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Gender-based violence against women, updating general recommendation No. 19 2017, para. 31a (iii)
- Paragraph text
- [The Committee recommends that States parties implement the following protective measures:] Adopt and implement effective measures to protect and assist women complainants of and witnesses to gender-based violence before, during and after legal proceedings, including by: Ensuring access to financial assistance, gratis or low-cost, high-quality legal aid, medical, psychosocial and counselling services, education, affordable housing, land, childcare, training and employment opportunities for women who are victims/survivors and their family members. Health-care services should be responsive to trauma and include timely and comprehensive mental, sexual and reproductive health services, including emergency contraception and post-exposure prophylaxis against HIV. States should provide specialized women’s support services, such as gratis helplines operating around the clock and sufficient numbers of safe and adequately equipped crisis, support and referral centres and adequate shelters for women, their children and other family members, as required;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Humanitarian
- Person(s) affected
- Children
- Families
- Women
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 29c (i)
- Paragraph text
- [The Committee recommends that States parties implement the following legislative measures:] Repeal, including in customary, religious and indigenous laws, all legal provisions that are discriminatory against women and thereby enshrine, encourage, facilitate, justify or tolerate any form of gender-based violence. In particular, repeal the following: Provisions that allow, tolerate or condone forms of gender-based violence against women, including child or forced marriage and other harmful practices, provisions allowing medical procedures to be performed on women with disabilities without their informed consent and provisions that criminalize abortion, being lesbian, bisexual or transgender, women in prostitution and adultery, or any other criminal provisions that affect women disproportionally, including those resulting in the discriminatory application of the death penalty to women;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Person(s) affected
- Children
- LGBTQI+
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 31b
- Paragraph text
- [The Committee recommends that States parties implement the following protective measures:] Ensure that all legal proceedings, protective and support measures and services concerning victims/survivors respect and strengthen their autonomy. They should be accessible to all women, in particular those affected by intersecting forms of discrimination, take into account any specific needs of their children and other dependants, be available throughout the State party and be provided irrespective of residency status or ability or willingness to cooperate in legal proceedings against the alleged perpetrator. States should also respect the principle of non-refoulement;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 31a (ii)
- Paragraph text
- [The Committee recommends that States parties implement the following protective measures:] Adopt and implement effective measures to protect and assist women complainants of and witnesses to gender-based violence before, during and after legal proceedings, including by: Providing appropriate and accessible protective mechanisms to prevent further or potential violence, without the precondition that victims/survivors initiate legal action, including through removal of communication barriers for victims with disabilities. Mechanisms should include immediate risk assessment and protection comprising a wide range of effective measures and, where appropriate, the issuance and monitoring of eviction, protection, restraining or emergency barring orders against alleged perpetrators, including adequate sanctions for non-compliance. Protective measures should avoid imposing an undue financial, bureaucratic or personal burden on women who are victims/survivors. The rights or claims of perpetrators or alleged perpetrators during and after judicial proceedings, including with respect to property, privacy, child custody, access, contact and visitation, should be determined in the light of women’s and children’s human rights to life and physical, sexual and psychological integrity and guided by the principle of the best interests of the child;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 32b
- Paragraph text
- [The Committee recommends that States parties implement the following measures with regard to prosecution and punishment for gender-based violence against women:] Ensure that gender-based violence against women is not mandatorily referred to alternative dispute resolution procedures, including mediation and conciliation. The use of those procedures should be strictly regulated and allowed only when a previous evaluation by a specialized team ensures the free and informed consent of victims/survivors and that there are no indicators of further risks to the victims/survivors or their family members. Procedures should empower the victims/survivors and be provided by professionals specially trained to understand and adequately intervene in cases of gender-based violence against women, ensuring adequate protection of the rights of women and children and that interventions are conducted with no stereotyping or revictimization of women. Alternative dispute resolution procedures should not constitute an obstacle to women’s access to formal justice.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Rights of rural women 2016, para. 39f
- Paragraph text
