General Comment No. 8 (1997)./ The relationship between economic sanctions and respect for economic, social and cultural rights 1. Economic sanctions are being imposed with increasing frequency, both internationally, regionally and unilaterally. Comments on the Revision of General Comment No 10 (2007) – Children’s Rights in Juvenile Justice The Commissioner for Children and Young People (NICCY) was created in accordance with ‘The Commissioner for Children and Young People (Northern Ireland) Order’ (2003) to.
Client-Lawyer Relationship
(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9, unless
(1) the prohibition is based on a personal interest of the disqualified lawyer and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm; or
(2) the prohibition is based upon Rule 1.9(a) or (b) and arises out of the disqualified lawyer’s association with a prior firm, and
(i) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom;
(ii) written notice is promptly given to any affected former client to enable the former client to ascertain compliance with the provisions of this Rule, which shall include a description of the screening procedures employed; a statement of the firm's and of the screened lawyer's compliance with these Rules; a statement that review may be available before a tribunal; and an agreement by the firm to respond promptly to any written inquiries or objections by the former client about the screening procedures; and
(iii) certifications of compliance with these Rules and with the screening procedures are provided to the former client by the screened lawyer and by a partner of the firm, at reasonable intervals upon the former client's written request and upon termination of the screening procedures.
(b) When a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer and not currently represented by the firm, unless:
(1) the matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and
(2) any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(c) that is material to the matter.
(c) A disqualification prescribed by this rule may be waived by the affected client under the conditions stated in Rule 1.7.
(d) The disqualification of lawyers associated in a firm with former or current government lawyers is governed by Rule 1.11.
Comment | Table of Contents | Next Rule
General Recommendation No. 1 (fifth session, 1986)
Initial reports submitted under article 18 of the Convention should cover the situationup to the date of submission. Thereafter, reports should be submitted at least every fouryears after the first report was due and should include obstacles encountered inimplementing the Convention fully and the measures adopted to overcome such obstacles.
General Recommendation No. 2 (sixth session, 1987)
The Committee on the Elimination of Discrimination against Women,
Bearing in mind that the Committee had been faced with difficulties in its work becausesome initial reports of States parties under article 18 of the Convention did not reflectadequately the information available in the State party concerned in accordance with theguidelines,
Recommends:
(a) That the States parties, in preparing reports under article 18 of the Convention,should follow the general guidelines adopted in August 1983 (CEDAW/C/7) 1as to the form, content and date of reports;
(b) That the States parties should follow the general recommendation adopted in 1986 inthese terms: 2
'Initial reports submitted under article 18 of the Convention should cover thesituation up to the date of submission. Thereafter, reports should be submitted at leastevery four years after the first report was due and should include obstacles encounteredin implementing the Convention fully and the measures adopted to overcome suchobstacles.'3
(c) That additional information supplementing the report of a State party should besent to the Secretariat at least three months before the session at which the report isdue to be considered.
General Recommendation No. 3 (sixth session, 1987)
The Committee on the Elimination of Discrimination against Women,
Considering that the Committee on the Elimination of Discrimination against Women hasconsidered 34 reports from States parties since 1983,
Further considering that, although the reports have come from States with differentlevels of development, they present features in varying degrees showing the existence ofstereotyped conceptions of women, owing to socio-cultural factors, that perpetuatediscrimination based on sex and hinder the implementation of article 5 of the Convention,
Urges all States parties effectively to adopt education and public informationprogrammes, which will help eliminate prejudices and current practices that hinder thefull operation of the principle of the social equality of women.
General Recommendation No. 4 (sixth session, 1987)
The Committee on the Elimination of Discrimination against Women,
Having examined reports from States parties at its sessions,
Expressing concern in relation to the significant number of reservations that appearedto be incompatible with the object and purpose of the Convention,
Welcomes the decision of the States parties to consider reservations at its nextmeeting in New York in 1988, and to that end suggests that all States parties concernedreconsider such reservations with a view to withdrawing them.
General Recommendation No. 5 (seventh session, 1988)
Temporary Special Measures
The Committee on the Elimination of Discrimination against Women,
Taking note that the reports, the introductory remarks and the replies by Statesparties reveal that while significant progress has been achieved in regard to repealing ormodifying discriminatory laws, there is still a need for action to be taken to implementfully the Convention by introducing measures to promote de facto equality between men andwomen,
Recalling article 4.1 of the Convention,
Recommends that States Parties make more use of temporary special measures such aspositive action, preferential treatment or quota systems to advance women's integrationinto education, the economy, politics and employment.
General Recommendation No. 6 (seventh session, 1988)
Effective National Machinery and Publicity
The Committee on the Elimination of Discrimination against Women,
Having considered the reports of States parties to the Convention on the Elimination ofAll Forms of Discrimination against Women,
Noting United Nations General Assembly resolution 42/60 of 30 November 1987,
Recommends that States parties:
1. Establish and/or strengthen effective national machinery, institutions andprocedures, at a high level of Government, and with adequate resources, commitment andauthority to:
(a) Advise on the impact on women of all government policies;
(b) Monitor the situation of women comprehensively;
(c) Help formulate new policies and effectively carry out strategies and measures toeliminate discrimination;
2. Take appropriate steps to ensure the dissemination of the Convention, the reports ofthe States parties under article 18 and the reports of the Committee in the language ofthe States concerned;
3. Seek the assistance of the Secretary-General and the Department of PublicInformation in providing translations of the Convention and the reports of the Committee;
4. Include in their initial and periodic reports the action taken in respect of thisrecommendation.
General Recommendation No. 7 (seventh session, 1988)
Resources
The Committee on the Elimination of Discrimination against Women,
Noting General Assembly resolutions 40/39, 41/108 and in particular 42/60, paragraph14, which invited the Committee and the States parties to consider the question of holdingfuture sessions of the Committee at Vienna,
Bearing in mind resolution 42/105 and, in particular paragraph 11, which requests theSecretary-General to strengthen co-ordination between the United Nations Centre for HumanRights and the Centre for Social Development and Humanitarian Affairs of the Secretariatin relation to the implementation of human rights treaties and servicing treaty bodies,
Recommends to the States parties:
1. That they continue to support proposals for strengthening the co-ordination betweenthe Centre for Human Rights at Geneva and the Centre for Social Development andHumanitarian Affairs at Vienna, in relation to the servicing of the Committee;
2. That they support proposals that the Committee meet in New York and Vienna;
3. That they take all necessary and appropriate steps to ensure that adequate resourcesand services are available to the Committee to assist it in its functions under theConvention and in particular that full-time staff are available to help the Committee toprepare for its sessions and during its session;
4. That they ensure that supplementary reports and materials are submitted to theSecretariat in due time to be translated into the official languages of the United Nationsin time for distribution and consideration by the Committee.
General Recommendation No. 8 (seventh session, 1988)
Implementation of article 8 of the Convention
The Committee on the Elimination of Discrimination against Women,
Having considered the reports of States parties submitted in accordance with article 18of the Convention,
Recommends that States parties take further direct measures in accordance with article4 of the Convention to ensure the full implementation of article 8 of the Convention andto ensure to women on equal terms with men and without any discrimination theopportunities to represent their Government at the international level and to participatein the work of international organizations.
General Recommendation No. 9 (eighth session, 1989)
Statistical data concerning the situation of women
The Committee on the Elimination of Discrimination against Women,
Considering that statistical information is absolutely necessary in order to understandthe real situation of women in each of the States parties to the Convention,
Having observed that many of the States parties that present their reports forconsideration by the Committee do not provide statistics,
Recommends that States parties should make every effort to ensure that their nationalstatistical services responsible for planning national censuses and other social andeconomic surveys formulate their questionnaires in such a way that data can bedisaggregated according to gender, with regard to both absolute numbers and percentages,so that interested users can easily obtain information on the situation of women in theparticular sector in which they are interested.
General Recommendation No. 10 (eighth session, 1989)
Tenth anniversary of the adoption of the Convention on the Elimination of All Forms ofDiscrimination against Women
The Committee on the Elimination of Discrimination against Women,
Considering that 18 December 1989 marks the tenth anniversary of the adoption of theConvention on the Elimination of All Forms of Discrimination against Women,
Considering further that in those 10 years the Convention has proved to be one of themost effective instruments that the United Nations has adopted to promote equality betweenthe sexes in the societies of its States Members,
Recalling general recommendation No. 6 (seventh session, 1988) on effective nationalmachinery and publicity,
Recommends that, on the occasion of the tenth anniversary of the adoption of theConvention, the States parties should consider:
1. Undertaking programmes including conferences and seminars to publicize theConvention on the Elimination of All Forms of Discrimination against Women in the mainlanguages of and providing information on the Convention in their respective countries;
2. Inviting their national women's organizations to cooperate in the publicitycampaigns regarding the Convention and its implementation and encouraging non-governmentalorganizations at the national, regional and international levels to publicize theConvention and its implementation;
3. Encouraging action to ensure the full implementation of the principles of theConvention, and in particular article 8, which relates to the participation of women atall levels of activity of the United Nations and the United Nations system;
4. Requesting the Secretary-General to commemorate the tenth anniversary of theadoption of the Convention by publishing and disseminating, in co-operation with thespecialized agencies, printed and other materials regarding the Convention and itsimplementation in all official languages of the United Nations, preparing televisiondocumentaries about the Convention, and making the necessary resources available to theDivision for the Advancement of Women, Centre for Social Development and HumanitarianAffairs of the United Nations Office at Vienna, to prepare an analysis of the informationprovided by States parties in order to update and publish the report of the Committee
(A/CONF.116/13), which was first published for the World Conference to Review andAppraise the Achievements of the United Nations Decade for Women: Equality, Developmentand Peace, held at Nairobi in 1985.
General Recommendation No. 11 (eighth session, 1989)
Technical advisory services for reporting obligations
The Committee on the Elimination of Discrimination against Women,
Bearing in mind that, as at 3 March 1989, 96 States had ratified the Convention on theElimination of All Forms of Discrimination against Women,
Taking into account the fact that by that date 60 initial and 19 second periodicreports had been received,
Noting that 36 initial and 36 second periodic reports were due by 3 March 1989 and hadnot yet been received,
Welcoming the request in General Assembly resolution 43/115, paragraph 9, that theSecretary-General should arrange, within existing resources and taking into account thepriorities of the programme of advisory services, further training courses for thosecountries experiencing the most serious difficulties in meeting their reportingobligations under international instruments on human rights,
Recommends to States parties that they should encourage, support and co-operate inprojects for technical advisory services, including training seminars, to assist Statesparties on their request in fulfilling their reporting obligations under article 18 of theConvention.
