Concluding Observations of the Human Rights Committee
ALBANIA (2004)
Concluding observations of the Human Rights Committee:
Albania, 02/12/2004, CCPR/CO/82/ALB.
6. The Committee welcomes the adoption of new legislation
relevant for the protection and implementation of human rights,
inter alia, the Criminal Code, the Criminal Procedure Code
and the recent Family Code.
10. The Committee is concerned that women continue to face
discrimination under customary law and traditional codes (Kanun),
as well as about reports of high rates of domestic violence,
and regrets the lack of detailed information provided on the
nature and extent of those problems (arts. 2, 3 and 26). The
State party should adopt and implement appropriate policies
to combat effectively and prevent the application of discriminatory
customary law, to reinforce its policies against domestic
violence and to assist its victims. The Committee recommends
in particular that the State party establish crisis centre
hotlines and victim support centres equipped with medical,
psychological and legal facilities, including shelters for
battered spouses and children. In order to raise public awareness,
it should disseminate information on those issues through
the media.
12. While welcoming the progress made by the State party
in the fight against traditional "blood feuds" and
situations where potential victims, including children, do
not leave their homes, the Committee is concerned about these
phenomena and the lack of detailed information provided about
crimes related to customary law and traditional codes (arts.
6 and 7).The State party should take firm measures to eradicate
crimes committed under the guise of customary law and traditional
codes. It should investigate such crimes and prosecute and
punish all the perpetrators.
14. The Committee is concerned about the high rate of infant
mortality and of abortion and the apparent lack of family
planning and social care in some parts of the State party
(arts. 6, 24 and 26).The State party should take steps to
ensure that abortion is not used as a method of family planning
and take appropriate measures to reduce infant mortality.
15. While the Committee acknowledges that Albania's role
has decreased as a transit route for trafficking in human
beings and welcomes the legal and practical measures taken
by the State party to address and combat trafficking in women
and children originating from the country, it remains concerned
about this phenomenon, about reports on the involvement of
police and government officials in acts of trafficking, and
about the lack of effective witness and victim protection
mechanisms (arts. 8, 24 and 26).The State party should continue
to reinforce international cooperation as well as practical
measures to combat trafficking in human beings, prosecute
and punish perpetrators and combat trafficking related corruption.
Protection should be provided to all witnesses and victims
of trafficking so that they may have a place of refuge and
an opportunity to give evidence against those held responsible.
16. The Committee is concerned about inhumane conditions
of detention, e.g. in police custody, about the number of
persons on remand and conditions of detention, the condition
of juvenile and female detainees as well as the lack of compensation
for unlawful arrest or detention (arts. 9 and 10).The State
party is urged to improve the conditions of detention for
those held on remand and for convicted persons. Individuals
held in remand detention should be segregated from convicted
persons. The State party should also provide the necessary
measures for victims of unlawful arrest or detention to claim
compensation. The State party is reminded that, under article
9, paragraph 3, it shall not be the general rule that suspected
persons are detained while awaiting trial. The State party
should develop an effective system of bail.
20. While noting the policies established by the State party,
the Committee is still concerned with the abuses, exploitation,
maltreatment and trafficking of children, inter alia child
labour, as well as with the lack of information regarding
that situation in the State party (arts. 23 and 24).The State
party should reinforce measures to combat abuse and exploitation
of children, and establish public awareness raising campaigns
regarding children's rights.
21. While noting measures undertaken to improve the living
conditions of the Roma community, the Committee is concerned
that the Roma community continues to suffer prejudice and
discrimination, in particular with regard to access to health
services, social assistance, education and employment which
have a negative impact on the full enjoyment of their rights
under the Covenant (arts. 2, 26 and 27). The State party should
take all necessary measures to ensure the practical enjoyment
by the Roma of their rights under the Covenant.
22. While noting the adoption of institutional measures to
improve the rights of minorities, the Committee remains concerned
that the practical enjoyment of the Covenant rights by members
of ethnic and linguistic minorities is imperilled by a variety
of factors and discriminatory practices (arts. 2, 26 and 27).The
State party is urged to ensure that all members of ethnic
and linguistic minorities, whether or not they are recognized
as national minorities, are effectively protected against
discrimination and may enjoy their own culture and use their
own language, have access to all social rights, participate
in public affairs, and are provided with effective remedies
against discrimination.23. The Committee draws the attention
of the State party to the guidelines of the Committee on the
preparation of reports (CCPR/C/66/GUI/Rev.1). The second periodic
report should be prepared in accordance with those guidelines,
with particular attention paid to the implementation of the
rights contained in the Covenant in practice. It should also
indicate the measures taken to give effect to these concluding
observations.
ALGERIA (1998)
Concluding Observations of the Human Rights Committee:
Algeria, 18/08/98, CCPR/C/79/Add.95.
6. The Committee is appalled at the widespread massacre of
men, women and children in a great number of villages and
towns. The Committee is also seriously concerned that women
have been the victims of not only killings, but also of abduction,
rape and severe violence. The Committee is also concerned
at the lack of timely or preventive measures of protection
to the victims from police or military officials in the vicinity
and at the persistent allegations of collusion of members
of the security forces in terrorist attacks.
ARGENTINA (2000)
Concluding observations of the Human Rights Committee:
Argentina, 03/11/2000, CCPR/CO/70/ARG.
14. On the issue of reproductive health rights, the Committee
is concerned that the criminalization of abortion deters medical
professionals from providing this procedure without judicial
order, even when they are permitted to do so by law, inter
alia when there are clear health risks for the mother
or when pregnancy results from rape of mentally disabled women.
The Committee also expresses concern over discriminatory aspects
of the laws and policies in force, which result in disproportionate
resort to illegal, unsafe abortions by poor and rural women.
The Committee recommends that the State party take measures
to give effect to the Reproductive Health and Responsible
Procreation Act of July 2000, by which family planning counselling
and contraceptives are to be provided, in order to grant women
real alternatives. It further recommends that the laws and
policies with regard to family planning be reviewed on a regular
basis. Women should be given access to family planning methods
and sterilization procedures; and in cases where abortion
procedures may lawfully be performed, all obstacles to obtaining
them should be removed. Argentine law should be amended to
permit abortions in all cases of pregnancy resulting from
rape.
15. With regard to article 3 of the Covenant, the Committee
is concerned that despite significant advances, traditional
attitudes towards women continue to exercise a negative influence
on their enjoyment of Covenant rights. The Committee is particularly
concerned at the high incidence of violence against women,
including rape and domestic violence. Sexual harassment and
other manifestations of discrimination in both the public
and private sectors are also a matter of concern. The Committee
notes as well that information on these matters is not systematically
maintained, that women have a low awareness of their rights
and the remedies available to them, and that complaints are
not being adequately dealt with. The Committee recommends
that a large-scale information campaign be undertaken to promote
awareness among women of their rights and the remedies available
to them. It urges that reliable data be systematically collected
and maintained on the incidence of violence and discrimination
against women in all their forms, and provided in the next
periodic report.
ARMENIA (1998)
Concluding Observations of the Human Rights Committee:
Armenia, 19/11/98, CCPR/C/79/Add.100.
16. The lack of data on cases of domestic violence should
not be interpreted to mean that no such incidents occur. The
Committee therefore recommends that specific protection and
punitive measures be taken with respect to all forms of violence
against women, including rape. The Committee urges the State
party to compile relevant data for submission in the next
periodic report.
AUSTRIA (1998)
Concluding observations of the Human Rights Committee:
Austria, 19/11/98, CCPR/C/79/Add.103.
13. The Committee considers that existing legislation on
the minimum age of consent for sexual relations in respect
of male homosexuals is discriminatory on grounds of sex and
sexual orientation. It requests that the law be revised to
remove such discriminatory provisions.
AZERBAIJAN (2001)
Concluding observations of the Human Rights Committee:
Azerbaijan, 12/11/2001, CCPR/CO/73/AZE.
15. The Committee is deeply concerned that it received no
information on the extent of the problem of trafficking in
women, as the State party is reportedly a country of both
origin and transit. While acknowledging the need for legislation
to combat trafficking of women, the delegation noted that
trafficking is not defined as a separate criminal offence
if the victim is not a minor; moreover, the delegation gave
no conclusive information on action to combat such trafficking
(arts. 3, 8). The State party should take resolute measures
to combat this practice, which constitutes a violation of
several Covenant rights, including those in articles 3 and
8, by imposing sanctions against those found responsible.
16. The Committee is concerned that the State party has not
undertaken adequate measures to help women prevent unwanted
pregnancies and to ensure that they do not undergo life-threatening
abortions. The State party should take adequate measures to
help women prevent unwanted pregnancies and avoid resorting
to life-threatening abortions, and to adopt appropriate family
planning programmes to this effect.
17. With regard to articles 3, 9 and 26 of the Covenant,
the Committee is concerned at the incidence of violence against
women, including rape and domestic violence. The Committee
takes note with concern that domestic violence is apparently
not acknowledged to be a problem. The Committee notes as well
that information on these matters is not systematically maintained,
that women have a low level of awareness of their rights and
the remedies available to them, and that complaints are not
being adequately dealt with. The State party should take effective
measures to combat violence against women, including marital
rape. The State party should also organize an effective information
campaign to address all forms of violence against women. The
Committee urges that reliable data be systematically collected
and maintained on the incidence of violence and discrimination
against women in all their forms.
18. The Committee is concerned that the traditional attitudes
to women still prevail, whereby a woman's primary role is
as wife and mother (articles 3 and 26 of the Covenant). The
State party should take measures to overcome traditional attitudes
regarding the role of women in society. It should organize
special training programmes for women and regular awareness
campaigns in this regard.
BENIN (2004)
Concluding observations of the Human Rights Committee:
Benin, 01/12/2004, CCPR/CO/82/BEN.
5. The Committee welcomes the promulgation on 25 August 2004
of a new Personal and Family Code that seeks to promote equality
of the sexes, particularly in the areas of marriage, divorce
and parental authority.
6. The Committee commends the adoption of the Act of 3 March
2003, which makes female genital mutilation a punishable offence.
9. The Committee is disturbed by reports that domestic violence
against women is a common practice (articles 3 and 7 of the
Covenant).The State party should adopt effective and concrete
measures to combat this phenomenon. It should sensitize society
as a whole to this matter, ensure that the perpetrators of
such violence are criminally prosecuted and provide assistance
and protection to victims.
10. The Committee notes that under the new Personal and
Family Code, only monogamous marriage is recognized, and that
"custom ceases to have the force of law in all matters
covered by the present Code". The Committee is concerned,
however, at the possible consequences of polygamous marriages
that might nevertheless be concluded under customary law,
particularly as regards the protection that would be afforded
to women involved in such unions (articles 3 and 23 of the
Covenant).The State party should clearly prohibit the conclusion
of new polygamous marriages, in accordance with the Committee's
General Comment No. 28 on article 3 of the Covenant. It should
provide greater protection to women who, once the new Personal
and Family Code has entered into force and out of respect
for tradition, may enter into polygamous unions when such
unions no longer have any legal standing. The Committee invites
the State party to increase its efforts to inform women and
make them aware of these issues, including in the remotest
parts of the country.
11. The Committee remains concerned at the persistence of
female genital mutilation, particularly in certain parts of
the country, which constitutes a serious violation of articles
3 and 7 of the Covenant. The State party should increase its
efforts to combat these practices, especially in communities
in which they are extremely common. It should effectively
ban such practices by means of more awareness campaigns and
the criminal prosecution of perpetrators. The State party
should provide more accurate information about the percentage
of women and girls affected, as well as their distribution
by region and ethnic group, and about any criminal proceedings
brought against the perpetrators.
16. The Committee notes with concern that the most basic
rights of persons in police custody are not guaranteed under
Beninese law (articles 7, 9 and 14 of the Covenant).The State
party should guarantee the right of persons in police custody
to have access to a lawyer in the initial hours of detention,
to inform their family members of their detention and to be
informed of their rights. Provision should be made for a medical
examination at the beginning and at the end of the detention
period. Provision should also be made for rapid and effective
remedies to allow detainees to challenge the legality of their
detention and assert their rights.
17. The Committee, while taking note of the efforts made
by the State party to improve conditions of detention, continues
to be concerned by the situation in prisons, particularly
in the areas of sanitation and access to health care and food.
It is concerned at the extreme overcrowding of prisons and
at the fact that juveniles are not always held separately
from adults (articles 7, 10 and 24 of the Covenant).The State
party must guarantee the right of detainees to be treated
humanely and with respect for their dignity, particularly
their right to live in hygienic facilities and to have access
to health care and adequate food. Detention should be viewed
only as a last resort, and provision should be made for alternative
measures. As the State party is unable to meet the needs of
detainees, it must reduce the prison population as soon as
possible. Lastly, special protection should be provided for
juveniles, and all juveniles, including girls, should be systematically
separated from adults.
24. While noting the efforts made by the State party, the
Committee expresses its concern at the alarming practice of
placing children with a third party as an act of mutual assistance
or family or community solidarity (vidomégons),
which has become a source of trafficking and economic exploitation
of children within Benin. The State party should increase
its efforts to combat trafficking in children and provide
the Committee with more detailed information about this.
BOLIVIA (1997)
Concluding Observations of the Human Rights Committee:
Bolivia, 01/04/97, CCPR/C/79/Add.74.
22. The Committee expresses its concern about the very high
level of maternal mortality referred to in the report, much
of which arises as a result of illegal abortion. In this regard,
it regrets that the State party could not provide information
about the effect of laws that criminalize abortion on this
high level of deaths.
BRAZIL (1996)
Concluding Observations of the Human Rights Committee:
Brazil, 16/09/96, CCPR/C/79/Add.66; A/51/40, paras. 306-338.
328. In light of the statement in the State party's report
that the general level of infant mortality is still high the
State party must strengthen measures to reduce that level.
335. The Committee recommends that the State party put in
place effective enforcement mechanisms that will ensure the
implementation of Law No. 9.029 prohibiting the requirement
of pregnancy and sterilization certificates and other discriminatory
practices in employment. It urges that bill No. 382-B/91 concerning
equality of access to the labour market be adopted without
further delay. The Committee trusts that the proposals contained
in the Brazilian National Human Rights Plan, relating to the
combatting of violence against women, will be fully implemented
without delay.
337. The Committee recommends that the State party take immediate
steps to guarantee the rights of individuals belonging to
racial minorities and indigenous communities, especially with
regard to their access to quality health services and education.
Such steps should ensure greater school enrolment and reduce
the incidence of school drop-out. It is the view of the Committee
that, in light of Article 27 of the Covenant, all necessary
measures should be taken to ensure that the process of demarcation
of indigenous lands be speedily and justly settled.
CHILE (1999)
Concluding Observations of the Human Rights Committee:
Chile, 30/03/99, CCPR/C/79/Add.104.
15. The criminalization of all abortions, without exception,
raises serious issues, especially in the light of unrefuted
reports that many women undergo illegal abortions that pose
a threat to their lives. The legal duty imposed upon health
personnel to report on cases of women who have undergone abortions
may inhibit women from seeking medical treatment, thereby
endangering their lives. The State party is under a duty to
take measures to ensure the right to life of all persons,
including pregnant women whose pregnancies are terminated.
In this regard: The Committee recommends that the law be amended
so as to introduce exceptions to the general prohibition of
all abortions and to protect the confidentiality of medical
information.
20. The continuation in force of legislation that criminalizes
homosexual relations between consenting adults involves violation
of the right to privacy protected under article 17 of the
Covenant and may reinforce attitudes of discrimination between
persons on the basis of sexual orientation. Therefore: The
law should be amended so as to abolish the crime of sodomy
as between adults.
CHINA (1999)
Hong Kong
Concluding observations of the Human Rights
Committee: China (Hong Kong), 2/11/99, PR/C/79/Add.117.
15. The Committee remains concerned that no legislative remedies
are available to individuals in respect of discrimination
on the grounds of race or sexual orientation. Necessary legislation
should be enacted in order to ensure full compliance with
article 26 of the Covenant.
COLOMBIA
(2004)
Concluding observations of the Human Rights Committee:
Colombia, 26/05/2004, CCPR/CO/80/COL.
13. The Committee notes with concern that the existence of
legislation criminalizing all abortions under the law can
lead to situations in which women are obliged to undergo high-risk
clandestine abortions. It is especially concerned that women
who have been victims of rape or incest or whose lives are
in danger as a result of their pregnancy may be prosecuted
for resorting to such measures (art. 6). The State party should
ensure that the legislation applicable to abortion is revised
so that no criminal offences are involved in the cases described
above.
14. The Committee reiterates its concern about the high levels
of violence to which women are subjected. The Committee is
particularly disturbed about the limited number of investigations
into cases of domestic violence and sexual violence experienced
by women during the internal armed conflict and by internally
displaced women. The Committee also continues to be concerned
about the current rules for prosecuting cases of rape, which
require the consent of the victim in order to proceed further.
The State party should strengthen existing measures aimed
at protecting women against all types of violence, especially
domestic violence. Furthermore, it is recommended that the
State party should periodically monitor the number of investigations
and convictions for such crimes compared to the number of
complaints received. The State party should also revise its
legislation on investigations into cases of rape with respect
to the role of consent of the victim in the process (arts.
3, 7 and 26).
(1997)
Concluding Observations of the Human Rights
Committee: Colombia, 01/04/97, CCPR/C/79/Add.76.
16. The Committee also deplores the fact that so-called "social-cleansing"
operations, targeting street children, homosexuals, prostitutes
and petty delinquents, continue to be carried out and that
appropriate and effective action has not yet been taken to
ensure the full protection of the rights of these groups,
especially of their right to life.
24. The Committee expresses its concern over the situation
of women who, despite some improvements, continue to be subject
of de jure and de facto discrimination in all spheres
of economic, social and public life. It notes in this regard
that violence against women remains a major threat to their
right to life and needs to be more effectively addressed.
It is also concerned at the high mortality rate of women resulting
from clandestine abortions.
27. The Committee expresses its deep concern at the situation
of children in Colombia and at the lack of adequate measures
to protect their rights under the Covenant. In this respect,
the Committee notes that much remains to be done to protect
children from violence within the family and the society at
large, from forced recruitment by guerrilla and paramilitary
groups and from employment below the legal minimum age, and
specifically to protect street children from being killed
or otherwise abused by vigilante groups and security forces.
