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Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 18
- Paragraph text
- States parties should provide information to enable the Committee to ascertain whether access to justice and the right to a fair trial, provided for in article 14, are enjoyed by women on equal terms with men. In particular, States parties should inform the Committee whether there are legal provisions preventing women from direct and autonomous access to the courts (see 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.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Men
- Women
- Year
- 2000
Paragraph
Children in street situations 2017, para. 6
- Paragraph text
- Children in street situations are not a homogenous group. Characteristics are diverse in terms of age, sex, ethnicity, indigenous identity, nationality, disability, sexual orientation and gender identity/expression, among others. This diversity implies different experiences, risks and needs. The nature and time spent physically on the street varies significantly from child to child, as does the nature and extent of relationships with peers, family members, community members, civil society actors and public authorities. Children’s relationships can help them survive on the streets and/or perpetuate conditions of violent abuse of their rights. Children engage in a range of activities in public spaces, including work, socialization, recreation/leisure, shelter, sleeping, cooking, washing and engaging in substance abuse or sexual activity. Children may engage in such activities voluntarily, through lack of viable choices or through coercion or force by other children or adults. Children may conduct these activities alone or in the company of family members, friends, acquaintances, gang members, or exploitative peers, older children and/or adults.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Core obligations of States parties under article 2 2010, para. 3
- Paragraph text
- The Convention is part of a comprehensive international human rights legal framework directed at ensuring the enjoyment by all of all human rights and at eliminating all forms of discrimination against women on the basis of sex and gender. The Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of Persons with Disabilities contain explicit provisions guaranteeing women equality with men in the enjoyment of the rights they enshrine, while other international human rights treaties, such as the International Convention on the Elimination of All Forms of Racial Discrimination, are implicitly grounded in the concept of non-discrimination on the basis of sex and gender. The International Labour Organization (ILO) Conventions No. 100 (1951) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, No. 111 (1958) concerning Discrimination in Respect of Employment and Occupation and No. 156 (1981) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities, the Convention against Discrimination in Education, the Declaration on the Elimination of Discrimination against Women, the Vienna Declaration and Programme of Action, the Cairo Programme of Action and the Beijing Declaration and Platform for Action also contribute to an international legal regime of equality for women with men and non-discrimination. Likewise, the obligations of States entered into under regional human rights systems are complementary to the universal human rights framework.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2010
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 1
- Paragraph text
- As stated in the Universal Declaration of Human Rights, the family is the basic unit of society. It is a social and legal construct and, in various countries, a religious construct. It also is an economic construct. Family market research has established that family structures, gendered labour division within the family and family laws affect women's economic well-being no less than labour market structures and labour laws. Indeed, women often do not equally enjoy their family's economic wealth and gains, they usually bear the greater cost of the breakdown of the family than men and may be left destitute upon widowhood, especially if they have children and particularly where the State provides little or no economic safety net.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 8
- Paragraph text
- The Committee has consistently concluded that the elimination of discrimination against women requires States parties to provide for substantive as well as formal equality. Formal equality may be achieved by adopting gender-neutral laws and policies, which on their face treat women and men equally. Substantive equality can be achieved only when the States parties examine the application and effects of laws and policies and ensure that they provide for equality in fact, accounting for women's disadvantage or exclusion. In respect of the economic dimensions of family relations, a substantive equality approach must address matters such as discrimination in education and employment, the compatibility of work requirements and family needs, and the impact of gender stereotypes and gender roles on women's economic capacity.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 18
- Paragraph text
- States parties are obligated to address the sex- and gender-based discriminatory aspects of all the various forms of family and family relationships. In respect of discrimination against women, they must address patriarchal traditions and attitudes and open family law and policy with the same scrutiny that is given to the "public" aspects of individual and community life.
- 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
- Families
- Women
- Year
- 2013
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 48
- Paragraph text
- States parties should undertake research and policy studies on women's economic status within the family and upon the dissolution of family relationships and publish the results in accessible forms.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
Equality in marriage and family relations 1994, para. 1
- Paragraph text
- 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 women and men in society and in the family. The Convention has an important place among international treaties concerned with human rights.