- [States parties should safeguard the right of rural women and girls to adequate health care, and ensure:] That health-care information is widely disseminated in local languages and dialects through various media, including in writing, through illustrations and orally, and that it includes information on, inter alia: hygiene; preventing communicable, non-communicable and sexually transmitted diseases; healthy lifestyles and nutrition; family planning and the benefits of delayed childbearing; health during pregnancy; breastfeeding and its impact on child and maternal health; and the need to eliminate violence against women, including sexual and domestic violence and harmful practices;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Health
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 42
- Paragraph text
- Worldwide, rural women and girls have lower levels of literacy and are disadvantaged when it comes to access to education and training. Rural girls may be victims of child and/or forced marriage and experience sexual harassment and violence in and out of educational settings, which may force them to drop out of school. Their school attendance is also often curtailed by chores, such as domestic and care work, including cooking, childcare, farm work and fetching water and firewood, the long distances to travel to school and the lack of adequate water, toilet facilities and sanitation in schools, which fail to meet the needs of menstruating girls. In some regions, students and teachers in girls' schools face threats and attacks from opponents of girls' education.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 32
- Paragraph text
- Article 16 provides for equality for women in marriage and family relations, which is something that many rural women do not enjoy owing to discriminatory social norms, practices and laws, plural justice systems where they exist, or the lack of enforcement of relevant laws. Girls from rural communities are at special risk of child and/or forced marriage and early pregnancy. Rural women are also disproportionately affected by polygamy, which severely undermines equality in marriage and family relations.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Girls
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 41b
- Paragraph text
- [To eliminate discrimination against rural women in economic and social life, States parties should:] Adopt gender-responsive social protection floors to ensure that all rural women have access to essential health care, childcare facilities and income security, in line with article 14, paragraphs 2 (b) and (h), and Social Protection Floors Recommendation, 2012 (No. 202) of the International Labour Organization.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 49
- Paragraph text
- Rural women are overrepresented among agricultural workers in many regions, exposing them to increased health risks linked to the improper and extensive use of fertilizers and pesticides by various actors, resulting in illnesses, early deaths, pregnancy complications, fetal disorders and physical and developmental disorders in infants and children. Those risks are compounded by their underrepresentation in agricultural cooperatives, farmers' and producers' organizations, land administration and rural workers' organizations, and their limited access to extension services.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Gender
- Health
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 53
- Paragraph text
- Rural women have a right to participate in decision-making at all levels and in community-level discussions with high authorities, yet they are inadequately represented as elected officials, as civil servants, in rural extension and water, forestry or fishery services, in cooperatives and in community or elders' councils. Their limited participation may be due to a lack of education, language and literacy constraints, limited mobility and transport, conflict and security concerns, discriminatory gender norms and stereotypes and a lack of time owing to childcare, the task of fetching water and other responsibilities. Limited knowledge of relevant legal, political and institutional procedures may also limit their effective participation in decision-making processes.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 38
- Paragraph text
- Maternal mortality and morbidity are disproportionately high in many rural areas. Child marriage exposes rural girls to early pregnancy and significantly contributes to maternal mortality, in particular in developing countries. Globally, the presence of skilled birth attendants and medical personnel is lower in rural than urban areas and leads to poor prenatal, perinatal and postnatal care. There is a greater unmet need for family planning services and contraception owing to poverty, the lack of information and the limited availability and accessibility of services. Rural women are more likely to resort to unsafe abortion than their urban counterparts, a situation that puts their lives at risk and compromises their health. Even in countries in which abortion is legal, restrictive conditions, including unreasonable waiting periods, often impede access for rural women. When abortion is illegal, the health impact is even greater.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Health
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 28
- Paragraph text
- Article 9 provides that States parties shall grant women equal rights with men to acquire, change or retain their nationality. Rural women and their children may be deprived of their rights if not recognized as citizens of their countries. Their statelessness is often the consequences of discriminatory legislation whereby women cannot pass on their nationality to their children and foreign spouse or may risk losing their nationality through marriage with a foreigner or as a consequence of divorce. In addition, identity documents may be more difficult to acquire in rural areas, owing in particular to the lack of birth registration or of marriage, divorce or death certificates.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Men