General Recommendation No. 12 (eighth session, 1989)
Violence against women
The Committee on the Elimination of Discrimination against Women,
Considering that articles 2, 5, 11, 12 and 16 of the Convention require the Statesparties to act to protect women against violence of any kind occurring within the family,at the work place or in any other area of social life,
Taking into account Economic and Social Council resolution 1988/27,
Recommends to the States parties that they should include in their periodic reports tothe Committee information about:
1. The legislation in force to protect women against the incidence of all kinds ofviolence in everyday life (including sexual violence, abuses in the family, sexualharassment at the work place etc.);
2. Other measures adopted to eradicate this violence;
3. The existence of support services for women who are the victims of aggression orabuses;
4. Statistical data on the incidence of violence of all kinds against women and onwomen who are the victims of violence.
General Recommendation No. 13 (eighth session, 1989)
Equal remuneration for work of equal value
The Committee on the Elimination of Discrimination against Women,
Recalling International Labour Organization Convention No. 100 concerning EqualRemuneration for Men and Women Workers for Work of Equal Value, which has been ratified bya large majority of States parties to the Convention on the Elimination of All Forms ofDiscrimination against Women,
Recalling also that it has considered 51 initial and five second periodic reports ofStates parties since 1983,
Considering that although reports of States parties indicate that, even though theprinciple of equal remuneration for work of equal value has been accepted in thelegislation of many countries, more remains to be done to ensure the application of thatprinciple in practice, in order to overcome the gender- segregation in the labour market,
Recommends to the States parties to the Convention on the Elimination of All Forms ofDiscrimination against Women that:
1. In order to implement fully the Convention on the Elimination of All forms ofDiscrimination of against Women, those States parties that have not yet ratified ILOConvention No. 100 should be encouraged to do so;
2. They should consider the study, development and adoption of job evaluation systemsbased on gender-neutral criteria that would facilitate the comparison of the value ofthose jobs of a different nature, in which women presently predominate, with those jobs inwhich men presently predominate, and they should include the results achieved in theirreports to the Committee on the Elimination of Discrimination against Women;
3. They should support, as far as practicable, the creation of implementation machineryand encourage the efforts of the parties to collective agreements, where they apply, toensure the application of the principle of equal remuneration for work of equal value.
General Recommendation No. 14 (ninth session, 1990)
Female circumcision
The Committee on the Elimination of Discrimination against Women,
Concerned about the continuation of the practice of female circumcision and othertraditional practices harmful to the health of women,
Noting with satisfaction that Governments, where such practices exist, national women'sorganizations, non-governmental organizations, and bodies of the United Nations system,such as the World Health Organization and the United Nations Children's Fund, as well asthe Commission on Human Rights and its Sub- Commission on Prevention of Discrimination andProtection of Minorities, remain seized of the issue having particularly recognized thatsuch traditional practices as female circumcision have serious health and otherconsequences for women and children,
Taking note with interest the study of the Special Rapporteur on Traditional PracticesAffecting the Health of Women and Children,4 and of the study of theSpecial Working Group on Traditional Practices, 5
Recognizing that women are taking important action themselves to identify and to combatpractices that are prejudicial to the health and well-being of women and children,
Convinced that the important action that is being taken by women and by all interestedgroups needs to be supported and encourage by Governments,
Noting with grave concern that there are continuing cultural, traditional and economicpressures which help to perpetuate harmful practices, such as female circumcision,
Recommends that States parties:
(a) Take appropriate and effective measures with a view to eradicating the practice offemale circumcision. Such measures could include:
(i) The collection and dissemination by universities, medical or nursing associations,national women's organizations or other bodies of basic data about such traditionalpractices;
(ii) The support of women's organizations at the national and local levels working forthe elimination of female circumcision and other practices harmful to women;
(iii) The encouragement of politicians, professionals, religious and community leadersat all levels, including the media and the arts, to co-operate in influencing attitudestowards the eradication of female circumcision;
(iv) The introduction of appropriate educational and training programmes and seminarsbased on research findings about the problems arising from female circumcision;
(b) Include in their national health policies appropriate strategies aimed ateradicating female circumcision in public health care. Such strategies could include thespecial responsibility of health personnel, including traditional birth attendants, toexplain the harmful effects of female circumcision;
(c) Invite assistance, information and advice from the appropriate organizations of theUnited Nations system to support and assist efforts being deployed to eliminate harmfultraditional practices;
(d) Include in their reports to the Committee under articles 10 and 12 of theConvention on the Elimination of All Forms of Discrimination against Women informationabout measures taken to eliminate female circumcision.
General Recommendation No. 15 (ninth session, 1990)
Avoidance of discrimination against women in national strategies for the prevention andcontrol of acquired immunodeficiency syndrome (AIDS)
The Committee on the Elimination of Discrimination against Women,
Having considered information brought to its attention on the potential effects of boththe global pandemic of acquired immunodeficiency syndrome (AIDS) and strategies to controlit on the exercise of the rights of women,
Having regard to the reports and materials prepared by the World Health Organizationand other United Nations organizations, organs and bodies in relation to humanimmunodeficiency virus (HIV), and, in particular, the note by the Secretary-General to theCommission on the Status of Women on the effects of AIDS on the advancement of women 6 and the Final Document of the International Consultation on AIDS and HumanRights, held at Geneva from 26 to 28 July 1989, 7
Noting World Health Assembly resolution WHA 41.24 on the avoidance of discrimination inrelation to HIV-infected people and people with AIDS of 13 May 1988, resolution 1989/11 ofthe Commission on Human Rights on non-discrimination in the field of health, of 2 March1989, and in particular the Paris Declaration on Women, Children and AIDS, of 30 November1989,
Noting that the World Health Organization has announced that the theme of World AidsDay, 1 December 1990, will be 'Women and Aids',
Recommends:
(a) That States parties intensify efforts in disseminating information to increasepublic awareness of the risk of HIV infection and AIDS, especially in women and children,and of its effects on them;
(b) That programmes to combat AIDS should give special attention to the rights andneeds of women and children, and to the factors relating to the reproductive role of womenand their subordinate position in some societies which make them especially vulnerable toHIV infection;
(c) That States parties ensure the active participation of women in primary health careand take measures to enhance their role as care providers, health workers and educators inthe prevention of infection with HIV;
(d) That all States parties include in their reports under article 12 of the Conventioninformation on the effects of AlDS on the situation of women and on the action taken tocater to the needs of those women who are infected and to prevent specific discriminationagainst women in response to AIDS.
General Recommendation No. 16 (tenth session, 1991)
Unpaid women workers in rural and urban family enterprises
The Committee on the Elimination of Discrimination against Women,
Bearing in mind articles 2 (c) and 11 (c), (d) and (e) of the Convention on theElimination of All Forms of Discrimination against Women and general recommendation No. 9(eighth session, 1989) on statistical data concerning the situation of women,
Taking into consideration that a high percentage of women in the States parties workwithout payment, social security and social benefits in enterprises owned usually by amale member of the family,
Noting that the reports presented to the Committee on the Elimination of Discriminationagainst Women generally do not refer to the problem of unpaid women workers of familyenterprises,
Affirming that unpaid work constitutes a form of women's exploitation that is contraryto the Convention,
Recommends that States parties:
(a) Include in their reports to the Committee information on the legal and socialsituation of unpaid women working in family enterprises;
(b) Collect statistical data on women who work without payment, social security andsocial benefits in enterprises owned by a family member, and include these data in theirreport to the Committee;
(c) Take the necessary steps to guarantee payment, social security and social benefitsfor women who work without such benefits in enterprises owned by a family member.
General Recommendation No. 17 (tenth session, 1991)
Measurement and quantification of the unremunerated domestic activities of women andtheir recognition in the gross national product
The Committee on the Elimination of Discrimination against Women,
Bearing in mind article 11 of the Convention on the Elimination of All Forms ofDiscrimination against Women,
Recalling paragraph 120 of the Nairobi Forward-looking Strategies for the Advancementof Women, 8
Affirming that the measurement and quantification of the unremunerated domesticactivities of women, which contribute to development in each country, will help to revealthe de facto economic role of women,
Convinced that such measurement and quantification offers a basis for the formulationof further policies related to the advancement of women,
Noting the discussions of the Statistical Commission, at its twenty-fifth session, onthe current revision of the System of National Accounts on the development of statisticson women,
Recommends that States parties:
(a) Encourage and support research and experimental studies to measure and value theunremunerated domestic activities of women; for example, by conducting time-use surveys aspart of their national household survey programmes and by collecting statisticsdisaggregated by gender on time spent on activities both in the household and on thelabour market;
(b) Take steps, in accordance with the provisions of the Convention on the Eliminationof All Forms of Discrimination against Women and the Nairobi Forward-looking Strategiesfor the Advancement of Women, to quantify and include the unremunerated domesticactivities of women in the gross national product;
(c) Include in their reports submitted under article 18 of the Convention informationon the research and experimental studies undertaken to measure and value unremunerateddomestic activities, as well as on the progress made in the incorporation of theunremunerated domestic activities of women in national accounts.
General Recommendation No. 18 (tenth session, 1991)
Disabled women
The Committee on the Elimination of Discrimination against Women,
Taking into consideration particularly article 3 of the Convention on the Eliminationof All Forms of Discrimination against Women,
Having considered more than 60 periodic reports of States parties, and havingrecognized that they provide scarce information on disabled women,
Concerned about the situation of disabled women, who suffer from a doublediscrimination linked to their special living conditions,
Recalling paragraph 296 of the Nairobi Forward-looking Strategies for the Advancementof Women, 9 in which disabled women are considered as a vulnerable groupunder the heading 'areas of special concern',
Affirming its support for the World Programme of Action concerning Disabled Persons(1982), 10
Recommends that States parties provide information on disabled women in their periodicreports, and on measures taken to deal with their particular situation, including specialmeasures to ensure that they have equal access to education and employment, healthservices and social security, and to ensure that they can participate in all areas ofsocial and cultural life.
General Recommendation No. 19 (llth session, 1992)
Violence against women
Background
1. Gender-based violence is a form of discrimination that seriously inhibits women'sability to enjoy rights and freedoms on a basis of equality with men.
2. In 1989, the Committee recommended that States should include in their reportsinformation on violence and on measures introduced to deal with it (General recommendation12, eighth session).
3. At its tenth session in 1991, it was decided to allocate part of the eleventhsession to a discussion and study on article 6 and other articles of the Conventionrelating to violence towards women and the sexual harassment and exploitation of women.That subject was chosen in anticipation of the 1993 World Conference on Human Rights,convened by the General Assembly by its resolution 45/155 of 18 December 1990.
4. The Committee concluded that not all the reports of States parties adequatelyreflected the close connection between discrimination against women, gender-basedviolence, and violations of human rights and fundamental freedoms. The full implementationof the Convention required States to take positive measures to eliminate all forms ofviolence against women.
5. The Committee suggested to States parties that in reviewing their laws and policies,and in reporting under the Convention, they should have regard to the following commentsof the Committee concerning gender-based violence.
General comments
6. The Convention in article 1 defines discrimination against women. The definition ofdiscrimination includes gender-based violence, that is, violence that is directed againsta woman because she is a woman or that affects women disproportionately. It includes actsthat inflict physical, mental or sexual harm or suffering, threats of such acts, coercionand other deprivations of liberty. Gender-based violence may breach specific provisions ofthe Convention, regardless of whether those provisions expressly mention violence.
7. Gender-based violence, which impairs or nullifies the enjoyment by women of humanrights and fundamental freedoms under general international law or under human rightsconventions, is discrimination within the meaning of article 1 of the Convention. Theserights and freedoms include:
(a) The right to life;
(b) The right not to be subject to torture or to cruel, inhuman or degrading treatmentor punishment;
(c) The right to equal protection according to humanitarian norms in time ofinternational or internal armed conflict;
(d) The right to liberty and security of person;
(e) The right to equal protection under the law;
(f) The right to equality in the family;
(g) The right to the highest standard attainable of physical and mental health;
(h) The right to just and favourable conditions of work.
8. The Convention applies to violence perpetrated by public authorities. Such acts ofviolence may breach that State's obligations under general international human rights lawand under other conventions, in addition to breaching this Convention.
9. It is emphasized, however, that discrimination under the Convention is notrestricted to action by or on behalf of Governments (see articles 2(e), 2(f) and 5). Forexample, under article 2(e) the Convention calls on States parties to take all appropriatemeasures to eliminate discrimination against women by any person, organization orenterprise. Under general international law and specific human rights covenants, Statesmay also be responsible for private acts if they fail to act with due diligence to preventviolations of rights or to investigate and punish acts of violence, and for providingcompensation.