37. The Committee recommends that the State party review
its laws and take measures to ensure full legal and de facto
equality for women in all aspects of social, economic and
public life, including with respect to their status within
the family. In this regard, priority should be given to protecting
women's right to life by taking effective measures against
violence and by ensuring access to safe contraception. Measures
should be taken to prevent and eliminate persisting discriminatory
attitudes and prejudices against women, notably through education
and information campaigns.
COSTA RICA (1999)
Concluding Observations of the Human Rights Committee:
Costa Rica, 08/04/99, CCPR/C/79/Add.107.
11. The Committee notes with concern the consequences for
women, including the danger to life involved in clandestine
abortions, of the continuing criminalization of all abortions.
The Committee recommends that the law be amended to introduce
exceptions to the general prohibition of all abortions.
12. The Committee is concerned that violence against women
and domestic violence in particular is on the increase in
Costa Rica. It recommends that all necessary measures, including
the enactment of appropriate legislation, be taken to protect
women in these areas.
CROATIA (2001)
Concluding observations of the Human Rights Committee:
Croatia, 30/04/2001, CCPR/CO/71/HRV.
12. The Committee notes the delegation's statement that the
State party has a variety of measures at its disposal in its
criminal law to combat the practice of trafficking of women
into and through its territory, particularly for purposes
of sexual exploitation. Despite widespread reports of the
extent and seriousness of the practice, however, the Committee
regrets that it was not provided with information on actual
steps taken to prosecute the persons involved. The State party
should take appropriate steps to combat this practice, which
constitutes a violation of several Covenant rights, including
the right under article 8 to be free from slavery and servitude.
CZECH REPUBLIC (2001)
Concluding Observations of the Human Rights Committee:
Czech Republic, 27/08/2001, CCPR/CO/72/CZE.
8. The Committee is deeply concerned about discrimination
against minorities, particularly the Roma. Although the delegation
acknowledged the problem, the Committee was not provided with
detailed information regarding discrimination in employment,
education, health care, housing, penitentiaries, social programmes
and in the private sphere, as well as participation in public
life. The steps taken by the State party to improve the socio-economic
condition of the Roma do not appear to be adequate to address
the situation and de facto discrimination persists (arts.
26, 27). In order to ensure compliance with articles 2 and
26 of the Covenant, the State party should take all necessary
measures to eliminate discrimination against members of minorities,
particularly the Roma, and to enhance the practical enjoyment
of their rights under the Covenant; full details on policies
adopted and their results in practice should be provided to
the Committee.
13. The Committee is deeply concerned about reports of trafficking
of women, with the State party being a country of origin and
transit as well as a recipient country (arts. 3, 8). The State
party should take resolute measures to combat this practice,
which constitutes a violation of several Covenant rights,
including article 3 and the right under article 8 to be free
from slavery and servitude. The State party should also strengthen
programmes aimed at providing assistance to women in difficult
circumstances, particularly those coming from other countries
who are brought into its territory for the purpose of prostitution.
Strong measures should be taken to prevent this form of trafficking
and to impose sanctions on those who exploit women in this
way. Protection should be extended to women who are the victims
of this kind of trafficking so that they may have a place
of refuge and an opportunity to give evidence against the
person responsible in criminal or civil proceedings. The Committee
wishes to be informed of the measures taken and their result.
14. The Committee is concerned about reports of domestic
violence and regrets that no statistics were provided by the
State party. While welcoming public information campaigns
and training of the police, the Committee is concerned about
the absence of specific protection in law and in practice
(arts. 3, 9, 26). The State party should adopt the necessary
policy and legal framework to combat domestic violence; specifically,
it should provide a framework for the protection of a spouse
who is subjected to violence or threats of violence.
23. The Committee is deeply concerned at reports of sexual
abuse of children, including child pornography. The Committee
is pleased to note that NGOs are providing assistance in dealing
with the problem of child abuse and that the State party is
also taking steps to create public awareness of the problem.
It welcomes the steps taken by the State party to provide
special accommodation for abused children so that they can
be rehabilitated (art. 24). The State party should adopt effective
measures for combating sexual abuse of children, including
child pornography, and for rehabilitating abused children,
so as to ensure compliance with article 24.
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA (2001)
Concluding Observations of the Human Rights Committee:
Democratic People's Republic of Korea, 27/08/2001, CCPR/CO/72/PRK.
26. While noting the delegation's statement that trafficking
of women does not exist in the Democratic People's Republic
of Korea, the Committee remains seriously concerned at the
number of substantiated allegations about trafficking of women,
in violation of article 8 of the Covenant, brought to its
attention by non-governmental and other sources, including
the report of the Special Rapporteur on violence against women
of the Commission on Human Rights. The State party should
investigate the above allegations further, in a spirit of
cooperation, and report its findings to the Committee.
DEMOCRATIC REPUBLIC OF THE CONGO (2000)
Concluding observations on the second periodic
report of the Congo: Democratic Republic of the Congo, 27/03/2000,
CCPR/C/79/Add.118.
9. The Committee regrets that the precise information which
it had requested on the status of women was not fully provided.
The State party should take the necessary steps to increase
women's participation, without discrimination, in political
and social life, in accordance with article 3 of the Covenant.
It should provide fuller information, including statistics,
on the status of women in the next report.
10. The Committee is also gravely concerned at the rape of
women and the perpetration of other forms of violence against
them by armed men, and is disturbed at the extent and persistence
of these crimes, in violation of the obligations imposed under
articles 3, 7 and 9 of the Covenant. The State party should
give women the necessary support and ensure their reintegration
if they are victims of rape; it should also give them the
necessary assistance and do everything possible to identify
and prosecute the perpetrators of these crimes.
11. The Committee is concerned at the persistence of polygamy,
in violation of articles 3 and 26 of the Covenant. The State
party should take the necessary steps to abolish polygamy
and to implement the educational measures required to prevent
it.
DENMARK (2000)
Concluding Observations of the Human Rights Committee:
Denmark, 31/10/2000, CCPR/CO/70/DNK.
14. Issues of equality and non-discrimination (arts. 3 and
26):
(a) The Committee expresses concern that despite continuing
efforts by the State party, as noted in paragraph 5 above,
there remain areas of discrimination against women, notably
in respect of employment in the public and private sectors
and in applications for asylum. Denmark should provide information
on measures taken to address these matters in its next report.
DOMINICAN REPUBLIC (2001)
Concluding observations of the Human Rights Committee:
Dominican Republic, 26/04/2001, CCPR/CO/71/DOM.
19. The Committee welcomes the greater level of participation
of women in political life but cannot fail to express its
concern over a number of issues where the rights of women
are not properly respected, especially their rights to legal
equality, equal opportunities in the workplace, their still
limited participation in public and private life, and levels
of domestic violence. Since it was not given sufficient information,
the Committee has not been able to make a thorough assessment
of the situation of women in Dominican society but it acknowledges
that the establishment and work of the Department for the
Advancement of Women is a positive development for combating
the domestic violence, rape and sexual abuse to which many
women are subjected. It has also been unable, for want of
information to assess the extent of trafficking in women.
The State party should provide such information to the Committee
as soon as possible so that its compliance with articles 3,
25 and 26 of the Covenant can be properly evaluated and should
respect and guarantee all the rights of women. To that end,
it should provide the necessary support to the Department
for the Advancement of Women to enable it to achieve its goals.
ECUADOR (1998)
Concluding Observations of the Human Rights Committee:
Ecuador, 18/08/98, CCPR/C/79/Add.92.
8. The Committee welcomes the information that the Constitutional
Court has declared unconstitutional the criminalization of
private homosexual relations between consenting adults and
the law excluding persons charged under the Narcotics and
Psychotropic Substances Act from the application of the new
provisions on detention pending trial.
10. The Committee is concerned at the many instances of violence
against women and the very few judicial decisions thereon.
The Committee stresses that all reported acts of violence
against women should be investigated and appropriate judicial
proceedings instituted.
11. The Committee expresses its concern about the very high
number of suicides of young females referred to in the report,
which appear in part to be related to the prohibition of abortion.
In this regard, the Committee regrets the State party's failure
to address the resulting problems faced by adolescent girls,
in particular rape victims, who suffer the consequences of
such acts for the rest of their lives. Such situations are,
from both the legal and practical standpoints, incompatible
with Articles 3, 6 and 7 of the Covenant, and with Article
24 when female minors are involved. The Committee recommends
that the State party adopt all necessary legislative and other
measures to assist women, and particularly adolescent girls,
faced with the problem of unwanted pregnancies to obtain access
to adequate health and education facilities.
EGYPT (2002)
Concluding observations of the Human Rights Committee:
Egypt, 28/11/2002, CCPR/CO/76/EGY.
3. The Committee welcomes some initiatives taken by the State
party in recent years as regards human rights, in particular
the creation of human rights divisions within the ministries
of justice and foreign affairs and the introduction of human
rights training and awareness programmes at schools and universities
for law-enforcers and society at large. It also notes some
improvements in the status of women and welcomes the creation
of the National Council for Women and the introduction of
legal reforms, in particular the passage of Act No. 1 of 2000,
allowing women to end marriages unilaterally, and Act No.
14 of 1999, revoking the earlier law which offered the accused
the opportunity of escaping liability for abduction and rape
if he married the victim.
7. While welcoming the steps taken by the authorities in
recent years to encourage participation by women in public
life (in the diplomatic service, for example), the Committee
notes that women are underrepresented in most areas of the
public sector (for instance, the magistrature) and in the
private sector (articles 3 and 26 of the Covenant). The State
party is encouraged to step up its efforts to secure greater
participation by women at all levels of society and the State,
including decision-making positions, inter alia by ensuring
that women in rural areas learn to read and write.
8. The Committee notes with concern that women seeking divorce
through unilateral repudiation by virtue of Act No. 1 of 2000
must forego their rights to financial support and, in particular,
to their dowries (articles 3 and 26 of the Covenant). The
State party should review its legislation so as to eliminate
financial discrimination against women.
9. The Committee notes the discriminatory nature of some
provisions in the Penal Code, which do not treat men and women
equally in matters of adultery (articles 3 and 26 of the Covenant).
The State party should review its discriminatory penal provisions
in order to conform to articles 3 and 26 of the Covenant.
10. The Committee draws attention to the discrimination affecting
women as regards transmission of nationality to their children
when their spouses are not Egyptian and as regards the rules
governing inheritance (articles 3 and 26 of the Covenant).
The State party is encouraged to bring its current inquiries
to a conclusion and do away with all discrimination between
men and women in its domestic legislation.
11. While taking note of the action and awareness campaigns
against female genital mutilation, the Committee notes that
this practice still continues (article 7 of the Covenant).
The State party should eradicate the practice of female genital
mutilation.
19. The Committee notes the criminalization of some behaviours
such as those characterized as "debauchery" (articles
17 and 26 of the Covenant). The State party should ensure
that articles 17 and 26 of the Covenant are strictly upheld,
and should refrain from penalizing private sexual relations
between consenting adults.
EL SALVADOR (2003)
Concluding observations of the Human Rights Committee:
El Salvador, 22/07/2003, CCPR/CO/78/SLV.
12. The Committee is concerned at reports of PNC involvement
in violations of the right to life (art.6) and in torture,
cruel, inhuman or degrading treatment and abuse of authority
(art. 7), and regrets that it was unable to obtain precise
information on the number of sackings that have resulted from
cases of torture or similar conduct. The Committee requests
the State Party to supply precise information on this subject,
and recommends compliance by PNC with the United Nations Basic
Principles on the Use of Force and Firearms by Law Enforcement
Officials. It also requests the State Party to consider establishing
an external mechanism, independent of the National Civil Police,
with the right to conduct inquiries and supervize the Police.
14. The Committee expresses its concern at the severity of
the current law against abortion in the State Party, especially
since illegal abortions have serious detrimental consequences
for women's lives, health and well-being. The State Party
should take steps to bring its legislation into line with
the Covenant as regards the protection of life (art. 6), so
that women can be helped to avoid unwanted pregnancies and
need not to resort to clandestine abortions that may put their
lives in danger, as mentioned in the Committee's General Comment
No. 28.
15. While noting the efforts made by the State Party to combat
domestic violence, the Committee notes with concern that violence
against women persists: this raises questions under article
9 of the Covenant. The Committee is also concerned at the
high proportion of women within the National Civil Police
who have been subjected to violence. The State Party should
take steps to ensure compliance with the Domestic Violence
Act. The Committee also trusts that the institutional plan
to incorporate the gender perspective within PNC will be put
into effect.
16. The Committee expresses concern at the incidents of people
being attacked, or even killed, on account of their sexual
orientation (art. 9), at the small number of investigations
mounted into such illegal acts, and at the current provisions
(such as the local "contravention orders") used
to discriminate against people on account of their sexual
orientation (art. 26). The State Party should provide effective
protection against violence and discrimination based on sexual
orientation.
ESTONIA (2003)
Concluding observations of the Human Rights Committee:
Estonia, 15/04/2003, CCPR/CO/77/EST.
6. The Committee welcomes the measures and legislation adopted
by the State party to improve the status of women in Estonian
society and to prevent gender discrimination. It particularly
notes article 5 of the Wages Act, which now prohibits the
establishment of different wage conditions on the basis of
gender, and articles 120 to 122 and article 141 of the new
Penal Code, which make domestic violence and marital rape
specific criminal offences.
FINLAND (2004)
Concluding observations of the Human Rights Committee:
Finland, 02/12/2004, CCPR/CO/82/FIN.
3. The Committee notes with satisfaction the adoption of:
(a) A new law against discrimination which entered into force
in February 2004, banning all direct or indirect discrimination
based on age, ethnic or national origin, nationality, language,
religion, beliefs, opinions, health, disability and sexual
orientation and placing the burden of proof before the courts
on the defendant;(b) New language in the Penal Code punishing
trafficking in human beings under chapter 25 of the Code and
infringements of personal liberty, and allowing any citizen
of the State party who is guilty of trafficking in persons
abroad to be prosecuted under Finnish law pursuant to chapter
1, section 7, of the Code, and for international offences,
whatever law may apply where the offence was committed.
10. The Committee is concerned at the situation of persons
held in pre trial detention at police stations and notes the
lack of clarity as regards detainees' right to a lawyer while
in custody and the involvement and role of a doctor during
that period. The State party is invited to provide the necessary
clarifications to assure the Committee that legislation and
practice in this area are compatible with articles 7 and 9
of the Covenant.
GABON (2000)
Concluding observations of the Human Rights Committee:
Gabon, 10/11/2000, CCPR/CO/70/GAB.
8. The Committee reiterates the concern expressed in its
1996 concluding observations that the non-discrimination clauses
contained in articles 2, 3 and 26 of the Covenant are not
fully reflected in the Constitution.
9. The Committee notes that there are customs and traditions
in the State party, having a bearing on, among other things,
equality between men and women, that may hamper the full implementation
of some provisions of the Covenant. In particular, the Committee
deplores the fact that polygamy is still practised in Gabon
and refers to its general comment No. 28, which states that
polygamy is incompatible with equality of treatment with regard
to the right to marry. "Polygamy violates the dignity
of women. It is an inadmissible discrimination against women"
(CCPR/C/21/Rev.1/Add.10, para. 24). The Committee also observes
that a number of legislative provisions in Gabon are not compatible
with the Covenant, including article 252 of the Civil Code
requiring a woman to be obedient to her husband. Lastly, the
Committee notes that, in the event of her husband's death,
a woman inherits only the usufruct of a quarter of the property
left by her husband, and only after her children. The State
party must review its legislation and practice in order to
ensure that women have the same rights as men, including rights
of ownership and inheritance. It must take specific action
to increase the involvement of women in political, economic
and social life and ensure that there is no discrimination
based on customary law in matters such as marriage, divorce
and inheritance. Polygamy must be abolished and article 252
of the Civil Code repealed. It is the duty of the State party
to do everything necessary to ensure that the Covenant is
respected.
GEORGIA
(2002)
Concluding observations of the Human Rights Committee:
Georgia, 19/04/2002, CCPR/CO/74/GEO.
7. The Committee expresses its concern at the still very
large number of deaths of detainees in police stations and
prisons, including suicides and deaths from tuberculosis.
The Committee also remains concerned about the large number
of cases of tuberculosis reported in prisons. The State party
should take urgent measures to protect the right to life and
health of all detained persons as provided for in articles
6 and 7 of the Covenant. Specifically, the State party should
improve the hygiene, diet and general conditions of detention
of and provide appropriate medical care to detainees as provided
for in article 10 of the Covenant. It should also ensure that
every case of death in detention is promptly investigated
by an independent agency.
8. The Committee remains concerned at the widespread and
continuing subjection of prisoners to torture and cruel, inhuman
or degrading treatment or punishment by law enforcement officials
and prison officers. The State party should ensure that all
forms of torture and similar ill-treatment are punishable
as serious crimes under its legislation, in order to comply
with article 7 of the Covenant. The State party should also
set up an effective system to monitor the treatment of all
prisoners, in order to ensure full protection of their rights
under articles 7 and 10 of the Covenant. The State party should
also ensure that all complaints of ill-treatment are properly
investigated by an independent authority, that those responsible
are brought to justice and that victims are appropriately
compensated. Immediately upon first being deprived of liberty
and during all stages of detention, free access to a lawyer
and to doctors should be ensured.
13. Although the Committee recognizes that some progress
has been made in efforts to achieve equality for women in
political and public life, it remains concerned at the low
level of representation of women in Parliament and in senior
public- and private-sector jobs. The State party should take
appropriate measures to fulfil its obligations under articles
3 and 26 in order to improve the representation of women in
Parliament and in senior positions in the public and private
sectors as provided in article 3 of the Covenant. The State
party should also consider measures, including educational
ones, to improve the situation of women in society.
14. The Committee notes with concern that domestic violence
against women remains a problem in Georgia. The State party
should take effective measures, including the enactment and
implementation of appropriate legislation, training of police
officers, promotion of public awareness and, in more concrete
terms, human rights training to protect women against domestic
violence, in accordance with article 9 of the Covenant. The
State party should provide concrete information on the situation
of domestic violence.
15. The Committee remains concerned at the continuation of
practices which involve trafficking in women in Georgia. The
State party should take measures to prevent and combat this
practice by enacting a law penalizing trafficking in women,
and should fully implement the provisions of article 8 of
the Covenant. The Committee recommends that preventive measures
be taken to eradicate trafficking in women and provide rehabilitation
programmes for the victims. The laws and policies of the State
party should provide protection and support for the victims.