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 29
- Paragraph text
- In line with general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, States parties should ensure that rural women may acquire, change, retain or renounce their nationality, or transfer it to their children and foreign spouse under the same conditions as men, and that they are aware of their rights in this regard. States parties should also provide rural women with access to personal identification documents (such as identity cards, passports and social security numbers) and ensure that civil registration procedures, including for birth, marriage, divorce and death, are accessible in rural areas.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Children
- Men
- Persons on the move
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 22
- Paragraph text
- Article 5 (a) addresses the elimination of discriminatory stereotypes and practices, which are often more prevalent in rural areas. Rural women and girls are often disadvantaged by harmful practices (see CEDAW/C/GC/31-CRC/C/GC/18, para. 9), such as child and/or forced marriage, polygamy and female genital mutilation, which endanger their health and well-being and may push them to migrate in order to escape such practices, potentially exposing them to other risks. They are also disadvantaged by practices such as the inheritance of ancestral debt, which perpetuates cycles of poverty, and by discriminatory stereotypes and related practices that prevent them from enjoying rights over land, water and natural resources, such as male primogeniture and property grabbing from widows.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 52h
- Paragraph text
- [States parties should further ensure rural women's rights to employment by:] Providing childcare and other care services in rural areas, including through solidarity and community-based care services, in order to alleviate rural women's burden of unpaid care work, facilitating their engagement in paid work, and allowing them to breastfeed during working hours;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Gender
- Person(s) affected
- Children
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 43g
- Paragraph text
- [States parties should protect the right of rural girls and women to education, and ensure that:] Pregnant girls in rural schools are not expelled during pregnancy and allowed to return to school following childbirth, and childcare facilities and breastfeeding rooms, as well as counselling on childcare and breastfeeding, are made available;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 39a
- Paragraph text
- [States parties should safeguard the right of rural women and girls to adequate health care, and ensure:] That high-quality health-care services and facilities are physically accessible to and affordable for rural women, including older women, heads of household and women with disabilities (provided free of charge when necessary), culturally acceptable to them and staffed with trained medical personnel. Services should provide: primary health care, including family planning; access to contraception, including emergency contraception, and to safe abortion and high-quality post-abortion care, regardless of whether abortion is legal; prenatal, perinatal, postnatal and obstetric services; HIV prevention and treatment services, including emergency intervention following rape; mental health services; counselling on nutrition, the feeding of infants and young children; mammography and other gynaecological examinations services; the prevention and treatment of non-communicable diseases, such as cancer; access to essential medicines, including pain relief; and palliative care;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Girls
- Older persons
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 34
- Paragraph text
- States parties should take steps to prevent and prohibit child and/or forced marriage among rural women and girls, including through the reform and enforcement of laws prohibiting such practices in rural areas, media campaigns, particularly aimed at raising the awareness of men, the provision of school-based prevention programmes, including comprehensive age-appropriate sexual and reproductive health education, as well as the provision of social and health services for rural married girls and girls at risk of child and/or forced marriage. In addition, States parties should discourage and prohibit the practice of polygamy, which may be more common in rural areas.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Person(s) affected
- Children
- Girls
- Men
- Women
- Year
- 2016
Paragraph
Women’s access to justice 2015, para. 25b
- Paragraph text
- [The Committee recommends that States parties:] Ensure that independent, safe, effective, accessible and child-sensitive complaint and reporting mechanisms are available to girls. Such mechanisms should be established in conformity with international norms, especially the Convention on the Rights of the Child, and staffed by appropriately trained officials, working in an effective and gender-sensitive manner, in accordance with general comment No. 14 of the Committee on the Rights of the Child, so that the best interests of the girls concerned is taken as a primary consideration;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 24
- Paragraph text
- Special consideration is to be given to girls (including the girl child and adolescent girls, where appropriate) because they face specific barriers to gaining access to justice. They often lack the social or legal capacity to make significant decisions about their lives in areas relating to education, health and sexual and reproductive rights. They may be forced into marriage or subjected to other harmful practices and various forms of violence.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Adolescents