Comments on specific articles of the Convention
Articles 2 and 3
10. Articles 2 and 3 establish a comprehensive obligation to eliminate discriminationin all its forms in addition to the specific obligations under articles 5-16.
Articles 2(f), 5 and 10(c)
11. Traditional attitudes by which women are regarded as subordinate to men or ashaving stereotyped roles perpetuate widespread practices involving violence or coercion,such as family violence and abuse, forced marriage, dowry deaths, acid attacks and femalecircumcision. Such prejudices and practices may justify gender-based violence as a form ofprotection or control of women. The effect of such violence on the physical and mentalintegrity of women is to deprive them the equal enjoyment, exercise and knowledge of humanrights and fundamental freedoms. While this comment addresses mainly actual or threatenedviolence the underlying consequences of these forms of gender-based violence help tomaintain women in subordinate roles and contribute to the low level of politicalparticipation and to their lower level of education, skills and work opportunities.
12. These attitudes also contribute to the propagation of pornography and the depictionand other commercial exploitation of women as sexual objects, rather than as individuals.This in turn contributes to gender-based violence.
Article 6
13. States parties are required by article 6 to take measures to suppress all forms oftraffic in women and exploitation of the prostitution of women.
14. Poverty and unemployment increase opportunities for trafficking in women. Inaddition to established forms of trafficking there are new forms of sexual exploitation,such as sex tourism, the recruitment of domestic labour from developing countries to workin developed countries and organized marriages between women from developing countries andforeign nationals. These practices are incompatible with the equal enjoyment of rights bywomen and with respect for their rights and dignity. They put women at special risk ofviolence and abuse.
15. Poverty and unemployment force many women, including young girls, intoprostitution. Prostitutes are especially vulnerable to violence because their status,which may be unlawful, tends to marginalize them. They need the equal protection of lawsagainst rape and other forms of violence.
16. Wars, armed conflicts and the occupation of territories often lead to increasedprostitution, trafficking in women and sexual assault of women, which require specificprotective and punitive measures.
Article 11
17. Equality in employment can be seriously impaired when women are subjected togender-specific violence, such as sexual harassment in the workplace.
18. Sexual harassment includes such unwelcome sexually determined behaviour as physicalcontact and advances, sexually coloured remarks, showing pornography and sexual demand,whether by words or actions. Such conduct can be humiliating and may constitute a healthand safety problem; it is discriminatory when the woman has reasonable grounds to believethat her objection would disadvantage her in connection with her employment, includingrecruitment or promotion, or when it creates a hostile working environment.
Article 12
19. States parties are required by article 12 to take measures to ensure equal accessto health care. Violence against women puts their health and lives at risk.
20. In some States there are traditional practices perpetuated by culture and traditionthat are harmful to the health of women and children. These practices include dietaryrestrictions for pregnant women, preference for male children and female circumcision orgenital mutilation.
Article 14
21. Rural women are at risk of gender-based violence because traditional attitudesregarding the subordinate role of women that persist in many rural communities. Girls fromrural communities are at special risk of violence and sexual exploitation when they leavethe rural community to seek employment in towns.
Article 16 (and article 5)
22. Compulsory sterilization or abortion adversely affects women's physical and mentalhealth, and infringes the right of women to decide on the number and spacing of theirchildren.
23. Family violence is one of the most insidious forms of violence against women. It isprevalent in all societies. Within family relationships women of all ages are subjected toviolence of all kinds, including battering, rape, other forms of sexual assault, mentaland other forms of violence, which are perpetuated by traditional attitudes. Lack ofeconomic independence forces many women to stay in violent relationships. The abrogationof their family responsibilities by men can be a form of violence, and coercion. Theseforms of violence put women's health at risk and impair their ability to participate infamily life and public life on a basis of equality.
Specific recommendation
24. In light of these comments, the Committee on the Elimination of Discriminationagainst Women recommends that:
(a) States parties should take appropriate and effective measures to overcome all formsof gender-based violence, whether by public or private act;
(b) States parties should ensure that laws against family violence and abuse, rape,sexual assault and other gender-based violence give adequate protection to all women, andrespect their integrity and dignity. Appropriate protective and support services should beprovided for victims. Gender-sensitive training of judicial and law enforcement officersand other public officials is essential for the effective implementation of theConvention;
(c) States parties should encourage the compilation of statistics and research on theextent, causes and effects of violence, and on the effectiveness of measures to preventand deal with violence;
(d) Effective measures should be taken to ensure that the media respect and promoterespect for women;
(e) States parties in their reports should identify the nature and extent of attitudes,customs and practices that perpetuate violence against women and the kinds of violencethat result. They should report on the measures that they have undertaken to overcomeviolence and the effect of those measures;
(f) Effective measures should be taken to overcome these attitudes and practices.States should introduce education and public information programmes to help eliminateprejudices that hinder women's equality (recommendation No. 3, 1987);
(g) Specific preventive and punitive measures are necessary to overcome trafficking andsexual exploitation;
(h) States parties in their reports should describe the extent of all these problemsand the measures, including penal provisions, preventive and rehabilitation measures thathave been taken to protect women engaged in prostitution or subject to trafficking andother forms of sexual exploitation. The effectiveness of these measures should also bedescribed;
(i) Effective complaints procedures and remedies, including compensation, should beprovided;
(j) States parties should include in their reports information on sexual harassment,and on measures to protect women from sexual harassment and other forms of violence ofcoercion in the workplace;
(k) States parties should establish or support services for victims of family violence,rape, sexual assault and other forms of gender-based violence, including refuges,specially trained health workers, rehabilitation and counselling;
(l) States parties should take measures to overcome such practices and should takeaccount of the Committee's recommendation on female circumcision (recommendation No. 14)in reporting on health issues;
(m) States parties should ensure that measures are taken to prevent coercion in regardto fertility and reproduction, and to ensure that women are not forced to seek unsafemedical procedures such as illegal abortion because of lack of appropriate services inregard to fertility control;
(n) States parties in their reports should state the extent of these problems andshould indicate the measures that have been taken and their effect;
(o) States parties should ensure that services for victims of violence are accessibleto rural women and that where necessary special services are provided to isolatedcommunities;
(p) Measures to protect them from violence should include training and employmentopportunities and the monitoring of the employment conditions of domestic workers;
(q) States parties should report on the risks to rural women, the extent and nature ofviolence and abuse to which they are subject, their need for and access to support andother services and the effectiveness of measures to overcome violence;
(r) Measures that are necessary to overcome family violence should include:
(i) Criminal penalties where necessary and civil remedies in cases of domesticviolence;
(ii) Legislation to remove the defence of honour in regard to the assault or murder ofa female family member;
(iii) Services to ensure the safety and security of victims of family violence,including refuges, counselling and rehabilitation programmes;
(iv) Rehabilitation programmes for perpetrators of domestic violence;
(v) Support services for families where incest or sexual abuse has occurred;
(s) States parties should report on the extent of domestic violence and sexual abuse,and on the preventive, punitive and remedial measures that have been taken;
(t) States parties should take all legal and other measures that are necessary toprovide effective protection of women against gender-based violence, including, interalia:
(i) Effective legal measures, including penal sanctions, civil remedies andcompensatory provisions to protect women against all kinds of violence, including interalia violence and abuse in the family, sexual assault and sexual harassment in theworkplace;
(ii) Preventive measures, including public information and education programmes tochange attitudes concerning the roles and status of men and women;
(iii) Protective measures, including refuges, counselling, rehabilitation and supportservices for women who are the victims of violence or who are at risk of violence;
(u) States parties should report on all forms of gender-based violence, and suchreports should include all available data on the incidence of each form of violence and onthe effects of such violence on the women who are victims;
(v) The reports of States parties should include information on the legal, preventiveand protective measures that have been taken to overcome violence against women, and onthe effectiveness of such measures.
General Recommendation No. 20 (11th session, 1992)
Reservations to the Convention
1. The Committee recalled the decision of the fourth meeting of States parties onreservations to the Convention with regard to article 28.2, which was welcomed in Generalrecommendation No. 4 of the Committee.
2. The Committee recommended that, in connection with preparations for the WorldConference on Human Rights in 1993, States parties should:
(a) Raise the question of the validity and the legal effect of reservations to theConvention in the context of reservations to other human rights treaties;
(b) Reconsider such reservations with a view to strengthening the implementation of allhuman rights treaties;
(c) Consider introducing a procedure on reservations to the Convention comparable withthat of other human rights treaties.
General Recommendation No. 21 (13th session, 1994)
Equality in marriage and family relations
1. The Convention on the Elimination of All Forms of Discrimination against Women(General Assembly resolution 34/180, annex) affirms the equality of human rights for womenand men in society and in the family. The Convention has an important place amonginternational treaties concerned with human rights.
2. Other conventions and declarations also confer great significance on the family andwoman's status within it. These include the Universal Declaration of Human Rights (GeneralAssembly resolution 217/A (III)), the International Covenant on Civil and Political Rights(resolution 2200 A (XXI), annex), the Convention on the Nationality of Married Women(resolution 1040 (XI), annex), the Convention on Consent to Marriage, Minimum Age forMarriage and Registration of Marriages (resolution 1763 A (XVII), annex) and thesubsequent Recommendation thereon (resolution 2018 (XX)) and the Nairobi Forward-lookingStrategies for the Advancement of Women. 11
3. The Convention on the Elimination of All Forms of Discrimination against Womenrecalls the inalienable rights of women which are already embodied in the above-mentionedconventions and declarations, but it goes further by recognizing the importance of cultureand tradition in shaping the thinking and behaviour of men and women and the significantpart they play in restricting the exercise of basic rights by women.
Background
4. The year 1994 has been designated by the General Assembly in its resolution 44/82 asthe International Year of the Family. The Committee wishes to take the opportunity tostress the significance of compliance with women's basic rights within the family as oneof the measures which will support and encourage the national celebrations that will takeplace.
5. Having chosen in this way to mark the International Year of the Family, theCommittee wishes to analyze three articles in the Convention that have specialsignificance for the status of women in the family:
Article 9
1. States parties shall grant women equal rights with men to acquire, change or retaintheir nationality. They shall ensure in particular that neither marriage to an alien norchange of nationality by the husband during marriage shall automatically change thenationality of the wife, render her stateless or force upon her the nationality of thehusband.
2. States parties shall grant women equal rights with men with respect to thenationality of their children.
Comment
6. Nationality is critical to full participation in society. In general, States confernationality on those who are born in that country. Nationality can also be acquired byreason of settlement or granted for humanitarian reasons such as statelessness. Withoutstatus as nationals or citizens, women are deprived of the right to vote or to stand forpublic office and may be denied access to public benefits and a choice of residence.Nationality should be capable of change by an adult woman and should not be arbitrarilyremoved because of marriage or dissolution of marriage or because her husband or fatherchanges his nationality.
Article 15
1. States parties shall accord to women equality with men before the law.
2. States parties shall accord to women, in civil matters, a legal capacity identicalto that of men and the same opportunities to exercise that capacity. In particular, theyshall give women equal rights to conclude contracts and to administer property and shalltreat them equally in all stages of procedure in courts and tribunals.
3. States parties agree that all contracts and all other private instruments of anykind with a legal effect which is directed at restricting the legal capacity of womenshall be deemed null and void.
4. States parties shall accord to men and women the same rights with regard to the lawrelating to the movement of persons and the freedom to choose their residence anddomicile.
Comment
7. When a woman cannot enter into a contract at all, or have access to financialcredit, or can do so only with her husband's or a male relative's concurrence orguarantee, she is denied legal autonomy. Any such restriction prevents her from holdingproperty as the sole owner and precludes her from the legal management of her own businessor from entering into any other form of contract. Such restrictions seriously limit thewoman's ability to provide for herself and her dependents.
8. A woman's right to bring litigation is limited in some countries by law or by heraccess to legal advice and her ability to seek redress from the courts. In others, herstatus as a witness or her evidence is accorded less respect or weight than that of a man.Such laws or customs limit the woman's right effectively to pursue or retain her equalshare of property and diminish her standing as an independent, responsible and valuedmember of her community. When countries limit a woman's legal capacity by their laws, orpermit individuals or institutions to do the same, they are denying women their rights tobe equal with men and restricting women's ability to provide for themselves and theirdependents.
9. Domicile is a concept in common law countries referring to the country in which aperson intends to reside and to whose jurisdiction she will submit. Domicile is originallyacquired by a child through its parents but, in adulthood, denotes the country in which aperson normally resides and in which she intends to reside permanently. As in the case ofnationality, the examination of States parties' reports demonstrates that a woman will notalways be permitted at law to choose her own domicile. Domicile, like nationality, shouldbe capable of change at will by an adult woman regardless of her marital status. Anyrestrictions on a woman's right to choose a domicile on the same basis as a man may limither access to the courts in the country in which she lives or prevent her from enteringand leaving a country freely and in her own right.
10. Migrant women who live and work temporarily in another country should be permittedthe same rights as men to have their spouses, partners and children join them.
Article 16
1. States parties shall take all appropriate measures to eliminate discriminationagainst women in all matters relating to marriage and family relations and in particularshall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only with theirfree and full consent;
(c) The same rights and responsibilities during marriage and at its dissolution;
(d) The same rights and responsibilities as parents, irrespective of their maritalstatus, in matters relating to their children; in all cases the interests of the childrenshall be paramount;
(e) The same rights to decide freely and responsibly on the number and spacing of theirchildren and to have access to the information, education and means to enable them toexercise these rights;
(f) The same rights and responsibilities with regard to guardianship, wardship,trusteeship and adoption of children, or similar institutions where these concepts existin national legislation; in all cases the interests of the children shall be paramount;
(g) The same personal rights as husband and wife, including the right to choose afamily name, a profession and an occupation;
(h) The same rights for both spouses in respect of the ownership, acquisition,management, administration, enjoyment and disposition of property, whether free of chargeor for a valuable consideration.
2. The betrothal and the marriage of a child shall have no legal effect, and allnecessary action, including legislation, shall be taken to specify a minimum age formarriage and to make the registration of marriages in an official registry compulsory.
Comment
Public and private life
11. Historically, human activity in public and private life has been viewed differentlyand regulated accordingly. In all societies women who have traditionally performed theirroles in the private or domestic sphere have long had those activities treated asinferior.
12. As such activities are invaluable for the survival of society, there can be nojustification for applying different and discriminatory laws or customs to them. Reportsof States parties disclose that there are still countries where de jure equality does notexist. Women are thereby prevented from having equal access to resources and from enjoyingequality of status in the family and society. Even where de jure equality exists, allsocieties assign different roles, which are regarded as inferior, to women. In this way,principles of justice and equality contained in particular in article 16 and also inarticles 2, 5 and 24 of the Convention are being violated.
Various forms of family
13. The form and concept of the family can vary from State to State, and even betweenregions within a State. Whatever form it takes, and whatever the legal system, religion,custom or tradition within the country, the treatment of women in the family both at lawand in private must accord with the principles of equality and justice for all people, asarticle 2 of the Convention requires.
Polygamous marriages
14. States parties' reports also disclose that polygamy is practised in a number ofcountries. Polygamous marriage contravenes a woman's right to equality with men, and canhave such serious emotional and financial consequences for her and her dependents thatsuch marriages ought to be discouraged and prohibited. The Committee notes with concernthat some States parties, whose constitutions guarantee equal rights, permit polygamousmarriage in accordance with personal or customary law. This violates the constitutionalrights of women, and breaches the provisions of article 5 (a) of the Convention.
Article 16 (1) (a) and (b)
15. While most countries report that national constitutions and laws comply with theConvention, custom, tradition and failure to enforce these laws in reality contravene theConvention.
16. A woman's right to choose a spouse and enter freely into marriage is central to herlife and to her dignity and equality as a human being. An examination of States parties'reports discloses that there are countries which, on the basis of custom, religiousbeliefs or the ethnic origins of particular groups of people, permit forced marriages orremarriages. Other countries allow a woman's marriage to be arranged for payment orpreferment and in others women's poverty forces them to marry foreign nationals forfinancial security. Subject to reasonable restrictions based for example on woman's youthor consanguinity with her partner, a woman's right to choose when, if, and whom she willmarry must be protected and enforced at law.
Article 16 (1) (c)
17. An examination of States parties' reports discloses that many countries in theirlegal systems provide for the rights and responsibilities of married partners by relyingon the application of common law principles, religious or customary law, rather than bycomplying with the principles contained in the Convention. These variations in law andpractice relating to marriage have wide-ranging consequences for women, invariablyrestricting their rights to equal status and responsibility within marriage. Suchlimitations often result in the husband being accorded the status of head of household andprimary decision maker and therefore contravene the provisions of the Convention.
18. Moreover, generally a de facto union is not given legal protection at all. Womenliving in such relationships should have their equality of status with men both in familylife and in the sharing of income and assets protected by law. Such women should shareequal rights and responsibilities with men for the care and raising of dependent childrenor family members.
Article 16 (1) (d) and (f)
19. As provided in article 5 (b), most States recognize the shared responsibility ofparents for the care, protection and maintenance of children. The principle that 'thebest interests of the child shall be the paramount consideration', has been includedin the Convention on the Rights of the Child (General Assembly resolution 44/25, annex)and seems now to be universally accepted. However, in practice, some countries do notobserve the principle of granting the parents of children equal status, particularly whenthey are not married. The children of such unions do not always enjoy the same status asthose born in wedlock and, where the mothers are divorced or living apart, many fathersfail to share the responsibility of care, protection and maintenance of their children.
20. The shared rights and responsibilities enunciated in the Convention should beenforced at law and as appropriate through legal concepts of guardianship, wardship,trusteeship and adoption. States parties should ensure that by their laws both parents,regardless of their marital status and whether they live with their children or not, shareequal rights and responsibilities for their children.
Article 16 (1) (e)
21. The responsibilities that women have to bear and raise children affect their rightof access to education, employment and other activities related to their personaldevelopment. They also impose inequitable burdens of work on women. The number and spacingof their children have a similar impact on women's lives and also affect their physicaland mental health, as well as that of their children. For these reasons, women areentitled to decide on the number and spacing of their children.
22. Some reports disclose coercive practices which have serious consequences for women,such as forced pregnancies, abortions or sterilization. Decisions to have children or not,while preferably made in consultation with spouse or partner, must not nevertheless belimited by spouse, parent, partner or Government. In order to make an informed decisionabout safe and reliable contraceptive measures, women must have information aboutcontraceptive measures and their use, and guaranteed access to sex education and familyplanning services, as provided in article 10 (h) of the Convention.
23. There is general agreement that where there are freely available appropriatemeasures for the voluntary regulation of fertility, the health, development and well-beingof all members of the family improves. Moreover, such services improve the general qualityof life and health of the population, and the voluntary regulation of population growthhelps preserve the environment and achieve sustainable economic and social development.
Article 16 (1) (g)
24. A stable family is one which is based on principles of equity, justice andindividual fulfilment for each member. Each partner must therefore have the right tochoose a profession or employment that is best suited to his or her abilities,qualifications and aspirations, as provided in article 11 (a) and (c) of the Convention.Moreover, each partner should have the right to choose his or her name, thereby preservingindividuality and identity in the community and distinguishing that person from othermembers of society. When by law or custom a woman is obliged to change her name onmarriage or at its dissolution, she is denied these rights.
Article 16 (1) (h)
25. The rights provided in this article overlap with and complement those in article 15(2) in which an obligation is placed on States to give women equal rights to enter intoand conclude contracts and to administer property.
26. Article 15 (l) guarantees women equality with men before the law. The right to own,manage, enjoy and dispose of property is central to a woman's right to enjoy financialindependence, and in many countries will be critical to her ability to earn a livelihoodand to provide adequate housing and nutrition for herself and for her family.
27. In countries that are undergoing a programme of agrarian reform or redistributionof land among groups of different ethnic origins, the right of women, regardless ofmarital status, to share such redistributed land on equal terms with men should becarefully observed.
28. In most countries, a significant proportion of the women are single or divorced andmany have the sole responsibility to support a family. Any discrimination in the divisionof property that rests on the premise that the man alone is responsible for the support ofthe women and children of his family and that he can and will honourably discharge thisresponsibility is clearly unrealistic. Consequently, any law or custom that grants men aright to a greater share of property at the end of a marriage or de facto relationship, oron the death of a relative, is discriminatory and will have a serious impact on a woman'spractical ability to divorce her husband, to support herself or her family and to live indignity as an independent person.
29. All of these rights should be guaranteed regardless of a woman's marital status.
Marital property
30. There are countries that do not acknowledge that right of women to own an equalshare of the property with the husband during a marriage or de facto relationship and whenthat marriage or relationship ends. Many countries recognize that right, but the practicalability of women to exercise it may be limited by legal precedent or custom.
31. Even when these legal rights are vested in women, and the courts enforce them,property owned by a woman during marriage or on divorce may be managed by a man. In manyStates, including those where there is a community-property regime, there is no legalrequirement that a woman be consulted when property owned by the parties during marriageor de facto relationship is sold or otherwise disposed of. This limits the woman's abilityto control disposition of the property or the income derived from it.
32. In some countries, on division of marital property, greater emphasis is placed onfinancial contributions to property acquired during a marriage, and other contributions,such as raising children, caring for elderly relatives and discharging household dutiesare diminished. Often, such contributions of a non-financial nature by the wife enable thehusband to earn an income and increase the assets. Financial and non-financialcontributions should be accorded the same weight.
33. In many countries, property accumulated during a de facto relationship is nottreated at law on the same basis as property acquired during marriage. Invariably, if therelationship ends, the woman receives a significantly lower share than her partner.Property laws and customs that discriminate in this way against married or unmarried womenwith or without children should be revoked and discouraged.
Inheritance
34. Reports of States parties should include comment on the legal or customaryprovisions relating to inheritance laws as they affect the status of women as provided inthe Convention and in Economic and Social Council resolution 884 D (XXXIV), in which theCouncil recommended that States ensure that men and women in the same degree ofrelationship to a deceased are entitled to equal shares in the estate and to equal rank inthe order of succession. That provision has not been generally implemented.
35. There are many countries where the law and practice concerning inheritance andproperty result in serious discrimination against women. As a result of this uneventreatment, women may receive a smaller share of the husband's or father's property at hisdeath than would widowers and sons. In some instances, women are granted limited andcontrolled rights and receive income only from the deceased's property. Often inheritancerights for widows do not reflect the principles of equal ownership of property acquiredduring marriage. Such provisions contravene the Convention and should be abolished.
Article 16 (2)
36. In the Vienna Declaration and Programme of Action 12 adopted bythe World Conference on Human Rights, held at Vienna from 14 to 25 June 1993, States areurged to repeal existing laws and regulations and to remove customs and practices whichdiscriminate against and cause harm to the girl child. Article 16 (2) and the provisionsof the Convention on the Rights of the Child preclude States parties from permitting orgiving validity to a marriage between persons who have not attained their majority. In thecontext of the Convention on the Rights of the Child, 'a child means every humanbeing below the age of eighteen years unless, under the law applicable to the child,majority is attained earlier'. Notwithstanding this definition, and bearing in mindthe provisions of the Vienna Declaration, the Committee considers that the minimum age formarriage should be 18 years for both man and woman. When men and women marry, they assumeimportant responsibilities. Consequently, marriage should not be permitted before theyhave attained full maturity and capacity to act. According to the World HealthOrganization, when minors, particularly girls, marry and have children, their health canbe adversely affected and their education is impeded. As a result their economic autonomyis restricted.
