The Application of Human Rights to Reproductive & Sexual Health

Concluding Observations of the Committee on Economic, Social, and Cultural Rights

ALGERIA
(2001)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Algeria, 30/11/2001, E/C.12/1/Add.71.

14. The Committee is deeply concerned about the persisting discrimination in the political, social and economic spheres of life against women in Algerian society, and women's inferior position under the Family Code of the State party, already referred to in its concluding observations on the initial report of Algeria. In this regard, the Committee expresses its serious concern about the considerable divergence existing in the State party between constitutional provisions, on the one hand, and national legislation and practice, on the other, particularly with regard to a number of discriminatory provisions of the Family Code, including provisions on polygamy, unilateral repudiation by the husband, the requirement of a guardian's consent for marriage, the obligation of the wife to obey her husband, gender discrimination with regard to inheritance, as well as the husband's absolute right to keep the conjugal home in the case of divorce.

17. The Committee notes with concern the extent of violence in the family, of which women are the principal victims, and the insufficient attention that is devoted by the authorities to this problem in terms either of prevention or of punishment.

20. The Committee notes with concern the steady decline in State expenditure on the health care system, as well as the plan confirmed by the delegation to eliminate subsidies for medicines. The Committee regrets that it did not receive sufficient information on measures taken by the State party to ensure access to health services.

21. The Committee expresses its concern about the ineffectiveness of programmes to reduce the maternal and infant mortality rate in the State party.

22. With regard to education, the Committee is deeply concerned about the high drop-out rates, which was acknowledged by the delegation during the dialogue with the Committee.

23. The Committee notes with concern the data in the Human Development Report 2001 that indicates a significant decrease in public spending on health and education in the 1990s, as a percentage of both GNP and GDP, and relative to military expenditure, which more than doubled as a percentage of GDP.

29. The Committee urges the State party to undertake a radical reform of the Family Code in order to give full recognition to the equal rights of women, to conduct an information campaign on gender equality and to introduce gender mainstreaming into all its legislation in accordance with the provisions of the Covenant.

36. The Committee invites the State party to provide information, in its next periodic report, on the privatization of the health system, the cost of medication after the implementation of the plan to eliminate subsidies for medicines and the measures the State party is taking to combat the negative effects of these changes on the health of disadvantaged and marginalized groups.

37. The Committee urges the State party to take all necessary measures in order to lower maternal and infant mortality rates and to ensure that all forms of health services are available to women and men, especially in rural areas, in particular reproductive health services.

39. The Committee urges the State party to ensure that its laws, regulations and practices in relation to HIV/AIDS are non-discriminatory and are in conformity with the International Guidelines adopted at the Second International Consultation on HIV/AIDS and Human Rights in September 1996 (United Nations publication, Sales No. E.98.XIV.1).

40. The Committee recommends that the State party increase its expenditures for health and education and requests the State party to provide the Committee in its third periodic report with comparative statistical data on these indicators over a period of time.

41. The Committee urges the State party to take all appropriate measures in order to address the problems relating to the high drop-out rates in the country's school system, as well as the relatively low enrolment rate in secondary schools.

42. The State party is urged to pursue the development and adoption of a comprehensive national plan for Education for All, as anticipated in paragraph 16 of the Dakar Framework for Action. When formulating and implementing its plan, the State party should take into account the Committee's General Comments No. 11 and No. 13 and establish an effective monitoring system for the plan. The State party is also encouraged to seek technical advice and assistance from the United Nations Educational, Scientific and Cultural Organization in relation to both the formulation and implementation of its plan.

(1995)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Algeria, 28/12/95, E/C.12/1995/17.

21. The Committee is concerned to note the high mortality rate among young girls in the 1-10 age group, which, as is acknowledged by the Government, is due to the fact that better care is provided for boys.

26. The Committee also requests the Government to take all necessary measures to ensure that girls are fully able to exercise their right to education and to mental and physical health. Such measures should be accompanied by the setting up of a data collection system enabling their impact to be assessed.

ARGENTINA (1999)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Argentina, 08/12/99, E/C.12/1/Add.38.

23. The Committee is concerned that the right to health is not being fully implemented in the State party. In particular, it is concerned about the conditions in public hospitals in general and with psychiatric hospitals in particular.

24. The Committee is concerned about the health of pregnant women, in particular the relatively high maternal mortality rate, and the high adolescent pregnancy figures.

25. The Committee also notes with concern the increasing incidence of violence against women, in particular domestic violence.

38. The Committee urges the State party to review its policies on health, and in particular that it pay attention to the issues of mental health, maternal mortality, adolescent pregnancies and HIV/AIDS, and that it provide the Committee with comprehensive statistics in its next periodic report.

39. The Committee urges the State party to intensify its efforts to combat the problem of violence against women, in particular domestic violence.

ARMENIA (1999)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Armenia, 08/12/99, E/C.12/1/Add.39.

13. The Committee regrets the lack of statistics with regard to the implementation of the rights to food, housing, health and education, as a result of which they could not be evaluated sufficiently by the Committee.

14. The Committee regrets that the information provided by the Government of Armenia has not been sufficient to clarify why there has been a general deterioration in the health of the Armenian people, especially among the women, why budgetary allocations for health have been decreasing, and the causes and consequences of a high occurrence of cancers and cardiovascular diseases.

15. In addition, the Committee is alarmed by the fact that abortion remains the most commonly used means of family planning in the country owing, in particular, to inadequate education and the high cost of contraceptives.

17. The Committee recommends that the Government of Armenia provide more specific and detailed data which are up to date and, where necessary, disaggregated by gender, relating to the rights set forth in the Covenant. The Committee requests the Government to provide the data specifically requested on housing, food, health and education within six months after the adoption of the present concluding observations.

19. The Committee recommends that family planning programmes be set up for women, in particular to decrease the incidence of abortion, along with programmes for the prevention and treatment of cancer. Furthermore, the Committee requests the Government to take measures which will promote employment for women and their greater participation in public life.

23. The Committee would also like to draw the attention of the Government of Armenia to the need to include in their forthcoming periodic report the necessary supporting statistical data on the evolution of the economy, personal incomes, and the state of nutrition, housing, health and education in the country.

AZERBAIJAN
(2004)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Azerbaijan, 14/12/2004, E/C.12/1/Add.104.

8. The Committee welcomes the adoption of the law on the rights of the child and the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182) of the International Labour Organization.

16. While welcoming the measures taken by the State party to promote equality between men and women, including the establishment of the State Committee on Women's Affairs and the adoption of the National Plan of Action on women's issues, the Committee is concerned about the persistent gender inequalities in Azerbaijan, particularly in the field of employment.

17. While acknowledging the efforts made by the State party to reduce unemployment, including the adoption in 2004 of the Programme for Social and Economic Development of Regions of Azerbaijan for 2004 2008, the Committee is concerned about the persistently high unemployment in the State party, in particular among women, youths, refugees and internally displaced persons.

23. The Committee expresses serious concern at the lack of legal or policy mechanisms in the State party which specifically address domestic violence, in particular, violence against women. The Committee regrets that insufficient information was provided by the State party in its second periodic report and during the dialogue in this regard.

24. While welcoming the adoption in May 2004 of the National Plan to fight trafficking in human beings and the establishment of the Department to Fight Trafficking in Human Beings under the Ministry of the Interior, the Committee remains concerned that trafficking in persons persists in Azerbaijan and notes that the State party is a country of origin and destination as well as a transit point for trafficking in persons. The Committee is also concerned at the lack of reliable information, including statistics, on the extent of the problem. In this connection, the Committee notes with regret that there is no legislation in the State party that specifically criminalizes trafficking in persons.

29. While welcoming the extensive efforts made by the State party in the area of health, including measures to address the significant regional and urban disparities in health care provision, the Committee remains concerned that the annual per capita spending on public health has been on the decline in recent years despite the rise in GDP. The Committee is concerned about the high incidence of malnutrition, infant mortality, iron deficiency disorders and malaria, especially among refugees and internally displaced persons. The Committee regrets that reliable statistical data in the field of health were not provided by the State party.

30. The Committee remains concerned about the low level of awareness of the general public in Azerbaijan of sexual and reproductive health issues, in particular with regard to the availability and use of contraceptives. The Committee is particularly concerned that a high proportion of women resort to abortion as the principal method of birth control, and about the high infant and maternal mortality rates. The Committee also regrets that no comprehensive sexual and reproductive health programme exists in the State party. The Committee is particularly concerned that the incidence of sexually transmitted diseases and HIV/AIDS is on the increase.

31. While welcoming the information provided by the State party's delegation that prison medical doctors are now under the supervision of the Ministry of Justice and that cases of human rights violation can be immediately brought to the attention of the Office of the Commissioner for Human Rights, the Committee is concerned about overcrowding and sub standard conditions in prisons in Azerbaijan which have given rise to a disproportionately high rate of tuberculosis and other health problems among prisoners.

40. The Committee encourages the State party to submit in its next periodic report annually collected comparative statistical data, disaggregated by sex, age and urban/rural residence, paying particular attention to the disadvantaged and marginalized groups of society.

42. The Committee calls upon the State party to adopt all effective measures to ensure equality between men and women in all fields of life, as provided for in articles 2, paragraph 2, and 3 of the Covenant, and to provide information in the next periodic report on the progress made in the field of gender equality, including detailed information on the implementation of the National Plan of Action on women's issues.

49. The Committee requests the State party to provide in its next periodic report detailed information on the extent of domestic violence, in particular, violence against women, and the legislative measures and policies adopted by the State party to address that phenomenon, including facilities and remedies provided for victims. The Committee urges that training be provided to law enforcement officials and judges on the serious and criminal nature of domestic violence, in particular, violence against women. The Committee further recommends that the State party allocate resources to ensure that crisis centres are available where victims of domestic violence can obtain safe lodging and necessary assistance.

50. The Committee urges the State party to adopt legislation specifically criminalizing the trafficking of human beings and allocate sufficient resources for the effective implementation of the National Plan to Fight Trafficking in Human Beings, and to ensure that necessary protection and assistance are provided to victims of trafficking.

55. The Committee urges the State party to continue its efforts to improve its health services, inter alia through the allocation of adequate and increased resources. The Committee requests the State party to include information in its next periodic report on how the recently adopted health laws and policies have been implemented and on the progress made. The Committee encourages the State party to submit in its next periodic report annually collected comparative statistical data, disaggregated by sex, age and urban/rural residence, paying particular attention to marginalized and disadvantaged groups.

56. The Committee recommends that the State party conduct a study on the incidence of sexually transmitted diseases and HIV/AIDS in Azerbaijan and develop a comprehensive sexual and reproductive health programme, including a public awareness raising campaign about safe contraceptive methods. The Committee also urges the State party to take measures to reduce the maternal and infant mortality rates and to ensure that abortions are carried out under adequate medical and sanitary conditions. In accordance with its General Comment No. 14 (2000) on the right to the highest attainable standards of health, the Committee also recommends that the State party take urgent measures to combat the spread of HIV/AIDS.

57. The Committee recommends that the State party continue to take measures to improve the sanitary and hygienic conditions in prisons and to ensure that the right to mental and physical health of all prisoners in Azerbaijan is respected, in accordance with article 12 of the Covenant.

(1997)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Azerbaijan, 22/12/97, E/C.12/1/Add.20.

18. While it welcomes the statements made by the delegation that women enjoy equality of status with men, the Committee reaffirms the need for objective disaggregated data to assess the situation of women with respect to all the rights provided for in the Covenant. Data that are indicative of the status of women, in addition to the information presented orally during the dialogue, would include health care, professional opportunities and measured income differentials between women and men.

36. The Committee recommends that effective control be placed on inter-State adoption of children with a view to preventing sexual and other forms of exploitation. The Government should ensure that all women receive adequate medical care during pregnancy and childbirth. The Committee requests detailed information on the effect on women of the proposed three-tier fee system.

37. The Committee recommends that the Government address as a matter of utmost urgency the basic needs of the population, including safe drinking water, food, affordable housing and health care. The Committee requests detailed information on measures being taken or envisaged for the protection of vulnerable groups, including especially children who do not have a family, single parents, the unemployed, and women who are victims of crimes of violence.

BELARUS (1996)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Belarus, 06/12/96, E/C.12/1/Add.7/Rev.1.

18. The Committee expresses its preoccupation at the fact that the report contains no information on treatment of persons infected with HIV/AIDS. The delegation's assurance that there exists sexual counselling for men as well as for pregnant women does not eliminate the Committee's concern that such services are inadequate.

24. The Committee notes the need for the State party to respond to the challenge of HIV/AIDS with adequate new legislative and social measures. In this connection, it would be appropriate if the Government would coordinate with the relevant departments of the World Health Organization and UNAIDS. The Committee requests the Government to provide it, in its fourth periodic report, with relevant statistics and information on concrete measures undertaken in that respect since the consideration of the present report.

BELGIUM
(2000)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Belgium, 01/12/2000, E/C.12/1/Add.54.

13. The Committee is also concerned about the phenomena of paedophilia, prostitution of children, child pornography and violence against children.

25. The Committee urges the State party to take effective measures to combat paedophilia, child prostitution, child pornography and violence against children, and to seek international cooperation in this regard.