- 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
- Families
- Men
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. 2
- Paragraph text
- Other conventions and declarations also confer great significance on the family and woman's status within it. These include the Universal Declaration of Human Rights (General Assembly 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 for Marriage and Registration of Marriages (resolution 1763 A (XVII), annex) and the subsequent Recommendation thereon (resolution 2018 (XX)) and the Nairobi Forward-looking Strategies for the Advancement of Women.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. 3
- Paragraph text
- The Convention on the Elimination of All Forms of Discrimination against Women recalls the inalienable rights of women which are already embodied in the above-mentioned conventions and declarations, but it goes further by recognizing the importance of culture and tradition in shaping the thinking and behaviour of men and women and the significant part they play in restricting the exercise of basic rights by women.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. 4
- Paragraph text
- The year 1994 has been designated by the General Assembly in its resolution 44/82 as the International Year of the Family. The Committee wishes to take the opportunity to stress the significance of compliance with women's basic rights within the family as one of the measures which will support and encourage the national celebrations that will take place.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. 5
- Paragraph text
- Having chosen in this way to mark the International Year of the Family, the Committee wishes to analyse three articles in the Convention that have special significance for the status of women in the family:
- 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
- Families
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. 21
- Paragraph text
- The responsibilities that women have to bear and raise children affect their right of access to education, employment and other activities related to their personal development. They also impose inequitable burdens of work on women. The number and spacing of their children have a similar impact on women's lives and also affect their physical and mental health, as well as that of their children. For these reasons, women are entitled to decide on the number and spacing of their children.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Children
- Families
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. 25
- Paragraph text
- 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 into and conclude contracts and to administer property.
- 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
- Families
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. 26
- Paragraph text
- Article 15 (1) 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 financial independence, and in many countries will be critical to her ability to earn a livelihood and to provide adequate housing and nutrition for herself and for her family.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Men
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. 40
- Paragraph text
- In considering the place of women in family life, the Committee wishes to stress that the provisions of General recommendation 19 (Eleventh session) concerning violence against women have great significance for women's abilities to enjoy rights and freedoms on an equal basis with men. States parties are urged to comply with that general recommendation to ensure that, in both public and family life, women will be free of the gender-based violence that so seriously impedes their rights and freedoms as individuals.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Families
- Men
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. 43
- Paragraph text
- Consistent with articles 2, 3 and 24 in particular, the Committee requires that all States parties gradually progress to a stage where, by its resolute discouragement of notions of the inequality of women in the home, each country will withdraw its reservation, in particular to articles 9, 15 and 16 of the Convention.
- 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
- Families
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. 47
- Paragraph text
- The Committee, in particular on the basis of articles 1 and 2 of the Convention, requests that those States parties make the necessary efforts to examine the de facto situation relating to the issues and to introduce the required measures in their national legislations still containing provisions discriminatory to women.
- 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
- Families
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. Article 9.2
- Paragraph text
- [Article 9]: States parties shall grant women equal rights with men with respect to the nationality of their children.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Families
- Men
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. Article 15.1
- Paragraph text
- [Article 15]: States parties shall accord to women equality with men before the law.
- 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
- Families
- Men
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. Article 15.2
- Paragraph text
- [Article 15]: States parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
- 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
- Families
- Men
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. Article 15.3
- Paragraph text
- [Article 15]: States parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
- 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
- Families
- Women
- Year
- 1994
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 15
- Paragraph text
- Women’s right to a life free from gender-based violence is indivisible from and interdependent on other human rights, including the rights to life, health, liberty and security of the person, equality and equal protection within the family, freedom from torture, cruel, inhumane or degrading treatment, and freedom of expression, movement, participation, assembly and association.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2017
Paragraph
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-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 26
- Paragraph text
- In addition, articles 2, 15 (1) and 16 require States parties to recognize that women may present independent claims to asylum. In this respect, their claims may also be based on fears relating to their children. For example, claims to refugee status may arise from a fear that their daughters will suffer female genital mutilation, be forced into marriage or be subjected to severe community ostracism and exclusion for being girls. The child's protection claim should also be considered on its own merits in a child-sensitive manner in the best interests of the child. Once the principal claimant is recognized as a refugee, other members of the family should normally also be recognized as refugees ("derivative status").
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Girls
- Persons on the move
- Women
- Year
- 2014
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 27
- Paragraph text
- Harm perpetrated against women and girls is often at the hands of non-State actors, including family members, neighbours or society more generally. In such cases, article 2 (e) of the Convention requires that States parties assume their due diligence obligation and ensure that women are effectively protected from harm that may be inflicted by non-State actors. It does not suffice to strive for vertical gender equality of the individual woman vis-à-vis public authorities; States must also work to secure non-discrimination at the horizontal level, even within the family. Harm perpetrated by non-State actors is persecution where the State is unable or unwilling to prevent such harm or protect the claimant because of discriminatory governmental policies or practices.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Person(s) affected
- Families
- Girls
- Persons on the move
- Women
- Year
- 2014
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
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 50a
- Paragraph text
- [States parties should institute gender-sensitive procedural safeguards in asylum procedures to ensure that women asylum seekers are able to present their cases on the basis of equality and non-discrimination. States parties should ensure:] That women asylum seekers have the right to an independent claim to asylum and, in this respect, to be interviewed separately, without the presence of male family members, so that they have the opportunity to present their case;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Families
- 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
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 61d
- 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 has been unable to fulfil administrative steps to confer his nationality or acquire proof of nationality for his children because, for example, he has died, has been forcibly separated from his family or cannot fulfil onerous documentation or other requirements;
- 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