37. This not only affects women personally but also limits the development of theirskills and independence and reduces access to employment, thereby detrimentally affectingtheir families and communities.
38. Some countries provide for different ages for marriage for men and women. As suchprovisions assume incorrectly that women have a different rate of intellectual developmentfrom men, or that their stage of physical and intellectual development at marriage isimmaterial, these provisions should be abolished. In other countries, the betrothal ofgirls or undertakings by family members on their behalf is permitted. Such measurescontravene not only the Convention, but also a woman's right freely to choose her partner.
39. States parties should also require the registration of all marriages whethercontracted civilly or according to custom or religious law. The State can thereby ensurecompliance with the Convention and establish equality between partners, a minimum age formarriage, prohibition of bigamy and polygamy and the protection of the rights of children.
Recommendations
Violence against women
40. In considering the place of women in family life, the Committee wishes to stressthat the provisions of General Recommendation 19 (eleventh session) 13concerning violence against women have great significance for women's abilities to enjoyrights and freedoms on an equal basis with men. States parties are urged to comply withthat general recommendation to ensure that, in both public and family life, women will befree of the gender-based violence that so seriously impedes their rights and freedoms asindividuals.
Reservations
41. The Committee has noted with alarm the number of States parties which have enteredreservations to the whole or part of article 16, especially when a reservation has alsobeen entered to article 2, claiming that compliance may conflict with a commonly heldvision of the family based, inter alia, on cultural or religious beliefs or on thecountry's economic or political status.
42. Many of these countries hold a belief in the patriarchal structure of a familywhich places a father, husband or son in a favourable position. In some countries wherefundamentalist or other extremist views or economic hardships have encouraged a return toold values and traditions, women's place in the family has deteriorated sharply. Inothers, where it has been recognized that a modern society depends for its economicadvance and for the general good of the community on involving all adults equally,regardless of gender, these taboos and reactionary or extremist ideas have progressivelybeen discouraged.
43. Consistent with articles 2, 3 and 24 in particular, the Committee requires that allStates parties gradually progress to a stage where, by its resolute discouragement ofnotions of the inequality of women in the home, each country will withdraw itsreservation, in particular to articles 9, 15 and 16 of the Convention.
44. States parties should resolutely discourage any notions of inequality of women andmen which are affirmed by laws, or by religious or private law or by custom, and progressto the stage where reservations, particularly to article 16, will be withdrawn.
45. The Committee noted, on the basis of its examination of initial and subsequentperiodic reports, that in some States parties to the Convention that had ratified oracceded without reservation, certain laws, especially those dealing with family, do notactually conform to the provisions of the Convention.
46. Their laws still contain many measures which discriminate against women based onnorms, customs and socio-cultural prejudices. These States, because of their specificsituation regarding these articles, make it difficult for the Committee to evaluate andunderstand the status of women.
47. The Committee, in particular on the basis of articles l and 2 of the Convention,requests that those States parties make the necessary efforts to examine the de factosituation relating to the issues and to introduce the required measures in their nationallegislations still containing provisions discriminatory to women.
Reports 48. Assisted by the comments in the present general recommendation, in theirreports States parties should:
(a) Indicate the stage that has been reached in the country's progress to removal ofall reservations to the Convention, in particular reservations to article 16;
(b) Set out whether their laws comply with the principles of articles 9, 15 and 16 andwhere, by reason of religious or private law or custom, compliance with the law or withthe Convention is impeded.
Legislation
49. States parties should, where necessary to comply with the Convention, in particularin order to comply with articles 9, 15 and 16, enact and enforce legislation.
Encouraging compliance with the Convention
50. Assisted by the comments in the present general recommendation, and as required byarticles 2, 3 and 24, States parties should introduce measures directed at encouragingfull compliance with the principles of the Convention, particularly where religious orprivate law or custom conflict with those principles.
General Recommendation No. 22 (14th session, 1995)
Amending article 10 of the Convention
The Committee on the Elimination of Discrimination against Women,
Noting that the States parties to the Convention on the Elimination of All Forms ofDiscrimination against Women, at the request of the General Assembly, will meet during1995 to consider amending article 20 of the Convention,
Recalling its previous decision, taken at its tenth session, to ensure effectiveness inits work and prevent the building up of an undesirable backlog in the consideration ofreports of States parties,
Recalling that the Convention is one of the international human rights instruments thathas been ratified by the largest number of States parties,
Considering that the articles of the Convention address the fundamental human rights ofwomen in all aspects of their daily lives and in all areas of society and the State,
Concerned about the workload of the Committee as a result of the growing number ofratifications, in addition to the backlog of reports pending consideration, as reflectedin annex I,
Concerned also about the long lapse of time between the submission of reports of Statesparties and their consideration, resulting in the need for States to provide additionalinformation for updating their reports,
Bearing in mind that the Committee on the Elimination of Discrimination against Womenis the only human rights treaty body whose meeting time is limited by its Convention, andthat it has the shortest duration of meeting time of all the human rights treaty bodies,as reflected in annex II,
Noting that the limitation on the duration of sessions, as contained in the Convention,has become a serious obstacle to the effective performance by the Committee of itsfunctions under the Convention,
1. Recommends that the States parties favourably consider amending article 20 of theConvention in respect of the meeting time of the Committee, so as to allow it to meetannually for such duration as is necessary for the effective performance of its functionsunder the Convention, with no specific restriction except for that which the GeneralAssembly shall decide;
2. Recommends also that the General Assembly, pending the completion of an amendmentprocess, authorize the Committee to meet exceptionally in 1996 for two sessions, each ofthree weeks' duration and each being preceded by pre-session working groups;
3. Recommends further that the meeting of States parties receive an oral report fromthe chairperson of the Committee on the difficulties faced by the Committee in performingits functions;
4. Recommends that the Secretary-General make available to the States parties at theirmeeting all relevant information on the workload of the Committee and comparativeinformation in respect of the other human rights treaty bodies.
General Recommendation No. 23 (16th session, 1997)
Article 7 (political and public life)
States Parties shall take all appropriate measures to eliminate discrimination againstwomen in the political and public life of the country and, in particular, shall ensure towomen, on equal terms with men, the right:
(a) To vote in all elections and public referenda and to be eligible for election toall publicly elected bodies;
(b) To participate in the formulation of government policy and the implementationthereof and to hold public office and perform all public functions at all levels ofgovernment;
(c) To participate in non-governmental organizations and associations concerned withthe public and political life of the country.
Background
1. The Convention on the Elimination of All Forms of Discrimination against Womenplaces special importance on the participation of women in the public life of theircountries. The preamble to the Convention states in part:
'Recalling that discrimination against women violates the principles of equalityof rights and respect for human dignity, is an obstacle to the participation of women, onequal terms with men, in the political, social, economic and cultural life of theircountries, hampers the growth of the prosperity of society and the family and makes moredifficult the full development of the potentialities of women in the service of theircountries and of humanity'.
2. The Convention further reiterates in its preamble the importance of women'sparticipation in decision-making as follows:
'Convinced that the full and complete development of a country, the welfare of theworld and the cause of peace require the maximum participation of women on equal termswith men in all fields'.
3. Moreover, in article 1 of the Convention, the term 'discrimination againstwomen' is interpreted to mean:
'any distinction, exclusion or restriction made on the basis of sex which has theeffect or purpose of impairing or nullifying the recognition, enjoyment or exercise bywomen, irrespective of their marital status, on a basis of equality of men and women, ofhuman rights and fundamental freedoms in the political, economic, social, cultural, civilor any other field'.
4. Other conventions, declarations and international analyses place great importance onthe participation of women in public life and have set a framework of internationalstandards of equality. These include the Universal Declaration of Human Rights,14 the International Covenant on Civil and Political Rights,15the Convention on the Political Rights of Women,16 the ViennaDeclaration,17 paragraph 13 of the Beijing Declaration and Platform forAction,18 general recommendations 5 and 8 under the Convention,19 general comment 25 adopted by the Human Rights Committee,20the recommendation adopted by the Council of the European Union on balanced participationof women and men in the decision-making process21 and the EuropeanCommission's 'How to Create a Gender Balance in Political Decision-making'.22
5. Article 7 obliges States parties to take all appropriate measures to eliminatediscrimination against women in political and public life and to ensure that they enjoyequality with men in political and public life. The obligation specified in article 7extends to all areas of public and political life and is not limited to those areasspecified in subparagraphs (a), (b) and (c). The political and public life of a country isa broad concept. It refers to the exercise of political power, in particular the exerciseof legislative, judicial, executive and administrative powers. The term covers all aspectsof public administration and the formulation and implementation of policy at theinternational, national, regional and local levels. The concept also includes many aspectsof civil society, including public boards and local councils and the activities oforganizations such as political parties, trade unions, professional or industryassociations, women's organizations, community-based organizations and other organizationsconcerned with public and political life.
6. The Convention envisages that, to be effective, this equality must be achievedwithin the framework of a political system in which each citizen enjoys the right to voteand be elected at genuine periodic elections held on the basis of universal suffrage andby secret ballot, in such a way as to guarantee the free expression of the will of theelectorate, as provided for under international human rights instruments, such as article21 of the Universal Declaration of Human Rights and article 25 of the InternationalCovenant on Civil and Political Rights.
7. The Convention's emphasis on the importance of equality of opportunity and ofparticipation in public life and decision-making has led the Committee to review article 7and to suggest to States parties that in reviewing their laws and policies and inreporting under the Convention, they should take into account the comments andrecommendations set out below.
Comments
8. Public and private spheres of human activity have always been considered distinct,and have been regulated accordingly. Invariably, women have been assigned to the privateor domestic sphere, associated with reproduction and the raising of children, and in allsocieties these activities have been treated as inferior. By contrast, public life, whichis respected and honoured, extends to a broad range of activity outside the private anddomestic sphere. Men historically have both dominated public life and exercised the powerto confine and subordinate women within the private sphere.
9. Despite women's central role in sustaining the family and society and theircontribution to development, they have been excluded from political life and thedecision-making process, which nonetheless determine the pattern of their daily lives andthe future of societies. Particularly in times of crisis, this exclusion has silencedwomen's voices and rendered invisible their contribution and experiences.
10. In all nations, the most significant factors inhibiting women's ability toparticipate in public life have been the cultural framework of values and religiousbeliefs, the lack of services and men's failure to share the tasks associated with theorganization of the household and with the care and raising of children. In all nations,cultural traditions and religious beliefs have played a part in confining women to theprivate spheres of activity and excluding them from active participation in public life.
11. Relieving women of some of the burdens of domestic work would allow them to engagemore fully in the life of their communities. Women's economic dependence on men oftenprevents them from making important political decisions and from participating actively inpublic life. Their double burden of work and their economic dependence, coupled with thelong or inflexible hours of both public and political work, prevent women from being moreactive.
12. Stereotyping, including that perpetrated by the media, confines women in politicallife to issues such as the environment, children and health, and excludes them fromresponsibility for finance, budgetary control and conflict resolution. The low involvementof women in the professions from which politicians are recruited can create anotherobstacle. In countries where women leaders do assume power this can be the result of theinfluence of their fathers, husbands or male relatives rather than electoral success intheir own right.
Political systems
13. The principle of equality of women and men has been affirmed in the constitutionsand laws of most countries and in all international instruments. Nonetheless, in the last50 years, women have not achieved equality, and their inequality has been reinforced bytheir low level of participation in public and political life. Policies developed anddecisions made by men alone reflect only part of human experience and potential. The justand effective organization of society demands the inclusion and participation of all itsmembers.
14. No political system has conferred on women both the right to and the benefit offull and equal participation. While democratic systems have improved women's opportunitiesfor involvement in political life, the many economic, social and cultural barriers theycontinue to face have seriously limited their participation. Even historically stabledemocracies have failed to integrate fully and equally the opinions and interests of thefemale half of the population. Societies in which women are excluded from public life anddecision-making cannot be described as democratic. The concept of democracy will have realand dynamic meaning and lasting effect only when political decision-making is shared bywomen and men and takes equal account of the interests of both. The examination of Statesparties' reports shows that where there is full and equal participation of women in publiclife and decision-making, the implementation of their rights and compliance with theConvention improves.
Temporary special measures
15. While removal of de jure barriers is necessary, it is not sufficient. Failure toachieve full and equal participation of women can be unintentional and the result ofoutmoded practices and procedures which inadvertently promote men. Under article 4, theConvention encourages the use of temporary special measures in order to give full effectto articles 7 and 8. Where countries have developed effective temporary strategies in anattempt to achieve equality of participation, a wide range of measures has beenimplemented, including recruiting, financially assisting and training women candidates,amending electoral procedures, developing campaigns directed at equal participation,setting numerical goals and quotas and targeting women for appointment to public positionssuch as the judiciary or other professional groups that play an essential part in theeveryday life of all societies. The formal removal of barriers and the introduction oftemporary special measures to encourage the equal participation of both men and women inthe public life of their societies are essential prerequisites to true equality inpolitical life. In order, however, to overcome centuries of male domination of the publicsphere, women also require the encouragement and support of all sectors of society toachieve full and effective participation, encouragement which must be led by Statesparties to the Convention, as well as by political parties and public officials. Statesparties have an obligation to ensure that temporary special measures are clearly designedto support the principle of equality and therefore comply with constitutional principleswhich guarantee equality to all citizens.
Summary
16. The critical issue, emphasized in the Beijing Platform for Action,23is the gap between the de jure and de facto, or the right as against the reality ofwomen's participation in politics and public life generally. Research demonstrates that ifwomen's participation reaches 30 to 35 per cent (generally termed a 'criticalmass'), there is a real impact on political style and the content of decisions, andpolitical life is revitalized.
17. In order to achieve broad representation in public life, women must have fullequality in the exercise of political and economic power; they must be fully and equallyinvolved in decision-making at all levels, both nationally and internationally, so thatthey may make their contribution to the goals of equality, development and the achievementof peace. A gender perspective is critical if these goals are to be met and if truedemocracy is to be assured. For these reasons, it is essential to involve women in publiclife to take advantage of their contribution, to assure their interests are protected andto fulfil the guarantee that the enjoyment of human rights is for all people regardless ofgender. Women's full participation is essential not only for their empowerment but alsofor the advancement of society as a whole.
The right to vote and to be elected (article 7, para. (a))
18. The Convention obliges States parties in constitutions or legislation to takeappropriate steps to ensure that women, on the basis of equality with men, enjoy the rightto vote in all elections and referendums, and to be elected. These rights must be enjoyedboth de jure and de facto.
19. The examination of the reports of States parties demonstrates that, while almostall have adopted constitutional or other legal provisions that grant to both women and menthe equal right to vote in all elections and public referendums, in many nations womencontinue to experience difficulties in exercising this right.
20. Factors which impede these rights include the following:
(a) Women frequently have less access than men to information about candidates andabout party political platforms and voting procedures, information which Governments andpolitical parties have failed to provide. Other important factors that inhibit women'sfull and equal exercise of their right to vote include their illiteracy, their lack ofknowledge and understanding of political systems or about the impact that politicalinitiatives and policies will have upon their lives. Failure to understand the rights,responsibilities and opportunities for change conferred by franchise also means that womenare not always registered to vote;
(b) Women's double burden of work, as well as financial constraints, will limit women'stime or opportunity to follow electoral campaigns and to have the full freedom to exercisetheir vote;
(c) In many nations, traditions and social and cultural stereotypes discourage womenfrom exercising their right to vote. Many men influence or control the votes of women bypersuasion or direct action, including voting on their behalf. Any such practices shouldbe prevented;2
(d) Other factors that in some countries inhibit women's involvement in the public orpolitical lives of their communities include restrictions on their freedom of movement orright to participate, prevailing negative attitudes towards women's politicalparticipation, or a lack of confidence in and support for female candidates by theelectorate. In addition, some women consider involvement in politics to be distasteful andavoid participation in political campaigns.
21. These factors at least partially explain the paradox that women, who represent halfof all electorates, do not wield their political power or form blocs which would promotetheir interests or change government, or eliminate discriminatory policies.
22. The system of balloting, the distribution of seats in Parliament, the choice ofdistrict, all have a significant impact on the proportion of women elected to Parliament.Political parties must embrace the principles of equal opportunity and democracy andendeavour to balance the number of male and female candidates.
23. The enjoyment of the right to vote by women should not be subject to restrictionsor conditions that do not apply to men or that have a disproportionate impact on women.For example, limiting the right to vote to persons who have a specified level ofeducation, who possess a minimum property qualification or who are literate is not onlyunreasonable, it may violate the universal guarantee of human rights. It is also likely tohave a disproportionate impact on women, thereby contravening the provisions of theConvention.
The right to participate in formulation of government policy (article 7, para. (b))
24. The participation of women in government at the policy level continues to be low ingeneral. Although significant progress has been made and in some countries equality hasbeen achieved, in many countries women's participation has actually been reduced.
25. Article 7 (b) also requires States parties to ensure that women have the right toparticipate fully in and be represented in public policy formulation in all sectors and atall levels. This would facilitate the mainstreaming of gender issues and contribute agender perspective to public policy-making.
26. States parties have a responsibility, where it is within their control, both toappoint women to senior decision-making roles and, as a matter of course, to consult andincorporate the advice of groups which are broadly representative of women's views andinterests.
27. States parties have a further obligation to ensure that barriers to women's fullparticipation in the formulation of government policy are identified and overcome. Thesebarriers include complacency when token women are appointed, and traditional and customaryattitudes that discourage women's participation. When women are not broadly represented inthe senior levels of government or are inadequately or not consulted at all, governmentpolicy will not be comprehensive and effective.
28. While States parties generally hold the power to appoint women to senior cabinetand administrative positions, political parties also have a responsibility to ensure thatwomen are included in party lists and nominated for election in areas where they have alikelihood of electoral success. States parties should also endeavour to ensure that womenare appointed to government advisory bodies on an equal basis with men and that thesebodies take into account, as appropriate, the views of representative women's groups. Itis the Government's fundamental responsibility to encourage these initiatives to lead andguide public opinion and change attitudes that discriminate against women or discouragewomen's involvement in political and public life.
29. Measures that have been adopted by a number of States parties in order to ensureequal participation by women in senior cabinet and administrative positions and as membersof government advisory bodies include: adoption of a rule whereby, when potentialappointees are equally qualified, preference will be given to a woman nominee; theadoption of a rule that neither sex should constitute less than 40 per cent of the membersof a public body; a quota for women members of cabinet and for appointment to publicoffice; and consultation with women's organizations to ensure that qualified women arenominated for membership in public bodies and offices and the development and maintenanceof registers of such women in order to facilitate the nomination of women for appointmentto public bodies and posts. Where members are appointed to advisory bodies upon thenomination of private organizations, States parties should encourage these organizationsto nominate qualified and suitable women for membership in these bodies.
The right to hold public office and to perform all public functions (article 7, para.(b))
30. The examination of the reports of States parties demonstrates that women areexcluded from top-ranking positions in cabinets, the civil service and in publicadministration, in the judiciary and in justice systems. Women are rarely appointed tothese senior or influential positions and while their numbers may in some States beincreasing at the lower levels and in posts usually associated with the home or thefamily, they form only a tiny minority in decision-making positions concerned witheconomic policy or development, political affairs, defence, peacemaking missions, conflictresolution or constitutional interpretation and determination.
31. Examination of the reports of States parties also demonstrates that in certaincases the law excludes women from exercising royal powers, from serving as judges inreligious or traditional tribunals vested with jurisdiction on behalf of the State or fromfull participation in the military. These provisions discriminate against women, deny tosociety the advantages of their involvement and skills in these areas of the life of theircommunities and contravene the principles of the Convention.
The right to participate in non-governmental and public and political organizations(article 7, para. (c))
32. An examination of the reports of States parties demonstrates that, on the fewoccasions when information concerning political parties is provided, women areunder-represented or concentrated in less influential roles than men. As political partiesare an important vehicle in decision-making roles, Governments should encourage politicalparties to examine the extent to which women are full and equal participants in theiractivities and, where this is not the case, should identify the reasons for this.Political parties should be encouraged to adopt effective measures, including theprovision of information, financial and other resources, to overcome obstacles to women'sfull participation and representation and ensure that women have an equal opportunity inpractice to serve as party officials and to be nominated as candidates for election.
33. Measures that have been adopted by some political parties include setting aside forwomen a certain minimum number or percentage of positions on their executive bodies,ensuring that there is a balance between the number of male and female candidatesnominated for election, and ensuring that women are not consistently assigned to lessfavourable constituencies or to the least advantageous positions on a party list. Statesparties should ensure that such temporary special measures are specifically permittedunder anti-discrimination legislation or other constitutional guarantees of equality.
34. Other organizations such as trade unions and political parties have an obligationto demonstrate their commitment to the principle of gender equality in theirconstitutions, in the application of those rules and in the composition of theirmemberships with gender-balanced representation on their executive boards so that thesebodies may benefit from the full and equal participation of all sectors of society andfrom contributions made by both sexes. These organizations also provide a valuabletraining ground for women in political skills, participation and leadership, as donon-governmental organizations (NGOs).
Article 8 (international level)
States Parties shall take all appropriate measures to ensure to women, on equal termswith men and without any discrimination, the opportunity to represent their Governments atthe international level and to participate in the work of international organizations.
Comments
35. Under article 8, Governments are obliged to ensure the presence of women at alllevels and in all areas of international affairs. This requires that they be included ineconomic and military matters, in both multilateral and bilateral diplomacy, and inofficial delegations to international and regional conferences.
36. From an examination of the reports of States parties, it is evident that women aregrossly under-represented in the diplomatic and foreign services of most Governments, andparticularly at the highest ranks. Women tend to be assigned to embassies of lesserimportance to the country's foreign relations and in some cases women are discriminatedagainst in terms of their appointments by restrictions pertaining to their marital status.In other instances spousal and family benefits accorded to male diplomats are notavailable to women in parallel positions. Opportunities for women to engage ininternational work are often denied because of assumptions about their domesticresponsibilities, including that the care of family dependants will prevent them acceptingappointment.
37. Many permanent missions to the United Nations and to other internationalorganizations have no women among their diplomats and very few at senior levels. Thesituation is similar at expert meetings and conferences that establish international andglobal goals, agendas and priorities. Organizations of the United Nations system andvarious economic, political and military structures at the regional level have becomeimportant international public employers, but here, too, women have remained a minorityconcentrated in lower-level positions.
38. There are few opportunities for women and men, on equal terms, to representGovernments at the international level and to participate in the work of internationalorganizations. This is frequently the result of an absence of objective criteria andprocesses for appointment and promotion to relevant positions and official delegations.