(1997)
Concluding Observations of the Human Rights
Committee: Georgia, 01/04/97, CCPR/C/79/Add.75.
12. The Committee regrets that, in spite of the elimination
of inequalities before the law, women continue to be the victims
of inequal treatment and discrimination in the political,
economic and social spheres. It further notes with concern
that methods of contraception other than abortion are very
difficult to obtain.
GERMANY (2004)
Concluding observations of the Human Rights Committee:
Germany, 04/05/2004, CCPR/CO/80/DEU.
4. The Committee appreciates the measures taken to improve
the protection of children, in particular legislation granting
children a right to education in a non-violent environment,
the removal of remaining differences in the legal status of
children born in and out of wedlock, and the introduction
of elements of jus soli for children born in Germany
to foreign parents.
13. While the Committee appreciates progress made in practice
in the area of equality for men and women in the public service,
it notes with concern that the number of women in senior positions
is still very low. It is also concerned about wide disparities,
in the private sector, of remuneration between men and women
(arts. 3 and 26). The State party should ensure equal treatment
of men and women at all levels of the public service. Furthermore,
it should continue to take necessary measures so that women
enjoy equal participation in the labour market, in particular
in terms of equal wages for work of equal value.
14. The Committee notes with concern the persistence of domestic
violence despite legislation adopted by the State party (arts.
3 and 7). The State party should reinforce its policy against
domestic violence and, in this framework, should take more
effective measures to prevent it and assist the victims.
18. The Committee is concerned that, despite positive measures
adopted by the State party, trafficking in human beings, especially
women, persists within the territory of Germany (art. 8).
The State party should strengthen its measures to prevent
and eradicate this practice, as well as to protect victims
and witnesses.
21. The Committee is concerned that the Roma continue to
suffer prejudice and discrimination, in particular with regard
to access to housing and employment. It also expresses its
concern at reports that Roma are disproportionately affected
by deportation and other measures to return foreigners to
their countries of origin (arts. 26 and 27). The State party
should (a) intensify its efforts to integrate Roma communities
in Germany in a manner respectful of their cultural identity,
in particular through the adoption of positive action with
regard to housing, employment and education; (b) guarantee
the principle of non-discrimination in its practice relating
to deportation and return of foreigners to their countries
of origin.
GUATEMALA
(2001)
Concluding observations of the Human Rights Committee:
Guatemala, 27/08/2001, CCPR/CO/72/GTM.
15. The Committee is also concerned about the information
received on the traffic in children separated from their parents,
a situation which has still not yet been clarified. The State
party should conduct investigations to identify those responsible
for the traffic in children and bring them to justice. It
should take the necessary measures to prevent the occurrence
of such violations of articles 6, 7 and 24 of the Covenant.
It should also take the appropriate measures to comply with
the provisions of international instruments on child labour.
19. The criminalization of all abortion, with the severe
penalties imposed by the legislation in force except where
the mother's life is in danger, gives rise to serious problems,
especially in the light of unchallenged reports of the serious
impact on maternal mortality of clandestine abortions and
the lack of information on family planning. The State party
has the duty to adopt the necessary measures to guarantee
the right to life (art. 6) of pregnant women who decide to
interrupt their pregnancy by providing the necessary information
and resources to guarantee their rights and amending the legislation
to provide for exceptions to the general prohibition of all
abortions except where the mother's life is in danger.
24. The Committee is concerned about the continued existence
of a legal provision exempting a rapist from any penalty if
he marries the victim and about the continued requirement
in the legislation that a woman must be "honest"
for that offence to be held to have been committed. The State
party should immediately repeal this legislation, which is
incompatible with articles 3, 23, 26 and 2 (3) of the Covenant.
26. The Committee deplores the situation of street children,
which appears to be getting worse. These children run the
greatest risk of sexual violence and are vulnerable to sexual
trafficking. The State party should take effective measures
both to protect and rehabilitate street children, pursuant
to article 24 of the Covenant, including measures to put an
end to sexual exploitation and child pornography, and to punish
those found guilty of any kind of violence against minors.
27. The Committee is concerned about the situation of children
in the State party and, in particular, about the postponement
of the entry into force of the Juvenile Code, which was adopted
and promulgated, but then had its entry into force deferred.
The State party should promulgate a Juvenile Code that guarantees
minors the enjoyment of all their rights pursuant to article
24 of the Covenant.
(1996)
Concluding Observations of the Human Rights
Committee: Guatemala, 03/04/96, CCPR/C/79/Add.63.
16. The Committee notes with alarm the information received
of cases of summary executions, disappearances, torture, rape
and other inhuman or degrading treatment or punishment, arbitrary
arrests and detention of persons by members of the army and
security forces, or paramilitary and other armed groups or
individuals (notably the Civil Self-Defence Patrols (PACs)
and former military commissioners).
33. The Committee also urges that violence (especially within
the home) and acts of discrimination against women (such as
sexual harassment in the workplace) be established as punishable
crimes.
GUYANA (2000)
Concluding observations of the Human Rights Committee:
Guyana, 30/03/2000, CCPR/C/79/Add.121.
13.The Committee is concerned at the low level of participation
by women in the workforce and in the conduct of public affairs.
It regrets that the State party could not provide any information
on the application and effect of the Anti-Discrimination Act
of 1997 or the Equal Rights Act of 1990. It is also concerned
at the apparent conflict between article 29 of the Constitution,
which mandates equal rights for women and men, and article
149 (3)(b), which excludes from the prohibition on discrimination
laws dealing with marriage, divorce, and inheritance. The
State party is urged to take positive measures to ensure equality
of opportunity for women in all fields and to ensure that
the principles of equality and non-discrimination on all grounds
and in all areas of activity are fully implemented in the
new Constitution.
14.The Committee is concerned that the Domestic Violence
Act of 1996 appears to have been applied in very few cases
and at the lack of information relating to its impact in reducing
the level of violence against women. Police and other law
enforcement personnel should be trained to understand the
importance of ensuring that women who are victims of violence
are accorded equal protection and that preventive and punitive
measures are enforced.
17. The Committee expresses deep concern over dire prison
conditions (article 10 of the Covenant), including poor sanitation
and lack of adequate food and medical care, resulting in disease
and death. This is exacerbated by excessive recourse to imprisonment
as a punishment or as a preventive measure and by the overcrowding
of prisons. The State party is reminded of its obligation
under article 10 to ensure that all persons deprived of their
liberty shall be treated with humanity and with respect for
the inherent dignity of the human person. It is encouraged
to consider greater use of alternative forms of punishment
or preventive measures.
HUNGARY (2002)
Concluding observations of the Human Rights Committee:
Hungary, 19/04/2002, CCPR/CO/74/HUN.
6. While the Covenant is incorporated into the domestic legal
order and is directly applicable before the Hungarian courts,
not all Covenant rights are ensured in practice. The Committee
is also concerned that, notwithstanding article 26 of the
Covenant, there is no comprehensive legislative provision
against discrimination. The State party is requested to take
steps to enact comprehensive anti-discrimination legislation
(art. 26).
10. The Committee regrets continuing reports of violence
against women, including rape and sexual harassment. The State
party should take more vigorous measures to encourage the
development of a culture of human rights and to ban violence
against women; in this context, training and education in
human rights are essential at all levels and in all sectors
of society. In particular, the State party should take measures
to encourage women to report domestic violence to the authorities,
and to make police officers more sensitive in their handling
of allegations of rape and its psychological effects on the
victim. It should also consider enacting further legislation
to deal with domestic violence, including the introduction
of restraining orders as a means of separating women from
violent male family members; and it should provide shelters
and other support for victims of domestic violence (arts.
3, 7 and 9).
11. The Committee is concerned at the high maternal mortality
rate in Hungary and the fact that the State party does not
provide sufficient support for family planning through effective
means of contraception. The State party should take steps
to protect women's life and health, through more effective
family planning and contraception (art. 6).
INDIA (1997)
Concluding Observations of the Human Rights Committee:
India, 04/08/97, CCPR/C/79/Add.81.
16. While acknowledging measures taken to outlaw child marriages
(Child Marriages Restraint Act), the practice of dowry and
dowry related violence (Dowry Prohibition Act and the Penal
Code) and sati - self-immolation of widows - (Commission of
Sati (Prevention) Act), the Committee remains gravely concerned
that legislative measures are not sufficient and that measures
designed to change the attitudes which allow such practices
should be taken. The Committee is also concerned that giving
male children preferred treatment persists, and deplores that
practices such as foeticide and infanticide of females continue.
The Committee further notes that rape in marriage is not an
offence and that rape committed by a husband separated from
his wife incurs a lesser penalty than for other rapists. The
Committee therefore recommends: that the Government take further
measures to overcome these problems and to protect women from
all discriminatory practices, including violence. Additional
information should be provided in the State party's next periodic
report on the functions, powers and activities of the National
Commission for Women.
23. The Committee expresses concern at allegations that police
and other security forces do not always respect the rule of
law and that, in particular, court orders for habeas corpus
are not always complied with, particularly in disturbed areas.
It also expresses concern about the incidence of custodial
deaths, rape and torture, and at the failure of the Government
of India to receive the United Nations Special Rapporteur
on the question of torture and other cruel, inhuman or degrading
treatment or punishment. Therefore: while the Committee welcomes
the requirement by the National Human Rights Commission that
all such alleged incidents be reported and investigated, and
that all post-mortem examinations be taped, it recommends:
(a) The early enactment of legislation for mandatory judicial
inquiry into cases of disappearance and death, ill-treatment
or rape in police custody;
(b) The adoption of special measures to prevent the occurrence
of rape of women in custody;
(c) The mandatory notification of relatives of detainees
without delay;
(d) That the right of detainees to legal advice and assistance
and to have a medical examination be guaranteed;
(e) That priority be given to providing training and education
in the field of human rights to law enforcement officers,
custodial officers, members of the security and armed forces,
and judges and lawyers, and that the United Nations Code of
Conduct for Law Enforcement Officials be taken into account
in this regard.
IRAQ (1997)
Concluding Observations of the Human Rights Committee:
Iraq, 19/11/97, CCPR/C/79/Add.84.
6. The Committee welcomes the repeal of Revolutionary Command
Council Decree No. 111 of 1990, which exempted from prosecution
certain "crimes of honour" involving the killing
of female relatives.
IRELAND
(2000)
Concluding observations of the Human Rights Committee:
Ireland, 24/07/2000, A/55/40,paras.422-451.
20. While noting the many advances that have been made in
regard to the participation of women in all aspects of political,
social and economic life, the Committee is concerned at the
continuing inequalities faced by women in Ireland, which are
reflected in the under-representation of women in certain
occupations and in political life and in the generally lower
salaries paid to women as compared with men. The Committee
is also concerned that the references to women made in article
41 (para. 2) of the Constitution could perpetuate traditional
attitudes toward the role of women. In that provision, the
State "recognizes that by her life within the home, woman
gives to the State a support without which the common good
cannot be achieved. The State shall, therefore, endeavour
to ensure that mothers shall not be obliged by economic necessity
to engage in labour to the neglect of their duties in the
home".
21. The Committee urges the State party to intensify its
efforts to ensure equality of women in all spheres, particularly
in public and political life and in decision-making bodies,
in accordance with articles 3 and 26 of the Covenant. It encourages
the State party to strengthen its efforts to monitor the situation
of women by collecting gender-disagreggated data in these
spheres and by "gender-proofing" all draft legislation
to ensure neutrality.
22. The Committee is concerned that exemptions under the
Employment Equality Act, which allow religious bodies directing
hospitals and schools to discriminate in certain circumstances
on the ground of religion in employing persons whose functions
are not religious, may result in discrimination contrary to
article 26 of the Covenant.
23. The Committee is concerned that the circumstances in
which women may lawfully obtain an abortion are restricted
to when the life of the mother is in danger and do not include,
for example, situations where the pregnancy is the result
of rape.
24. The State party should ensure that women are not compelled
to continue with pregnancies where that is incompatible with
obligations arising under the Covenant (art. 7) and General
Comment No. 28.
27. With respect to the Travelling community, the Committee
continues to be concerned about the generally lower living
standards of members of this community, their low levels of
participation in national political and social life and their
high levels of maternal and infant mortality.
28. The State party is urged to continue its efforts to take
positive action to overcome discrimination and to ensure the
equal enjoyment of rights by members of the Travelling community
and in particular to improve their access to health, education
and welfare services, including accommodation, and their participation
in political and public life. The State should also pursue
actively programmes to change attitudes and to promote understanding
between the Travelling and the settled communities (arts.
26, 27).
(1993)
Concluding Observations of the Human Rights
Committee: Ireland, 03/08/93, CCPR/C/79/Add.21.
15. With respect to freedom of expression and the right of
access to information, the Committee notes with concern that
the exercise of those rights is unduly restricted under present
laws concerning censorship, blasphemy and information on abortion.
The prohibition of interviews with certain groups outside
the borders by the broadcast media infringes upon the freedom
to receive and impart information under Article 19, paragraph
2, of the Covenant. The Constitutional requirement that the
President and judges must take a religious oath excludes some
people from holding those offices.
ISRAEL (2003)
Concluding observations of the Human Rights Committee:
Israel, 21/08/2003, CCPR/CO/78/ISR.
4. The Committee welcomes the positive measures and legislation
adopted by the State party to improve the status of women
in Israeli society, with a view to promoting gender equality.
In this context, it welcomes in particular the amendment to
the Equal Rights for Women Law (2000), the Employment of Women
Law (Amendment 19), the adoption of the Sexual Harassment
Law (1998), the Prevention of Stalking Law (2001), the Rights
of Victims of an Offence Law (2001), and other legislative
measures designed to combat domestic violence. It also welcomes
the establishment of the Authority for the Advancement of
the Status of Women but would appreciate further, up-to-date
information on its responsibilities and functioning in practice.
5. The Committee welcomes the measures taken by the State
party to combat trafficking in women for the purpose of prostitution,
in particular the Prohibition on Trafficking Law enacted in
July 2000 and the prosecution of traffickers since that date.
6. The Committee notes the efforts to increase the level
of education for the Arab, Druze and Bedouin communities in
Israel. In particular, it notes the implementation of the
Special Education Law and the Compulsory Education Law Amendment
(2000).
8. The Committee welcomes legislation adopted by the State
party in respect of persons with disabilities, in particular
the enactment of the Equal Rights for People with Disabilities
Law (1998). It expresses the hope that those areas where the
rights of disabled people, acknowledged by the delegation
as not being respected and requiring further improvements,
will be addressed as soon as possible.
20. The Committee is concerned by public pronouncements made
by several prominent Israeli personalities in relation to
Arabs, which may constitute advocacy of racial and religious
hatred that constitutes incitement to discrimination, hostility
and violence. The State party should take necessary action
to investigate, prosecute and punish such acts in order to
ensure respect for article 20, paragraph 2, of the Covenant.
21. The Committee is concerned about Israel's temporary suspension
order of May 2002, enacted into law as the Nationality and
Entry into Israel Law (Temporary Order) on 31 July 2003, which
suspends, for a renewable one-year period, the possibility
of family reunification, subject to limited and subjective
exceptions especially in the cases of marriages between an
Israeli citizen and a person residing in the West Bank and
in Gaza. The Committee notes with concern that the suspension
order of May 2002 has already adversely affected thousands
of families and marriages. The State party should revoke the
Nationality and Entry into Israel Law (Temporary Order) of
31 July 2003, which raises serious issues under articles 17,
23 and 26 of the Covenant. The State party should reconsider
its policy with a view to facilitating family reunification
of all citizens and permanent residents. It should provide
detailed statistics on this issue, covering the period since
the examination of the initial report.
JAMAICA (1997)
Concluding Observations of the Human Rights Committee:
Jamaica, 19/11/97, CCPR/C/79/Add.83.
12. The Committee is concerned at the incidence of domestic
violence against women. Therefore: The Committee recommends
that increased efforts be made to sensitize the population
to the need to respect women's dignity and that legislation
should ensure ready access to remedies for violations of women's
human rights, and that social and educational programmes be
pursued to ensure the upholding of womens' rights by way of
abolishing all discrimination.
JAPAN (1998)
Concluding Observations of the Human Rights Committee:
Japan, 19/11/98, CCPR/C/79/Add.102.
30. The Committee continues to be gravely concerned about
the high incidence of violence against women, in particular
domestic violence and rape, and the absence of any remedial
measures to eradicate this practice. The Committee is troubled
that the courts in Japan seem to consider domestic violence,
including forced sexual intercourse, as a normal incident
of married life.
31. The Committee, while acknowledging the abolition of forced
sterilization of disabled women, regrets that the law has
not provided for a right of compensation to persons who were
subjected to forced sterilization, and recommends that the
necessary legal steps be taken.
KUWAIT (2000)
Concluding observations of the Human Rights Committee:
Kuwait, 27/07/2000, CCPR/CO/69/KWT, A/55/40,paras.452-497.
7. Discrimination against women limits the enjoyment by women
of their rights under the Covenant. In particular, pursuant
to the Act on Personal Status, women cannot freely marry before
they are 25 years of age, except with the approval of a guardian,
who is usually the father or a judge, women's right to marry
non-Kuwaiti citizens is restricted, and the age of marriage
for men and women is different (17 for men, 15 for women).
The Committee is concerned that polygamy is still practised
in Kuwait, that men and women who commit adultery are not
treated equally, and that toleration of so-called "crimes
of honour" adds to the existing inequality between the
sexes.
8. Kuwait must grant women effective equality in law and
practice and ensure their right to non-discrimination as stipulated
in article 26 of the Covenant. Polygamy should be prohibited
by law. The Committee refers to its General Comment No. 28
on equality between men and women and urges the State party
to take all necessary measures to sensitize the population,
so as to eradicate attitudes that lead to discrimination against
women in all sectors of daily life and society.
15. The Committee notes that abortion is a crime under Kuwaiti
law and that the law makes no provision for exceptions on
humanitarian grounds.
16. The State party should consider amending the law and
make provision for the protection of the right to life of
pregnant women under article 6 of the Covenant.
KYRGYZSTAN (2000)
Concluding observations of the Human Rights Committee:
Kyrgyzstan, 24/07/2000, CCPR/CO/69/KGZ.