(1994)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Belgium, 31/05/94, E/C.12/1994/7.

5. The Committee commends also the State party on its comprehensive health insurance system which could be considered as a model to follow by other countries. It notes with particular satisfaction that, since 1990, maternity insurance has constituted a specific branch of social security in Belgium and that maternity allowance no longer constitutes an obstacle to the hiring of women workers.

10. In addition, the Committee notes with concern that the most vulnerable groups of society in Belgium are not always adequately protected. In this regard, it is particularly concerned at the reductions made in 1993 with regard to subsidies and certain social benefits, such as some categories of reimbursable medicines. The Committee regrets that this negative trend is developing in Belgium as well as in other European countries.

BENIN (2002)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Benin, 05/06/2002, E/C.12/1/Add.78.

8. The Committee notes that the prevalence of certain traditions, customs and cultural practices, including those set down in the 1931 Dahomey Code of Customary Law, leads to substantial discrimination against women and girls and prevents them from fully exercising their rights under the Covenant.

11. The Committee is concerned that, although the 1990 Constitution says that men and women have equal rights (art. 26), women continue to face widespread discrimination, especially where access to employment, land and credit and inheritance rights are concerned.

12. The Committee deplores the inadequate action taken by the State party to combat the persistent practice of female genital mutilation, generally of young women and girls.

13. The Committee deplores the State party's lack of progress in countering practices - in particular, polygamy and the early and forced marriage of girls - which prevent women and girls from exercising the rights which the Covenant accords them.

18. The Committee is deeply concerned at the practice of vidomégon - the placement of children in domestic service in families where they all too often suffer abuse, violence and exploitation. It is also very concerned about the trafficking in children, both within the country and with other States in the region.

19. The Committee is concerned at the large numbers of children who work, and as a result have no access to education.

23. The Committee is concerned at the inadequate health services and the lack of awareness-raising concerning sexual and reproductive health, as a result of which infant and maternal mortality have not been reduced. It is also concerned at the large number of illegal abortions, which are the principal reason for the high maternal mortality rate in the State party.

24. The Committee is concerned at the lack of hospitals and health clinics and at the growing number of unqualified personnel in the health sector, especially in the rural areas.

25. The Committee is concerned at the persistently high illiteracy rate in the State party, which is higher among women than men. It also notes with concern the cultural preference given in educational matters to male children, as can be seen in the markedly higher primary school enrolment rates for boys than for girls.

26. The Committee is concerned at the fact that primary education is not free of charge and that parents pay direct and indirect school fees.

30. The Committee requests the State party to take more energetic and realistic steps to counter inequality between the sexes and discrimination against women in the State party, both in law and in practice. It urges the State party to adopt swiftly the Family Code that has been under discussion in Parliament since 1995.

31. The Committee enjoins the Government to redouble its efforts to end the practice of genital mutilation, in particular by passing a law that makes the practice a punishable offence, by establishing mechanisms for the protection of women and through programmes of education and financial support for practitioners of excision who cease their activities. The State party is invited to indicate in its second periodic report what progress it has made in this area.

32. The Committee enjoins the State party to ban customary practices that violate women's rights and to take energetic action to combat such practices and beliefs by all available means, including educational programmes involving traditional chiefs. The State party should concentrate more on eradicating the practice of polygamy and forced marriages.

37. The Committee invites the Government to take all effective legislative, economic and social measures to end the practice of vidomégon and to conduct campaigns to alert families, in particular in the poorest parts of the country, to the issue. It urges the State party to step up its efforts to combat trafficking in children, by passing legislation and by entering into agreements with the countries that receive such children.

42. The Committee urges the State party to improve its health services and undertake programmes on sexual and reproductive education. The Committee invites the State party to address the problem of illegal abortions as a matter of priority.

43. The Committee recommends the State party to establish a global health policy enabling the poorest sectors to have access to free, high-quality primary health care.

44. The Committee recommends the State party to step up efforts to provide girls and boys with equal access to education. It urges the State party to take effective measures to improve the literacy rate, particularly of women.

45. The Committee recommends the State party to undertake, by all available means including technical cooperation, the progressive introduction of free primary education. The Committee appeals to the State party to abide by the provisions of article 14 of the Covenant and to adopt, within two years, a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all.

46. The Committee urges the State party to get down to the formulation and adoption of a wide-ranging plan of national education for all, as called for in paragraph 16 of the Dakar Framework for Action. It is invited to take account, in formulating and carrying out that plan, of the Committee's General Comments Nos. 11 and 13, and to institute an effective follow-up system. It is invited to seek advice and technical assistance from the United Nations Educational, Scientific and Cultural Organization in formulating and carrying out its plan.

BOLIVIA (2001)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Bolivia, 21/05/2001, E/C.12/1/Add.60.

14. The Committee is particularly concerned about the marginalization of, and discrimination against, indigenous communities in Bolivia, who constitute the majority of Bolivia's rural population and who suffer from inadequate access to basic education, adequate housing, and health services. Moreover, the Committee is concerned that the State party does not acknowledge the economic, social and cultural rights of indigenous populations as a distinct group.

15. Notwithstanding the impressive number of legal instruments and policies adopted by the State party to ensure gender equality, the Committee expresses its concern about the de facto inequality between men and women, which is exacerbated by the perpetuation of traditional prejudices and social conditions, such as discrimination in education of the girl child in rural areas. Such discrimination is particularly reflected in the low level of representation of women in public service, the high female illiteracy rate, unequal wages for work of equal value, and the high proportion of women working under inadequate conditions in the informal sector or as domestic workers.

22. The Committee is disturbed about the situation of children subjected to physical and mental abuse, as well as the extent of child malnutrition in Bolivia.

23. The Committee is concerned about the current status of reproductive health rights of women, and in particular the high rate of maternal mortality - the highest in Latin America -which is attributed to illegal abortions and to the absence of medical assistance during childbirth.

37. The Committee urges the State party to combat violence against women by initiating a campaign with a view to combatting negative traditional practices and prejudices and their effects and consequences. In this regard, the Committee also calls on the State party to ensure adequate financial and human resources for the implementation of the National Plan for the Prevention, Punishment and Eradication of Violence against Women. The Committee requests the State party to provide, in its second periodic report, detailed information and up-to-date statistics on the phenomenon of violence against women in Bolivia, as well as results of the measures taken to combat this serious problem.

42. The Committee urges the State party to address the problems and shortcomings facing children and affecting their welfare, beginning with the varied types of child exploitation such as the trafficking of children, their sexual exploitation and domestic maltreatment. The Committee urges the State party to provide the necessary financial resources needed for children's education and the eradication of child malnutrition.

43. The Committee calls upon the State party to take measures to reduce the female mortality rate, and in particular to bring about a reduction of deaths caused by illegal abortion and unassisted childbirth. In particular, the Committee recommends that the State party intensify the implementation of its National Sexual and Reproductive Health Programme, organize educational campaigns regarding women's sexual and reproductive health, and include such subjects in school curricula.

BRAZIL (2003)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Brazil, 23/05/2003, E/C.12/1/Add.87.

5. The Committee welcomes the adoption of the new Civil Code in 2002 which replaced the one of 1916 and established the principle of equality between men and women.

7. The Committee welcomes the new programmes adopted by the State party to combat discrimination, including the establishment of a National Council on the Rights of Women, a National Council to Combat Discrimination and affirmative action programmes for Afro-Brazilians, in particular women.

10. The Committee takes note with appreciation of the efforts made by the State party since 1996 to reduce the mortality rate from HIV/AIDS by 50 per cent.

11. The Committee notes with appreciation constitutional amendment No. 14 (adopted on 12 September 1996) which established the National Fund for Primary Education Development and Enhancing the Value of the Teaching Profession (FUNDEF), reorganized the primary education system and earmarked more resources for education.

12. The Committee welcomes the creation within the State party of independent special rapporteurs responsible for monitoring economic, social and cultural rights, particularly the rights to food, to health and to education.

22. The Committee is concerned about the widespread discrimination against women, in particular in their access to the labour market, to equal pay for work of equal value and to adequate representation at all levels of decision-making bodies of the State party.

27. The Committee notes with concern the high rate of maternal mortality from illegal abortions, particularly in the northern regions where women have insufficient access to health care facilities. The Committee is also concerned about the persistence of forced sterilization.

28. The Committee is concerned that some articles of the Penal Code discriminate against women. In particular, it is concerned that article 215 of the Code requires the victim of a minor sexual assault to be an "honest woman" in order to prosecute the offence.

29. The Committee notes with concern that sexual and domestic violence are widespread and not being sufficiently denounced in Brazil.

30. The Committee is deeply concerned about the high incidence of trafficking in women for the purpose of sexual exploitation.

37. The Committee notes with concern the living conditions of prisoners and detainees in the State party, especially with regard to provision of and access to health care facilities, adequate food and safe drinking water.

38. Although the State party has reduced HIV/AIDS-related mortality, the Committee is concerned that, despite these efforts, there has been a significant increase in cases among women and children.

39. The Committee is concerned about the high rate of illiteracy in Brazil which, according to the State party's report, was 13.3 per cent in 1999, reflecting the social and economic inequalities still prevalent in the country.

44. The Committee urges the State party to take all effective measures to prohibit discrimination on the basis of race, colour, ethnic origin or sex in all fields of economic, social and cultural life. It further recommends that the State party undertake urgent measures to ensure equal opportunity for Afro-Brazilians, indigenous peoples and minority groups such as Gypsies and the Quilombo communities, especially in the fields of employment, health and education. The Committee also requests the State party to include in its second periodic report detailed and comprehensive information, including comparative and disaggregated statistical data, on these matters.

45. The Committee urges the State party to adopt all effective measures to ensure equality between men and women as provided for in articles 2 (2) and 3 of the Covenant. The Committee also requests the State party to adopt in its relevant policies the principle of equal pay for work of equal value as provided for in the Covenant, to reduce the wage gap between men and women, and to provide detailed information on these matters in its second periodic report.

51. The Committee requests the State party to undertake legislative and other measures, including a review of its present legislation, to protect women from the effects of clandestine and unsafe abortion and to ensure that women do not resort to such harmful procedures. The Committee requests the State party to provide in its next periodic report detailed information, based on comparative data, about maternal mortality and abortion in Brazil.

52. The Committee calls upon the State party to repeal all discriminatory provisions contained in the Penal Code, in particular article 215.

53. The Committee calls upon the State party to take all effective measures, including the enforcement of existing legislation and the extension of national awareness campaigns, to eliminate all forms of violence against women. The Committee also recommends that the State party ensure that the police are trained to handle violence against women in addition to the "delegacias da mulher" in all parts of the country.

54. The Committee recommends the adoption by the State party of specific anti-trafficking in persons legislation and to ensure its effective implementation.

62. The Committee urges the State party to continue its prevention and care efforts in the field of health by providing sexual and reproductive health services to the population, with particular emphasis on those for women, young people and children.

63. The Committee requests the State party to adopt effective measures to combat illiteracy and to provide, in its next periodic report, information on the measures undertaken and on the results obtained. The Committee also requests the State party to include disaggregated and comparative statistics in its periodic report.

BULGARIA (1999)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Bulgaria, 08/12/99, E/C.12/1/Add.37.

15. The Committee regrets that there is no legal prohibition of dismissal from employment on grounds of pregnancy.

30. The Committee recommends that the State party prohibit dismissal on the grounds of pregnancy.

31. The Committee requests the State party to provide information, in its fourth periodic report, on the phenomena of child labour, street children and domestic violence against women.

CAMEROON (1999)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Cameroon, 08/12/99, E/C.12/1/Add.40.

13. The Committee is deeply concerned that the Government of Cameroon has not yet embarked on the necessary law reform to repeal laws which maintain the unequal legal status of women, particularly in aspects of the Civil Code and the Commercial Code relating to, inter alia, the right to own property and the laws regarding credit and bankruptcy, which restrict women's access to the means of production. They are in flagrant violation of the non-discrimination and equal treatment provisions of the Covenant and are inconsistent with the recently amended Constitution of Cameroon which upholds the equal rights of all citizens of Cameroon.

14. The Committee deplores the lack of progress made by the Government in combating the continuing discriminatory practices against women and girls which impede the enjoyment of their rights under the Covenant. Such practices include polygamy, the forced early marriage of girls and discriminatory laws which prevent women from inheriting land.

15. The Committee deplores the inadequacy of measures taken by the Government to combat, especially by means of educational programmes, the enduring practice of female genital mutilation, which is generally practised on young women and girls in the far north and south-west provinces of Cameroon.

16. The Committee deplores the lack of measures taken to eliminate domestic violence against women, which is still regarded as culturally acceptable by certain sectors of society.

25. The Committee is concerned about the inadequacy of family planning policies and programmes in Cameroon, which have failed to reduce infant and maternal mortality. The Committee is also concerned about the high level of clandestine abortion in Cameroon, which is in part responsible for the high maternal mortality rate.

26. The Committee notes with regret the statement by the State party in its written replies that medical facilities for all sections of the population remain inadequate and unequally distributed. The Committee also regrets that the replies provided by the State party have not clarified the situation with regard to the provision of health services in Cameroon.