39. The globalization of the contemporary world makes the inclusion of women and theirparticipation in international organizations, on equal terms with men, increasinglyimportant. The integration of a gender perspective and women's human rights into theagenda of all international bodies is a government imperative. Many crucial decisions onglobal issues, such as peacemaking and conflict resolution, military expenditure andnuclear disarmament, development and the environment, foreign aid and economicrestructuring, are taken with limited participation of women. This is in stark contrast totheir participation in these areas at the non-governmental level.
40. The inclusion of a critical mass of women in international negotiations,peacekeeping activities, all levels of preventive diplomacy, mediation, humanitarianassistance, social reconciliation, peace negotiations and the international criminaljustice system will make a difference. In addressing armed or other conflicts, a genderperspective and analysis is necessary to understand their differing effects on women andmen.24
RECOMMENDATIONS
Articles 7 and 8
41. States parties should ensure that their constitutions and legislation comply withthe principles of the Convention, and in particular with articles 7 and 8.
42. States parties are under an obligation to take all appropriate measures, includingthe enactment of appropriate legislation that complies with their Constitution, to ensurethat organizations such as political parties and trade unions, which may not be subjectdirectly to obligations under the Convention, do not discriminate against women andrespect the principles contained in articles 7 and 8.
43. States parties should identify and implement temporary special measures to ensurethe equal representation of women in all fields covered by articles 7 and 8.
44. States parties should explain the reason for, and effect of, any reservations toarticles 7 or 8 and indicate where the reservations reflect traditional, customary orstereotyped attitudes towards women's roles in society, as well as the steps being takenby the States parties to change those attitudes. States parties should keep the necessityfor such reservations under close review and in their reports include a timetable fortheir removal.
Article 7
45. Measures that should be identified, implemented and monitored for effectivenessinclude, under article 7, paragraph (a), those designed to:
(a) Achieve a balance between women and men holding publicly elected positions;
(b) Ensure that women understand their right to vote, the importance of this right andhow to exercise it;
(c) Ensure that barriers to equality are overcome, including those resulting fromilliteracy, language, poverty and impediments to women's freedom of movement;
(d) Assist women experiencing such disadvantages to exercise their right to vote and tobe elected.
46. Under article 7, paragraph (b), such measures include those designed to ensure:
(a) Equality of representation of women in the formulation of government policy;
(b) Women's enjoyment in practice of the equal right to hold public office;
(c) Recruiting processes directed at women that are open and subject to appeal.
47. Under article 7, paragraph (c), such measures include those designed to:
(a) Ensure that effective legislation is enacted prohibiting discrimination againstwomen;
(b) Encourage non-governmental organizations and public and political associations toadopt strategies that encourage women's representation and participation in their work.
48. When reporting under article 7, States parties should:
(a) Describe the legal provisions that give effect to the rights contained in article7;
(b) Provide details of any restrictions to those rights, whether arising from legalprovisions or from traditional, religious or cultural practices;
(c) Describe the measures introduced and designed to overcome barriers to the exerciseof those rights;
(d) Include statistical data, disaggregated by sex, showing the percentage of womenrelative to men who enjoy those rights;
(e) Describe the types of policy formulation, including that associated withdevelopment programmes, in which women participate and the level and extent of theirparticipation;
(f) Under article 7, paragraph (c), describe the extent to which women participate innon-governmental organizations in their countries, including in women's organizations;
(g) Analyse the extent to which the State party ensures that those organizations areconsulted and the impact of their advice on all levels of government policy formulationand implementation;
(h) Provide information concerning, and analyse factors contributing to, theunder-representation of women as members and officials of political parties, trade unions,employers organizations and professional associations.
Article 8
49. Measures which should be identified, implemented and monitored for effectivenessinclude those designed to ensure a better gender balance in membership of all UnitedNations bodies, including the Main Committees of the General Assembly, the Economic andSocial Council and expert bodies, including treaty bodies, and in appointments toindependent working groups or as country or special rapporteurs.
50. When reporting under article 8, States parties should:
(a) Provide statistics, disaggregated by sex, showing the percentage of women in theirforeign service or regularly engaged in international representation or in work on behalfof the State, including membership in government delegations to international conferencesand nominations for peacekeeping or conflict resolution roles, and their seniority in therelevant sector;
(b) Describe efforts to establish objective criteria and processes for appointment andpromotion of women to relevant positions and official delegations;
(c) Describe steps taken to disseminate widely information on the Government'sinternational commitments affecting women and official documents issued by multilateralforums, in particular, to both governmental and non-governmental bodies responsible forthe advancement of women;
(d) Provide information concerning discrimination against women because of theirpolitical activities, whether as individuals or as members of women's or otherorganizations.
General Recommendation No. 24 (20th session, 1999)
(article 12 : Women and health)
Introduction
1. The Committee on the Elimination of Discrimination against Women,affirming that access to health care, including reproductive health is a basic right underthe Convention on the Elimination of Discrimination against Women, determined at its 20thsession, pursuant to article 21, to elaborate a general recommendation on article 12 ofthe Convention.
Background
2. States parties' compliance with article 12 of the Convention iscentral to the health and well-being of women. It requires States to eliminatediscrimination against women in their access to health care services, throughout the lifecycle, particularly in the areas of family planning, pregnancy, confinement and during thepost-natal period. The examination of reports submitted by States parties pursuant toarticle 18 of the Convention demonstrates that women's health is an issue that isrecognized as a central concern in promoting the health and well-being of women. For thebenefit of States parties and those who have a particular interest in and concern with theissues surrounding women's health, the present general recommendation seeks to elaboratethe Committee's understanding of article 12 and to address measures to eliminatediscrimination in order to realize the right of women to the highest attainable standardof health.
3. Recent United Nations world conferences have also considered theseobjectives. In preparing this general recommendation, the Committee has taken into accountrelevant programmes of action adopted at United Nations world conferences and, inparticular, those of the 1993 World Conference on Human Rights, the 1994 InternationalConference on Population and Development and the 1995 Fourth World Conference on Women.The Committee has also noted the work of the World Health Organization (WHO), the UnitedNations Population Fund (UNFPA) and other United Nations bodies. It has also collaboratedwith a large number of non-governmental organizations with a special expertise in women'shealth in preparing this general recommendation.
4. The Committee notes the emphasis which other United Nationsinstruments place on the right to health and to the conditions which enable good health tobe achieved. Among such instruments are the Universal Declaration of Human Rights, theInternational Covenant on Economic, Social and Cultural Rights, the International Covenanton Civil and Political Rights, the Convention on the Rights of the Child and theConvention on the Elimination of All Forms of Racial Discrimination.
5. The Committee refers also to its earlier general recommendations onfemale circumcision, human immunodeficiency virus/acquired immunodeficiency syndrome(HIV/AIDS), disabled women, violence against women and equality in family relations, allof which refer to issues which are integral to full compliance with article 12 of theConvention.
6. While biological differences between women and men may lead todifferences in health status, there are societal factors which are determinative of thehealth status of women and men and which can vary among women themselves. For that reason,special attention should be given to the health needs and rights of women belonging tovulnerable and disadvantaged groups, such as migrant women, refugee and internallydisplaced women, the girl child and older women, women in prostitution, indigenous womenand women with physical or mental disabilities.
7. The Committee notes that the full realization of women's right tohealth can be achieved only when States parties fulfil their obligation to respect,protect and promote women's fundamental human right to nutritional well-being throughouttheir life span by means of a food supply that is safe, nutritious and adapted to localconditions. Towards this end, States parties should take steps to facilitate physical andeconomic access to productive resources especially for rural women, and to otherwiseensure that the special nutritional needs of all women within their jurisdiction are met.
Article 12
1. States Parties shall take all appropriate measures to eliminatediscrimination against women in the field of health care in order to ensure, on a basis ofequality of men and women, access to health care services, including those related tofamily planning.
2. Notwithstanding the provisions of paragraph 1 of this article,States Parties shall ensure to women appropriate services in connection with pregnancy,confinement and the post-natal period, granting free services where necessary, as well asadequate nutrition during pregnancy and lactation.
8. States parties are encouraged to address the issue of women's healththroughout the woman's lifespan. For the purposes of this general recommendation,therefore, women includes girls and adolescents. This general recommendation willset out the Committee's analysis of the key elements of article 12.
Key elements
Article 12 (1)
9. States parties are in the best position to report on the mostcritical health issues affecting women in that country. Therefore, in order to enable theCommittee to evaluate whether measures to eliminate discrimination against women in thefield of health care are appropriate, States parties must report on theirhealth legislation, plans and policies for women with reliable data disaggregated by sexon the incidence and severity of diseases and conditions hazardous to women's health andnutrition and on the availability and cost-effectiveness of preventive and curativemeasures. Reports to the Committee must demonstrate that health legislation, plans andpolicies are based on scientific and ethical research and assessment of the health statusand needs of women in that country and take into account any ethnic, regional or communityvariations or practices based on religion, tradition or culture.
10. States parties are encouraged to include in their reportsinformation on diseases, health conditions and conditions hazardous to health that affectwomen or certain groups of women differently from men, as well as information on possibleintervention in this regard.
11. Measures to eliminate discrimination against women are consideredto be inappropriate if a health care system lacks services to prevent, detect and treatillnesses specific to women. It is discriminatory for a State party to refuse to legallyprovide for the performance of certain reproductive health services for women. Forinstance, if health service providers refuse to perform such services based onconscientious objection, measures should be introduced to ensure that women are referredto alternative health providers.
12. States parties should report on their understanding of how policiesand measures on health care address the health rights of women from the perspectiveof women's needs and interests and how it addresses distinctive features and factors whichdiffer for women in comparison to men, such as:
(a) Biological factors which differ for women in comparison with men,such as their menstrual cycle and their reproductive function and menopause. Anotherexample is the higher risk of exposure to sexually transmitted diseases which women face;
(b) Socio-economic factors that vary for women in general and somegroups of women in particular. For example, unequal power relationships between women andmen in the home and workplace may negatively affect women's nutrition and health. They mayalso be exposed to different forms of violence which can affect their health. Girlchildren and adolescent girls are often vulnerable to sexual abuse by older men and familymembers, placing them at risk of physical and psychological harm and unwanted and earlypregnancy. Some cultural or traditional practices such as female genital mutilation alsocarry a high risk of death and disability;
(c) Psychosocial factors which vary between women and men includedepression in general and post-partum depression in particular as well as otherpsychological conditions, such as those that lead to eating disorders such as anorexia andbulimia;
(d) While lack of respect for the confidentiality of patients willaffect both men and women, it may deter women from seeking advice and treatment andthereby adversely affect their health and well-being. Women will be less willing , forthat reason, to seek medical care for diseases of the genital tract, for contraception orfor incomplete abortion and in cases where they have suffered sexual or physical violence.
13. The duty of States parties to ensure, on a basis of equalitybetween men and women, access to health care services, information and educationimplies an obligation to respect, protect and fulfil women's rights to health care. Statesparties have the responsibility to ensure that legislation and executive action and policycomply with these three obligations. They must also put in place a system which ensureseffective judicial action. Failure to do so will constitute a violation of article 12.
14. The obligation to respect rights requires States parties torefrain from obstructing action taken by women in pursuit of their health goals. Statesparties should report on how public and private health care providers meet their duties torespect women's rights to have access to health care. For example, States parties shouldnot restrict women's access to health services or to the clinics that provide thoseservices on the ground that women do not have the authorization of husbands, partners,parents or health authorities, because they are unmarried25or because they are women. Other barriers to women's access to appropriate health careinclude laws that criminalize medical procedures only needed by women and that punishwomen who undergo those procedures.