13. The Committee notes that, although article 15 of the
Constitution provides for the equality of men and women, the
condition of women has not ceased deteriorating in the private
and public sectors. The number of women in Parliament, in
public service and in management posts remains very low, a
situation which constitutes a serious contravention of the
fundamental principle of equality and which has a negative
impact on the enjoyment of all other rights and on the harmonious
development of society. Moreover, the problems of poverty
and unemployment have contributed to high rates of maternal
and infant mortality. The Committee refers to articles 3 and
26 of the Covenant and to its General Comment No. 28 on gender
equality, and urges the State party to take all necessary
measures to sensitize the population, so as to improve the
condition of women by eradicating all traditional and stereotypical
attitudes that deny women equality in education, the workplace,
public life and access to public service. In particular, measures
against discrimination should be enforced and positive measures
taken to further the education of women at all levels.
14. The Committee expresses grave concern over the occurrence
of violence against women and the increasing phenomenon of
trafficking in women, which is aggravated by the economic
hardship facing women in Kyrgyzstan (arts. 3, 7, 8). The State
party should ensure that existing laws relating to violence
against women and trafficking are vigorously enforced; adopt
effective measures to protect women; provide victims of violence
and abuse with a measure of compensation and rehabilitation;
and combat trafficking in all appropriate ways, including
the prosecution and punishment of those responsible. Specific
legislation on the prohibition and punishment of domestic
violence and trafficking in women should be enacted.
19. The Committee is concerned about the continued existence
of child labour, the problem of mistreatment of children in
some educational institutions, cruel punishment and the phenomenon
of trafficking in children. The State party must urgently
address these issues so as to ensure the special protection
to which children are entitled under article 24 of the Covenant.
Specifically, corporal punishment must be prohibited.
LATVIA (2003)
Concluding observations of the Human Rights Committee:
Latvia, 06/11/2003, CCPR/CO/79/LVA.
12. The Committee notes the efforts made by the State party
to address the situation regarding trafficking in persons,
in particular by amending legislation, the adoption of a preventive
strategy by providing information to potential victims, and
through international cooperation. However, the Committee
is concerned about the slow progress made in implementing
those policies and notes that it has received only limited
statistical information from the State party (Articles 3,
8). The State party should take measures to combat this practice,
which constitutes a violation of several Covenant rights,
including article 3 and the right under article 8 to be free
from slavery and servitude. Strong measures should be taken
to prevent trafficking and to impose sanctions on those who
exploit women in this way. Protection should be extended to
women who are victims of this kind of trafficking so that
they may have a place of refuge and an opportunity to give
evidence against the persons responsible in criminal or civil
proceedings. The Committee encourages the State party to continue
its cooperative efforts with other states to eliminate trafficking
across national borders. The Committee wishes to be informed
of the measures taken and their result.
13. While noting the efforts made by the State party to
combat domestic violence, particularly in the area of legislative
reform, the Committee regrets the lack of detailed information
on the nature of the problem. The Committee is concerned at
reports that domestic violence persists (Articles 3, 9, 26).
The State party should adopt the necessary policy and legal
framework to combat domestic violence, as envisaged, inter
alia, by the draft programme on the implementation of gender
equality. Furthermore, the Committee recommends that the State
party establish crisis centre hotlines and victim support
centres equipped with medical, psychological, legal and emotional
support. In order to raise public awareness, it should disseminate
information on this issue through the media.
14. The Committee notes that discrimination against women
with regard to remuneration persists, notwithstanding the
measures taken by the government to guarantee equal treatment,
including employment law, and the programme on the implementation
of gender equality. The Committee regrets that insufficient
information was provided by the state party in regard to the
number and results of cases brought and whether compensation
has been paid. (Articles 3, 26). The State party should take
all necessary measures to ensure equal treatment of women
and men in the public and private sectors, if necessary through
appropriate positive measures, in order to give effect to
its obligations under articles 3 and 26.
LEBANON (1997)
Concluding Observations of the Human Rights Committee:
Lebanon, 01/04/97, CCPR/C/79/Add.78.
18. While welcoming recent legislative amendments which eliminate
some forms of discrimination against women, the Committee
notes that both legal and de facto discrimination continue
to be a matter of concern. It refers in this context to Articles
487 to 489 of the Criminal Code, which impose harsher sentences
for conviction of adultery on women than on men, to nationality
laws and the law which may restrict the right to leave the
country for spouses in the absence of the consent of their
husband (para. 9 of the report). The Committee considers that
these provisions, and others referred to in the report, are
incompatible with Articles 3 and 23 of the Covenant. The Committee
is equally concerned about the compatibility of laws and regulations
which do not allow Lebanese citizens to contract marriage
other than in accordance with the laws and procedures of one
of the recognized religious communities, and that these laws
and procedures do not afford equality of rights to women.
19. Accordingly, the Committee recommends that the State party
review its laws, especially those governing the status of
women, women's rights and obligations in marriage and civil
obligations, make appropriate amendments to them and take
appropriate action to ensure full legal and de facto equality
for women in all aspects of society. Accessible and effective
remedies should be available in respect of all forms of discrimination.
The Committee recommends that in addition to the existing
laws and procedures governing marriage, civil laws on marriage
and divorce available to everyone should be introduced in
Lebanon.
LESOTHO (1999)
Concluding Observations of the Human Rights Committee:
Lesotho, 08/04/99, CCPR/C/79/Add.106.
11. The Committee is concerned that the law in force in Lesotho
makes abortion illegal except in cases where the woman concerned
is of unsound mind or the conception is the result of rape
or incestuous intercourse. The Committee recommends the State
party to review the law of abortion to provide for situations
where the life of the woman is in danger.
12. The Committee expresses its grave concern about the
fact that the practice of female genital mutilation appears
to continue to exist in parts of Lesotho, as noted in the
report of the Special Rapporteur on Violence against Women.
The Committee calls for the eradication of this practice,
which is contrary to human dignity and violates various human
rights, including the right to life (Article 6) and the right
to protection against cruel, inhuman and degrading treatment
(Article 7), and recommends that the practice be made punishable
under law and that educational programmes be undertaken in
this regard.
13. The Committee notes with concern that a sexual relationship
between consenting adult partners of the same sex is punishable
under law. The Committee recommends that the State party amend
the law in this respect.
16. The Committee notes with concern that there are fairly
numerous instances of torture of persons in custody. The Committee
strongly urges the State party to establish an independent
authority consisting of respected civilians for receiving
and investigating complaints of torture and ill-treatment,
giving redress to the victims and prosecuting those responsible
for such torture and ill-treatment.
LIBYAN ARAB JAMAHIRIYA (1998)
Concluding Observations of the Human Rights Committee:
Libyan Arab Jamahiriya, 06/11/98, CCPR/C/79/Add.101.
9. The Committee is concerned at the high rate of maternal
mortality and requests the State party to provide information
in its next report on measures taken to reduce it.
17. The Committee notes with concern that, in spite of the
Government's efforts, inequality between men and women persists
in a number of areas, such as inheritance, freedom of movement,
acquisition and transmission of nationality and divorce. It
was also concerned to receive from the Delegation information
that polygamy may still be practised under certain conditions.
The Committee regrets that the law still does not provide
adequate protection to women in respect of domestic violence
and rape. While recognizing the progress achieved as far as
equality in the workplace is concerned, the Committee emphasizes
that much remains to be done to reach full equality, including
equal wages. The Committee recommends that the State party
intensify its efforts to guarantee full equal enjoyment by
men and women of all their human rights.
LITHUANIA
(2004)
Concluding observations of the Human Rights
Committee: Lithuania, 04/05/2004, CCPR/CO/80/LTU.
9. The Committee is concerned that incidents of domestic
violence against women and children are rising. While noting
the efforts made by the State party to combat domestic violence,
including the National Equal Opportunities Programme and the
Action Plan on Violence against Children, the Committee notes
that there is no special legislation relating to domestic
violence within the legal system (arts. 3 and 7). The State
party should take all necessary measures, including the enactment
of appropriate legislation, to deal with domestic violence.
New legislation should include the introduction of restraining
orders as a means of protecting women and children from violent
family members. The State party should continue its efforts
to provide shelters and other support for victims of domestic
violence and take measures to encourage women to report domestic
violence to the authorities, and to make police officers more
sensitive in their handling of allegations of domestic violence,
including rape and its psychological impact on the victim.
12. While noting the information provided orally by the
delegation on sex education in schools, the Committee is concerned
at the high rate of unwanted pregnancies and abortions among
young women between the ages of 15 and 19, and the high number
of these women contracting HIV/AIDS, with consequent risks
to their life and health (art. 6). The State party should
take further measures to help young women avoid unwanted pregnancies
and HIV/AIDS, including strengthening its family planning
and sex education programmes.
14. The Committee is concerned at the situation regarding
trafficking in persons, in particular the low number of criminal
proceedings instituted for documented cases of trafficking
(arts. 3 and 8). The State party should reinforce measures
to combat trafficking of women and children and impose sanctions
on those who exploit women for such purposes. The Committee
encourages the State party to continue to protect women who
are victims of trafficking to enable them to seek refuge and
testify against the persons responsible in criminal or civil
proceedings. The State party should also cooperate with other
States in eliminating trafficking across national borders.
The Committee wishes to be informed of the measures taken
and their result.
(1997)
Concluding Observations of the Human Rights
Committee: Lithuania, 19/11/97, CCPR/C/79/Add.87.
11. While noting the measures adopted recently to provide
assistance to women victims of violence and forced prostitution
and to prosecute persons involved in procuring, the Committee
is extremely concerned about the extent of these problems.
It is also concerned about the problems of child abuse, including
sexual abuse. Therefore: Additional measures should be taken
to prevent, investigate and prosecute cases of violence against
women, including domestic violence, and abuse of children,
including sexual abuse, and to promote the right of women
and children to personal security. Programmes for the rehabilitation
of traumatized children and adequate legal and social procedures
and mechanisms to deal with complaints of both physical and
mental ill-treatment need to be developed.
14. While recognizing the efforts undertaken by the State
party to improve prison conditions, the Committee is concerned
that most prisons, especially places of pre-trial confinement,
are overcrowded. Therefore: The State party should take the
necessary measures to ensure that the conditions of detention
of persons deprived of their liberty comply with Article 10
of the Covenant, taking into account the Committee's General
Comment No. 21 (44) and the United Nations Standard Minimum
Rules for the Treatment of Prisoners.
LUXEMBOURG (2003)
Concluding observations of the Human Rights Committee:
Luxembourg, 15/04/2003, CCPR/CO/77/LUX.
3. The Committee has taken note of the Luxembourg delegation's
position that the Covenant takes precedence over internal
law, including the Constitution. The Committee welcomes the
institutional changes the State party is making in prisons
in order to prevent suicides. It has also taken note of the
initiatives in the form of bills that the State party is taking
in order to ensure better protection for the victims of trafficking
in persons for the purposes of forced prostitution and for
witnesses in judicial proceedings; to combat family violence;
and to change the law relating to the press to embody in it
the principle of proportionality. It has taken note of the
State party's intention not only to implement the relevant
legislative provisions, but also to make society, and victims,
in particular, aware of the use of existing protection mechanisms.
5. The Committee regrets the lack of detailed information
on equality of men and women in the private and public sectors
and, in particular, on obstacles in this regard (articles
3 and 26 of the Covenant). The State party should provide
the Committee with a detailed analysis of the question in
its next report.
9. The Committee notes that the Civil Code still draws a
distinction between "legitimate" children and children
born out of wedlock, whereas, by law, they are entitled to
the same rights (article 26 of the Covenant). The State party
should remove this obsolete distinction from the Civil Code.
MALI (2003)
Concluding observations of the Human Rights Committee:
Mali, 16/04/2003, CCPR/CO/77/MLI.
6. The Committee commends the State party on the measures
it has taken to combat the trafficking of Malian children
to other countries.
10. While welcoming the establishment of a Ministry for the
Advancement of Women, Children and the Family, the Committee
expresses its grave concern at the continued existence in
Mali of legislation which discriminates against women, in
particular with regard to marriage, divorce, and inheritance
and succession, and of discriminatory customary rules relating
to property ownership. The Committee, while appreciating that
adoption of a Family Code requires wide-ranging consultations,
notes with concern that the proposed reform, ongoing since
1998, has not yet concluded. The Committee is also concerned
by information that the practice of the levirat,
a practice whereby a widow is inherited by the deceased husband's
brothers and cousins, is said to persist in Mali (articles
3, 16 and 23 of the Covenant). The State party should:
(a) Expedite adoption of the Family Code; the Committee recommends
that it should comply with the provisions of articles 3, 23
and 26 of the Covenant, in particular with regard to the respective
rights of spouses in the context of marriage and divorce.
In this connection the Committee draws the attention of Mali
to its General Comment No. 28 (2000) on equality of rights
between men and women, in particular with regard to polygamy,
a practice which violates the dignity of women and constitutes
unacceptable discrimination against women. The State party
should abolish polygamy once and for all;
(b) Particular attention should be paid to the question of
early marriage by girls, a widespread phenomenon. The State
party should raise the minimum legal age for marriage by girls
to the same age as for boys.
(c) The State party should establish a succession regime
that does not discriminate against women: equality of heirs
without discrimination on the basis of sex should be guaranteed,
and the State should ensure that there are better guarantees
of the rights of widows and that on succession there is a
fair distribution of assets.
(d) The State party should abolish the levirat once
and for all and apply appropriate penalties against those
engaging in the practice, and take appropriate measures to
protect and support women, especially widows.
11. The Committee notes with concern that a very high percentage
of women in Mali have reportedly been subjected to genital
mutilation. The Committee welcomes the programmes already
implemented by the authorities and non-governmental organizations
to combat the practice, but regrets that there is no specific
legal prohibition. The State party, moreover, has not been
able to provide precise information on the specific results
produced by the actions already taken (articles 3 and 7 of
the Covenant). The State party should prohibit and criminalize
the practice of female genital mutilation so as to send a
clear and strong signal to those concerned. The State party
should strengthen its awareness-raising and education programmes
in that regard, and inform the Committee, in its next periodic
report, of efforts made, results obtained, and difficulties
encountered.
12. The Committee is concerned about reports of domestic
violence in Mali and the failure by the authorities to prosecute
the perpetrators of these acts and to take care of the victims.
Bearing in mind the delegation's reply, to the effect that
domestic violence is punishable under the current provisions
of the Penal Code, the Committee stresses the need for special
legislation to deal with such violence, given its specific
nature (articles 3 and 7 of the Covenant). The State party
should adopt specific legislation expressly prohibiting and
punishing domestic violence. Victims should be properly protected.
The State party should adopt a policy of prosecuting and punishing
such violence, including by issuing clear directives to that
effect to its police and through appropriate awareness-raising
and training measures for its officials.
13. The Committee states its concern about reports that women
do not enjoy rights on an equal basis with men as regards
political participation and access to education and employment.
The State party should strengthen its efforts to promote the
situation of women in the area of political participation,
access to education and access to employment, and invites
the State party to give information, in its next report, on
the action it has taken and the results obtained.
14. While noting the considerable efforts made by the State
party, the Committee remains concerned by the high maternal
and infant mortality rate in Mali, due in particular to the
relative inaccessibility of health and family planning services,
the poor quality of health care provided, the low educational
level and the practice of clandestine abortions (article 6
of the Covenant). So as to guarantee the right to life, the
State party should strengthen its efforts in that regard,
in particular in ensuring the accessibility of health services,
including emergency obstetric care. The State party should
ensure that its health workers receive adequate training.
It should help women avoid unwanted pregnancies, including
by strengthening its family planning and sex education programmes,
and ensure that they are not forced to undergo clandestine
abortions, which endanger their lives. In particular, attention
should be given to the effect on women's health of the restrictive
abortion law.
17. Recalling the efforts undertaken by the State party in
this regard, the Committee remains concerned by the trafficking
of Malian children to other countries in the region, in particular,
Côte d'Ivoire, and their subjection to slavery and forced
labour (art. 8). The State party should take action to eradicate
this phenomenon. Information on measures taken by the authorities
to prosecute the perpetrators of this traffic, as well as
more precise details of the numbers of victims and of children
benefiting from protection, repatriation and reintegration
measures, should be provided in the next periodic report.
18. While welcoming the various programmes adopted by the
State party, the Committee is very concerned about the situation
of migrant girls leaving the countryside for the towns to
work as domestic servants and who, according to some reports,
work an average of 16 hours a day for very low or non-existent
wages, are often the victims of rape and ill-treatment, and
may be forced into prostitution (art. 8). The State party
should intensify its efforts to punish those responsible for
the exploitation of these migrant girls. The State party should
adopt and develop appropriate complaint and protection mechanisms
and is urged to provide information on the number of girls
subjected to such exploitation, the number of those benefiting
from protection and reintegration measures, and the content
of its labour legislation and criminal law in this area.
MEXICO (1994)
Concluding Observations of the Human Rights Committee:
Mexico, 18/04/94, CCPR/C/79/Add.32.
17. The Committee invites the authorities actively to pursue
programmes for the protection of vulnerable children, particularly
street children. Similarly, the progress achieved with regard
to the status of women should be developed further and greater
efforts should be made to combat family violence.
MOLDOVA (2002)
Concluding observations of the Human Rights Committee:
Republic of Moldova, 26/07/2002, CCPR/CO/75/MDA.
9. The Committee is deeply concerned at the conditions prevailing
in the State party's detention facilities, in particular its
failure to comply with international standards (as acknowledged
by the State party), including the guarantees provided in
articles 7 and 10 of the Covenant. It is particularly disturbed
at the prevalence of disease, notably tuberculosis, which
is a direct result of prison conditions. It reminds the State
party of its obligation to ensure the health and life of all
persons deprived of their liberty. Danger to the health and
lives of detainees as a result of the spread of contagious
diseases and inadequate care amounts to a violation of article
10 of the Covenant and may also include a violation of articles
9 and 6. The State party should take immediate steps to ensure
that the conditions of detention within its facilities comply
with the standards set out in articles 6, 7 and 10 of the
Covenant, including the prevention of the spread of disease
and the provision of appropriate medical treatment to persons
who have contracted diseases, either in prison or prior to
their detention.
10. The Committee is concerned that, despite recent attempts
by the State party to halt the activities of persons involved
in the smuggling of individuals, there continue to be widespread
reports of extensive trafficking, particularly of women, in
violation of article 8 of the Covenant. The State party should
reinforce its efforts to put a stop to the trafficking of
individuals, particularly of women, both originating in and
in transit through its territory.