27. The Committee notes with deep concern that there is no legislation in Cameroon which provides for free primary education. The Committee regrets the requirement of a parental contribution in the form of compulsory fees levied by primary schools which, in view of high levels of poverty, greatly restrict access to primary education, particularly for girls.

32. The Committee calls upon the State party to take more active and positive steps to address the inequality of and discriminations against women in Cameroon, in law and fact. In particular, the Committee urges the State party to repeal all provisions of the Civil and Commercial Codes which discriminate against women.

33. The Committee urges the Government to prohibit customary practices which violate the rights of women and to take active measures to combat such practices and beliefs by all means, including educational programmes. Government action should focus, in particular, on the elimination of the practices of polygamy, forced marriages and female genital mutilation, and the bias in favour of the education of boys. The State party is requested to report on the progress achieved in this regard in its second periodic report.

34. The Committee calls upon the State party to introduce specific legislation and policies to prohibit domestic violence and sexual harassment in the workplace, with a view to strengthening the protection of women.

42. In its second periodic report, the Committee would appreciate more concrete information concerning medical services and the problems facing vulnerable groups with regard to access to medical services, especially in rural areas. The Committee would also like more information on the effectiveness of the national pharmaceutical policy in providing high-quality generic medications to all sectors of society.

44. In its second periodic report, the State party is requested to provide specific and detailed information on the enjoyment by women of the rights provided for in the Covenant.

45. The Committee urges the State party to review its policies on health in order to address, in particular, maternal mortality, adolescent pregnancies and the HIV/AIDS epidemic. In this respect, the Committee also urges the Government to review its family planning policies with a view to increasing access to information concerning contraceptives through educational programmes.

CANADA (1993)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Canada, 10/06/93, E/C.12/1993/5.

9. The Committee notes with satisfaction that Canadians as a whole enjoy a high standard of health care, with a health care system which is based on universality and accessibility. The Committee notes that infant mortality rates among Canadians have declined, particularly among aboriginal Canadians, a group which previously had extremely high infant mortality rates.

CHILE (2004)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Chile, 26/11/2004, E/C.12/1/Add.105.

4. The Committee notes with appreciation the improvements in various social indicators, such as the significant decrease in infant and maternal mortality, the improved coverage in primary and secondary education, and the progress made in the area of poverty reduction.

8. The Committee welcomes the entry into force in November 2004 of the new Law on Civil Marriage, which legalizes divorce.

9. The Committee welcomes the adoption in January 2004 of the Law on Crimes of Commercial Sexual Exploitation.

10. The Committee welcomes the extensive information on the health care situation provided by the State party, which includes disaggregated data on an annual basis, thus enabling the Committee to assess the level of realization of the right to health.

15. The Committee is concerned that despite the efforts made by the State party to promote gender equality, cultural gender stereotypes continue to negatively affect the equal enjoyment of economic, social and cultural rights by men and women.

21. The Committee is concerned that the legislative progress started 10 years ago to include sexual harassment as a specific punishable offence has still not been completed.

23. The Committee is concerned about the high number of children working in the sex industry in the State party.

26. The Committee is concerned about the consequences for women's health of the legal prohibition on abortion, without exceptions, in the State party. While there are no official statistics on the number of abortions performed annually, the large number of women who are hospitalized for abortion complications every year (34,479 in 2001) gives an indication of the extent of this problem.

27. The Committee is concerned that, despite the progress made in controlling the spread of HIV/AIDS infections in the State party, HIV/AIDS is still on the increase. It also notes with concern the high rates of sexually transmitted infections (STIs) among young women.

34. The Committee recommends that the State party fully take into consideration the recommendations made by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people (E/CN.4/2004/80/Add.3) on the implementation of the New Deal Policy 2004 2010, namely that the Land Fund be substantially increased; that efforts to recover indigenous lands be strengthened, especially in Mapuche areas; and conditions of rural indigenous people be improved, especially in the health and educational sectors.

36. The Committee recommends that the State party further strengthen efforts to promote gender equality in all spheres of society, including by providing the National Women's Service (SERNAM) with adequate support and resources.

44. The Committee encourages the State party to expedite the adoption of the proposed amendments to Act No. 19.325 on domestic violence currently under consideration.

45. The Committee recommends that the State party accelerate the adoption of the draft bill making sexual harassment a punishable offence.

47. The Committee recommends that the State party strengthen measures to combat sexual abuse and commercial sexual exploitation of children and provide victims of such abuse with adequate care.

49. The Committee encourages the State party to ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Air and Sea, supplementing the United Nations Convention against Transnational Organized Crime.

53. The Committee recommends that the State party revise its legislation and decriminalize abortion in cases of therapeutic abortions and when the pregnancy is the result of rape or incest.

54. The Committee recommends that the State party strengthen measures to promote education programmes on sexual and reproductive health and to raise awareness about and access to safe contraception methods. It also recommends that the State party intensify its efforts, including through public information campaigns, to control the spread of STIs.

55. The Committee recommends that the State party intensify its efforts, including through public information campaigns, to control the spread of HIV/AIDS and other STIs, and provide, in its next periodic report, information on the effect of measures taken, including the effects of television and media campaigns, as well as the role played by the civil society and by religious groups in this respect.

56. The Committee recommends that the State party review its proposed legislation on the reduction in the parental medical leave benefit system, with a view to ensuring that it will not represent a retrogressive measure affecting the minimum standards of the right to health, as outlined in the Committee's General Comment No. 14.

57. The Committee recommends that the State party ensure that women in the reproductive age are not discriminated against in the private health care system.

60. The Committee encourages the State party to provide greater access to generic medicine making use of the flexibility clauses permitted in the World Trade Organization Agreement on Trade related Aspects of Intellectual Property Rights (the TRIPS Agreement).

CHINA (2001)

Concluding observations of the Committee on Economic, Social and Cultural Rights: China (Hong Kong), 21/05/2001, E/C.12/1/Add.58.

Hong Kong Special Administrative Region

15. The Committee regrets that HKSAR has not implemented a number of the recommendations in its concluding observations of 1996, despite the delegation's assurance that these must be given effect. The Committee wishes to reiterate in particular its concern on the following issues:

(g) The lack of a comprehensive policy for the protection of children from all forms of abuse.

23. The Committee expresses its concern about the reported increase in the incidence of child abuse and suicide among the youth.

31. The Committee also urges HKSAR to prohibit discrimination on the basis of sexual orientation and age.

33. The Committee urges HKSAR to provide the Women's Commission with sufficient powers and resources to enable it to improve the status of women in Hong Kong, and to integrate gender in its policy-making and ensure wider participation of women in all spheres of public life.

42. The Committee calls upon HKSAR to adopt urgent measures to address the problems leading to youth suicide and all forms of child abuse.

COLOMBIA
(2001)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Colombia, 30/11/2001, E/C.12/1/Add.74.

24. The Committee is deeply concerned about the current poor status of sexual and reproductive health rights of women and in particular about the increased incidence of illegal abortions. The Committee is also concerned about the high incidence of infant and child mortality, especially in the rural areas.

26. The Committee is concerned about the reduction of State subsidies for health care which makes its access even more difficult, particularly in the rural areas, where health care coverage already is significantly less than in urban areas. The Committee also notes that women and indigenous groups are adversely affected by this reduction in subsidies.

27. The Committee notes that article 67 of the Constitution guarantees free public education, subject to the payment of fees by those who can afford them. It notes with concern that these fees have prevented a number of children from having access to free primary education and that their families had to institute proceedings in order to obtain free primary education. This practice by the State party is contrary to articles 13 and 14 of the Covenant.

28. The Committee is concerned about the poor quality of education at all levels. It is also concerned that the State party has one of the lowest adult literacy rates in the region.

45. The Committee requests the State party, in its next periodic report, to provide detailed information based on comparative data about the problem of abortion in Colombia and the measures, legislative or otherwise, including the review of its present legislation, it has undertaken to protect women from clandestine and unsafe abortion. The Committee recommends the State party to implement vigorously its National Sexual and Reproductive Health Programme.

46. The Committee calls upon the State party to increase its efforts concerning vaccination programmes to combat diseases and infections, especially among children.

47. The Committee urges the State party to allocate a higher percentage of its GDP to the health sector and to ensure that its system of subsidies does not discriminate against the most disadvantaged and marginalized groups.

48. The Committee recommends that the State party should launch an effective campaign to the quality of education and access to it with a view to providing inter alia, free and compulsory education. In this regard, the Committee refers the State party to its obligations under article 14 of the Covenant, according to which it must "secure ( ) compulsory primary education, free of charge". The Committee recommends the State party, in implementing its National Plan for Education, to take into account the Committee's General Comments 11 and 13 and to establish an effective monitoring system for the plan. The State party is also encouraged to seek technical advice and assistance from the United Nations Educational, Scientific and Cultural Organization in relation to the implementation of its plan.

50. The Committee recommends the State party to comply with the standards of the international guidelines on HIV/AIDS and human rights, adopted at the Second International consultation on HIV/AIDS and Human Rights in September 1996.

(1996)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Colombia, 12/12/96, E/C.12/1995/12; E/1996/12, paras. 173-202.

181. The Committee is seriously concerned about the persistence of a high level of poverty affecting the majority of the country's inhabitants. In particular, the Committee notes with concern that Colombia's infant mortality rate is one of the highest in South America. While recognizing the Government's efforts to redress the situation, the Committee emphasizes that it is anomalous that such levels of poverty should persist in a country with a steadily expanding economy. The Committee expresses its concern at the disappointing results achieved by most programmes to combat poverty and improve living conditions, especially since funds allocated in the budget for social expenditures have not been fully used for that purpose.

183. The Committee stresses its concern at the existence of a high number of abandoned children, or street children, deprived of all their rights (family environment, education, health, housing, etc.). The Committee is concerned by the fact that the "Community Mothers Programme" designed to help the children is insufficiently funded, bearing in mind the important social work accomplished by these women, without appropriate training and work conditions.

CONGO (2000)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Congo, 12/05/2000, E/C.12/1/Add.45.

17. The Committee is equally concerned about discrimination against women. Marriage and family laws overtly discriminate against women (for instance, adultery is illegal for women but, in certain circumstances, not for men; while the Legal Code provides that 30% of the deceased husband's estate goes to the wife, in practice the wife often loses all rights of inheritance). Domestic violence, including rape and beatings, is widespread but rarely reported, and there are no legal provisions for punishing the offenders. Furthermore, despite the provision in Congolese legislation that endorses the principle of equal pay for equal work, women in the formal sector are underrepresented and encounter discriminatory promotion patterns. Women in rural areas are especially disadvantaged in terms of education and employment conditions including wages.

18. With regard to ethnic minorities, a similar pattern is discerned by the Committee with dissatisfaction. The Pygmies do not enjoy equal treatment in the predominantly Bantu society. Pygmies are severely marginalized in the areas of employment, health and education, and are usually considered socially inferior.

21. The Committee expresses its grave concern regarding the decline of the standard of health in the Republic of the Congo. The AIDS epidemic is now taking its toll on the country, while the ongoing financial crisis has resulted in a serious shortage of funds for public health services, and for improving the water and sanitation infrastructure in urban areas. The war has caused serious damage to health facilities in Brazzaville. According to a joint study of the WHO and UNAIDS, some 100,000 Congolese, including over 5,000 children, were affected with the HIV virus at the beginning of 1997. More than 80,000 people are thought to have died from AIDS, with 11,000 deaths reported in 1997 alone. Some 45,000 children are said to have lost either their mother or both parents as a result of the epidemic.

22. In addition, the Committee is concerned that as a result of the violence and the ensuing massive displacements, epidemics of various diseases, such as cholera and diarrhoea, have occurred. Furthermore, due to the disrupted infrastructure of the country, and the interrupted ground transportation and communication channels, there is poor access by humanitarian aid organizations to displaced groups outside Brazzaville.

26. The Committee urges the State party to address the inequalities affecting women in society, with a view to eliminating such inequalities, inter alia, by adopting and enforcing appropriate legislative and administrative measures.

27. The Committee also urges the State party to adopt measures in order to fully integrate Pygmies into Congolese society, so that they may fully enjoy their economic, social and cultural rights.

28. The Committee strongly urges the State party to pay immediate attention to and take action with respect to the grave health situation in its territory, with a view to restoring the basic health services, in both urban and rural areas, and to preventing and combatting HIV/AIDS and other communicable diseases, such as cholera and diarrhoea. The Committee also encourages the Government of the Republic of the Congo to work closely with WHO and UNAIDS, in its efforts to cope with the aforementioned problems.

CYPRUS (1998)

Concluding observations of the Committee on Economic, Social and Cultural Rights: Cyprus, 04/12/98, E/C.12/1/Add.28.

7. The Committee welcomes the abrogation of the provisions of the Penal Code criminalizing homosexual acts.

CZECH REPUBLIC (2002)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Czech Republic, 05/06/2002, E/C.12/1/Add.76.

