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Women in conflict prevention, conflict and post-conflict situations 2013, para. 20
- Paragraph text
- In situations that meet the threshold definition of non-international or international armed conflict, the Convention and international humanitarian law apply concurrently and their different protections are complementary, not mutually exclusive. Under international humanitarian law, women affected by armed conflicts are entitled to general protections that apply to both women and men and to some limited specific protections, primarily protection against rape, forced prostitution and any other form of indecent assault; priority in the distribution of relief consignments to expectant mothers, maternity cases and nursing mothers in international armed conflict; detention in separate quarters from men and under the immediate supervision of women; and protection from the death penalty for pregnant women or mothers of dependent or young children.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2013
Paragraph
Women in conflict prevention, conflict and post-conflict situations 2013, para. 21
- Paragraph text
- International humanitarian law also imposes obligations upon occupying Powers that apply concurrently with the Convention and other international human rights law. International humanitarian law also prohibits a State from transferring part of its own civilian population into the territory that it occupies. Under international humanitarian law, women under occupation are entitled to general protections and the following specific protections: protection against rape, forced prostitution or any other form of indecent assault; free passage of consignments of essential clothing intended for expectant mothers and maternity cases; safety or neutralized zones that may be established to shield the civilian population, including in particular expectant mothers and mothers of children under 7 years of age; and detention in separate quarters from men and under the immediate supervision of women. Women civilian internees must receive sanitary conveniences and be searched by women.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Humanitarian
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Women in conflict prevention, conflict and post-conflict situations 2013, para. 57d
- Paragraph text
- [The Committee recommends that States parties:] Provide protection and assistance for internally displaced and refugee women and girls, including by safeguarding them from gender-based violence, including forced and child marriage; ensure their equal access to services and health care and full participation in the distribution of supplies, as well as in the development and implementation of assistance programmes that take into account their specific needs; provide protection against the displacement of indigenous, rural and minority women with special dependency on land; and ensure education and income-generation and skills training activities are available;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Humanitarian
- Movement
- Person(s) affected
- Children
- Ethnic minorities
- Girls
- Persons on the move
- Women
- Year
- 2013
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
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
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
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
Older women and protection of their human rights 2010, para. 22
- Paragraph text
- Older women may not be eligible to claim family benefits if they are not the parent or legal guardian of children in their care.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Older persons
- Women
- Year
- 2010
Paragraph
Avoidance of discrimination against women in national strategies for the prevention and control of acquired immunodeficiency syndrome (AIDS) 1990, para. 3
- Paragraph text
- Noting World Health Assembly resolution WHA 41.24 on the avoidance of discrimination in relation to HIV-infected people and people with AIDS, of 13 May 1988, resolution 1989/11 of the Commission on Human Rights on non-discrimination in the field of health, of 2 March 1989, and in particular the Paris Declaration on Women, Children and AIDS, of 30 November 1989,
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Women
- Year
- 1990
Paragraph
Women in conflict prevention, conflict and post-conflict situations 2013, para. 69f
- Paragraph text
- [The Committee recommends that States parties:] Ensure that disarmament, demobilization and reintegration processes specifically address women's distinct needs in order to provide age-specific and gender-specific disarmament, demobilization and reintegration support, including by addressing the specific concerns of young mothers and their children without targeting them excessively and exposing them to further stigma.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Person(s) affected
- Children
- Women
- Youth
- Year
- 2013
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
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
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
Equality in marriage and family relations 1994, para. Article 16.1d
- Paragraph text
- [Article 16] [States parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:] The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Men
- Women
- Year
- 1994
Paragraph
Female circumcision 1990, para. 3
- Paragraph text
- Noting with interest the study of the Special Rapporteur on Traditional Practices Affecting the Health of Women and Children, as well as the study of the Special Working Group on Traditional Practices,
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 1990
Paragraph
Equality in marriage and family relations 1994, para. 28
- Paragraph text
- In most countries, a significant proportion of the women are single or divorced and many have the sole responsibility to support a family. Any discrimination in the division of property that rests on the premise that the man alone is responsible for the support of the women and children of his family and that he can and will honourably discharge this responsibility is clearly unrealistic. Consequently, any law or custom that grants men a right to a greater share of property at the end of a marriage or de facto relationship, or on the death of a relative, is discriminatory and will have a serious impact on a woman's practical ability to divorce her husband, to support herself or her family and to live in dignity as an independent person.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Men
- Women
- Year
- 1994
Paragraph
Political and public life 1997, para. 8
- Paragraph text
- Public and private spheres of human activity have always been considered distinct, and have been regulated accordingly. Invariably, women have been assigned to the private or domestic sphere, associated with reproduction and the raising of children, and in all societies these activities have been treated as inferior. By contrast, public life, which is respected and honoured, extends to a broad range of activity outside the private and domestic sphere. Men historically have both dominated public life and exercised the power to confine and subordinate women within the private sphere.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Men