18. The Committee is concerned that the delegation was unable
to respond to the question of whether the practice of relying
on abortion as a means of contraception is a cause of the
high level of maternal mortality in the State party. The State
party should undertake a careful assessment of the issue of
abortion and maternal mortality and take the necessary measures
to reduce the high maternal death rate.
MONACO (2001)
Concluding observations of the Human Rights Committee:
Monaco, 28/08/2001, CCPR/CO/72/MCO.
8. The Committee regrets the lack of information in the initial
report on the representation of women in public and private
life (arts. 3 and 26 of the Covenant). The State party should
include detailed information in its next report so that the
status of women may be assessed more accurately in the light
of the Covenant and, in particular, the principle of non-discrimination
based on sex.
9. The Committee expresses its concern about the discriminatory
nature of certain provisions of the Civil Code, including
article 182, which states that the husband is the head of
the family; article 196, which gives husbands the right to
choose the couple's place of residence; and article 301, which
vests the father with parental authority over the children
(arts. 3, 23 and 26 of the Covenant). The State party should
repeal these discriminatory provisions of the Civil Code and
adopt the appropriate legislative provisions to ensure de
facto equality between men and women.
10. The Committee is concerned about the discriminatory legal
status of women insofar as the transmission of Monegasque
nationality to children is concerned (arts. 3 and 26 of the
Covenant). The State party should adopt legislation giving
men and women the same right to transmit nationality to children.
11. The Committee expresses its concern about the legal status
of children born out of wedlock (art. 24 of the Covenant).
The State party should adopt appropriate legislation to ensure
that children born out of wedlock enjoy the same rights as
other children.
12. The Committee is concerned that Monegasque legislation
discriminates between boys and girls in that the legal age
for marriage is 15 years for girls, but 18 years for boys
(arts. 23 and 26 of the Covenant). The State party should
amend its legislation to ensure that girls and boys are treated
equally by making the legal age of marriage 18 years, regardless
of sex.
MONGOLIA (2000)
Concluding observations of the Human Rights Committee:
Mongolia, 27/03/2000, CCPR/C/79/Add.120.
8. Many areas of concern remain in relation to discrimination
against women and the inability of women fully to enjoy Covenant
rights (articles 3 and 26 of the Covenant). In particular,
attention has been drawn to:
(a) a general deterioration in the status of women in society,
especially in the political sphere, despite their high standard
of competence;
(b) the acute problem of maternal mortality, due in part
to unsafe abortions, and unavailability of family planning
advice and facilities;
(c) discrimination against women in private sector employment,
with effective impunity of employers in the face of court
judgements;
(d) failure to prosecute persons engaged in organizing prostitution
or to adopt effective measures to combat trafficking in women;
(e) the growing incidence of domestic violence and the failure
to prosecute the perpetrators under the relevant article in
the Code of Criminal Procedure;
(f) the necessity to prove violence in order to obtain a
conviction for rape; and
(g) the failure to make marital rape an offense.
The next report should provide in much greater detail statistics
concerning the position of women by way of participation in
public life, private employment and in other relevant respects.
It should also include details on the "National Programme
on Improving the Status of Mongolian Women" and on other
actions taken to combat all the above violations of human
rights by administrative, medical, educational and legal measures.
Prosecution for violations, where they constitute offences,
should be sought and civil remedies properly enforced.
15. The Committee is concerned about the problems confronting
the population of remote regions of the territory described
by the delegation (article 26 of the Covenant). Efforts should
continue to ensure that persons throughout rural areas of
the country have access to education, and to medical treatment
and other public facilities that are available to those who
live in urban areas.
MOROCCO (2004)
Concluding observations and comments of the Human
Rights Committee: Morocco, 01/12/2004, CCPR/CO/82/MAR.
17. The Committee remains concerned about the reports of
poor conditions in prisons, particularly the shortage of medical
care, the lack of rehabilitation programmes and the lack of
visiting areas (Covenant, arts. 7 and 10). The State party
should improve prison conditions in line with article 10 of
the Covenant and should institute alternative penalties.
27. The Committee is concerned about the legal ban on marriages
between women of the Muslim faith and men from other religions
or with other beliefs (Covenant, arts. 3, 23 and 26). The
State party should comply with the provisions of articles
3, 23 and 26 of the Covenant by revising the legislation concerned.
28. The Committee is also concerned about the high level
of domestic violence against women. The State party should
take suitable practical measures to combat this phenomenon
(Covenant, arts. 3 and 7).
29. The Committee notes with concern that abortion is still
a criminal offence under Moroccan law unless it is carried
out to save the mother's life. The State party should ensure
that women are not forced to carry a pregnancy to full term
where that would be incompatible with its obligations under
the Covenant (arts. 6 and 7) and should relax the legislation
relating to abortion.
30. The Committee regrets that the new Family Code, while
placing limitations on the practice of polygamy, nevertheless
does not ban it, despite the fact that it is detrimental to
women's dignity (Covenant, arts. 3, 23 and 26). The State
party should ban polygamy clearly and definitively (Covenant,
arts. 3, 23 and 26).
NEPAL (1994)
Concluding Observations of the Human Rights Committee:
Nepal, 10/11/94, CCPR/C/79/Add.42.
8. The Committee expresses its concern over the situation
of women who, despite some advances, continue to be de
jure or de facto the object of discrimination as regards
marriage, inheritance, transmission of citizenship to children,
divorce, education, protection against violence, criminal
justice, and wages. The Committee is also concerned that the
average life expectancy of women is shorter than that of men.
It regrets the high proportion of women prisoners sentenced
for offences resulting from unwanted pregnancies.
10. The Committee is deeply concerned with the cases of summary
and arbitrary executions, enforced or involuntary disappearances,
torture and arbitrary or unlawful detention committed by members
of the army, security or other forces during the period under
review which have been brought to its attention. It deplores
that those violations were not followed by proper inquiries
or investigations, that the perpetrators of such acts were
neither brought to justice nor punished, and that the victims
or their families were not compensated. It regrets that the
draft bills against torture and ill-treatment of the person
as well as on the compensation of victims of torture, have
not yet been adopted. Moreover, the quasi judicial authority
of the Chief District Officer and the insufficient protection
of the independence of the judiciary undermines the efforts
aimed at preventing the occurrence of similar acts.
13. The Committee stresses the need to take appropriate action
in order to ensure the effective application of Articles 2
and 3 of the Covenant, particularly through the adoption of
administrative and educational measures designed to eliminate
traditional practices and customs detrimental to the well-being
and status of women and vulnerable groups of the Nepalese
society.
NETHERLANDS (2001)
Concluding observations of the Human Rights Committee:
Netherlands, 27/08/2001, CCPR/CO/72/NET.
10. While welcoming the recent appointment of an independent
National Rapporteur on Trafficking in Persons endowed with
appropriate investigative and research powers, the Committee
remains concerned at continuing reports of sexual exploitation
of significant numbers of foreign women in the State party
(articles 3, 8 and 26 of the Covenant). The State party should
ensure that the National Rapporteur is equipped with all the
means necessary to achieve real and concrete improvement in
this area. The State party should inform the Committee of
progress made in this respect in the next report.
11. The Committee appreciates the new instructions issued
by the Immigration and Naturalization Service aimed at drawing
the competent officials' attention to specific aspects of
female asylum-seekers' statements peculiar to their gender.
However, it remains concerned that a well-founded fear of
genital mutilation or other traditional practices in the country
of origin that infringe the physical integrity or health of
women (article 7 of the Covenant) does not always result in
favourable asylum decisions, for example when genital mutilation,
despite a nominal legal prohibition, remains an established
practice to which the asylum-seeker would be at risk. The
State party should make the necessary legal adjustments to
ensure that the female persons concerned enjoy the required
protection under article 7 of the Covenant.
The Netherlands Antilles (2001)
21. The Committee notes with regret that the distinctions
between legitimate and illegitimate children who have not
been recognized by their father, and who accordingly suffer
disadvantage under inheritance laws, have not been eliminated.
The State party should remove all distinctions between legitimate
and illegitimate children in compliance with articles 24 and
26 of the Covenant.
NIGERIA (1996)
Concluding Observations of the Human Rights Committee:
Nigeria, 24/07/96, CCPR/C/79/Add.65; A/51/40, paras. 267-305.
291. The Committee expresses its concern about the situation
of women in Nigeria, particularly as regards their low level
of participation in public life and the continued application
of marriage regimes which permit polygamy and do not fully
respect the equal rights of women. It expresses particular
concern about the widespread practices of forced marriage
and of genital mutilation of girls.
296. The Committee requests the State party to take effective
measures to implement the full and equal enjoyment by women
of rights and freedoms protected by the Covenant. These measures
should ensure the equal participation by women at all levels
of the political, social and economic life of the country.
The Committee recommends that steps should be taken, in particular
through education, to overcome certain traditions and customs,
such as female genital mutilation and forced marriages which
are incompatible with the equality rights of women.
NORWAY (1993)
Concluding Observations of the Human Rights Committee:
Norway, 04/11/93, CCPR/C/79/Add.27.
7. With respect to equality and non-discrimination, developments
relating to the granting to foreigners of the right to vote
in local elections and to hold local office as well as legislative
steps relating to the registration of partnership of the same
sex are welcomed by the Committee. The continuing improvements
in the legal and de facto equality of women and the strengthened
measures against domestic violence and sexual abuse of children
were also noted with satisfaction.
PARAGUAY (1995)
Concluding Observations of the Human Rights Committee:
Paraguay, 03/10/95, CCPR/C/79/Add.48; A/50/40, paras. 192-223.
207. The Committee is concerned that, despite constitutional
guarantees for the rights of women, women continue to receive
unequal treatment in Paraguay, owing in part to outdated laws
that clearly contradict the provisions of the Covenant. These
would include laws that are more lenient in instances of infanticide
committed to protect the honour of a woman than in ordinary
cases of homicide and laws that make distinctions in the punishment
accorded to persons who rape or abduct women depending on
the marital status of the victim. It further notes that labour
laws do not adequately protect the rights of women. It notes
that domestic work, which is a principal occupation among
women, is excluded from minimum wage laws.
208. The Committee expresses its concern about the high level
of deaths among expectant mothers referred to in the report.
In this regard, it regrets that the State party could not
provide information about the effect of the enforcement of
abortion laws on this high level of deaths.
218. The Committee recommends that all national legislation
on women be reviewed with a view to modernizing the outdated
legal standards currently in force to bring them into line
with the relevant provisions of the Covenant. The Committee
recommends in particular that the State party review its laws
on criminal offences committed against women and all labour
laws that discriminate against women and take the measures
necessary to overcome traditional attitudes concerning the
role of women in society. It further recommends that the State
party encourage the political participation of women in public,
particularly in political life, which remains low despite
the legal advances that have reduced restrictions in this
area.
219. The Committee requests the State party to provide information
in its next report about the incidence of illegal abortion,
the relationship between illegal abortions and the high incidence
of maternal mortality, and its implementation of Article 61
of the Constitution.
PERU
(2000)
Concluding observations by the Human Rights Committee:
Peru, 15/11/2000, CCPR/CO/70/PER.
20. It is a matter of concern that abortion continues to
be subject to criminal penalties, even when pregnancy is the
result of rape. Clandestine abortion continues to be the main
cause of maternal mortality in Peru. The Committee once again
states that these provisions are incompatible with articles
3, 6 and 7 of the Covenant and recommends that the legislation
should be amended to establish exceptions to the prohibition
and punishment of abortion.
21. The Committee is concerned about recent reports of forced
sterilizations, particularly of indigenous women in rural
areas and women from the most vulnerable social sectors. The
State party must take the necessary measures to ensure that
persons who undergo surgical contraception procedures are
fully informed and give their consent freely.
(1996)
Concluding Observations of the Human Rights
Committee: Peru, 18/11/96, CCPR/C/79/Add.72.
13. The Committee regrets the lack of full and precise information
on the legal status of women and on their enjoyment of the
rights enshrined in the Covenant, particularly as regards
their legal capacity, the frequency of violence and sexual
abuse against female detainees or prisoners, legal and practical
restrictions in the labour sphere and the impact of recent
laws and programmes designed to solve the problem of violence
against women.
14. The Committee expresses its concern about the existence
of a number of provisions of the Civil Code that discriminate
against women, such as the difference in the minimum age required
for matrimony and the fact that single mothers aged under
16 lack legal capacity to recognize their children. This gives
rise to problems of compatibility between Peruvian legislation
and articles 3, 23, 24 and 26 of the Covenant.
15. The Committee notes with concern that the law still contains
a provision exempting a rapist from punishment if he marries
his victim and another which classifies rape as an offence
prosecutable privately. The Committee is also concerned that
abortion gives rise to a criminal penalty even if a woman
is pregnant as a result of rape and that clandestine abortions
are the main cause of maternal mortality. These provisions
not only mean that women are subject to inhumane treatment
but are possibly incompatible with articles 3, 6 and 7 of
the Covenant.
16. The Committee notes with concern that when cases that
might lead to a divorce are heard (physical or mental ill-treatment,
serious injury and dishonourable conduct), the law instructs
judges to take into consideration the education, habits and
conduct of both spouses, a requirement that might easily lead
to discrimination against women from the lower socio-economic
strata.
22. The Committee recommends that the provisions of the Civil
and Penal Codes should be revised in the light of the obligations
laid down in the Covenant, and in particular in its articles
3 and 26. Peru must ensure that laws relating to rape, sexual
abuse and violence against women provide women with effective
protection and must take the necessary measures to ensure
that women do not risk their life because of the existence
of restrictive legal provisions on abortion.
25. The Committee hopes that, in its next periodic report,
Peru will include information on the progress made to extend
to women in Peru full enjoyment of the rights enshrined in
the Covenant, particularly in the spheres with which the Committee
is concerned (see paras. 13, 14, 15 and 16), together with
detailed information on how it is complying with the provisions
of article 10 of the Covenant.
PHILIPPINES (2003)
Concluding observations of the Human Rights Committee:
Philippines, 01/12/2003, CCPR/CO/79/PHL.
13. The Committee notes with concern numerous instances
of trafficking (art. 8) of women and children in the Philippines,
both within the country and across its borders. While noting
the importance of existing legislation (R.A. 9208) in this
domain, it is concerned that insufficient measures have been
taken actively to prevent trafficking and to provide assistance
and support to the victims. The State party should take appropriate
measures to combat trafficking in all its forms, by ensuring
effective enforcement of the relevant legislation and imposing
sanctions on those found responsible. The Committee encourages
the State party to ensure gender-specific training to sensitize
the officials involved with problems faced by victims of trafficking,
in accordance with articles 3, 8 and 26 of the Covenant.
14. The Committee is concerned that the law allowing for
warrant-less arrest is open to abuse, in that arrests in practice
do not always respect the statutory conditions that the person
arrested is actually committing a crime or that the arresting
officer has "personal" knowledge of facts indicating
that the person arrested committed the crime. The Committee
is also concerned that a vaguely worded anti-vagrancy law
is used to arrest persons without warrant, especially female
prostitutes and street children. The State party should ensure
that its laws and practices with regard to arrest are brought
into full conformity with article 9 of the Covenant.
17. The Committee is concerned that the measures of protection
of children are inadequate and the situation of large numbers
of children, particularly the most vulnerable, is deplorable.
While recognizing that certain legislation has been adopted
in this respect, many problems remain in practice, such as:
a) The absence of adequate legislation governing juvenile
justice and the deplorable situation of children in detention,
including those held without evidence for prolonged periods
of time;
b) Persistent reports of ill-treatment and abuse, including
sexual abuse, in situations of detention and children being
detained together with adults where conditions of detention
may amount to cruel, inhuman and degrading treatment (art.
7);
c) Street children vulnerable to extrajudicial executions
and various forms of abuse and exploitation;
d) Children as young as 13 allegedly being used by armed
groups without adequate measures of protection by the State
(art. 24);
e) Economic exploitation of children, in particular in the
informal sector.
The State party should:
a) Expedite the adoption of legislation governing juvenile
justice which complies with international standards of juvenile
justice in accordance with article 10, paragraph 3, of the
Covenant. The Committee recommends that training for professionals
in the area of administration of juvenile justice be enhanced
and that human and financial resources for effective implementation
of the new legislation be secured;
b) Devise programmes for street children which offer support
and assistance. Support to relevant non-governmental organizations
is encouraged in this respect;
c) Take all appropriate measures to ensure protection of
children who have been involved in armed conflict and provide
them with adequate assistance and counseling for their rehabilitation
and reintegration into society (art. 24); and
d) In relation to child labour, the State party should pay
particular attention to the situation concerning the monitoring
and effective implementation of labour standards for street
children and children working in the informal sector, as well
as those working in the Free Trade Zone.
18. While the Committee takes note of the constitutional
provisions guaranteeing equal treatment of all persons before
the law, the lack of legislation explicitly prohibiting racial
discrimination is a matter of concern (arts. 3 and 26). The
Committee urges the State party to take the necessary steps
to adopt legislation explicitly prohibiting discrimination,
in accordance with articles 3 and 26 of the Covenant. The
Committee notes that legislation related to sexual orientation
is currently being discussed in Congress and urges the State
party, in this context, to pursue its efforts to counter all
forms of discrimination. The State party is further invited
to strengthen human rights education to forestall manifestations
of intolerance and de facto discrimination.
POLAND
(2004)
Concluding observations of the Human Rights
Committee: Poland, 02/12/2004, CCPR/CO/82/POL.
5. The Committee notes with satisfaction improvements made
in the area of women's rights, in particular by the appointment
of a Government Plenipotentiary on the Equal Status of Women
and Men. It also welcomes the extension of the Plenipotentiary's
competence to issues relating not only to discrimination on
the basis of sex but also on grounds of race and ethnic origin,
religion and beliefs, age and sexual orientation.
8. The Committee reiterates its deep concern about restrictive
abortion laws in Poland, which may incite women to seek unsafe,
illegal abortions, with attendant risks to their life and
health. It is also concerned at the unavailability of abortion
in practice even when the law permits it, for example in cases
of pregnancy resulting from rape, and by the lack of information
on the use of the conscientious objection clause by medical
practitioners who refuse to carry out legal abortions. The
Committee further regrets the lack of information on the extent
of illegal abortions and their consequences for the women
concerned (art. 6).The State party should liberalize its legislation
and practice on abortion. It should provide further information
on the use of the conscientious objection clause by doctors,
and, so far as possible, on the number of illegal abortions
that take place in Poland. These recommendations should be
taken into account when the draft Law on Parental Awareness
is discussed in Parliament.
9. The Committee also reiterates its concern about family
planning regulations adopted by the State party. The high
cost of contraception, the reduction in the number of refundable
oral contraceptives, the lack of free family planning services
and the nature of sexual education are also of concern to
the Committee (art. 6).The State party should assure the availability
of contraceptives and free access to family planning services
and methods. The Ministry of Education should ensure that
schools include accurate and objective sexual education in
their curricula.
11. Notwithstanding a variety of programmes intended to deal
with domestic violence, the Committee regrets that the number
of cases of domestic violence remains high. It is also concerned
that measures such as restraining orders and temporary arrests
are not widely used, that appropriate protection is not afforded
to victims, that shelters do not exist in many places, and
that training for law enforcement officers is inadequate.
(arts. 3 and 7). The State party should ensure that law enforcement
officers are properly trained and that appropriate measures
to address domestic violence cases, including restraining
orders, are available as required. The State party should
also increase the number of shelters and other means of protection
for victims throughout the country.
17. While noting measures taken to improve the conditions
of the Roma community, the Committee is concerned that the
Roma continue to suffer prejudice and discrimination, in particular
with regard to access to health services, social assistance,
education and employment. It is also concerned that acts of
violence against members of the Roma community are not appropriately
investigated and sanctioned (arts. 2, 26 and 27). The State
party should intensify its efforts to prevent discrimination
against the Roma community and ensure their full enjoyment
of their Covenant rights. The police and judiciary should
be properly trained to investigate and sanction all acts of
discrimination and violence against the Roma.
18. The Committee is concerned that the right of sexual minorities
not to be discriminated against is not fully recognized, and
that discriminatory acts and attitudes against persons on
the ground of sexual orientation are not adequately investigated
and punished (art. 26). The State party should provide appropriate
training to law enforcement and judicial officials in order
to sensitize them to the rights of sexual minorities. Discrimination
on the ground of sexual orientation should be specifically
prohibited in Polish law.
(1999)
Concluding Observations of the Human Rights
Committee: Poland, 29/07/99, CCPR/C/79/Add.110.
10. The Committee reiterates its concern about the numerous
forms of discrimination against women, both in the Polish
society and in the national legal system. The Committee notes
with regret that the State party devoted very limited attention
to the issue of gender equality (art. 3) in its fourth periodic
report (para. 34), but welcomes the additional information
made available by the delegation.
11. The Committee notes with concern: (a) strict laws on
abortion which lead to high numbers of clandestine abortions
with attendant risks to life and health of women; (b) limited
accessibility for women to contraceptives due to high prices
and restricted access to suitable prescriptions; (c) the elimination
of sexual education from the school curriculum; and (d) the
insufficiency of public family planning programmes. (Arts.
3, 6, 9 and 26) The State party should introduce policies
and programmes promoting full and non-discriminatory access
to all methods of family planning and reintroduce sexual education
at public schools.
12. The Committee is also concerned about the lack of gender
equality (art. 3) in the employment sector. For example, the
State party's figures and other information now received show
(a) the continuing low numbers of women holding high technical,
managerial or political posts and relatively large numbers
occupying less well-rewarded positions; (b) average salaries
earned by women which amount to only 70 per cent of those
earned by men; (c) the lack of equal remuneration for women
for work of equal value; and (d) the continued tendency for
pregnancy testing by employers. Further measures should be
taken by the State party to counteract these forms of discrimination
against women and to promote their equality in political and
economic life.
23. The Committee regrets that the reference to sexual orientation
which had originally been contained in the non-discrimination
clause of the draft Constitution has been deleted from the
text, which could lead to violations of articles 17 and 26.
PORTUGAL (2003)
Concluding observations of the Human Rights
Committee: Portugal, 05/07/2003, CCPR/CO/78/PRT.
17. The Committee notes that an accessory penalty of expulsion
may not be imposed on a resident alien when the person concerned
was born and lives in Portugal, or exercises parental authority
over under-age children residing in Portugal, or has been
in Portugal since he/she was less than 10 years old. The Committee
is concerned, however, that those limitations may not protect
the family life in all cases and that non-resident aliens
do not benefit from such guarantees (articles 17 and 26 of
the Covenant). The State party should amend its legislation
in order to ensure that the family life of resident and non-resident
aliens sentenced to an accessory penalty of expulsion is fully
protected.
18. The Committee is concerned that lawyers and medical doctors
may be required to give evidence, despite their duty of confidentiality,
in cases which are described in very broad terms by the Code
of Criminal Procedure (article 17 of the Covenant). The State
party should amend its legislation so that it specifies the
precise circumstances in which limitations on the professional
privilege of lawyers and medical doctors are imposed.
20. The Committee is concerned that, despite extensive positive
measures adopted by the State party, the Roma continue to
suffer from prejudice and discrimination, particularly with
regard to access to housing, employment and social services,
and that the State party was unable to submit detailed information,
including statistical information, on the situation of these
communities as well as on the results achieved by the institutions
responsible for the advancement and welfare of the Roma (articles
26 and 27 of the Covenant):
(a) The State party should intensify its efforts to integrate
Roma communities in Portugal in a manner that is respectful
of their cultural identity, in particular through the adoption
of positive action with regard to housing, employment, education
and social services;
(b) The State party should submit detailed information to
the Committee about the situation and difficulties encountered
by the Roma people, as well as on the results achieved by
the High Commissioner for Immigration and Ethnic Minorities,
the Commission for Equality and against Racial Discrimination
and the Working Group for the Equality and Integration of
Roma. Information relating to complaints filed with those
institutions by members of ethnic minorities in Portugal and
their outcome should also be provided.
ROMANIA (1993)
Concluding Observations of the Human Rights Committee:
Romania, 05/11/93, CCPR/C/79/Add.30.
16. The Committee emphasizes the need for the Government
to take positive measures to strengthen the situation of women
and children, particularly with respect to participation in
public life, equal opportunities to employment and remuneration
and equal rights and responsibilities in the family. The Committee
also recommends that measures be taken to reduce infant mortality.
RUSSIAN FEDERATION
(2003)
Rights Committee: Russian Federation, 06/11/2003,
CCPR/CO/79/RUS.
9. The Committee reiterates its concern regarding persistent
inequality in the enjoyment of Covenant rights by women. In
particular, the Committee notes with concern the high level
of poverty among women, the prevalence of domestic violence
against women, and a marked difference in the wages of men
and women for equal work. The State party should ensure that
effective measures are taken to improve the situation of women
as to their full enjoyment of Covenant rights (article 3).
10. The Committee is concerned about the large number of
persons in the State party who are being trafficked for sexual
and labour exploitation, mainly to destinations outside the
borders of the State party. In this context, the Committee
notes that the State party has given increasing attention
to the problem in recent years. In particular, the Committee
notes that anti-trafficking legislation has been drafted and
that the State party is working towards the ratification of
relevant United Nations treaties in this field. The State
party should reinforce measures to prevent and combat trafficking
in women through, inter alia, enacting legislation penalizing
such practices and providing protection and support, including
rehabilitation programmes, for the victims (article 8).
13. The Committee remains deeply concerned about continuing
substantiated reports of human rights violations in the Chechen
Republic, including extrajudicial killings, disappearances
and torture, including rape. The Committee notes that some
54 police and military personnel have been prosecuted for
crimes committed against civilians in Chechnya, but remains
concerned that the charges and sentences handed down do not
appear to correspond with the gravity of the acts as human
rights violations. The Committee is also concerned that investigations
into a number of large-scale abuses and killings of civilians
in 1999 and 2000, in the locations of Alkhan Yurt, Novye Aldy
and Staropromyslovskii district of Grozny, have still not
been brought to a conclusion. The Committee acknowledges that
abuse of and violations against civilians also involve non-State
actors, but reiterates that this does not relieve the State
party of its obligations under the Covenant. In this regard,
the Committee is concerned about the provision in the Federal
Law "On Combating Terrorism" which exempts law enforcement
and military personnel from liability for harm caused during
counter-terrorist operations. The State party should ensure
that operations in Chechnya are carried out in compliance
with its international human rights obligations. The State
party should ensure that abuse and violations are not committed
with impunity de jure or de facto, including violations committed
by military and law enforcement personnel during counter-terrorist
operations. All cases of extrajudicial executions, enforced
disappearances and torture, including rape, should be investigated,
their perpetrators prosecuted and victims or their families
compensated (articles 2, 6, 7 and 9).
(1995)
Concluding Observations of the Human Rights
Committee: Russian Federation, 03/10/95, CCPR/C/79/Add.54.
14. The Committee is concerned that, despite guarantees of
equality in the Constitution and in labour legislation, the
de facto situation of women is one of continuing inequality.
The failure to ensure equal remuneration for work of comparable
worth and the persistence of attitudes and practices which
impose child-rearing and other domestic responsibilities entirely
on women contribute to this inequality and to discrimination
in the workplace. The Committee is especially alarmed at the
extent of rape and domestic violence and the inadequate efforts
made by the authorities to deal with this problem. It is also
alarmed at the high incidence of unemployment among women.
33. The Committee recommends that greater efforts be made
to collect information on the situation of women and the effects
on them of the structural political, economic and social changes
taking place. On this basis, the Government should initiate
or strengthen programmes aimed at providing assistance to
women in difficult circumstances, including unemployed women,
victims of domestic violence and victims of rape, with a view
to ensuring their equality before the law and the equal protection
of the law. In particular, it should consider allocating responsibility
for that purpose to an appropriate high-level governmental
body.
SENEGAL (1997)
Concluding Observations of the Human Rights Committee:
Senegal, 19/11/97, CCPR/C/79/Add 82.
12. The Committee regrets that certain traditional cultural
attitudes with respect to women are not compatible with their
dignity as human beings and continue to hamper their equal
enjoyment of rights embodied in the Covenant. The practice
of polygamy, which is incompatible with Articles 2(1), 3 and
26 of the Covenant, is of particular concern. The Committee
continues to be especially disturbed at the persistent custom
of female genital mutilation, which violates Articles 6 and
7 of the Covenant, and the high rate of maternal mortality
which results from that practice, from early child birth and
from the strict prohibition of abortion. It recommends that
judges and lawyers make use of ordinary criminal law provisions
to deal with instances of female genital mutilation until
a specific law for this offence, the adoption of which the
Committee strongly supports, is enacted. In this regard: The
Committee encourages the State party to launch a systematic
campaign to promote popular awareness of persistent negative
attitudes towards women and to protect them against all forms
of discrimination; it urges the State party to abolish practices
prejudicial to women's health and to reduce maternal mortality.
The Committee recommends that the State party indicate, in
its next periodic report, the outcome of proposals on the
matter of polygamy made by the Working Group on the National
Action Plan for Senegalese Women (1996-2000). In the light
of these concerns, the Committee further recommends that the
State party bring its legislation, including family and inheritance
laws, into conformity with Articles 2(1), 3, 6, 7, 23 and
26 of the Covenant.
13. Although the Penal Code provides legal redress for offences
such as assault, the Committee is concerned at the persistence
of violence against women, including spousal abuse. Therefore:
The Committee recommends that specific attention be given
in the law to the problem of domestic violence, and stresses
the need for information and education campaigns to prevent
and combat any form of physical violence against women.
SLOVAKIA (2003)
Concluding observations of the Human Rights Committee:
Slovakia, 22/08/2003, CCPR/CO/78/SVK.
4. The Committee welcomes progress made in various areas,
since the review of the first periodic report in 1997, and
in particular the continuing process of bringing the State
party's legislation into harmony with its international obligations.
This includes Constitutional Statute No. 90/2001, amending
and supplementing the Constitution of the Slovak Republic;
the amendment of the criminal code eliminating the crime of
defamation of the Republic and its representatives; the amendment
of the labour code to include non-discrimination principles,
including in the area of sexual orientation; and the amendments
to the Criminal Code to improve protection of the victim in
domestic violence cases.
8. The Committee observes that the proposed draft equal treatment
law has not been adopted. While noting the information provided
by the delegation that existing anti-discrimination laws enable
the addressing of possible instances of discrimination, the
Committee regrets that the delegation did not provide any
statistics on the number of complaints launched, the grounds
for the complaints, as well as the outcomes. The State party
should continue with further measures to ensure the effectiveness
of legislation against discrimination. It should also adopt
further legislation in fields not covered by the current legislation
in order to ensure full compliance with articles 2, 3 and
26 of the Covenant. The Committee urges the State party to
establish adequate monitoring and redress mechanisms which
provide ready access to individuals, in particular from vulnerable
groups.
9. The Committee is concerned at reports of high rates of
domestic violence and regrets that the statistics provided
by the State party were inconclusive. While noting some positive
steps taken by the State party in the area of legislation,
the Committee regrets that the adoption of the National Strategy
for the Prevention and Elimination of Violence Committed against
Women and in Families has been delayed (arts. 3, 9, 26). The
State party should adopt the necessary policy and legal framework
to combat domestic violence; specifically, it should provide
a framework for the protection of a spouse who is subjected
to violence or threats of violence. The Committee recommends
that the Government of Slovakia establish crisis centre hotlines
and victim support centres equipped with medical, psychological,
legal and emotional support; In order to raise public awareness,
it should disseminate information on this issue through the
media.
10. The Committee notes the efforts made by the State party
to address the situation regarding trafficking in women, in
particular by adopting a preventive strategy by providing
information to potential victims and through international
cooperation. However, the Committee notes that it has received
only limited statistical information from the State party.
It notes that trafficking is an international crime and therefore
not only concerns women trafficked out of Slovakia, but also
those being trafficked into Slovakia from neighbouring countries
(arts. 3, 8). The State party should strengthen programmes
aimed at providing assistance to women in difficult circumstances,
particularly those coming from other countries who are brought
into its territory for the purpose of prostitution. Measures
should be taken to prevent this form of trafficking and to
impose sanctions on those who exploit women in this way. Protection
should be extended to women who are the victims of this kind
of trafficking so that they may have a place of refuge and
an opportunity to give evidence against the persons responsible
in criminal or civil proceedings. The Committee encourages
Slovakia to continue its cooperative efforts with border states
to eliminate trafficking across national borders.
12. Despite the oral and written answers provided by the
delegation, the Committee remains concerned at reports of
forced or coerced sterilization of Roma women. In particular,
the Committee regrets that in its written answers submitted
after the oral consideration of the report, the State party
does not clearly deny or admit breaches of the principle of
full and informed consent but asserts that an investigation
related to maternity wards and gynecology departments of 12
hospitals did not result in findings of infringements of "medical
indication" of sterilization. The reference made, in
the same submission, to "the fact that not all administrative
acts were fulfilled in every case" appears to amount
to an implicit admission of breaches of the requirement of
informed consent (art. 7, 26). The State party should adopt
all necessary measures to investigate all alleged cases of
coerced or forced sterilization, publicize the findings, provide
effective remedies to victims and prevent any instances of
sterilization without full and informed consent.
16. The Committee is concerned about discrimination against
the Roma. The Committee notes that the delegation acknowledged
the problem and has stated that the situation of the Roma
is a short term and long term priority of the Government.
The Committee takes note of the measures aimed at ameliorating
the situation of Roma in various areas such as employment,
health care, housing and education. The Committee also welcomes
educational campaigns to reduce stereotypes amongst the general
public. However, the steps taken by the State party to improve
the socio-economic condition of the Roma and to change attitudes
of society vis-à-vis the Roma do not appear to be sufficient
to address the situation, and de facto discrimination persists
(arts. 2, 26). The State party should take all necessary measures
to eliminate discrimination against the Roma, and to enhance
the practical enjoyment of their rights under the Covenant.
The State party should also make greater efforts to provide
opportunities for Roma to use their language in official communications,
to provide readily accessible social services, to provide
training to Roma in order to equip them for employment, and
to create job opportunities for them. The Committee would
like to receive full details on policies adopted and their
results in practice.
18. The Committee notes the introduction of programmes such
as pre-school grades at elementary schools, the inclusion
of Romani language education, and positions of teacher's assistants
for Roma pupils. However, the Committee is concerned about
the grossly disproportionate number of Roma children assigned
to special schools designed for mentally disabled children,
which causes a discriminatory effect, in contravention of
article 26 of the Covenant. The State party should take immediate
and decisive steps to eradicate the segregation of Roma children
in its educational system by ensuring that any differentiation
within education is aimed at securing attendance in non-segregated
schools and classes. Where needed, the State party should
also provide special training to Roma children to secure,
through positive measures, their access to education without
segregation.
19. The Committee has taken note of the position of the delegation
as to the reasons for the lack of statistical data with regard
to the situation of Roma as well as women. However, the Committee
emphasizes the importance of data to assess the situation
in the State party and to address possible inequalities and
patterns of discrimination. Furthermore, the Committee is
concerned at the large discrepancy between official census
figures and data provided by NGOs as to the size of the Roma
population in the State party. Such underreporting may have
a significant impact on the position of Roma in public life,
including the exercise of certain rights, for instance under
the Minority Language Law (arts. 2, 3 and 26). While appreciating
the complex nature of gathering such data, the Committee urges
the State party to take steps to gather, through methods compatible
with principles of data protection, statistical data reflecting
the current size of the Roma population, as well as the position
of minorities and women in society, including in the workplace,
both in the public and the private sector.
SRI LANKA (2003)
Concluding observations of the Human Rights Committee:
Sri Lanka, 01/12/2003, CCPR/CO/79/LKA.
7. While taking note of the proposed constitutional reform
and the legislative review project currently being undertaken
by the National Human Rights Commission, the Committee remains
concerned that Sri Lanka's legal system still does not contain
provisions which cover all of the substantive rights set forth
in the Covenant, or all the necessary safeguards required
to prevent the restriction of Covenant rights beyond the limits
permissible under the Covenant. It regrets in particular that
the right to life is not expressly mentioned as a fundamental
right in chapter III of the Constitution of Sri Lanka, even
though the Supreme Court has, through judicial interpretation,
derived protection of the right to life from other provisions
of the Constitution. It is also concerned that contrary to
the principles enshrined in the Covenant (e.g. the principle
of non-discrimination), some Covenant rights are denied to
non-citizens without any justification. It remains concerned
about the provisions of article 16, paragraph 1. of the Constitution,
which permits existing laws to remain valid and operative
notwithstanding their incompatibility with the Constitution's
provisions relating to fundamental rights. There is no mechanism
to challenge legislation incompatible with the provisions
of the Covenant (arts. 2 and 26). It considers that a limitation
of one month to any challenges to the validity or legality
of any "administrative or executive action" jeopardizes
the enforcement of human rights, even though the Supreme Court
has found that the one-month rule does not apply if sufficiently
compelling circumstances exist. The State party should ensure
that its legislation gives full effect to the rights recognized
in the Covenant and that domestic law is harmonized with the
obligations undertaken under the Covenant.