12. The Committee is deeply concerned about the high level of discrimination against Roma people in the fields of employment, housing and education. In spite of the fact that the State party acknowledges this fact, the administrative and legislative measures undertaken by the State party to improve the socio-economic conditions of the Roma are still insufficient to address the problem. The Committee is also concerned that, despite the affirmative programmes in favour of the Roma undertaken by the State party, no specific legislation has yet been enacted to outlaw discrimination against them.

16. The Committee notes with concern that there continues to be inequality in wages between men and women, with women earning approximately 75 per cent of men's salaries.

17. The Committee notes with concern that the problem of domestic violence against women is not being sufficiently addressed and about the fact that the Penal Code of the Czech Republic does not contain any specific provision protecting women against domestic violence.

18. The Committee is concerned about the increasing rate of trafficking in women as well as the sexual exploitation of children.

22. The Committee notes with concern that the incidence of HIV/AIDS is increasing, especially among young people.

23. The Committee is deeply concerned about the over-representation of Roma children in so-called "special schools" which are primarily designed for mentally retarded children, resulting in discrimination, substandard education and the stigma of mental disability.

24. The Committee is concerned about a constant decrease in the budget expenditure allocated to education and the consequences thereof on the enjoyment of the right to education.

31. The Committee encourages the State party to provide statistical data in its second periodic report, in particular on the enjoyment of economic, social and cultural rights by women, Roma and people with disabilities.

33. The Committee calls upon the State party to take effective action to reduce the unemployment rate in particular among Roma people, women and other vulnerable groups.

35. The Committee urges the State party to intensify its efforts to address the gender inequality and to take the effective measures, legislative or otherwise to ensure that women enjoy full and equal participation in the labour market, particularly in terms of equal pay for work of equal value.

36. The Committee calls upon the State party to enact specific legislation on domestic violence.

37. The Committee urges the State party to adopt effective measures against the trafficking in women as well as the sexual exploitation of children.

38. The Committee urges the State party to take effective measures to address the problems of: (a) the housing shortage by adopting housing programmes, especially for the disadvantaged and marginalized groups; (b) forced evictions and homelessness by respecting the Committee's General Comments 4 and 7 and devising a comprehensive plan to combat homelessness.

39. The Committee encourages the State party to adopt a comprehensive National Health Strategy.

42. The Committee recommends to the State party to comply with the standards of the international guidelines on HIV/AIDS and human rights, adopted at the Second International consultation on HIV/AIDS and Human Rights in September 1996.

43. The Committee recommends that the State party consider increasing the budget allocation for education.

44. The Committee urges the State party to take immediate and effective measures to eliminate discrimination against Roma children by removing them from "special schools" and integrating them into the mainstream of the educational system.

DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA (2003)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Democratic People's Republic of Korea, 12/12/2003, E/C.12/1/Add.95.

2. The Committee welcomes the submission of the second periodic report of the State party, which was prepared in conformity with the Committee's guidelines and thanks the State party for the written replies to its list of issues. The Committee, nevertheless, regrets that the State party has not included specific information in terms of data and updated statistics, particularly in the field of social security, health and education.

6. The Committee also notes with appreciation the wide coverage of free health care in the State party.

7. The Committee further notes with appreciation the full implementation of a free and universal 11-year education system.

13. The Committee expresses its concern about the persistence of traditional societal attitudes and practices prevailing in the State party with regard to women that negatively affect the enjoyment of their economic, social and cultural rights. The Committee is concerned about the lack of domestic legislation on non-discrimination against women and about the persistence of de facto inequality between men and women in decision-making positions, both in political and administration bodies, as well as in the industrial sector as a whole.

19. The Committee notes with concern that there is no specific provision in the legislation of the State party that criminalizes and punishes domestic violence.

23. The Committee is concerned about the alarming increase in maternal mortality rate.

24. The Committee remains concerned about the declining attendance rate in schools, from 99 to 85 per cent according to the State party, as a consequence of national disasters.

25. The Committee remains concerned that children with disabilities, whenever possible, are not included in the regular school system.

33. The Committee suggests that domestic legislation be reviewed with the aim of giving full effect to the principle of non-discrimination against women and that the State party adopt and implement a programme containing specific measures for awareness-raising, aimed at promoting the rights of women and their advancement in all fields of political, economic and social life.

38. The Committee invites the State party to explore the possibility of increasing in due course the budgetary allocations for social expenditure, as well as public assistance for people in need, and of enabling persons looking for employment, particularly women, to find jobs on the territory of the Democratic People's Republic of Korea.

39. The Committee recommends that the State party amend its legislation in order to include specific provisions that can be used as grounds to fight domestic violence.

40. The Committee calls upon the State party to continue its effort in assisting those children who have suffered from the consequences of natural disasters to return to school.

41. The Committee urges the State party to strengthen its efforts to provide alternative family care for orphans and to include them in the regular school system.

44. The Committee recommends that the State party take effective measures to improve the conditions of maternal care, including prenatal health services and medical assistance at birth.

45. The Committee recommends that the State party adopt a comprehensive HIV/AIDS prevention strategy, including awareness-raising campaigns and a blood safety programme. The Committee invites the State party to continue and enhance its collaboration with United Nations programmes and specialized agencies, such as the United Nations Development Programme, World Health Organization and the Joint United Nations Programme on HIV/AIDS. The Committee further recommends that the State party include in its third periodic report statistical data on the incidence of HIV/AIDS and information about the measures undertaken to prevent an epidemic.

46. The Committee recommends that the State party change the present system concerning the education of children with disabilities by allowing these children to be educated in the regular school system. Moreover, the State party should take measures to raise awareness among students, teachers and families of the special needs of these children and train teachers to assist them effectively in regular classes.

DENMARK (2004)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Denmark, 14/12/2004, E/C.12/1/Add.102.

9. The Committee welcomes the adoption in March 2003 of the law on combating child pornography, sexual exploitation of children and sale of children, and the establishment in August 2003 of an action plan on combatting sexual abuse of children.

10. The Committee welcomes the measures taken by the State party to combat the phenomenon of trafficking in persons, including the adoption in June 2002 of the law on trafficking in human beings and the ratification in September 2003 of the United Nations Convention against Transnational Organized Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

17. The Committee regrets that there is no legal provision in the State party's domestic legal order specifically criminalizing domestic violence, particularly against women.

18. The Committee is also concerned at the reports of cases of ill treatment, particularly of migrant women, at the hands of their spouses or partners, which often remain unreported for reasons of economic dependency and fear of deportation. The Committee notes that the situation has been exacerbated by the 2002 amendment to the Aliens Act, which increased the required number of years of residence to seven before a permanent residence permit may be obtained by migrant women married to Danish citizens.

19. The Committee notes with concern that, in spite of the measures taken by the State party, Denmark continues to face problems of child pornography, sexual exploitation of children, and trafficking in women and children.

29. The Committee calls upon the State party to take appropriate measures to either repeal or amend the so called 24 year rule of the 2002 Aliens Act, in line with its obligation to guarantee the enjoyment of the right to family life to all persons in Denmark, without distinction. In this connection, the Committee encourages the State party to consider alternative means of combating the phenomenon of forced marriage involving immigrant women.

30. The Committee requests that the State party include in its fifth periodic report detailed information on the extent of the problem of domestic violence, in particular violence against women in Denmark, and on the measures taken to combat this phenomenon. In this connection, the Committee encourages the State party to consider enacting specific legislation to criminalize domestic violence and to provide training for law enforcement personnel and judges regarding the criminal nature of domestic violence.

31. The Committee recommends that effective measures be taken to ensure that victims of domestic violence receive appropriate care and support for their rehabilitation and that appropriate mechanisms be enforced so that victims are not prevented from seeking assistance for fear of deportation or expulsion from Denmark.

32. The Committee encourages the State party to continue and strengthen its efforts to address the problem of trafficking in persons, especially women and children, as well as commercial sexual exploitation in the State party, and requests that the State party provide in its next periodic report detailed information on any results achieved and difficulties encountered in their implementation, including the results of the Action Plan on combating sexual abuse of children.

DOMINICAN REPUBLIC
(1997)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Dominican Republic, 12/12/97, E/C.12/1/Add.16.

15. While noting that a number of positive measures have been taken by the authorities to promote gender equality and to protect women from discrimination, the Committee remains concerned that women do not fully enjoy their economic, social and cultural rights under the Covenant. In this respect, the Committee reiterates the concerns it expressed in paragraph 22 of its preliminary Concluding Observations (E/C.12/1/Add.6), with particular reference to the persistence of a traditional male-dominated society detrimental to gender equality, to the lack of protection afforded to women workers who are victims of discrimination in employment or arbitrary dismissal owing to pregnancy, to the lack of family planning services, to the high maternal mortality rate, to unequal pay between women and men, and to the absence of legal recognition of de facto marriages.

17. Furthermore, the Committee is still preoccupied by the situation of Haitian illegal workers and by the situation of their children. It notes that approximately 500,000-600,000 Haitian illegal workers reside in the Dominican Republic, some of them for one or two generations, without any legal status and any protection of their economic, social and cultural rights. In this respect, the Committee is particularly concerned about the situation of the children who, due to the restrictive interpretation of Article 11 of the Constitution by the authorities, do not receive Dominican nationality on the grounds that they are children born of foreigners in transit. These children are thus denied their most basic social rights, such as the rights to education and health care. Moreover, the Committee notes with concern that until now measures have not been taken to improve the overall situation of Haitian illegal workers by the regularizing of their status and that of their children.

22. With respect to Article 10 of the Covenant, the Committee expresses its concern about the situation of children in the Dominican Republic and, in particular, about reports received on the occurrence of child labour and child exploitation, including sexual exploitation, about the increasing number of street children, the low rate of school enrolment, the high rate of infant mortality and the high number of pregnancies among school-age females. Furthermore, the Committee expresses its concern about the reported prevalence of violence against women and children within the family.

27. With respect to the right to health under Article 12 of the Covenant, the Committee is concerned about the lack of information on the situation of the elderly, disabled persons, and HIV-positive persons and persons with AIDS. With respect to the latter, the Committee notes that, according to the World Health Organization, the number of AIDS cases has increased from 133 in 1993 to 574 in 1996 for women and from 256 in 1993 to 1,050 in 1996 for men. The Committee also notes that prevention campaigns carried out in the Dominican Republic are insufficient in addressing the appropriate ways and means available to combat the transmission of the virus. It further notes the persistence of sex tourism in resort areas, sometimes involving minors, which is one of the causes of the spread of AIDS, although it recognizes that coercive measures have been taken by the authorities against persons involved as local agents in such exploitation.

(1996)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Domincan Republic, 06/12/96, E/C.12/1/Add.6.

7. The Committee further appreciates the information that the Government has undertaken a thorough review of the public health sector and is preparing a reform of the Health Code.

8.The Committee further appreciates the attempts being made in the Chamber of Deputies to recognize domestic violence as a public health issue and thus to discourage gender violence as a matter of public policy.

13. The Committee is particularly concerned about the exploitation of Haitians, and their unacceptable living conditions in the bateyes. In this connection, it has no reason not to accept the veracity of various reports which emphasize the dire predicament of workers in the bateyes, especially women workers whose presence there is not administratively recognized and who therefore become vulnerable to extreme exploitation (their wages are 50 per cent lower than mens) and are often deprived of their rights and the most basic health and social services. Both men and women in the bateyes, as well as Haitian workers in other sectors of the economy, live in perpetual insecurity and they constitute the principal national group in the Dominican Republic who are subject to deportation in inhuman conditions, often at the whim of employers who take advantage of the State's inaction to exploit the vulnerability of this group.

21. The Committee is concerned to note the persistent rise of "sex tourism" in resort areas, and the spread of AIDS, which is one of the country's greatest health problems.

22. The Committee is particularly concerned that the enjoyment by women of economic, social and cultural rights is undermined, inter alia by: a traditional and persistent male dominated society; the failure to ensure that single women heads of household benefit from the agrarian reform or the Government's housing programme; the absence of any administrative mechanism that allows women to file complaints in cases of discrimination by the Dominican Agrarian Institute; the failure of the Government to protect women workers from discrimination or arbitrary dismissal related to pregnancy, including failure to discourage employers from the practice of pregnancy testing; and failure to develop and promote family planning services. The Committee is also concerned that, despite the very high rate of hospital births in the Dominican Republic, the rate of maternal mortality is unacceptably high; common law marriages are not legally recognized, although 60 per cent of all marriages are of this nature and, consequently, in cases of separation, abandonment or the death of the male bread-earner of the family a woman frequently loses everything and finds it difficult to acquire a cedula or collateral, without which she cannot obtain agricultural credit, housing or employment.

24. The Committee expresses its concern about the issue of limited access to safe drinking water for the rural population and those living in deprived urban areas, the higher incidence of infant mortality in certain socio-economic groups, the deplorable situation of persons with disabilities, the prevalence of endemic diseases, the problem of the inadequacy of social welfare and security, the persisting housing shortage and the inadequacy of access to health care.

ECUADOR (2004)

Concluding observations of the Committee on Economic, Social and Cultural Rights: Ecuador, 07/06/2004, E/C.12/1/Add.100.

6. The Committee takes note with satisfaction the ratification by the State party of the Inter-American Convention on Prevention, Punishment and Eradication of Violence against Women, as well as the adoption of legislation and creation of institutions and plans to combat discrimination against women, such as the Ley contra la Violencia a la Mujer y la Familia of 1995, the Ley de Amparo laboral de la Mujer of 1997, the Plan de Igualdad de Oportunidades and the establishment of the Consejo Nacional de Mujeres (CONAMU) in 1997.

11. The Committee is concerned that, despite the legal framework in place and the growing influence of indigenous grassroots community groups, indigenous people continue to suffer discrimination, particularly with regard to employment, housing, health and education.

14. The Committee is deeply concerned about the high percentage of people with disabilities in the State party. While noting with appreciation the recent legislation that promotes the rights of people with disabilities, including access to education, employment, transportation, and communication, the Committee regrets that the State party has allocated few resources to ensure access to these services in practice.

15. The Committee expresses its concern about the de facto inequality that exists between men and women in Ecuadorian society despite legislative guarantees of equality, owing to the perpetuation of traditional stereotypes and the lack of implementation of legislative guarantees of equality. Such inequality is reflected in unequal wages for equal work, the high percentage of illiteracy amongst women particularly in rural areas, the low level of representation of women in public service and administration, and limited access to credit, professional work and skilled trades. The Committee is also concerned that insufficient resources are allocated to programmes that aim at eliminating gender-based discrimination.

21. The Committee is concerned that only a limited percentage of the Ecuadorian population is entitled to social security benefits, especially to sickness and maternity insurance.

23. The Committee is deeply concerned about the high incidence of sexual abuse, prostitution of girls and boys under the age of 18 in urban areas, exploitation of children and the lack of a comprehensive strategy to address these problems.

24. The Committee is concerned about trafficking in minors, especially indigenous minors.

25. The Committee is concerned that domestic violence is widespread and does not constitute a criminal offence in the State party. The Committee is also concerned by the narrow definition of rape as a criminal offence in the Ecuadorian Criminal Code.

26. The Committee is deeply concerned about the persistent and growing level of poverty in the State party, affecting primarily women, children, indigenous and Afro-Ecuadorian communities.

29. The Committee is concerned about the low coverage, quality and insufficient financial resources available to the health system. The Committee notes that, despite improvements, the maternal mortality rate remains high. The Committee expresses concern about the increasingly high rate of teenage pregnancies.

30. The Committee is concerned about the enjoyment of the right to health by all people in the State party and particularly with regard to access to generic medicine.

31. The Committee is concerned about the high rate of illiteracy and school dropouts in the State party. The Committee is particularly concerned in this regard about the situation of young girls and of indigenous and Afro-Ecuadorian children.

34. The Committee recommends that the State party take effective and practical steps to ensure effective protection of indigenous people against discrimination in many fields, especially with regard to employment, housing, health and education. It also requests that the State party include in the next periodic report information on the impact of programmes aimed to ensure economic, social and cultural rights to indigenous people and data regarding any progress made in this respect.

36. The Committee urges the State party to undertake immediate steps to ensure equal opportunities for Afro-Ecuadorians, particularly with regard to employment, housing, health and education and to provide detailed information in its third periodic report on progress achieved.

38. The Committee urges the State party to adopt all effective measures to ensure equality between men and women in all fields of life as provided for in article 2, paragraph 2 and article 3 of the Covenant, including through implementing the principle of equal pay for work of equal value as provided for in the Covenant, increasing the level or representation of women in public services and reducing the wage gap between men and women. The Committee requests the State party to provide detailed information on the progress made on gender discrimination issues in its third periodic report.

48. The Committee urges the State party to address the issues of sexual abuse, prostitution of girls and boys and exploitation of children by adopting a comprehensive strategy to address these problems. The Committee requests the State party to provide information on the progress made in this regard in the next periodic report.

49. The Committee urges the State party to take all the appropriate measures to combat the problem of trafficking in minors, including collecting relevant data and statistics and conducting a thorough study on this issue. The Committee requests the State party to report back on the measures taken and progress made in this regard in its third periodic report.

50. The Committee urges the State party to take effective measures to combat domestic violence, including through the effective application of the existing laws and awareness-raising campaigns. It also strongly urges the State party to amend its Criminal Code with the view to redefining the crime of rape to reflect international standards and to protect women and children.

54. The Committee urges the State party to allocate a higher percentage of GDP to the health sector. The Committee also recommends the State party to continue with its prevention and care efforts in the field of health by providing sexual and reproductive health services, particularly to women and young people.

55. The Committee strongly urges the State party to conduct an assessment of the effect of international trade rules on the right to health for all and to make extensive use of the flexibility clauses permitted in the WTO Agreement on Trade-related Aspects of Intellectual Property Rights (the TRIPS Agreement) in order to ensure access to generic medicine and more broadly the enjoyment of the right to health for everyone in Ecuador.

57. The Committee urges the State party to take all possible measures to combat illiteracy, particularly amongst the most disadvantaged and marginalized groups. The Committee requests that the State party provide information in the next periodic report on the measures taken to this end and the results obtained.

EGYPT (2000)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Egypt, 12/05/2000, E/C.12/1/Add.44 (unedited version).

6. The Committee commends State party for efforts it has made with a view to ensuring effective implementation of the right to health, particularly by establishing, throughout the country, including in remote urban and rural settlements, a network of primary health-care units and centres.

7. The Committee notes with satisfaction that the State party has undertaken new and effective measures to introduce environment and health-friendly fuel beginning with the public transport systems in major cities where pollution is a grave threat to life and health.

10. The Committee is of the view, that the State of Emergency that continues to be in place in Egypt since 1981 limits the scope of implementation of constitutional guarantees for economic, social and cultural rights;that some aspects of structural adjustment programmes and economic liberalization policies introduced by the Government of Egypt, in concert with IFI, have impeded the implementation of the Covenant's provisions, particularly with regard to the most vulnerable groups of Egyptian society; and that the persistence of traditional practices and attitudes, deeply entrenched in Egyptian society with regard to women and children, hamper the ability of the State party's Government to protect and promote their economic, social and cultural rights.

13. The Committee expresses its grave concern about the considerable divergence in Egypt between the Constitutional provisions on the one hand and the national legislation and practice on the other, with respect to the societal status of women in general, women's participation in political life, the provisions in criminal law with respect to adultery, and Female Genital Mutilation (FGM). Moreover, the Committee is concerned about the divergence between law and practice with regard to the occurrence of child labour.

16 The Committee notes with concern that, although the State party has undertaken initial steps against the practice of FGM in Egypt by criminalizing FGM outside of hospitals by persons without a medical qualification, this measure does not render the practice of FGM a criminal offence by medical practitioners. The Committee further notes with concern that the percentage of women who are victims of FGM remains alarmingly high as shown by WHO statistics at an estimated 97% prevalence during the year 1995 ("Female Genital Mutilation: An Overview". WHO, Geneva, 1998,p.13).

17. Although the Committee welcomes the efforts undertaken by the State party in promoting equality of men and women through a new divorce law, it notes with concern that this new law contains provisions that may disadvantage women. In addition, the Committee notes with concern the provisions of the Nationality Law which does not grant equal citizenship status to children of Egyptian women married to non-nationals.

20. The Committee notes with concern that the problem of domestic violence against women is not being sufficiently addressed and that marital rape is not criminalized.

23. The Committee regrets the insufficiency of information with regards to the situation of persons with mental illnesses and disabilities, and the relevant legal regime including safeguards against abuse and neglect.

24. The Committee notes with concern that despite the achievements of Egypt in the field of education, inequality of access to education between boys and girls, high dropout rates for boys and high illiteracy rates among adults, particularly among women, continue to persist.

25. The Committee is gravely concerned over the official censorship imposed with respect to the media, as well as to literary and artistic works.

32. The Committee strongly urges the State party to address the problem of FGM as a matter of high priority with a view to actively move towards the total eradication of this practice throughout the country. The Government of Egypt is encouraged to seek the technical assistance of WHO in this regard.

33. The Committee recommends that the Government undertake to review the provisions of the new divorce law towards removing all provisions that discriminates women and places them at a disadvantage. The Committee also recommends the revision of the Nationality Law that discriminates against children born to Egyptian women married to non-nationals.

34. The Committee calls upon the State party to amend or repeal Law 153 in order to conform with its obligations under article 8 of the Covenant and of the Constitution of Egypt which affirms the rights of citizens to form their own organizations.

35.The State party must enhance its strategies and programmes aimed at combatting domestic violence. In this regard the Committee urges the State party to criminalize marital rape and also to combat this problem through information campaigns and educational programmes.

36. The Committee urges the State party to take steps toward establishing stronger labour laws to protect children from abusive working conditions and to undertake immediate measures towards the eradication of illegal child labour.

38.The Committee urges the State party to ensure that its laws, policies and practices in relation to HIV/AIDS are non-discriminatory and in full conformity with the International Guidelines adopted at Second International Consultation on HIV/AIDS and Human Rights in 1996.

39. The Committee requests the State party to provide more information in its second periodic report about the mentally ill, including how many are hospitalized, the facilities available to them, and the legal safeguards for the protection against abuse and neglect of patients.

40. The Committee urges the State party to undertake measures to address the economic, social and cultural factors that are the root causes of the problem of inequality of access to education, high dropout rates for boys and high illiteracy rates among adults in particularly among women. The Committee requests that particular attention should be devoted to these concerns in its next report.

41. The Committee calls upon the Government of Egypt to respect the freedom indispensable for creative activity including in the media, as provided for under article 15(3) of the Covenant.

42. The Committee requests the State party to provide updated information including statistics within two years on the following concerns--unemployment, situation of women, including FGM, poverty, housing, homeless persons in its second periodic report which is to be submitted by 30 June 2003.

EL SALVADOR (1996)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: El Salvador, 28/05/96, E/C.12/Add.4.

20. The Committee expresses its concern at the extent of the problem of violence against women, both within and outside the family, in El Salvadoran society and its implications for the physical and mental health of women and their children.

ESTONIA (2002)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Estonia, 19/12/2002. E/C.12/1/Add.85.

8. The Committee commends the State party on its initiatives in the area of public health, which have led to a number of improvements, including a reduction in infant mortality, from 15.4 in 1993 to 8.4 in 2000, and in maternal mortality, from 0.47 per 100,000 in 1995 to 0.13 in 1999. The Committee notes with satisfaction that public awareness campaigns have been launched in order to combat the phenomenon of widespread alcohol and tobacco abuse.

12. The Committee expresses its concern that unemployment rates are higher in certain regions of the State party than in others and that the unemployment rate for ethnic minorities is around 16.6 per cent, which is well above the national average of around 9.9 per cent. The Committee also notes with concern the high rate of unemployment among older women and single mothers.

14. The Committee is also concerned about the marked difference in the wages of men and women. The Committee takes notes that, although it is possible to seek legal redress in cases of discrimination in employment and remuneration, few woman have as yet sought such relief.

19. The Committee is concerned about the continually rising incidence of trafficking in women.

26. The Committee notes with regret that the statistical data received on the health situation in the State party lacked disaggregation on a comparative basis and thus did not provide a sufficient basis for the Committee to monitor effectively the implementation of the Covenant.

27. The Committee expresses its concern that, in spite of the measures undertaken by the State party to combat HIV/AIDS, the incidence of reported new cases is still very high.

28. The Committee notes with concern the high rate of cases of tuberculosis.

30. While recognizing that affordable contraception is widely available in the State party, the Committee expresses its concern that abortion is still commonly used as a method of birth control, which puts the health of women at risk.

31. The Committee notes with concern the high drop out rates among children in primary and secondary schools.

41. The Committee recommends that the State party intensify its efforts to combat domestic violence, including through ensuring the availability and accessibility of crisis centres where victims of domestic violence can find safe lodging and counselling.

42. The Committee also recommends that the State party take effective measures to combat trafficking in women, including through ensuring that traffickers are prosecuted. The Committee calls upon the State party to ratify the international instruments aimed at intensifying cooperation in this field among States.

48. The Committee recommends that the State party, in its next periodic report, provide more disaggregated and comparative data on public health, including an indication of indicators and benchmarks used in its national health strategies, as explained in paragraphs 57 and 58 of its General Comment No. 14 (2000).

49. The Committee also recommends that the State party take measures, in line with General Comment No. 14, to ensure that adequate and affordable health care is accessible and available to everyone, especially older women in rural areas.

50. The Committee further recommends that the State party intensify its efforts to control the spread of HIV/AIDS, including through public information campaigns, and report on progress thereon in its next periodic report.

51. The Committee recommends that the State party intensify its efforts to combat the spread of tuberculosis.

53. The Committee recommends that the State party promote a general awareness of safe contraceptive methods, as well as sexual and reproductive health information, and instil awareness about the health risk of using abortion as a method of birth control.

54. The Committee also recommends that the State party strictly enforce the domestic and international standards for environmental protection, so as to prevent harmful effects on the health of the population in Estonia.

55. The Committee requests the State party to take all appropriate measures to address the problem of high drop out rates among children in primary and secondary schools.

56. The Committee also requests the State party to provide in its next report statistical data detailing the enrolment rate, at all levels of education, disaggregated by gender. The Committee refers the State party to its General Comment No. 13 (1999) for guidance on how to prepare the information on the right to education in its report. The Committee draws the attention of the State party to the recommendations of the Dakar Framework for Action, especially the Regional Framework for Action for Europe and North America, adopted at the World Education Forum (Dakar, 2000).

FINLAND (2000)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Finland, 01/12/2000, E/C.12/1/Add.52.

17. While welcoming the several studies and projects concerning violence against women carried out in the past few years in Finland, the Committee notes with concern that the phenomenon has reached alarming proportions. The Committee reiterates its regret at the absence of comparative statistical information on the extent of the problem, as well as lack of information on the remedies, rehabilitation and services provided to victims.

18. The Committee notes with concern the lack of affordable accommodation, especially in the Helsinki metropolitan area, for the homeless, a group consisting mainly of alcoholics, drug abusers, victims of domestic violence and the mentally ill.

19. The Committee regrets the weakening of the public health care system as a result of cuts in the Government's health spending.

20. The Committee is particularly concerned that certain municipalities allocate insufficient funds to health care services. This has resulted in inequality with regard to levels of health care service provision depending on the place of residence, to the detriment in particular of children, persons with physical and mental disabilities and older persons.

30. The Committee requests the State party to provide comparative statistical data, in its fifth periodic report, on the extent of violence against women. The Committee also requests detailed information on the results of the measures taken by the Government to address the phenomenon, including on facilities, rehabilitation and remedies accorded to victims.

31. The Committee further recommends that the State party ensure that adequate resources are afforded to public health services and that the cost of private health care remains affordable to all sectors of society.

32. The Committee calls on the State party to ensure that municipalities provide adequate health services, especially to vulnerable groups such as children, older persons and persons with physical and mental disabilities. In this respect, the Committee requests the State party to provide information, in its fifth periodic report, on the services available in municipalities particularly for those in need of mental health care services.

FRANCE (2001)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: France, 30/11/2001, E/C.12/1/Add.72.

16. The Committee is concerned that the State party has not yet changed the minimum age for marriage for girls (15 years) in the Civil Code to conform with that for boys (18 years), especially in the light of the delegation's statement that this discrepancy has not had an actual impact on the marriage rate, which has demonstrated an increasing average age of marriage for both sexes.

21. The Committee requests the State party to provide information in its third periodic report on: the results of the implementation of the framework law to combat social exclusion; the results of the national action plan to combat domestic violence; and the results of the campaign against alcohol and tobacco abuse.

22. The Committee strongly encourages the State party to criminalize trafficking in persons.

26. The Committee also recommends that the State party increase its efforts to preserve regional and minority cultures and languages, and that it undertake measures to improve education on, and education in, these languages.

27. The Committee recommends that the legal minimum age for marriage for girls be raised to 18 years of age.

GAMBIA (1994)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Gambia, 31/05/94, E/C.12/1994/9.

16. Regarding the right to health in Article 12 of the Covenant, the Committee expresses its deep concern over the extremely high maternal mortality rate of 1,050 per 100,000 live births. UNICEF identifies the main causes to be haemorrhage and infection related to the lack of access to and poor services. The Committee is equally concerned over the alarming UNDP figures of infant mortality and fertility rates of the Gambia, which are among the highest in Africa: 145.1 per 1,000 live births in 1986-87 and a 6.5 fertility rate during the same period. The Committee deplores the practice of female genital mutilation which is still prevalent in the Gambia. Independent experts report that more than half of the female population in the Gambia have undergone this procedure.

GEORGIA
(2002)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Georgia, 19/12/2002, E/C.12/1/Add.83.

4. The Committee notes the efforts of the State party to comply with its obligations under international human rights instruments to which it is a party, in particular the adoption of various plans of action on a number of human rights topics, such as children's rights, women (as recommended in paragraph 27 of the Committee's concluding observations of May 2000), and combating violence.

12. The Committee expresses deep concern about the deplorable situation of internally displaced persons in the State party. The State party's efforts to provide basic services to this disadvantaged group and special legislation adopted to that end have succeeded only partially in meeting the most basic needs of internally displaced persons, particularly with regard to employment, social security, adequate housing and access to water, electricity, basic health services and education.

18. The Committee expresses serious concern about the inadequacy or even lack of legislation and policies on domestic violence, rape, or sexual harassment, as well as about the de facto impunity with which such acts are committed. The Committee is also concerned that domestic violence is not criminalized as a specific offence.

19. The Committee is also concerned that the State party has not adopted any significant measures or policies to address the problem of trafficking in persons, particularly women.

20. The Committee is concerned about the high number of children living and/or working in the streets who are often victims of various forms of exploitation, including prostitution and pornography.

24. The Committee expresses deep concern about the insufficiency of material and technical resources, medication, hygienic and sanitary conditions and food in hospitals, as well as about the low wages of the medical staff, resulting in the common practice of charging informal fees for basic health-care services that are formally provided free of charge. A particular negative effect of such informal fees is that it puts basic health care even further beyond the reach of the poorest and most disadvantaged groups of society.

26. The Committee regrets the lack of detailed information on the situation of primary education in the information provided by the State party. The Committee is concerned that, although primary education should be provided free of charge, as stipulated by law and in article 14 of the Covenant, parents are faced with payments for various purposes.

27. The Committee is further concerned about the high rate of school drop-outs, particularly in secondary education.

31. The Committee strongly recommends that the State party take effective measures, in consultation with relevant civil society organizations, to improve the situation of internally displaced persons, including the adoption of a comprehensive programme of action aiming at ensuring more effectively their rights to adequate housing, food and water, health services and sanitation, employment and education, and the regularization of their status in the State party.

36. The Committee recommends that the State party implement its national plans of action for the advancement of women and for combating domestic violence, and that it adopt adequate legislation and policies to address and to ensure access to effective remedies concerning domestic violence, rape and sexual harassment. The Committee encourages the State party to develop programmes aimed at raising awareness of, and educating law enforcement officials, the judiciary and the general public on, these problems.

37. The Committee urges the State party to undertake and implement effective measures to combat trafficking in persons, including adequate training of law enforcement officials and the judiciary, the prosecution of perpetrators in accordance with the law, and rehabilitation programmes for victims of trafficking.

38. The Committee calls upon the State party to undertake urgent and effective measures to address the problems faced by children living and/or working in the street, and to protect them against all forms of exploitation.

44. The Committee encourages the State party to undertake preventive measures against HIV/AIDS, particularly awareness-raising campaigns, in order to prevent the spread of the disease in the country.

45. The Committee recommends that the State party undertake measures to ensure that access to free primary education is not impeded in reality by additional material costs and by informal fees. In addition, the Committee suggests that the State party continue its reform of the school system, which aims, inter alia, to reduce the number of dropouts.

46. The Committee requests that the State party include, in its next periodic report, detailed information on the quality of higher education.

(2000)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Georgia, 12/05/2000, E/C.12/1/Add.42. (unedited version)

13. The Committee notes with concern that women suffer more than men from unemployment and that they are underrepresented in the labor force, especially in public service, including Parliament.

14. In addition, the Committee is concerned that the National Plan of Action, which aims to eliminate the inequalities faced by women in economic and social spheres, has not yet been implemented by the State party.

15. The Committee notes with concern that the laws addressing violence against women and sexual harassment at the workplace are inadequate and insufficient.

18. The Committee notes with concern that there is limited knowledge among the general public with regard to reproductive health issues in general, and particularly with regard to the availability and use of contraceptives.

26. With recognition of the limited resources available to the State party, the Committee would like to suggest that measures be taken to concentrate their use on major priorities, such as measures to address the existing inequality between men and women in public service, and the formulation of a National Plan of Action on Human Rights. In this respect, the Committee would like to point out that international technical assistance may be requested with regard to such activities, from the Office of the High Commissioner for Human Rights and UNDP.

27. The Committee urges the State party to start implementing gradually the National Plan of Action with regard to women. In addition, the Committee strongly recommends to the State party to take effective measures to combat violence against women, including by adopting appropriate legislation to that effect.

30. The Committee recommends that the State party undertake steps to improve the awareness and knowledge of the public concerning reproductive health issues. In this regard, the Government might seek the advice and assistance of international organizations, such as WHO, UNAIDS and UNFPA.

GERMANY
(2001)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Germany, 24/09/2001, E/C.12/1/Add.68.

25. The Committee is concerned that the victims of trafficking in persons, and in particular women, are doubly victimized, owing to a lack of sensitization of police, judges and public prosecutors, a lack of appropriate care for victims, and the risks and dangers awaiting them upon deportation to their home countries.

43. The Committee strongly recommends that the State party undertake training programmes for those dealing with victims of trafficking in persons to ensure that they are sensitized to the needs of the victims, to provide better protection and appropriate care, and to ensure that victims can claim redress before courts of law.

(1998)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Germany, 04/12/98, E/C.12/1/Add.29.

35. The Committee urges the State Party to provide more adequate assistance to persons within HIV/AIDS, without any discrimination on the basis of race, origin, nationality or gender.

GUATEMALA
(2003)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Guatemala, 12/12/2003, E/C.12/1/Add.93.

11. The Committee is concerned about the persisting discrimination against indigenous peoples, with regard to access to, inter alia, land ownership, work, education, health services and adequate nutrition and housing.

12. The Committee is concerned about the de facto inequality between women and men, which is perpetuated by traditional prejudices and social conditions, in spite of an important number of legal instruments adopted by the State party.

16. The Committee is also concerned about sexual harassment of women in the workplace.

21. The Committee is concerned about the extent of the problem of violence against women in the Guatemalan society, both within and outside the family, and its implication for both the physical and mental health of women and children. The Committee is also concerned that the Penal Code does not consider domestic violence as a crime.

25. The Committee is concerned about the current state of sexual and reproductive health of women and that the incidence of child and maternal mortality is relatively high.

27. The Committee is concerned that only 30 per cent of children living in rural communities complete primary education and, in the case of indigenous children, only 20 per cent complete the primary level of education. The Committee also expresses its concern about the limited access for indigenous peoples to enjoy education in their mother tongue and to use their mother tongue in their dealings with public authorities.

29. The Committee recommends that the State party increase its efforts to combat discrimination against indigenous peoples, in particular in the areas of employment, health services, land ownership, adequate nutrition, housing and education.

30. The Committee calls upon the State party to ensure equality between women and men in all spheres of life, in particular by taking effective measures to combat discrimination in the education of the girl-child, in access to employment, in equal pay for work of equal value and in access to land and credit services. The Committee urges the State party to increase the level of representation of women in public services.

34. The Committee urges the State party to amend all its relevant legislation in order to define sexual harassment as a crime and to take effective measures to combat the crime.

39. The Committee urges the State party to combat violence against women, including through the effective application of the law on domestic violence and awareness-raising campaigns designed to combat the negative traditional practices and prejudices and their effects and consequences. In this regard, the Committee urges the State party to amend the Penal Code by including domestic violence as a crime. The Committee requests the State party to provide, in its third periodic report, detailed information and up-to-date statistics on a comparative basis on the phenomenon of domestic violence in Guatemala, as well as the results of the measures to combat this serious problem.

41. The Committee encourages the State party to reorient its agricultural policies and to implement its social plan to combat the coffee crisis through measures that ensure access to adequate nutrition, health care, subsidized housing and employment opportunities for those affected by the crisis.

43. The Committee recommends that the State party take measures to reduce child and maternal mortality, and in particular intensify the implementation of its National Sexual and Reproductive Health Programme, provide further assistance and training to midwives, organize educational campaigns regarding women's sexual and reproductive health, and include such subjects in the school curricula.

(1996)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Guatemala, 28/05/96, E/C.12/1/Add.3.

21. The Committee expresses its concern about the issue of low access to safe water for the rural population, the higher incidence of infant mortality within certain socio-economic groups, the situation of persons with disabilities, the prevalence of endemic diseases, the problem of the inadequacy of social welfare and security, the persisting housing shortage and the inadequacy of access to health care. The Committee is of the view that this general situation, affecting the most vulnerable in Guatemalan society, deprives them of their full enjoyment of the economic, social and cultural rights provided for in the Covenant.

32. The Committee acknowledges the value of the shift in health and education policy towards promoting access to health care and services and to education for the most disadvantaged groups of society and strongly recommends that this focus be maintained. It reiterates its strong conviction of the need to devote sufficient resources to the implementation of Articles 9 to 14 of the Covenant. In this context, attention is also drawn to the urgent need to undertake further measures to tackle the problem of illiteracy.

GUINEA (1996)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Guinea, 28/05/96, E/C.12/1/Add.5.

21. Regarding the right to health proclaimed in Article 12, the Committee refers to the information provided by The Economist Intelligence Unit in 1994-1995, and notes that only 13 per cent of the population have access to medical services. Furthermore, only 55 per cent have access to drinking water, a situation that is made even worse by onchocercosis, or "river blindness". The Guinean life expectancy of 45 years is one of the lowest in Africa. The Committee notes that women and children are particularly affected by the precarious health situation.

22. Similarly, the Committee is especially concerned by the persistent practice of female genital mutilation, which has serious consequences on the physical, psychological and social health of women. Women are also among the first victims of the AIDS virus. Concerning children, the Committee notes that the mortality rate remains high.

HONDURAS (2001)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Honduras, 21/05/2001, E/C.12/1/Add.57.

20. The Committee is alarmed about the high number of children who are forced to work to support themselves, and in particular about the serious situation of street children and the existence of street gangs (maras). In this regard, the Committee is also gravely concerned about the high incidence of sexual abuse, exploitation and prostitution of children in the State party, and about the lack of a national plan to address these issues.

21. The Committee expresses its concern about the extent of domestic violence and the apparent inability of the State party to implement legislation against this phenomenon, particularly due to the lack of appropriate training of police and other law enforcement officials.

26. The Committee is concerned about the insufficiency of medical services, especially in rural areas, and the difficulties experienced by people in gaining access to health care institutions. The Committee also expresses its deep concern about the high incidence of HIV/AIDS in the State party, which is among the highest in the region, and the inadequate information provided by the State party on the measures it has taken with regard to the provision of essential drugs.

27. The Committee also expresses its concern about the problems encountered by the State party in its efforts to implement its reproductive health policy, including the distribution and use of condoms, as a result of resistance by certain religious institutions, and the fact that educational programmes often only target women. In this regard, the Committee is also concerned about the high rate of teenage pregnancy and that those girls are deprived of the opportunity to continue their education.

33. The Committee recommends that the State party recognize the economic, social and cultural rights of indigenous populations as a distinct minority group and ensure more effective protection against discrimination, especially in the field of employment, health and education.

40. The Committee urges the State party to undertake urgent measures to introduce rehabilitation programmes for street children. The Committee also urges the State party to address the issue of sexual abuse, exploitation and prostitution of children by adopting a national plan to combat the problem, including collecting relevant data and conducting a thorough study of the issue.

41. The Committee strongly recommends that the State party implement the existing legislation on domestic violence vigorously, and that police and other law enforcement officials be given better training to this end.

47. The Committee urges the State party to undertake effective measures to address the high level of persons living with HIV/AIDS, and in particular facilitate access to essential drugs, and to seek international cooperation to this effect.

48. The Committee recommends that the State party continue to implement its reproductive health policy, with a particular focus on young persons, and that it develop training programmes and counselling services in this regard for both men and women.

ICELAND
(2003)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Iceland, 23/05/2003, E/C.12/1/Add.89.

5. The Committee notes with satisfaction the adoption of new legislation on the Public Health Institute which seeks to promote public health in Iceland and to implement a National Health Policy.

6. The Committee notes with appreciation the new Act on Maternity, Paternity and Parental Leave which reconciles family life and work, provides for time for parents to devote to their children, and promotes the sharing of parental responsibilities and gender equality in the labour market.

7. The Committee welcomes the adoption of the new Act on Child Protection containing a comprehensive set of provisions and of new amended rules concerning, inter alia, measures to protect children from neglect and ill-treatment at home.

12. The Committee notes with concern that inequality between men and women continues to exist, particularly with respect to wages.

15. The Committee is concerned about the persistent problem of domestic violence in the State party and that the State party has not adopted specific legislation on this issue.

21. The Committee calls upon the State party to intensify its efforts to ensure that women and men enjoy full and equal participation in the labour market, particularly in terms of equal pay for work of equal value. In this regard, the Committee recommends that the State party review its mechanisms for obtaining statistical information so as to enable an effective assessment of the progress achieved.

25. The Committee urges the State party to adopt specific legislation on domestic violence.

(1999)

Concluding observations of the Committee on Economic, Social and Cultural Rights: Iceland, 12/05/99, E/C.12/1/Add.32.

14. The Committee is deeply concerned that juvenile violence against children is on the increase and it suggests that a possible link exists between this increase in juvenile violence in general and the increasing use of alcohol and drugs by schoolchildren and juveniles.

15. The Committee is concerned at the lack of family solidarity and the increasing resort to foster homes. It is a matter of concern that children leave their nuclear families and have to be brought up in temporary or permanent foster homes, which may give rise to problems of custody, homelessness and delinquency. It also increases the danger of this category of abandoned children falling victim to alcohol and drug addiction.

16. The Committee notes with concern that, according to information supplied by the University of Iceland, 10 per cent of the population live below the poverty line, and notes the lack of a persuasive explanation by the delegation in this regard. It notes that the problem of poverty particularly affects single parents, parents with children, farmers, students and household workers. The State party's social welfare expenditure appears to be insufficient to help those vulnerable groups, despite the State party's relative affluence and resources.

19. The Committee suggests that the State party review and strengthen its institutional arrangements, within the government administration, which are designed to ensure that its obligations under the Covenant are taken into account, at an early stage, in the Government's formulation of national policy on issues such as social welfare, housing, health and education.

20. The Committee encourages the State party to increase its social welfare expenditures so as to strengthen its health and social welfare centres around the country. The Committee recommends the development of a social indicator model of drug and alcohol abuse and its treatment. It recommends, in addition, the elaboration of educational and social programmes to deal with problems of the victims of alcohol and drug abuse on a long-term basis.

21. The Committee recommends that the State party study in greater depth the poverty situation with respect to single parents, couples with children, students, farmers and disabled pensioners, with a view to extricating them from their present financial difficulties.

22. The Committee recommends that the State party present in its next periodic report an overall government plan aimed at alleviating the difficulties of the State party's vulnerable "poverty population", as well as a progress report on its achievements in this field.

23. The Committee requests the State party to ensure the wide dissemination of its present concluding observations and to inform the Committee of steps taken to implement these recommendations in its next periodic report.

IRAQ (1997)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Iraq, 12/12/97, E/C.12/1/Add.17.

22. With respect to Article 12 of the Covenant, the Committee notes with concern that, with the destruction of parts of the infrastructure in Iraq, the non-availability of safe drinking water has led to widespread contaminated water and related health problems, such as water-borne and diarrhoeal diseases and cholera. The Committee also notes with concern that, due to food shortages and the resulting restrictions on its distribution, and to the non-availability of certain medicines, medical equipment and other Articles of personal hygiene in Iraq, the standard of physical health of the Iraqi population is declining at a rapid pace. It notes in particular that certain diseases, previously eradicated from Iraq, have reappeared, such as typhoid, infantile paralysis, tetanus, viral hepatitis, Giarda, German measles, kala-azar, undulant fever, haemorrhagic fever, croup, whooping cough, rickets, scabies, hydrocysts and rabies.

37. The Committee, while being aware that the embargo imposed on Iraq creates extremely difficult conditions with respect to the availability of food, medicines and medical Articles, recommends that the Government take all necessary measures, to the maximum extent of its available resources, to address the needs of the population, and in particular to the most vulnerable groups such as children, the elderly and nursing mothers, with respect to Article 12 of the Covenant.

IRELAND
(2002)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Ireland, 05/06/2002. E/C.12/1/Add.77.

7. The Committee also commends the State party for the legislative measures taken to combat domestic violence and to eradicate corporal punishment in schools.

15. The Committee is concerned about the persistence of discrimination against persons with physical and mental disabilities, especially in the fields of employment, social security benefits, education and health. The Committee is particularly concerned that people with disabilities, including those working in sheltered workshops, do not have the status of employees and therefore do not qualify for the minimum wage arrangements; if, however, they do benefit from minimum wage arrangements, they are liable to lose their rights to free medical care.

22. The Committee notes with regret that a human rights framework encompassing, inter alia, the principles of non-discrimination and equal access to health facilities and services, as outlined in paragraph 54 of the Committee's General Comment No. 14 on the right to health, was not embodied in the recently published National Health Strategy. The Committee also regrets the State party's failure to introduce a common waiting list for treatment in publicly funded hospital services for publicly and privately insured patients.

26. The Committee recommends that the State party conduct and complete as soon as possible a thorough review of the sheltered workshops for the disabled and consider adopting measures, legislative or otherwise, allowing people with disabilities to work with full employment status and to retain the right to free medical care.

30. Noting that a review of the Domestic Violence Act (1996) was undertaken in 1999, the Committee requests the State party to explain, in its next periodic report, the measures it has introduced in response to the review's recommendations including, but not confined to, the recommendation to develop a "domestic violence pilot intervention project".

35. The Committee recommends that the State party review the recently published National Health Strategy with a view to embracing a human rights framework in that strategy, in line with the principles of non-discrimination and equal access to health facilities and services, as outlined in paragraph 54 of General Comment No. 14. The Committee furthermore urges the State party to introduce a common waiting list for treatment in publicly funded hospitals for privately and publicly insured patients.

36. The Committee urges the State party to enact legislation that extends the constitutional right to free primary education to all adults with special educational needs.

(1999)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Ireland, 14/05/99, E/C.12/1/Add.35.

5. The Committee also welcomes the adoption of the Employment Equality Act of 1998 and the Equal Status Bill of 1998 which aim at removing several aspects of discrimination relating to, inter alia, gender, marital status, family status, sexual orientation, religion, age, disability, race, colour, nationality, national or ethnic origin and membership of the traveller community.

21. The Committee further notes with regret the relatively high rate of teenage suicide and the long waiting lists for medical services at public hospitals.

ISRAEL
(2003)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Israel, 23/05/2003, E/C.12/1/Add.90.

10. The Committee notes with appreciation the efforts undertaken by the State party to address the problem of trafficking and exploitation of persons, such as the criminalization of trafficking, increased penalties for trafficking of minors, and the enhanced cooperation between government agencies to combat trafficking with a victim-sensitive approach. 16. The Committee is deeply concerned about the continuing difference in treatment between Jews and non-Jews, in particular Arab and Bedouin communities, with regard to their enjoyment of economic, social and cultural rights in the State party's territory. The Committee reiterates its concern that the "excessive emphasis upon the State as a 'Jewish State' encourages discrimination and accords a second-class status to its non-Jewish citizens" (ibid., para. 10). This discriminatory attitude is apparent in the continuing lower standard of living of Israeli Arabs as a result, inter alia, of higher unemployment rates, restricted access to and participation in trade unions, lack of access to housing, water, electricity and health care and a lower level of education, despite the State party's efforts to close the gap. In this regard, the Committee expresses its concern that the State party's domestic legal order does not enshrine the general principles of equality and non-discrimination.

19. The Committee deeply regrets the refusal of the State party to provide in its second periodic report additional information on the living conditions of population groups other than Israeli settlers in the occupied territories as requested in its 2001 concluding observations. The Committee continues to be gravely concerned about the deplorable living conditions of the Palestinians in the occupied territories, who - as a result of the continuing occupation and subsequent measures of closures, extended curfews, roadblocks and security checkpoints - suffer from impingement of their enjoyment of economic, social and cultural rights enshrined in the Covenant, in particular access to work, land, water, health care, education and food.

23. The Committee expresses concern about the fact that the Jewish religious courts' interpretation of personal status law with respect to divorce is discriminatory as regards women, especially the regulation that allows the husband to remarry even when the wife is opposed to the divorce, whilst the same rules do not apply to the wife.

39. The Committee recommends that the State party take steps to modify the Jewish religious courts' interpretation of the law concerning divorce to ensure equality between men and women, as provided for in article 3 of the Covenant.

(1998)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Israel, 04/12/98, E/C.12/1/Add.27.

31. The Committee notes with grave concern the high incidence of domestic violence against women which is estimated at 200,000 cases per year. The Committee is concerned about the situation of non-Jewish women who are reportedly worse off in terms of living conditions, health and education. The Committee is concerned at persistent reports that the Dimona nuclear plant could pose a serious threat to the right to health and to the environment unless urgent preventive measures are undertaken.

44. The Committee urges the State party to adopt effective measures to combat domestic violence against women and to promote equal treatment of women in the field of employment, including in the Government and in education and health.

ITALY
(2004)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Italy, 14/12/2004, E/C.12/1/Add.103.

5. The Committee welcomes the measures taken by the State party to combat the phenomenon of trafficking in persons, including the adoption of Law 288/8 of August 2003 on trafficking in human beings.

10. The Committee also welcomes the fact that the National Sanitary Plan (PSN 2003 2005) has extended its coverage to illegal immigrants, so that they can receive preventive medical treatment as well as urgent and basic treatment.

22. Despite the relevant measures taken to combat domestic violence, including the adoption of Law No. 154 of April 2001 providing "measures against violence in family relations", the Committee expresses its concern about the small number of complaints lodged, especially by women.

24. Reiterating its concluding observations of May 2000 (E/C.12/1/Add.43), the Committee remains concerned about the plight of Roma immigrants living in camps with poor housing, unhygienic sanitary conditions, limited employment prospects and inadequate educational facilities for their children.

28. The Committee notes that the State party has set priority actions in relation to the incidence of new HIV/AIDS infections that are in line with WHO targets, but remains concerned that no facts and figures for these priority aims were provided.

43. The Committee recommends that the State party intensify its efforts to combat domestic violence, especially against women, and undertake information campaigns to educate the population regarding the consequences of domestic violence. The Committee requests the State party to provide information on results achieved and difficulties encountered in the implementation of the relevant legislation in its next periodic report.

49. The Committee recommends that the State party provide in its next periodic report specific benchmarks in relation to chronic diseases, old age and disability, along with disaggregated data, on a comparative basis for the entire reporting period, so as to enable the Committee to assess, in line with the Committee's General Comment No. 14, how the right to health has been realized.

