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communication No. 202/1986, Ato del Avellanal v. Peru, Views of 28 October 1988); whether
women may give evidence as witnesses on the same terms as men; and whether measures are
taken to ensure women equal access to legal aid, in particular in family matters. States parties
should report on whether certain categories of women are denied the enjoyment of the
presumption of innocence under article 14, paragraph 2, and on the measures which have been
taken to put an end to this situation.
19. The right of everyone under article 16 to be recognized everywhere as a person before the law is
particularly pertinent for women, who often see it curtailed by reason of sex or marital status.
This right implies that the capacity of women to own property, to enter into a contract or to
exercise other civil rights may not be restricted on the basis of marital status or any other
discriminatory ground. It also implies that women may not be treated as objects to be given,
together with the property of the deceased husband, to his family. States must provide
information on laws or practices that prevent women from being treated or from functioning as
full legal persons and the measures taken to eradicate laws or practices that allow such
treatment.
20. States parties must provide information to enable the Committee to assess the effect of any laws
and practices that may interfere with women’s right to enjoy privacy and other rights protected
by article 17 on the basis of equality with men. An example of such interference arises where
the sexual life of a woman is taken into consideration in deciding the extent of her legal rights
and protections, including protection against rape. Another area where States may fail to respect
women’s privacy relates to their reproductive functions, for example, where there is a
requirement for the husband’s authorization to make a decision in regard to sterilization; where
general requirements are imposed for the sterilization of women, such as having a certain
number of children or being of a certain age, or where States impose a legal duty upon doctors
and other health personnel to report cases of women who have undergone abortion. In these
instances, other rights in the Covenant, such as those of articles 6 and 7, might also be at
stake.Women’s privacy may also be interfered with by private actors, such as employers who
request a pregnancy test before hiring a woman. States parties should report on any laws and
public or private actions that interfere with the equal enjoyment by women of the rights under
article 17, and on the measures taken to eliminate such interference and to afford women
protection from any such interference.
21. States parties must take measures to ensure that freedom of thought, conscience and religion,
and the freedom to adopt the religion or belief of one’s choice - including the freedom to change
religion or belief and to express one’s religion or belief - will be guaranteed and protected in law
and in practice for both men and women, on the same terms and without discrimination. These
freedoms, protected by article 18, must not be subject to restrictions otherthan those authorized
by the Covenant and must not be constrained by, inter alia, rules requiring permission from third
parties, or by interference from fathers, husbands, brothers or others. Article 18 may not be
relied upon to justify discrimination against women by reference to freedom of thought,
conscience and religion; States parties should therefore provide information on the status of
women as regards their freedom of thought, conscience and religion, and indicate what steps
they have taken or intend to take both to eliminate and prevent infringements of these freedoms
in respect of women and to protect their right not to be discriminated against.
22. In relation to article 19, States parties should inform the Committee of any laws or other factors
which may impede women from exercising the rights protected under this provision on an equal
basis. As the publication and dissemination of obscene and pornographic material which
portrays women and girls as objects of violence or degrading or inhuman treatment is likely to
promote these kinds of treatment of women and girls, States parties should provide information
about legal measures to restrict the publication or dissemination of such material.