12. The Committee is concerned that abortion remains a criminal
offence under Sri Lankan law, except where it is performed
to save the life of the mother. The Committee is also concerned
by the high number of abortions in unsafe conditions, imperilling
the life and health of the women concerned, in violation of
articles 6 and 7 of the Covenant. The State party should ensure
that women are not compelled to continue with pregnancies,
where this would be incompatible with obligations arising
under the Covenant (art. 7 and General Comment 28), and repeal
the provisions criminalizing abortion.
14. The Committee is concerned about recurrent allegations
of trafficking in the State party, especially of children
(art. 8). The State party should vigorously pursue its public
policy to combat trafficking in children for exploitative
employment and sexual exploitation, in particular through
the effective implementation of all the components of the
National Plan of Action adopted to give effect to this policy.
19. While commending the introduction since 1995 of legislation
designed to improve the condition of women, the Committee
remains concerned about the contradiction between constitutional
guarantees of fundamental rights and the continuing existence
of certain aspects of personal laws discriminating against
women, in regard to marriage, notable the age of marriage,
divorce and devolution of property (arts. 3, 23, 24 and 26).
The State party should complete the ongoing process of legislative
review and reform of all discriminatory laws, so as to bring
them into conformity with articles 3, 23, 24 and 26 of the
Covenant.
20. The Committee deplores the high incidence of violence
against women, including domestic violence. It regrets that
specific legislation to combat domestic violence still awaits
adoption and notes with concern that marital rape is criminalized
only in the case of judicial separation (art. 7). The State
party is urged to enact appropriate legislation in conformity
with the Covenant without delay. It should criminalize marital
rape in all circumstances. The State party is also urged to
initiate awareness-raising campaigns about violence against
women.
SUDAN (1997)
Concluding Observations of the Human Rights Committee:
Sudan, 19/11/97, CCPR/C/79/Add.85.
8. The imposition in the State party of the death penalty
for offences which cannot be characterized as the most serious,
including apostasy, committing a third homosexual act, illicit
sex, embezzlement by officials, and theft by force, is incompatible
with Article 6 of the Covenant. Moreover, some forms of execution
fail to comply with the prohibition against cruel, inhuman
or degrading treatment or punishment, especially for women,
contained in Article 7 of the Covenant. Therefore: The death
penalty, if used at all, should be applicable only to the
most serious crimes, in accordance with Article 6, and should
be repealed for all other crimes. Any imposition of the death
penalty should comply with the requirements of Article 7.
In its next report, the State party is asked to furnish information
on the number of executions which have taken place, the type
of offence for which the death penalty has been imposed, and
the manner in which the execution has been carried out.
10. The Committee is concerned about the high maternal mortality
rate in the Sudan, which may be the consequence of early marriage,
clandestine abortions and female genital mutilation. The Committee
is deeply concerned about the practice of female genital mutilation
in the Sudan, particularly because it is practised on female
minors, who may suffer the consequences throughout their lives.
This practice constitutes cruel, inhuman and degrading treatment
and violates Articles 7 and 24 of the Covenant. Therefore:
The State party should forbid, as a matter of law, the practice
of female genital mutilation, making it a discrete criminal
offence. Social and educational campaigns should be pursued
to eliminate the practice.
SURINAME (2004)
Concluding observations of the Human Rights
Committee: Suriname, 04/05/2004, CCPR/CO/80/SUR.
11. While the Committee notes that the State party is taking
measures to investigate and punish police officers involved
in incidents of ill-treatment of detainees, including beatings
and sexual abuse of detainees (especially during the initial
stages of detention), it remains concerned that such incidents
continue to be reported (arts. 7 and 10). Allegations of ill-treatment
in custody should be investigated by an independent mechanism,
and those held responsible should be prosecuted and receive
appropriate punishment. Victims of such treatment should receive
full reparation, including fair and adequate compensation.
Appropriate human rights training should continue to be given
to law enforcement personnel.
12. The Committee notes with concern the high incidence of
domestic violence and the absence of appropriate legislation
to protect women against such violence. It notes the delegation's
additional information that acts of domestic violence may
be prosecuted under alternative provisions of the Criminal
Code (arts. 3 and 7). The State party should take legal and
educational measures to combat domestic violence. It is invited
to educate the population at large about the need to respect
women's rights and dignity.
13. While the Committee has noted the efforts made by the
State party to deal with the situation regarding trafficking
in women, in particular through legislation and international
cooperation, it remains concerned about the slow progress
in implementing those policies (arts. 3 and 8).
18. The Committee is concerned that the current Asian Marriage
Act provides for "arranged marriages" and sets the
minimum age for marriage at 13 years for female and 15 years
for male citizens of Asian descent. These ages are incompatible
with articles 3 and 26 and article 24, paragraph 1, of the
Covenant. Marriage at such a young age, and in particular
arranged marriages, is also incompatible with article 23 of
the Covenant, which stipulates that no marriage shall be entered
into without the free and full consent of the intending spouses.
While the State party submits that citizens of non-Asian descent
also may marry under this Act, it has not responded to the
Committee's request for statistics on how many non-Asians
have actually done so (arts. 23 and 24). The State party should
take steps to change the current marriage legislation and
to bring it into conformity with the Covenant.
19. While noting the State party's effort to establish a
"nucleus centre" to provide schooling in the interior
of the country, the Committee remains concerned at reports
indicating that as few as 40 per cent of children living in
the interior of the country attend primary school, thus depriving
many children of the possibility of attending school on an
equal footing with children in other parts of the country
(art. 26). The State party should ensure that all children
are afforded equal opportunities for access to schooling,
and that school fees do not prevent them from receiving primary
education.
20. While the Committee welcomes the State party's Gender
Policy Programme, including a timetable for reviewing several
provisions in domestic laws that are discriminatory against
women, it remains concerned that discriminatory legislation
in relation to gender still exists, including in the Personnel
Act, the Identity Act, the Nationality and Residence Act and
the Elections Act (arts. 3 and 26). The State party is invited
to eliminate any existing legislation that discriminates in
relation to gender.
21. The Committee is concerned at the lack of legal recognition
and guarantees for the protection of indigenous and tribal
rights to land and other resources. It regrets that logging
and mining concessions in many instances were granted without
consulting or even informing indigenous and tribal groups,
in particular the Maroon and Amerindian communities. It also
notes allegations that mercury has been released into the
environment in the vicinity of such communities, which continues
to threaten the life, health and environment of indigenous
and tribal peoples. The latter are also said to be victims
of discrimination in employment and education, and generally
with respect to their participation in other areas of life
(arts. 26 and 27). The State party should guarantee to members
of indigenous communities the full enjoyment of all the rights
recognized by article 27 of the Covenant, and adopt specific
legislation for this purpose. A mechanism to allow for indigenous
and tribal peoples to be consulted and to participate in decisions
that affect them should be established. The State party should
take the necessary steps to prevent mercury poisoning of waters,
and thereby of inhabitants, in the interior of the State party's
territory.
SWEDEN
(2002)
Concluding observations of the Human Rights
Committee: Sweden, 24/04/2002, CCPR/CO/74/SWE.
7. The Committee notes with concern the persistence of domestic
violence despite legislation adopted by the State party (arts.
3 and 7 of the Covenant). The State party should pursue its
policy against domestic violence and, in this framework, should
take more effective measures to prevent it and assist the
victims of such violence.
8. The Committee notes with concern cases of female genital
mutilation and "honour crimes" involving girls and
women of foreign extraction (arts. 3, 6 and 7 of the Covenant).
The State party should continue its efforts to prevent and
eradicate such practices. In particular, it should ensure
that offenders are prosecuted, while promoting a human rights
culture in the society at large, especially among the most
vulnerable sectors of immigrant communities.
9. The Committee expresses its concern at the recognition
of early marriage involving girls of non-Swedish nationality
who are resident in Sweden (arts. 3 and 26 of the Covenant).
The State party should take vigorous measures to provide better
protection for minors in the matter of marriage and eliminate
all forms of discrimination among them.
(1995)
Concluding observations of the Human rights
Committee: Sweden, 09/11/95, CCPR/C/79/Add.58.
13. The Committee notes that there remain areas where women
are subject to de facto discrimination, in particular with
regard to equality of remuneration. The Committee notes with
concern that in certain areas, in particular in public offices,
the situation of women with regard to equal remuneration for
work of equal value has significantly deteriorated recently.
22. The Committee encourages the Government to continue its
efforts to ensure that the principle of equal pay for equal
work is effectively implemented.
SWITZERLAND (2001)
Concluding observations of the Human Rights Committee:
Switzerland, 12/11/2001, CCPR/CO/73/CH.
15. The Committee is concerned at the consequences of distinctions
made in various pieces of legislation between citizens and
non-citizens, the latter forming a considerable segment of
the workforce. In particular, aliens without working papers
run the risk of becoming victims of exploitation and abuse.
Another vulnerable category of persons are foreign spouses
of foreigners with residence permits, who are subject to deportation
in the event of discontinuation of de facto cohabitation and,
hence, may be forced to live in abusive relationships. The
State party should review its policies in relation to distinctions
between citizens and aliens and between different categories
of aliens, in particular in respect of those who do not have
papers and spouses of foreigners with residence permits, in
order to ensure that the rights of such persons under the
Covenant are respected and ensured (articles 2, 3, 9, 12,
17 and 23).
SYRIAN ARAB REPUBLIC (2001)
Concluding observations of the Human Rights Committee:
Syrian Arab Republic. 24/04/2001. CCPR/CO/71/SYR.
18. The Committee notes that, notwithstanding the provisions
of article 25 of the Constitution and the explanations given
by the delegation in this regard, problems remain with respect
to gender equality in the Syrian Arab Republic. In the Committee's
view, the Personal Status Act No. 34 of 1975 contains provisions
which are not compatible with articles 2, paragraph 1, 3 and
26, of the Covenant. The Committee notes, in particular, that
the provisions on the rights and obligations of spouses during
marriage and upon its dissolution include discriminatory elements.
The Committee recalls its General Comment No. 28 on equality
of rights between men and women, and urgently calls upon the
State party to take all necessary measures to make its legislation
consistent with articles 2, paragraph 1, 3 and 26, of the
Covenant.
20. The minimum marriageable age is 17 years for girls and
18 for boys. The fact that the minimum age can be reduced
by a judge to 15 years for boys and 13 for girls with the
father's consent poses a problem with regard to the State
party's obligation, under article 24, paragraph 1, to protect
minors. Marriage at such a young age hardly seems compatible
with article 23 of the Covenant, whereby no marriage shall
be entered into without the free and full consent of the intending
spouses. The State party should amend its legislation to bring
it into line with the provisions of articles 3, 23 and 24
of the Covenant.
TANZANIA (UNITED REPUBLIC OF) (1998)
Concluding Observations of the Human Rights Committee:
United Republic of Tanzania, 18/08/98, CCPR/C/79/Add.97.
11. The Committee appreciates recent changes in the law so
as to criminalize rape between separated spouses and the practice
of female genital mutilation, as well as the power of a court
to hear sexual abuse cases in private; however, it is concerned
that traditional customs inhibit complaints on these matters,
and that marital rape as such is not recognized as a criminal
offence. The Committee recommends that information be promulgated
about these remedies and that the State party take action
to support women who are entitled to take advantage of them
(arts. 3 and 26).
15. The Committee deplores the law in force in Zanzibar which
allows for the imprisonment of both mother and father in the
event of an unmarried woman becoming pregnant. In the Committee's
view, this carries risks to the right to life (art. 6) (through
resort to illegal abortion) and to the rights of the child
(arts. 23 and 24) if born in such circumstances. It recommends
the abolition of this law in Zanzibar and, noting in this
connection that illegal abortion is a major cause of maternal
mortality, that a national review be carried out on the restrictions
on abortions (arts. 3, 6 and 26).
20. The Committee notes that it is accepted that prison
conditions have deteriorated; there is reported overcrowding,
rape and other sexual abuse of female prisoners, and a failure
to comply with minimum standards. It recommends that resources
be made available to remedy this situation and that training
in human rights be given to prison officers, a sufficient
number of female officers be recruited to ensure that only
such officers are in charge of female prisoners. It also urges
that alternatives to a sentence of imprisonment be made more
widely available to the courts and that the judiciary be encouraged
to use these alternatives, in appropriate cases, when passing
sentence (art. 10).
THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA (1998)
Concluding Observations of the Human Rights Committee:
The Former Yugoslav Republic of Macedonia, 18/08/98, CCPR/C/79/Add.96.
14. While noting that marital rape has been considered a
crime since 1996, the Committee regrets that domestic violence
against women is reported to be widespread. It recommends
that concerted action be undertaken by all public authorities
to reduce the incidence of domestic violence and to strengthen
the remedies which are open to women who are subjected to
it.
TOGO (2002)
Concluding observations of the Human Rights Committee:
Togo, 11/28/2002, CCPR/CO/76/TGO.
5. The Committee welcomes the adoption on 17 November 1998
of an Act prohibiting female genital mutilation. The Committee
takes note of the State party's commitment to pursue its efforts
in that regard.
6. The Committee notes with concern that the process of bringing
domestic laws, many of which predate the 1992 Constitution,
into line with the provisions of the Constitution and international
human rights instruments is at a standstill. Proposals drawn
up with the help of the Office of the High Commissioner for
Human Rights during the 1990s have not been followed up. The
Committee is also concerned at the fact that many proposed
reforms dealing in particular with the rights of children
and women, some of them announced several years ago, have
still not been enacted. The State party should revise its
legislation so as to bring it into line with the provisions
of the Covenant.
21. The Committee notes with great concern that the Individuals
and Family Code, which has been under review since 1999, still
contains provisions that discriminate against women, particularly
with respect to the minimum age for marriage, the choice of
the matrimonial home and freedom to work; that it authorizes
polygamy and designates the husband as head of the family;
and that it upholds the primacy of particularly discriminatory
customary laws relating to marriage and succession. The State
party should bring the Individuals and Family Code into line
with articles 3, 23 and 26 of the Covenant and bear in mind,
in this regard, the concerns expressed by non governmental
organizations active in the field of women's rights.
22. The Committee is worried about continuing discrimination
against women and girls with respect to access to education,
employment, inheritance and political representation in Togo.
Moreover, as the State party itself has acknowledged, certain
cultural practices, as well as women's unawareness of their
rights, give rise to many violations of women's rights. The
State party should eliminate all forms of discrimination against
women, increase its efforts to educate girls and make the
population more aware of women's rights, and carry out new
programmes with a view to giving women access to employment
and political posts.
TRINIDAD AND TOBAGO (2000)
Concluding observations of the Human Rights Committee:
Trinidad and Tobago, 03/11/2000, CCPR/CO/70/TTO.
11. The Committee urges that priority be given to all necessary
preparations, so as to bring into force by proclamation at
the earliest possible date the Equal Opportunities Act 2000
particularly in respect to the advancement of women. The State
party should, thereafter, introduce amending legislation to
extend the provisions of the Act to those suffering discrimination
on grounds of age, sexual orientation, pregnancy or infection
with HIV/AIDS.
12. In relation to sexual harassment in the workplace, the
Committee notes the judicial decision in Bank Employees'
Union v. Republic Banks Ltd, Trade Dispute 17 of 1995,
where it was held that a person had been properly dismissed
from his employment where his conduct, on the facts of the
case, was properly classified as sexual harassment. The adequacy
of judicial remedy should be kept under review and legislation
passed if necessary.
13. The Committee is disturbed to learn that apart from prohibiting
corporal punishment for persons under 18 years of age, the
State party is still practising the punishments of flogging
and whipping which are cruel and inhuman punishments prohibited
by article 7. Sentences of flogging or whipping should immediately
be abolished.
18. The Committee recommends that legal limitations on abortion
be reappraised and that restrictions which may risk violation
of women's rights be removed from the law, by legislation
if necessary (arts. 3, 6.1 and 7).
UGANDA (2004)
Concluding observations of the Human Rights Committee:
Uganda, 04/05/2004, CCPR/CO/80/UGA.
9. The Committee notes with concern the continued existence
of customs and traditions in the State party that affect the
principle of equality of men and women and that may impede
the full implementation of many provisions of the Covenant.
In particular, the Committee deplores the fact that polygamy
is still recognized by law in Uganda; in this context, it
refers to its general comment No. 28, which states that polygamy
is incompatible with equality of treatment with regard to
the right to marry. The provisions in the proposed Domestic
Relations Bill which would discourage the practice of polygamy
are not sufficient (arts. 3 and 26). The State party should
take legislative measures to outlaw polygamy in addition to
strengthening its ongoing awareness-raising campaigns.
10. The Committee takes note that the State party has acknowledged
the persistence of female genital mutilation in some areas
of the country, despite article 33, paragraph 6, of the Constitution
which prohibits cultures, customs and traditions which are
against the dignity, welfare or interest of women. The Committee
regrets that the State party has not taken all the necessary
measures to eradicate this practice (arts. 3, 7 and 26). The
State party should take appropriate measures, as a matter
of priority, to outlaw and penalize female genital mutilation
and to effectively eradicate it in practice.
11. The Committee is concerned about the persistence of
domestic violence and the lack of investigation, prosecution
and punishment of perpetrators (arts. 3, 7 and 26). The State
party should adopt effective measures to prevent domestic
violence, punish offenders and provide material and psychological
relief to the victims. It should also train law enforcement
officials, in particular police officers, to deal with cases
of domestic violence.
14. While the Committee takes note of the measures taken
by the State party to deal with the widespread problem of
HIV/AIDS, it remains concerned about the effectiveness of
these measures and the extent to which they guarantee access
to medical services, including antiretroviral treatment, to
persons infected with HIV (art. 6). The State party is urged
to adopt comprehensive measures to allow a greater number
of persons suffering from HIV/AIDS to obtain adequate antiretroviral
treatment.
20. The Committee has observed with concern the forced employment
of children in activities harmful to their health and well-being,
as well as the ineffectiveness of the measures adopted to
deal with this problem (arts. 8 and 24). The State party should
adopt measures to avoid the exploitation of child labour and
to ensure that children enjoy special protection, in accordance
with article 24 of the Covenant. It should also provide for
effective sanctions against those involved in such practices.
23. The Committee is concerned at the practice of early and
forced marriage in the State party, despite the minimum age
for marriage of 18 years (art. 23). The State party should
take effective steps to do away with this practice and to
sanction those involved in its occurrence.
UKRAINE (2001)
Concluding observations of the Human Rights Committee:
Ukraine, 12/11/2001, CCPR/CO/73/UKR.
10. The Committee notes with concern that domestic violence
against women remains a problem in Ukraine. The State party
should take positive measures, including through enactment
and implementation of adequate legislation and training of
police officers and sensitization of the population, to protect
women from domestic violence.
18. The Committee remains concerned about the continuation
of practices involving the trafficking of women in Ukraine.
The State party should take measures to combat this practice,
including the prosecution and punishment of those found responsible,
and give full effect to the provisions of article 8 of the
Covenant.
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
(2001)
Concluding Observations of the Human Rights Committee
: United Kingdom of Great Britain and Northern Ireland. 06/12/2001.
CCPR/CO/73/UK;CCPR/CO/73/UKOT.
Falkland Islands/Malvinas
29. The Committee welcomes the enactment of the Race Relations
Ordinance 1994 (adopting the provisions of the Race Relations
Act 1974 (UK)) and the Sex Discrimination Act 1998, aimed
at eliminating discrimination on the grounds of race and sex.
30. The Committee is concerned that, while "seek[ing]
to remove any avoidable discrimination against, or stigma
attaching to, children born outside of marriage", the
Family Law Reform Ordinance does not abolish the status of
illegitimacy. The Committee also considers that the absence
of any right of compensation, in the circumstances of article
14, paragraph 6, of the Covenant, violates that provision.
The State party should amend these aspects of its law to bring
them into line with its obligations under article 24, taken
together with article 26, and under article 14 of the Covenant.
(2000)
Concluding Observations of the Human Rights
Committee: United Kingdom of Great Britain and Northern Ireland
- Dependent Territories, 27/03/2000, CCPR/C/79/Add.119.
14. The Committee recommends that measures be taken to remove
and prohibit any discrimination on grounds of sexual orientation.
(Articles 17 and 26).
16. The Committee notes that consideration has been given
in Jersey to amend the Separation and Maintenance Orders (Jersey)
Law 1953, and recommends that all three jurisdictions introduce
legislation and other effective measures to prohibit discrimination
between women and men. (Articles 3 and 26)
18. The Committee recommends that the authorities complete
the current process of enacting legislation outlawing all
racial discrimination. In accordance with article 26, the
authorities should also promulgate legislation which prohibits
any discrimination and guarantees to all persons equal and
effective protection against discrimination on any ground
such as race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth
or other status.
UNITED STATES OF AMERICA (1995)
Concluding Observations of the Human Rights Committee:
United States of America, 03/10/95, CCPR/C/79/Add.50; A/50/40,
paras. 266-304.
285. The Committee is concerned about conditions of detention
of persons deprived of liberty in federal or state prisons,
particularly with regard to planned measures which would lead
to further overcrowding of detention centres. The Committee
is also concerned at the practice which allows male prison
officers access in women's detention centres and which has
led to serious allegations of sexual abuse of women and the
invasion of their privacy. The Committee is particularly concerned
at the conditions of detention in certain maximum security
prisons, which are incompatible with Article 10 of the Covenant
and run counter to the United Nations Standard Minimum Rules
for the Treatment of Prisoners and the Code of Conduct for
Law Enforcement Officials.
287. The Committee is concerned at the serious infringement
of private life in some states which classify as a criminal
offence sexual relations between adult consenting partners
of the same sex carried out in private, and the consequences
thereof for their enjoyment of other human rights without
discrimination.
299. The Committee expresses the hope that measures be adopted
to bring conditions of detention of persons deprived of liberty
in federal or state prisons in full conformity with Article
10 of the Covenant. Legislative, prosecutorial and judicial
policy in sentencing must take into account that overcrowding
in prisons causes violation of Article 10 of the Covenant.
Existing legislation that allows male officers access to women's
quarters should be amended so as to provide at least that
they will always be accompanied by women officers. Conditions
of detention in prisons, in particular in maximum security
prisons, should be scrutinized with a view to guaranteeing
that persons deprived of their liberty be treated with humanity
and with respect for the inherent dignity of the human person,
and implementing the United Nations Standard Minimum Rules
for the Treatment of Prisoners and the Code of Conduct for
Law Enforcement Officials therein. Appropriate measures should
be adopted to provide speedy and effective remedies to compensate
persons who have been subjected to unlawful or arbitrary arrests
as provided in Article 9, paragraph 5, of the Covenant.
URUGUAY (1998)
Concluding Observations of the Human Rights Committee:
Uruguay, 04/08/98, CCPR/C/79/Add.90.
The Committee is concerned about Articles 89 and 90 of the
Code which provide that the marriage to the accused of a victim
of rape -even statutory rape-, and of other criminal offences,
extinguishes the criminal offence or the sentence handed down
at the trial, to the benefit of a perpetrator who has subsequently
married the victim, and particularly of all other participants
in the offence.
UZBEKISTAN (2001)
Concluding observations of the Human Rights Committee:
Uzbekistan, 26/04/2001, CCPR/CO/71/UZB.
19. The Committee expresses grave concern about the prevalence
of violence against women, including domestic violence. The
State party should take effective measures to combat violence
against women, including marital rape, and ensure that violence
against women constitutes an offence punishable under criminal
law. The State party should also organize awareness campaigns
to address all forms of violence against women, including
domestic violence, in order to comply fully with articles
3, 6, 7 and 26 of the Covenant.
20. The Committee is concerned that the traditional attitudes
to women, whereby a woman's role continues to be seen by the
State primarily as that of wife and mother, exclusively responsible
for children and the family, make the establishment of equality
for women very difficult. The Committee is also concerned
about the limited contribution by women to civil society (articles
3 and 26 of the Covenant). The State party should take measures
to overcome traditional attitudes regarding the role of women
in society. It should take steps to increase the number of
women in decision-making bodies at all levels and in all areas.
It should also organize special training programmes for women
and regular awareness campaigns in this regard.
VENEZUELA (2001)
Concluding observations by the Human Rights Committee:
Venezuela, 26/04/2001, CCPR/CO/71/VEN.
16. The Committee is deeply concerned by the information
on trafficking in women to Venezuela, especially from neighbouring
countries, and by the lack of information from the delegation
on the extent of the problem and action to combat it. Preventive
measures should be taken to eliminate the trafficking in women
in order to comply with the provisions of articles 7 and 8
of the Covenant and set up rehabilitation programmes for the
victims. The laws and policies of the State party should provide
protection and support for the victims.
17. The Committee is concerned about the level of violence
against women, including the many reported cases of kidnapping
and murder that have not resulted in arrests or prosecution
of those responsible. It is also concerned at the many allegations
of rape or torture of women in custody by members of the security
forces, offences such women do not dare to report. All the
foregoing gives rise to serious concerns in the light of articles
6 and 7 of the Covenant. The State party should take effective
measures to guarantee women's safety, ensure that no pressure
is put on them to dissuade them from reporting such violations,
that all allegations of abuses are investigated and that those
committing such acts are brought to justice.
18. The minimum marriageable age, 14 for girls and 16 for
boys, and the fact that such age may be lowered without any
limits for girls in case of pregnancy or childbirth, raises
problems with respect to the fulfilment by the State party
of its obligation under article 24, paragraph 1, to protect
minors. Marriage at such an early age does not appear to be
compatible with article 23 of the Covenant, which requires
the free and full consent of the intending spouses. The Committee
is also concerned at the early age of sexual consent (12 )
for girls. The State party should amend the relevant law to
bring it into line with articles 23, 24 and 3 of the Covenant.
19. The criminalization of all non-therapeutic abortion poses
serious problems, particularly in the light of unchallenged
reports that many women are undergoing life-threatening illegal
abortions. The legal duty imposed on health workers to report
cases where women have undergone abortions may deter women
from seeking medical treatment, thereby endangering their
lives. The State party must adopt the necessary measures to
guarantee the right to life (article 6) for pregnant women
who decide to terminate their pregnancies, including amending
the law to create exceptions to the general prohibition of
all non-therapeutic abortion. The State party should protect
the confidential nature of medical information.
20. The Committee is concerned about the continued existence
of a legal provision exempting a rapist from any penalty if
he marries the victim. The State party should immediately
repeal this legislation, which is incompatible with articles
3, 7, 23, 26, 2 (3) and 24 of the Covenant, particularly taking
into account the early age at which girls can enter into marriage.
22. With a view to complying with its obligations arising
from articles 2, 3 and 26 of the Covenant, the Committee urges
the State party to amend all laws that still discriminate
against women, including those relating to adultery and the
ban on marriage for 10 months following the dissolution of
a previous marriage.
24. The Committee deplores the continually worsening situation
of street children. Those children are at high risk of sexual
violence and are vulnerable to sexual trafficking. The State
party should take effective measures for the protection and
rehabilitation of street children, pursuant to article 24
of the Covenant, including measures to end sexual exploitation
and child pornography.
VIET NAM (2002)
Concluding observations of the Human Rights Committee:
Viet Nam, 26/07/2002, CCPR/CO/75/VNM.
14. The Committee is concerned that the State party asserts
that domestic violence against women is a new phenomenon and
that, although some efforts have been made, there is no comprehensive
approach to preventing and eliminating it and punishing the
perpetrator (arts. 3, 7, 9 and 26). The State party should
assess the impact of measures already taken to address the
incidence of domestic violence against women. It should strengthen
and improve the effectiveness of legislation, policies and
programmes aimed at combating such violence. The State party
should further implement training and sensitization programmes
for the judiciary, law enforcement officials and members of
the legal profession, as well as awareness-raising measures,
to ensure zero tolerance in society of violence against women.
15. The Committee is concerned that the State party has not
undertaken adequate measures to help women prevent unwanted
pregnancies and to ensure that they do not undergo life-threatening
abortions (art. 6). The State party should take adequate measures
to help women prevent unwanted pregnancies and avoid resorting
to life-threatening abortions, and adopt appropriate family
planning programmes to this effect.
YEMEN
(2002)
Concluding observations of the Human Rights Committee:
Yemen, 26/07/2002, CCPR/CO/75/YEM.
6. The Committee notes with concern the continued practice
of female genital mutilation (arts. 3, 6 and 7 of the Covenant).
It notes also with concern the persistence of domestic violence,
despite legislation adopted by the State party (arts. 3 and
7 of the Covenant). The State party must pursue its efforts
to eradicate such practices. It should in particular ensure
that proceedings are instituted against the perpetrators and
promote a human rights culture within society, along with
greater awareness of the rights of women, and especially the
right to physical integrity. The State party must take more
efficient measures to prevent domestic violence, to penalize
it and provide assistance to the victims.
7. The Committee notes with concern the situation of discrimination
against women in matters of personal status, more particularly
in marriage and divorce as well as the rights and duties of
spouses. The State party should review its legislation to
ensure that, in all fields in the life of society, women enjoy
complete equality with men, both in law and in fact, so as
to comply with its obligations under the Covenant (arts. 3,
7, 8, 17 and 26 of the Covenant).
8. The Committee notes with concern that married women may
not, at least by law, leave their home without the authorization
of their husbands (arts. 3, 12 and 26 of the Covenant). The
State party should take appropriate measures to eliminate
this practice and ensure, in law and in practice, that women's
rights under articles 3, 12 and 26 of the Covenant are observed.
9. The Committee notes the persistence of the practice of
polygamy which is an affront to the dignity of the human person
and is discriminatory under the Covenant (arts. 3 and 26 of
the Covenant). The State party is strongly encouraged to abolish
polygamy and to socially combat such a practice through efficient
measures.
10. The Committee expresses its concern with the practice
of marriage of very young girls, and with the inequality in
the age of marriage between men and women (arts 3 and 26 of
the Covenant). The State Party should ensure protection of
girls against very early marriage, and the elimination of
discrimination against women regarding the marriage age.
11. The Committee notes the discriminatory situation that
affects women in the acquisition and transmission of nationality
(arts. 3 and 26 of the Covenant). The State party must eliminate
from its legislation all discrimination between men and women
with regard to the acquisition and transmission of nationality.
23. In accordance with article 70, paragraph 5, of the Committee's
rules of procedure, the State party should within one year
provide information on the implementation of the Committee's
recommendations in paragraphs 6 to 13 concerning the status
of women and in paragraph 15 on the number of persons sentenced
to death and executed since the year 2000. The Committee requests
the State party to provide in its next report, which it is
scheduled to submit by 1 August 2004, information on the other
recommendations made and on the Covenant as a whole.
(1995)
Concluding Observations of the Human Rights
Committee: Yemen, 03/10/95, CCPR/C/79/Add. 51; A/50/40, paras.
242-265.
255. The Committee notes with concern reports of female genital
mutilation, which appears to be a common practice in some
parts of the country. It also notes with concern that the
provisions of the Personal Status Act No. 20 of 1992, particularly
Articles 40 and 41, establish unequal obligations of wives
and husbands where wives are relegated to an inferior position.
The Committee is concerned that the requirements of this Act,
particularly that wives must obey their husbands' orders and
may not leave their homes except in limited situations, contradict
Articles 3 and 23 of the Covenant. The Committee further regrets
that the laws of Yemen contain no specific provisions for
dealing with domestic violence.
261. The Committee recommends that the State party review
its laws and make appropriate amendments to ensure full legal
and de facto equality for women in all aspects of society,
particularly in the laws governing the status of women, women's
rights and obligations in marriage. The Committee further
recommends that the Government conduct a study on the practice
of female genital mutilation within its territory and formulate
specific plans to eradicate this practice.
YUGOSLAVIA (1992)
Concluding Observations of the Human Rights Committee:
Yugoslavia, 28/12/92, CCPR/C/79/Add.16.
5. Various concordant sources of information - Mr. T. Mazowiecki,
Special Rapporteur of the Commission on Human Rights, Rapporteurs
of the Conference on Security and Cooperation in Europe and
non-governmental organizations -describe mass arrests, summary
and arbitrary executions, enforced or involuntary disappearances,
torture, rapes and looting committed by Serbian nationalists
both in Croatia (Krajina) and in Bosnia and Herzegovina. It
is reported that some 20 camps are controlled by these armed
men and that they are holding thousands of civilians, women,
children and elderly people in conditions unworthy of the
respect due to the human person. Massive violence has been
unleashed, inter alia, against Dubrovnik and Vukovar
and is still being directed against Sarajevo. The Committee
observed that the means deployed and the interests involved
demonstrated the existence of links between the nationalists
and Serbia which invalidated the Federal Government's claim
to be exempt from responsibility.
7. The Committee strongly deplored this situation and regretted
the refusal of the Federal Government to acknowledge its responsibility
for such acts on the grounds that they were committed outside
its territory.
ZAMBIA (1996)
Concluding Observations of the Human Rights Committee:
Zambia, 03/04/96, CCPR/C/79/Add.62
9. The Committee expresses its concern over the situation
of women who, despite some advances, continue to be de
jure and de facto the object of discrimination, particularly
as regards education, access to work and participation in
the conduct of public affairs. The application of customary
laws in matters of personal status, marriage, divorce and
inheritance rights reinforces outdated attitudes concerning
the role and status of women. The Committee also regrets the
lack of measures to adequately address problems raised with
regard to violence against women and the high maternal mortality
resulting from abortion.
17. The Committee is also concerned that no measures are
taken that pregnancy or parenthood do not affect the continuous
education of children.
21. The Committee recommends that the State party review
its laws and make appropriate amendments, including the abrogation
of subsections 23 (4) (c) and (d) of the Constitution, to
ensure full legal and de facto equality for women in all aspects
of social and economic relationships and, particularly in
the laws governing the status of women, women's rights and
obligations in marriage. It emphasizes the need for the authorities
to increase efforts to prevent and eliminate persisting discriminatory
attitudes and prejudices against women. Comprehensive anti-discriminatory
laws covering both the private and the public spheres should
be introduced as well as, where appropriate, affirmative action
measures.
ZIMBABWE (1998)
Concluding Observations of the Human Rights Committee:
Zimbabwe, 04/08/98, CCPR/C/79/Add.89.
12. The Committee is concerned about the duality of the legal
statutory law and customary law), which potentially leads
to unequal treatment between individuals, particularly in
the area of marriage and inheritance laws. The Committee expresses
concern that where customary law contravenes the Covenant
or the statutory law, the customary law continues to be upheld
and applied. The Committee is concerned about continued practices,
in violation of various provisions of the Covenant, including
Articles 3 and 24, such as kuzvarita (pledging of
girls for economic gain), kuripa ngozi (appeasement
to the spirits of a murdered person), lobola (bride
price), female genital mutilation, early marriage, the statutory
difference in the minimum age of girls and boys for marriage.
The Committee recommends that these and other practices which
are incompatible with the Covenant (Articles 3, 7, 23, 24
and others) be prohibited by legislation. Moreover, the Committee
urges the Government to adopt adequate measures to prevent
and eliminate prevailing social attitudes and cultural and
religious practices hampering the realization of human rights
by women.
14. The Committee is concerned about the extent and persistence
of domestic violence against women. Legislation should be
passed and make marital rape a criminal offence. Educational
campaigns should be undertaken and institutional mechanisms
should be established to address all forms of violence against
women, and to provide assistance to victims of violence.
15. The Committee is concerned about the subordinate status
of women in Zimbabwean society. Measures should be taken,
in accordance with Articles 3 and 26 of the Covenant, to eliminate
discrimination against them and promote their role in society.
There should be mechanisms to receive complaints, award appropriate
remedies and report publicly on problems and progress.
24. The Committee notes with concern that homosexuals are
subjected to discrimination, e.g. that aliens deemed to be
homosexuals may be defined as "Prohibited Persons"
for immigration purposes and are subject to deportation. The
Committee recommends that such legislation be brought into
conformity with the Covenant.
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