50. The Committee also recommends that the State party provide in its next periodic report more detailed information on the measures taken in relation to HIV/AIDS and detailed statistics disaggregated by sex, urban/rural area, disadvantaged or marginalized group of society and other criteria mentioned in General Comment No. 14.

(2000)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Italy, 12/05/2000, E/C.12/1/Add.43. (unedited version)

3. The Committee notes with appreciation the measures taken by the State party to combat organised crime. The Committee also welcomes the adoption of the immigration bill of 1998, granting one-year residence/work permits to women who denounce their exploiters, and thecriminalization of trafficking of migrants under the Penal Code.

5. The Committee notes with appreciation the approval of Law no. 53, of March 8 2000, which recognises the right of the father, formerly only recognised for the mother, to take leave from work to care for the child during early infancy.

6. With regard to the problem of domestic violence against women, the Committee welcomes the approval of Law no. 66 of 1996, qualifying sexual violence as "a crime against the person" punishable by imprisonment.

14. While commending the State party regarding the efforts taken to combat violence against women, the Committee remains concerned that the Government has not yet devised a comprehensive, coordinated and concerted strategy to address this serious problem.

15. While also commending the State party on the many initiatives taken to combat organised crime, the Committee remains concerned by the extent of the phenomenon of trafficking of women and children, sexual abuse of minors and child pornography in Italy.

16. The Committee notes with concern that there are still substantial economic and social inequalities between the northern and southern part of the country, which impact negatively on the situation of women, young people, children and the disadvantaged and marginalised groups.

17. The Committee regretfully notes that in Italy, asylum-seekers have access to subsidised health care only in emergency situations. The Committee points out that this policy is not in compliance with the provisions of the Covenant.

18. With respect to education, the Committee notes with concern the high rate of young people dropping out of secondary education. In addition, the Committee is concerned about the phenomenon of functional illiteracy. The Committee regrets not having had a clear answer to its question on this issue during the dialogue.

23. The Committee recommends that the State party step up its efforts to improve the situation of the Roma population, inter alia by replacing camps with low-cost houses; by legalising the status of Roma immigrants; by setting up employment and educational programmes for parents; by giving support to those Roma families with children at school; by providing better education for Roma children; and by strengthening and implementing anti-discrimination legislation, especially in the employment and housing sectors.

27. The Committee recommends that the State party devise a national strategy to combat violence against women, the elements of which should include data collection, enactment of relevant legislation, training courses for and sensitising of the police forces and the judiciary, establishment of refuges for battered women and public awareness-raising campaigns.

28. The Committee recommends that the State party devise a comprehensive, coordinated and concerted national strategy to combat the trafficking in women and children, sexual abuse of minors and child pornography by organised crime.

29. The Committee recommends that the State party should seriously address the persistent problem of economic and social disparities existing between the northern and southern parts of Italy, which have a negative effect on the situation of women, young persons, children and the disadvantaged and marginalised groups.

30. The Committee recommends that the State party step up its efforts to assist those living under the poverty line, the majority of whom are women.

31. The Committee invites the State party to address, in its next periodic report, the issue of the privatisation of the costs of medication and the measures the State party is taking to combat the negative effects this may have on the health of vulnerable groups. The Committee would also like more information about the results of the latest completed National Health Plan, especially with regard to older persons and other vulnerable groups.

32. The Committee urges the State party to extend, without discrimination, the subsidised health care system to asylum-seekers.

33. The Committee recommends that the State party draw up a national strategy and plan of action to address the significant problems relating to school drop-outs and youth unemployment.

34. The Committee would like to receive information on the extent of the phenomenon of functional illiteracy in Italy.

35. With regard to the public funding of private schools, the Committee reminds the State party that any such funding must be without discrimination on any of the prohibited grounds.

JAMAICA (2001)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Jamaica, 30/11/2001, E/C.12/1/Add.75.

13. The Committee is deeply concerned about the lack of laws, policies or programmes to address explicitly the proliferation of sex tourism and its consequences which include the sexual exploitation and prostitution of women and children and the spread of sexually transmitted diseases. In particular, the Committee is alarmed that school drop-out rates have increased as young girls are induced to leave school to enter the sex trade, sometimes even with the consent and encouragement of parents who benefit from their earnings.

14. The Committee is profoundly concerned about the violence that has apparently become widespread in the State party. It is reported that over 1,000 people have been murdered in the year 2001 alone and that "tribal" politics is such that warlords rule large sections of the capital city where they are involved in extortion, drugs and prostitution. The Committee is particularly concerned that violence - including domestic and sexual violence - is committed against women of all ages and against children. According to reports from non-governmental organizations, children are regularly flogged and even threatened with weapons and child-rearing practices include corporal punishment of children in the home and in schools. The fact that these acts are committed with impunity constitutes a serious violation by the State party of its Covenant obligations.

16. The Committee is alarmed that, according to information received from United Nations organizations, HIV/AIDS is currently the leading cause of death among men and women in the 15-44 age group. The Committee is particularly concerned that the overall mortality rate for persons infected with HIV/AIDS is 60 per cent, largely because they do not have access to affordable medicines, treatment and care. The Committee is also concerned that the prevalence of HIV infection among girls in their late teens is twice that of older women according to UNAIDS, which attributes this phenomenon to young women participating in the sex tourism trade.

17. The Committee is concerned about the health of adolescents in the State party, who are at high risk of many diseases, in particular those related to sexual and reproductive health. The Committee also notes with concern the rising incidence of teenage pregnancies, leading to higher mortality rates related to abortion of unwanted pregnancies and to higher drop-out rates for girls who leave school to take care of their babies.

18. The Committee is also concerned that clandestine abortion is the cause of a large number of deaths due to infections and complications from procedures performed under unsanitary conditions by untrained personnel and that it is one of the leading factors in the high maternal mortality rate in the State party.

19. The Committee expresses particular concern about the inadequate level of State expenditure on education, accompanied by a decline in the quality of education. It is reported that recent statistics from the State party show that 40 per cent of children who complete primary education can "neither read nor write".

20. The Committee recommends that the State party take steps to amend section 24 (3) of chapter III of the Constitution to include constitutional prohibition of discrimination on the grounds of sex. The Committee further recommends that the State party consider amending the Acts enumerated in paragraph 8 above and other legal measures that are discriminatory to men as well as women.

26. The Committee recommends that the State party undertake urgently legislative and administrative measures to prohibit and penalize sex tourism and the exploitation of women and children in this regard.

27. The Committee calls upon the State party to exercise the full authority of the law and all means at its command to eradicate the scourge of violence. The Committee reminds the State party that in undertaking measures to combat violence, respect for human dignity and protection of human rights must be ensured at all times. The Committee requests the State party to provide in its third periodic report detailed information on the measures it has taken and the progress it has achieved in its efforts to eradicate all forms of violence, particularly violence against women and children.

29. The Committee strongly requests the State party to provide information in its third periodic report on the situation of HIV/AIDS in Jamaica, the legislative and administrative measures taken by the State party to address the multiple dimensions of the epidemic - prevention programmes, access to medicines, treatment and care, as well as measures to protect the population from the disease - and on the results of such measures.

30. The Committee urges the State party to ensure the provision of education on sexual and reproductive health, and to facilitate access to contraceptives by adolescents where appropriate. The Committee recommends the establishment of benchmarks in this respect, on the basis of comparative data to be discussed in the next periodic report, and refers the State party to paragraphs 57 and 58 of its general comment No. 14 on the right to health.

31. The Committee requests the State party in its next periodic report to provide detailed information based on comparative data about the problem of abortion in Jamaica and the measures, legislative or otherwise, including the review of its present legislation, it has undertaken to protect women from clandestine and unsafe abortion.

32. The Committee urges the State party to take immediate steps to address the declining quality of education, including by seeking assistance from UNESCO in this regard. The Committee refers the State party to its general comment No. 13 on the right to education.

JAPAN (2001)

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Japan, 24/09/2001, E/C.12/1/Add.67.

14. The Committee is also concerned about the persisting legal, social and institutional discrimination against children born out of wedlock, in particular as regards the curtailment of their inheritance and nationality rights.

15. The Committee expresses its concern about widespread discrimination against women and the de facto inequality that still exists between men and women in Japanese society in professional and decision-making positions, both in political representative bodies, public services and administration, and in the private sector.

16. The Committee expresses its concern regarding the persistent cases of domestic violence, sexual harassment and sexual exploitation of children, in spite of domestic legislation adopted in 2001.

26. The Committee expresses its concern that the compensation offered to wartime "comfort women" by the Asian Women's Fund, which is primarily financed through private funding, has not been deemed an acceptable measure by the women concerned.

41. The Committee urges the State party to remove the concept of "illegitimate children", which is unacceptable in a modern society, from legislation and practice, urgently to take legislative and administrative measures to eliminate all forms of discrimination against children born out of wedlock, and further to restore the Covenant rights of persons so affected (arts. 2 (2) and 10).

42. The Committee urges the State party to implement more vigorously existing legislation and to adopt new legislation with an appropriate gender perspective, with a view to ensuring greater equality of men and women, especially in the fields of employment, labour conditions, wages and representation in higher positions in political representative bodies, public services and administration.

43. The Committee recommends that the State party provide detailed information and statistical data on cases of domestic violence, sexual harassment and sexual exploitation of children. The Committee also recommends that the State party apply strictly its domestic legislation and implement effective sanctions to the persons responsible for such crimes.

53. The Committee strongly recommends that the State party find an appropriate arrangement, in consultation with the organizations representing the "comfort women", on ways and means to compensate the victims in a manner that will meet their expectations, before it is too late to do so.

61. The Committee requests the State party to provide more extensive information in its next periodic report on the following issues which could not be sufficiently dealt with in the dialogue: the rights of foreigners, including undocumented workers and apprentices, to just and favourable working conditions, social security and health services, and the rights of patients.

KENYA (1993)

Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Kenya, 03/06/93, E/C.12/1993/6.

16. Turning to Article 12 of the Covenant on the right to health, the Committee is concerned about the fact that government expenditure on health care appears to be constantly decreasing. It is also concerned that the introduction of fees for treatment in hospitals has its most negative effects on the particularly vulnerable groups and members of Kenyan society.

KUWAIT (2004)

Concluding observations of the Committee on Economic, Social and Cultural Rights: Kuwait, 07/06/2004, E/C.12/1/Add.98.

4. The Committee notes with appreciation the wide coverage of free health care in the State party.

5. The Committee welcomes the State party's efforts in the field of education, and in particular the high enrolment rates of girls and women at all levels of education.

21. The Committee is concerned about the rising incidence of trafficking in persons, especially women and children, including for the purpose of domestic work.

22. The Committee is equally concerned about the insufficient information on children born out of wedlock, submitted by the State party, and remains unclear about their legal status.

23. The Committee takes note with concern of the statement made by the delegation of the State party that abortion is allowed only when the life of the mother is endangered. The Committee is also concerned about the lack of a comprehensive sexual and reproductive health programme in the State party.

24. The Committee is concerned about the lack of statistical information on the incidence of sexually transmitted diseases, such as HIV/AIDS, in the State party.

25. The Committee is concerned that ages for admission and completion of free compulsory primary to intermediate education have not been clearly set.

26. The Committee is concerned that the State party does not provide free compulsory education to non-Kuwaiti children as a right enshrined in the Covenant.

33. The Committee urges the State party to continue to take all necessary measures to grant women the right to vote. The Committee also urges that the State party harmonize its domestic legislation with the principles and provisions of the Covenant with regard to the law on personal status and the Civil Code so as to abolish differences with regard to rights and responsibilities between women and men and to achieve full gender equality.

41. The Committee recommends that the State party take effective measures to combat trafficking in persons, especially in women and children, by ensuring, inter alia, that those responsible for trafficking are prosecuted, and to ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, of 2001. The Committee recommends that the State party establish support services for victims of trafficking and take steps to sensitize law enforcement officials and the general public to the gravity of this issue. The Committee requests the State party in its next periodic report to report on the progress made in this regard.

42. The Committee urges the State party to ensure that all children, including children born out of wedlock, are granted the same rights. The Committee requests the State party to provide in its next periodic report detailed information on the status of children born out of wedlock.

43. The Committee recommends that the State party's legislation on abortion include other motives for performing legal abortion with a view to preventing illegal abortion. The Committee also recommends that the State party develop a comprehensive sexual and reproductive health programme and report back to the Committee on this issue in its next periodic report.

44. The Committee recommends that the State party provide in its next periodic report information on the incidence of sexually transmitted diseases in the State party.

45. The Committee recommends that the State party set ages for admission to, and completion of, free compulsory primary to intermediate education. In this regard, the Committee refers the State party to its general comment No. 11 (1999) on plans of action for primary education and general comment No. 13 (1999) on the right to education.

46. The Committee urges the State party to adopt the necessary measures to ensure that non-Kuwaiti children living in Kuwait have access to free compulsory education as a right enshrined in the Covenant. In this regard, the Committee recommends that the State party provide in its next periodic report disaggregated data.

Countries cont'd >>