- Women
- Year
- 1997
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 31
- Paragraph text
- The Committee determined in its general recommendation No. 21 that the elimination of discrimination against women in de facto unions is included in State party obligations under article 16 (1). In States parties where such unions exist, and with regard to relationships in which neither partner is married to another person or is in a registered partnership with another person, the Committee recommends that the State party consider the situation of women in these unions, and of the children resulting from them, and take the necessary measures to ensure the protection of their economic rights. In countries where de facto unions are recognized by law, the recommendations contained below apply mutatis mutandis.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Women
- Year
- 2013
Paragraph
Older women and protection of their human rights 2010, para. 7
- Paragraph text
- The issue of ageing is shared by both developed and developing countries. The proportion of older persons in less developed countries is expected to increase from 8 per cent in 2010 to 20 per cent by 2050, while the proportion of children will decrease from 29 to 20 per cent. The number of older women living in less developed regions will increase by 600 million within the period 2010 to 2050. This demographic shift presents major challenges for developing countries. The ageing of society is a well-established trend and a significant feature in most developed countries.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Children
- Older persons
- Women
- Year
- 2010
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 50
- Paragraph text
- Under customary forms of landholding, which may limit individual purchase or transfer and may only be subject to right of use, upon the death of the husband, the wife or wives may be told to leave the land or may be required to marry a brother of the deceased in order to remain on the land. The existence of offspring, or lack of offspring, may be a major factor in such marriage requirements. In some States parties, widows are subject to "property dispossession" or "property grabbing", in which relatives of a deceased husband, claiming customary rights, dispossess the widow and her children from property accumulated during the marriage, including property that is not held according to custom. They remove the widow from the family home and claim all the chattels, then ignore their concomitant customary responsibility to support the widow and children. In some States parties, widows are marginalized or banished to a different community.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Women
- Year
- 2013
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
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 58
- Paragraph text
- Given the critical importance of nationality to the full participation of women in society, the significant number and nature of reservations made by some States parties to article 9 of the Convention undermine the object and purpose of the Convention. The rights to nationality and non-discrimination contained in many other international human rights instruments, which reinforce the equal right of women to nationality, also raise the question of the validity and legal effect of such reservations. The Committee notes with interest the trend towards the withdrawal or, at least, the narrowing of reservations to article 9 and the related tendency of States parties to introduce formal equality of men and women in nationality laws, thereby reducing the risk of discrimination against women and in particular of statelessness among women and their children.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- 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. 61b
- Paragraph text
- [Article 9 (2) of the Convention requires States parties to ensure that women and men have equal rights to confer their nationality to their children. The non-fulfilment by States parties of their obligations under article 9 (2) places children at risk of statelessness. Nationality laws that grant nationality through paternal descent alone infringe article 9 (2) and may render children stateless if:] The laws of the father's country do not permit him to confer nationality in certain circumstances, such as when the child is born abroad;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Men
- Persons on the move
- Women
- Year
- 2014
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 61c
- Paragraph text
- [Article 9 (2) of the Convention requires States parties to ensure that women and men have equal rights to confer their nationality to their children. The non-fulfilment by States parties of their obligations under article 9 (2) places children at risk of statelessness. Nationality laws that grant nationality through paternal descent alone infringe article 9 (2) and may render children stateless if:] The father is unknown or not married to the mother at the time of the child's birth;
- 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
- Men
- Persons on the move
- Women
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 14
- Paragraph text
- Given that the requirement to effectively address harmful practices is among the core obligations of States parties under the two Conventions, reservations to the relevant articles, which have the effect of broadly limiting or qualifying the obligations of States parties to respect, protect and fulfil the rights of women and children to live free from harmful practices, are incompatible with the object and purpose of the two Conventions and impermissible pursuant to article 28 (2) of the Convention on the Elimination of All Forms of Discrimination against Women and article 51 (2) of the Convention on the Rights of the Child.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 15
- Paragraph text
- Harmful practices are persistent practices and forms of behaviour that are grounded in discrimination on the basis of, among other things, sex, gender and age, in addition to multiple and/or intersecting forms of discrimination that often involve violence and cause physical and/or psychological harm or suffering. The harm that such practices cause to the victims surpasses the immediate physical and mental consequences and often has the purpose or effect of impairing the recognition, enjoyment and exercise of the human rights and fundamental freedoms of women and children. There is also a negative impact on their dignity, physical, psychosocial and moral integrity and development, participation, health, education and economic and social status. The practices are therefore reflected in the work of both Committees.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph