causes, linked to, among others, poverty, exclusion and a lack of access to information. The Committee is further concerned that, notwithstanding progress in relation to the control of HIV/AIDS, the number of infected women, particularly young women, had increased.

127. 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, including young women, women from disadvantaged groups and rural women. Those measures are essential to reduce maternal mortality and 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. The Committee also recommends that sex education be widely promoted, particularly targeting adolescents, with special attention to the prevention and further control of HIV/AIDS.

128. The Committee notes a lack of comprehensive data on rural women, including on race and ethnicity, as well as insufficient information on their overall situation.

129. The Committee recommends that the State party generate comprehensive sex-disaggregated data, including data on race and ethnicity, that showed the evolution and impact of programmes on the country's rural women in its next periodic report.

130. The Committee is concerned at the State party's use of the term "affirmative action" to describe some of its measures aimed at eliminating discrimination, rather than to describe temporary special measures aimed at accelerating equality.

131. The Committee recommends that the State party, in devising policies for the achievement of gender equality, not only eliminate discrimination, but in line with article 4, paragraph 1, of the Convention adopt temporary special measures to accelerate the process of achieving equality.

132. While appreciating the fact that the State party's views on the concept of "equity" take into account concrete unequal situations and lay the foundation for temporary special measures, the Committee notes that the terms "equality" and "equity" are used synonymously throughout the report in describing laws, policies, plans and strategies.

133. The Committee recommends that the terms "equity" and "equality" not be used synonymously or interchangeably and that a clear understanding of the term equality, both formal and de facto, should underpin laws, policies, plans and strategies to ensure the State party's compliance with its obligations under the Convention.

134. The Committee requests the State party to respond in its next periodic report, due in 2005, to the issues covered in the present concluding comments. It also requests the State party to improve the collection and analysis of statistical data, disaggregated by sex, age, race and ethnicity, and to report on the results of programmes and policies, planned and undertaken, in its next periodic report to the Committee.

BULGARIA (1998)

Concluding Observations of the Committee on the Elimination of Discrimination against Women: Bulgaria, 14/05/98, A/53/38, paras. 208-261.

243. Although some information is provided about measures to combat trafficking in women, the Committee remains concerned about the adequacy of the response so far. The Committee is concerned about the extent of the problem, regarding both Bulgarian women who are led into prostitution in other European countries by organized crime, as well as women from other countries who have fallen into prostitution in Bulgaria. The Committee notes the Government's undertaking to give priority to international cooperation on this issue and looks forward to information about the progress achieved in the State party's next report.

BURKINA FASO (2000)

Concluding observations of the Committee on the Elimination of Discrimination against Women: Burkina Faso, 31/01/2000, A/55/38, paras. 239-286.

256. The Committee commends the Government for having adopted new legal and institutional measures since the submission of the initial report in order to implement the Convention and fulfil its commitments vis-à-vis the international community. The Committee notes with satisfaction that the Individual and Family Code restores to women their fundamental rights and establishes the principles of equal consent to marriage choice of residence of the spouses during the marriage and the right to succession for the surviving spouse. The Code also regulates the marriageable age and establishes monogamy as the legal form of marital union.

257. The Committee congratulates the Government on the fact that the 1991 Constitution recognizes equality and non-discrimination against women.

258. The Committee commends the Government on the fact that, as a result of the revision of the labour code in 1992, the principle of equality has been confirmed and a definition of discrimination has been established.

259. The Committee notes that the May 1996 law on agrarian and land reorganization has accorded women the same rights and conditions of access to land as men.

260. The Committee welcomes the establishment in June 1997 of the Ministry for the Advancement of Women, which demonstrates the Government's interest in the development of women's rights. The Committee also notes with satisfaction that the Ministry for the Advancement of Women has designated a focal point in all the ministries involved in the follow-up of national policies and programmes to benefit women in order to incorporate a gender-specific approach at the level of analysis and to evaluate the results achieved.