15. The obligation to protect rights relating to women's healthrequires States parties, their agents and officials to take action to prevent and imposesanctions for violations of rights by private persons and organizations. Sincegender-based violence is a critical health issue for women, States parties should ensure:
(a) The enactment and effective enforcement of laws and the formulationof policies, including health care protocols and hospital procedures to address violenceagainst women and abuse of girl children and the provision of appropriate health services;
(b) Gender-sensitive training to enable health care workers to detectand manage the health consequences of gender-based violence;
(c) Fair and protective procedures for hearing complaints and imposingappropriate sanctions on health care professionals guilty of sexual abuse of womenpatients;
(d) The enactment and effective enforcement of laws that prohibitfemale genital mutilation and marriage of girl children.
16. States parties should ensure that adequate protection and healthservices, including trauma treatment and counselling, are provided for women in especiallydifficult circumstances, such as those trapped in situations of armed conflict and womenrefugees.
17. The duty to fulfil rights places an obligation on Statesparties to take appropriate legislative, judicial, administrative, budgetary, economic andother measures to the maximum extent of their available resources to ensure that womenrealize their rights to health care. Studies such as those which emphasize the highmaternal mortality and morbidity rates worldwide and the large numbers of couples whowould like to limit their family size but lack access to or do not use any form ofcontraception provide an important indication for States parties of possible breaches oftheir duties to ensure women's access to health care. The Committee asks States parties toreport on what they have done to address the magnitude of women's ill-health, inparticular when it arises from preventable conditions, such as tuberculosis and HIV/AIDS.The Committee is concerned at the growing evidence that States are relinquishing theseobligations as they transfer State health functions to private agencies. States partiescannot absolve themselves of responsibility in these areas by delegating or transferringthese powers to private sector agencies. States parties should therefore report on whatthey have done to organize governmental processes and all structures through which publicpower is exercised to promote and protect women's health. They should include informationon positive measures taken to curb violations of women's rights by third parties, toprotect their health and the measures they have taken to ensure the provision of suchservices.
18. The issues of HIV/AIDS and other sexually transmitted disease arecentral to the rights of women and adolescent girls to sexual health. Adolescent girls andwomen in many countries lack adequat eaccess to information and services necessary toensure sexual health. As a consequence of unequal power relations based on gender, womenand adolescent girls are often unable to refuse sex or insist on safe and responsible sexpractices. Harmful traditional practices, such as female genital mutilation, polygamy, aswell as marital rape, may also expose girls and women to the rist of contracting HIV/AIDSand other sexually transmitted diseases. Women in prostitution are also particularlyvulnerable to these diseases. States parties should ensure, without prejudice anddiscrimination, the right to sexual health information, education and services for allwomen and girls, including those who have been trafficked, including those who have beentrafficked, even if they are not legally resident in the country. In particular, Statesparties should ensure the rights of female and male adolescents to sexual and reproductivehealth education by properly trained personnel in specially designed programmes thatrespect their rights to privacy and confidentiality.
19. In their reports States parties should identify the test by whichthey assess whether women have access to health care on a basis of equality of men andwomen in order to demonstrate compliance with article 12. In applying these tests,States parties should bear in mind the provisions of article 1 of the Convention. Reportsshould therefore include comments on the impact that health policies, procedures, laws andprotocols have on women when compared with men.
20. Women have the right to be fully informed, by properly trainedpersonnel, of their options in agreeing to treatment or research, including likelybenefits and potential adverse effects of proposed procedures and available alternatives.
21. States parties should report on measures taken to eliminatebarriers that women face in gaining access to health care services and whatmeasures they have taken to ensure women timely and affordable access to such services.Barriers include requirements or conditions that prejudice women's access such as highfees for health care services, the requirement for preliminary authorization by spouse,parent or hospital authorities, distance from health facilities and absence of convenientand affordable public transport.
22. States parties should also report on measures taken to ensureaccess to quality health care services, for example, by making them acceptable to women.Acceptable services are those which are delivered in a way that ensures that a woman givesher fully informed consent, respects her dignity, guarantees her confidentiality and issensitive to her needs and perspectives. States parties should not permit forms ofcoercion, such as non-consensual sterilization, mandatory testing for sexually transmitteddiseases or mandatory pregnancy testing as a condition of employment that violate women'srights to informed consent and dignity.
23. In their reports, States parties should state what measures theyhave taken to ensure timely access to the range of services which are related to familyplanning, in particular, and to sexual and reproductive health in general. Particularattention should be paid to the health education of adolescents, including information andcounselling on all methods of family planning.26
24. The Committee is concerned about the conditions of health careservices for older women, not only because women often live linger than men and are morelikely than men to suffer from disabling and degenerative chronic diseases, such asosteoporosis and dementia, but because they often have the responsibility for their ageingspouses. Therefore, States parties should take appropriate measures to ensure the accessof older women to health services that address the handicaps and disabilities associatedwith ageing.
25. Women with disabilities, of all ages, often have difficulty withphysical access to health services. Women with mental disabilities are particularlyvulnerable, while there is limited understanding, in general, of the broad range of risksto mental health to which women are disproportionately susceptible as a result of genderdiscrimination, violence, poverty, armed conflict, dislocation and other forms of socialdeprivation. States parties should take appropriate measures to ensure that healthservices are sensitive to the needs of women with disabilities and are respectful of theirhuman rights and dignity.
Article 12 (2)
26. Reports should also include what measures States parties have takento ensure women appropriate services in connection with pregnancy, confinement and thepost-natal period. Information on the rates at which these measures have reducedmaternal mortality and morbidity in their countries, in general, and in vulnerable groups,regions and communities, in particular, should also be included.
27. States parties should include in their reports how they supply freeservices where necessary to ensure safe pregnancies, childbirth and post-partumperiods for women. Many women are at risk of death or disability from pregnancy-relatedcauses because they lack the funds to obtain or access the necessary services, whichinclude ante-natal, maternity and post-natal services. The Committee notes that it is theduty of States parties to ensure women's right to safe motherhood and emergency obstetricservices and they should allocate to these services the maximum extent of availableresources.
Other relevant articles in the Convention
28. When reporting on measures taken to comply with article 12, Statesparties are urged to recognize its interconnection with other articles in the Conventionthat have a bearing on women's health. Those articles include article 5 (b), whichrequires States parties to ensure that family education includes a proper understanding ofmaternity as a social function; article 10, which requires States parties to ensure equalaccess to education, thus enabling women to access health care more readily and reducingfemale students' drop-out rates, which are often due to premature pregnancy; article 10(h)which provides that States parties provide to women and girls specific educationalinformation to help ensure the well-being of families, including information and advice onfamily planning; article 11, which is concerned, in part, with the protection of women'shealth and safety in working conditions, including the safeguarding of the reproductivefunction, special protection from harmful types of work during pregnancy and with theprovision of paid maternity leave; article 14 (2) (b), which requires States parties toensure access for rural women to adequate health care facilities, including information,counselling and services in family planning, and (h), which obliges States parties to takeall appropriate measures to ensure adequate living conditions, particularly housing,sanitation, electricity and water supply, transport and communications, all of which arecritical for the prevention of disease and the promotion of good health care; and article16 (1) (e), which requires States parties to ensure that women have the same rights as mento decide freely and responsibly on the number and spacing of their children and to haveaccess to information, education and means to enable them to exercise these rights.Article 16 (2) also proscribes the betrothal and marriage of children, an important factorin preventing the physical and emotional harm which arise from early childbirth.
Recommendations for government action
29. States parties should implement a comprehensive national strategyto promote women's health throughout their lifespan. This will include interventions aimedat both the prevention and treatment of diseases and conditions affecting women, as wellas responding to violence against women, and will ensure universal access for all women toa full range of high-quality and affordable health care, including sexual and reproductivehealth services.
30. States parties should allocate adequate budgetary, human andadministrative resources to ensure that women's health receives a share of the overallhealth budget comparable with that for men's health, taking into account their differenthealth needs.
31. States parties should also, in particular:
(a) Place a gender perspective at the centre of all policies andprogrammes affecting women's s health and should involve women in the planning,implementation and monitoring of such policies and programmes and in the provision ofhealth services to women;
(b) Ensure the removal of all barriers to women's access to healthservices, education and information, including in the area of sexual and reproductivehealth, and, in particular, allocate resources for programmes directed at adolescents forthe prevention and treatment of sexually transmitted diseases, including HIV/AIDS;
(c) Prioritize the prevention of unwanted pregnancy through familyplanning and sex education and reduce maternal mortality rates through safe motherhoodservices and prenatal assistance. When possible, legislation criminalizing abortion couldbe amended to remove punitive provisions imposed on women who undergo abortion;
(d) Monitor the provision of health services to women by public,non-governmental and private organizations, to ensure equal access and quality of care;
(e) Require all health services to be consistent with the human rightsof women, including the rights to autonomy, privacy, confidentiality, informed consent andchoice;
(f) Ensure that the training curricula of health workers includescomprehensive, mandatory, gender-sensitive courses on women's health and human rights, inparticular gender-based violence.
1 Adopted by the Committee at its 24th meeting on 11 August 1983.
2 Official Records of the General Assembly, Forty-first Session,Supplement No. 45 (A/41/45), para. 362.
3 General recommendation 1 was adopted at the Committee's fifthsession.
4 E/CN.4/Sub.2/1989/42 of 21 August 1989.
5 E/CN.4/1986/42.
6 E/CN.6/1989/6/Add.1.
7 HR/AIDS/1989/3.
8 Report of the World Conference to Review and Appraise theAchievements of the United Nations for Women: Equality. Development and Peace, Nairobi,15-26 July 1985 (United Nations publication, Sales No. E.85.IV.10), chapter I, section A.
9 Report of the World Conference to Review and Appraise theAchievements of the United Nations Decade for Women: Equality, Development and Peace,Nairobi, 15-26 July 1985 (United Nations publication, Sales No. E.85.IV.10), chapter I,section A.
10 A/37/351/Add.1 and Add.1/Corr.1, annex, section VIII.
11 See Report of the World Conference to Review and Appraise theAchievements of the United Nations Decade for Women: Equality, Development and Peace,Nairobi, 15-26 July 1985 (United Nations publications, Sales No. E.85.IV.10), chap. I,sect. A.
12 A/CONF.157/24 (Part I), chap. III.
13 See Official Records of the General Assembly, Forth-seventhSession, Supplement No. 38 (A/47/38), chap. I.
14 General Assembly resolution 217 A (III).
15 General Assembly resolution 2200 A (XXI), annex.
16 General Assembly resolution 640 (VII).
17 Report of the World Conference on Human Rights, Vienna, 14-25 June1993 (A/CONF.157/24 (Part I)), chap. III.
18 Report of the Fourth World Conference on Women, Beijing, 4-15September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annex I.
19 See Official Records of the General Assembly, Forty-third Session,Supplement No. 38 (A/43/38), chap. V.
20 CCPR/C/21/Rev.1/Add.7, 27 August 1996.
21 96/694/EC, Brussels, 2 December 1996.
22 European Commission document V/1206/96-EN (March 1996).
23 Report of the Fourth World Conference on Women, Beijing, 4-15September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annex I.
24 See para. 141 of the Platform for Action adopted by the FourthWorld Conference on Women, held at Beijing from 4 to 15 September 1995 (A/CONF.177/20,chap. I, resolution 1, annex II). See also para. 134, which reads in part: 'The equalaccess and full participation of women in power structures and their full involvement inall efforts for the prevention and resolution of conflicts are essential for themaintenance and promotion of peace and security.'
25 General recommendation 21, paragraph 29.
26 Health education for adolescents should further address, interalia, gender equality, violence, prevention of sexually transmitted diseases andreproductive and sexual health rights.
27 Reference to resolutions in which the Committee adopted the Cairoand Beijing recommendations to reduce maternal mortality and morbidity.