- Children
- Girls
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 51o
- Paragraph text
- [The Committee recommends that States parties:] Keep accurate data and statistics regarding the number of women in each place of detention, the reasons for and duration of their detention, whether they are pregnant or accompanied by a baby or child, their access to legal, health and social services and their eligibility for and use of available case review processes, non-custodial alternatives and training possibilities;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2015
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 42
- Paragraph text
- Asylum procedures of States parties should ensure that women are able to lodge independent asylum applications and be heard separately, even if they are part of a family seeking asylum. States parties should accept that, when the principal claimant is recognized as a refugee, other members of the family should normally also be recognized as refugees ("derivative status"). Just as a child can derive refugee status from the recognition of a parent as a refugee, a parent should be granted derivative status based on the child's refugee status. It is essential that women who are recognized as refugees, whether in their own right or as derivative status holders, be issued with individual documentation in order to prove their status, be protected from refoulement and secure associated rights.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 55e
- Paragraph text
- [The Committees recommend that the States parties to the Conventions adopt or amend legislation with a view to effectively addressing and eliminating harmful practices. In doing so, they should ensure:] That the legislation adequately addresses, including by providing the basis for the adoption of temporary special measures, the root causes of harmful practices, including discrimination on the basis of sex, gender, age and other intersecting factors, focuses on the human rights and needs of the victims and fully takes into account the best interests of children and women;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 55f
- Paragraph text
- [The Committees recommend that the States parties to the Conventions adopt or amend legislation with a view to effectively addressing and eliminating harmful practices. In doing so, they should ensure:] That a minimum legal age of marriage for girls and boys, with or without parental consent, is established at 18 years. When a marriage at an earlier age is allowed in exceptional circumstances, the absolute minimum age must not be below 16 years, the grounds for obtaining permission must be legitimate and strictly defined by law and the marriage must be permitted only by a court of law upon the full, free and informed consent of the child or both children, who must appear in person before the court;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 35
- Paragraph text
- The implementation of any holistic strategy necessarily requires the provision of adequate organizational, human, technical and financial resources that are supplemented with appropriate measures and tools, such as regulations, policies, plans and budgets. In addition, States parties are obliged to ensure that an independent monitoring mechanism is in place to track progress in protecting women and children from harmful practices and in realizing their rights.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 62
- Paragraph text
- Articles 1 to 3 of the Convention also support the right of women to benefit, on an equal basis with men, from naturalization for themselves and their spouses. Discrimination against women in this respect impedes the reduction of statelessness. The same holds true when women are unable to confer their nationality on their stateless spouses. It may also create further risks of statelessness in the case of children born out of such unions.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Children
- Men
- Persons on the move
- Women
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 73c
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Provide training to all law enforcement personnel, including the judiciary, on new and existing legislation prohibiting harmful practices and ensure that they are aware of the rights of women and children and of their role in prosecuting perpetrators and protecting victims of harmful practices;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 56
- Paragraph text
- Birth registration is also closely linked to the enjoyment by women and their children of the right to a nationality. Birth registration provides proof of a person's identity and acquisition of nationality based either on descent (jus sanguinis) or place of birth (jus soli). In practice, indirect discrimination, cultural practices and poverty often make it impossible for mothers, especially unmarried mothers, to register their children on an equal basis as fathers. Failure to register a child's birth may impair or nullify the child's effective enjoyment of a range of rights, including the right to nationality, to a name and identity, to equality before the law and to recognition of legal capacity.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2014
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 57
- Paragraph text
- Discriminatory laws or practices may lead to women and their children being unable to gain access to documentation that proves their identity and nationality. In the absence of proof of identity and nationality, a woman and her children may be faced with restrictions on freedom of movement, problems gaining access to diplomatic protection, prolonged detention pending determination of proof of identity and nationality and, ultimately, to a situation in which no State considers them to be nationals and they are rendered stateless.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2014
Paragraph