261. The Committee particularly commends the Government of Burkina Faso on the provisions and policies adopted in conjunction with all civil society to eradicate the practice of genital mutilation, which infringes on the right to personal security and the physical and moral integrity of girls and threatens their lives and health.

262. The Committee notes with satisfaction the promulgation of a provision in the penal code in 1996 which prohibits and punishes female genital mutilation.

263. The Committee notes that the economic difficulties, resulting mainly from the scarcity of State resources and the discriminatory customary and traditional practices, which are still a heavy burden for the women of Burkina Faso, exacerbate the very high illiteracy rate in Burkina Faso and therefore hinder the implementation of the Convention.

264. The Committee also notes that all the human development indicators -- particularly in rural areas -- are among the lowest in the continent and constitute a serious obstacle to the implementation of the Convention.

265. The Committee is concerned about the prevalence of discriminatory traditions and customs which accentuate stereotypes and resist all change. These social practices, attitudes and beliefs derive from an overwhelmingly rural population with low levels of literacy and are contributing to the delay in the advancement of women.

266. The Committee urges the Government to adopt all appropriate measures and policies to develop the sociocultural climate to the benefit of women. The Committee calls on the Ministry for the Advancement of Women, with the cooperation of NGOs, intellectuals, religious leaders and the media, to encourage a change in people's way of thinking and accelerate the process of the emancipation of women through law reform, information, education and communications activities, particularly in rural areas, so that a change takes place in women's view of themselves and society as a whole recognizes that the participation of women is necessary for the development of Burkina Faso.

267. The Committee is very concerned about the female illiteracy rate, particularly in rural areas, which is one of the highest in the world.

268. The Committee recommends that the Government accord priority to the education of girls and women, seeking international assistance, to ensure and promote universal enrolment of girls and preclude drop-out. It calls on the Government to allocate more financial and human resources to the education sector, to recruit more women teachers and to ensure that school textbooks no longer carry negative images of women.

269. The Committee also recommends that, in addition to formal education, the Government should focus its efforts on informal education and the campaign against illiteracy through programmes targeted at girls and women. The Committee urges the Government to take into account the importance of civic education for women and the family and the teaching of human rights throughout the school curriculum.

270. The Committee, while welcoming the State party's efforts to analyse and identify the various forms of violence against women, is concerned about the absence of legislative texts and policies which would specifically protect women who are victims of domestic and sexual violence.

271. The Committee recommends that the Government should take adequate legislative and structural measures and provide assistance to these women. The Committee also recommends that, as in the case of the campaign to combat genital mutilation, education and awareness-raising activities on the phenomenon of violence within the family and sexual violence should be directed towards the police force, judges, health-care providers and the media so that their efforts can be more effective. A legal education campaign directed at women is desirable, so that they are better aware of their rights.

274. The Committee is particularly concerned about the precarious state of women's health, especially in rural areas. The high rates of maternal and infant mortality caused by infectious diseases and malnutrition result from the lack of local health-care centres and adequate health-care providers. The Committee notes with concern the lack of access for women to family planning services.

275. The Committee recommends that the Government should pay particular attention to this problem in order to improve the indicators of women's health. It recommends that national reproductive health programmes should be drawn up both for women and for girls in order to prevent early pregnancy and induced abortion.

276. The Committee recommends that the access of women to primary health services and drinking water be facilitated. It encourages the Government to integrate family planning services in primary health care so that women can have easier access to them. The Committee recommends that the State party should organize awareness-raising and information activities for women about contraceptive measures and should involve men in these activities. It also recommends that the State party should review its legislation on abortion and provide for coverage by social security. The Committee further recommends that the female population should be made aware of the risks and consequences of sexually transmitted diseases, including HIV/AIDS.

277. The Committee is concerned that, despite the law on agrarian and land reform, which establishes equality between men and women with regard to land, prejudices and customary rights are once again hindering the implementation of this law.

278. The Committee recommends that the State party should encourage the services concerned to take into account the rights of women to property and to provide them with the necessary credit.

279. The Committee stresses, with concern, that although the laws prohibit all discrimination against women at the level of employment, men and women are segregated and differentiated at the time of recruitment and in the allocation of responsibilities, as well as in levels of remuneration.

280. The Committee recommends that, in both the public and the private sectors, the State party should ensure strict respect for labour laws, and take measures to eliminate discrimination in employment.

281. The Committee notes that the Government has taken measures in the Individual and Family Code to place restrictions on the practice of polygamy, but it remains concerned that the great majority of women are unaware of these rules.

282. The Committee recommends that the Government work towards the elimination of the practice of polygamy. It recommends that it ensure enforcement of the Individual and Family Code and protect the rights of women. It also recommends that the Government embark on a comprehensive public effort, in cooperation with NGOs, directed at both women and men, to change existing attitudes regarding polygamy and particularly to educate women on their rights and how to avail themselves of these rights. The Committee also recommends that the Government take measures to protect the human rights of women who are already in polygamous unions.

BURUNDI (2001)

Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Burundi, 02/02/2001, A/56/38, paras. 32-67.

54. The Committee also recommends the provision of post-trauma counselling, as stipulated in the Arusha Accords, for women who are victims of gender-based violence. It calls upon the Government to ensure that relevant personnel are trained to give such assistance.

55. The Committee notes with concern the existence of legislative provisions that discriminate against women. It also expresses its concern at the existing gap between de jure and de facto equality.

56. The Committee recommends that the State party take steps to bring discriminatory legislative provisions from, inter alia, the Code of the Person and the Family and the Penal Code into line with the Convention. It recommends review of provisions that predicate differential ages of marriage for women (article 88 of the Code of the Person and the Family), indicate that the man is head of the household (article 122 of the Code of the Person and the Family) and establish discriminatory provisions with regard to adultery (article 3 of the Penal Code). In addition, the Committee encourages the Government to ensure the implementation of laws and policies that provide for de jure equality and seek to eliminate discrimination against women. It recommends that the Government ensure that those charged with responsibility for the implementation of laws and policies be made fully aware of their contents and that public education and legal literacy campaigns be put in place to ensure wide knowledge of law and policy reform.

57. The Committee expresses its concern about the high prevalence of illiteracy among women and the low level of schooling of girls, especially in rural areas. It notes that education is a key to the empowerment of women, and low levels of education of women remain one of the most serious impediments to national development.

58. The Committee urges the Government to continue its efforts to improve the access of girls to all levels of education and to prevent their dropping out of school. It encourages the Government to introduce corrective measures that address all stakeholders involved, including incentives for parents, and to consider requesting international assistance to improve women's and girls' education.

59. The Committee is alarmed by the increasing rate of HIV/AIDS, which has eroded earlier gains in the country. It expresses its concern about the absence of facilities for the care of those infected and affected.

60. The Committee urges the Government to take a multifaceted and holistic approach to combating the HIV/AIDS pandemic, one which not only incorporates broad-based educational strategies but also includes practical prevention efforts, such as increased access to both male and female condoms. It encourages the Government to consider requesting international assistance for this purpose. The Committee underlines the fact that the collection of reliable data on the incidence of HIV/AIDS is critical to gaining an understanding of the pandemic and to informing policies and programmes.

61. The Committee expresses its concern about the high rate of maternal mortality, especially in rural areas, including deaths as a result of illegal abortions.

62. The Committee recommends that the State party make every effort to increase access to health-care facilities and medical assistance by trained personnel in all areas, including rural areas, so as to increase, in particular, the number of births assisted by qualified personnel. It recommends the introduction of effective measures, such as sex education and information campaigns and the provision of effective contraception, to reduce the number of clandestine abortions. The Committee emphasizes that abortion should not be used as a method of family planning.

63. The Committee expresses its concern about the persistence of stereotypes that confine women and girls to traditional roles.

64. The Committee invites the Government to take concrete steps, including sector-specific and general awareness campaigns, to eliminate deep-rooted prejudice and stereotypes in order to achieve de facto equality.

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