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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Children in street situations 2017, para. 4 | Aug 19, 2019 | Paragraph | In the past, the terms used to describe children in street situations have included “street children”, “children on the street”, “children of the street”, “runaway children”, “throwaway children”, “children living and/or working on the street”, “homeless children” and “street-connected children”. In the present general comment, the term “children in street situations” is used to comprise: (a) children who depend on the streets to live and/or work, whether alone, with peers or with family; and (b) a wider population of children who have formed strong connections with public spaces and for whom the street plays a vital role in their everyday lives and identities. This wider population includes children who periodically, but not always, live and/or work on the streets and children who do not live or work on the streets but who regularly accompany their peers, siblings or family in the streets. Concerning children in street situations, “being in public spaces” is understood to include spending a significant amount of time on streets or in street markets, public parks, public community spaces, squares and bus and train stations. It does not include public buildings such as schools, hospitals or other comparable institutions. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2017 | ||
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 25 | Aug 19, 2019 | Paragraph | To fulfil their obligations under article 23, paragraph 4, States parties must ensure that the matrimonial regime contains equal rights and obligations for both spouses with regard to the custody and care of children, the children's religious and moral education, the capacity to transmit to children the parent's nationality, and the ownership or administration of property, whether common property or property in the sole ownership of either spouse. States parties should review their legislation to ensure that married women have equal rights in regard to the ownership and administration of such property, where necessary. Also, States parties should ensure that no sex-based discrimination occurs in respect of the acquisition or loss of nationality by reason of marriage, of residence rights, and of the right of each spouse to retain the use of his or her original family name or to participate on an equal basis in the choice of a new family name. Equality during marriage implies that husband and wife should participate equally in responsibility and authority within the family. | Human Rights Committee
| General Comment / Recommendation |
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| 2000 | ||
Economic consequences of marriage, family relations and their dissolution 2013, para. 10 | Aug 19, 2019 | Paragraph | The constitutions or legal frameworks of a number of States parties still provide that personal status laws (relating to marriage, divorce, distribution of marital property, inheritance, guardianship, adoption and other such matters) are exempt from constitutional provisions prohibiting discrimination or reserve matters of personal status to the ethnic and religious communities within the State party to determine. In such cases, constitutional equal protection provisions and anti-discrimination provisions do not protect women from the discriminatory effects of marriage under customary practices and religious laws. Some States parties have adopted constitutions that include equal protection and non discrimination provisions but have not revised or adopted legislation to eliminate the discriminatory aspects of their family law regimes, whether they are regulated by civil code, religious law, ethnic custom or any combination of laws and practices. All these constitutional and legal frameworks are discriminatory, in violation of article 2 in conjunction with articles 5, 15 and 16 of the Convention. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2013 | ||
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 35 | Aug 19, 2019 | Paragraph | Family reunification in the country of origin should not be pursued where there is a “reasonable risk” that such a return would lead to the violation of the human rights of the child. When family reunification in the country of origin is not in the best interests of the child or not possible due to legal or other obstacles to return, the obligations under article 9 and 10 of the Convention of the Rights of the Child come into effect and should govern the State’s decisions on family reunification therein. Measures for parents to reunify with their children and/or regularize their status on the basis of their children’s best interests should be put in place. Countries should facilitate family reunification procedures in order to complete them in an expeditious manner, in line with the best interests of the child. It is recommended that States apply best interest determination procedures in finalizing family reunification. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 11 | Aug 19, 2019 | Paragraph | Instead, States should adopt solutions that fulfil the best interests of the child, along with their rights to liberty and family life, through legislation, policy and practices that allow children to remain with their family members and/or guardians in non-custodial, community-based contexts while their immigration status is being resolved and the children’s best interests are assessed, as well as before return. When children are unaccompanied, they are entitled to special protection and assistance by the State in the form of alternative care and accommodation in accordance with the Guidelines for the Alternative Care of Children When children are accompanied, the need to keep the family together is not a valid reason to justify the deprivation of liberty of a child. When the child’s best interests require keeping the family together, the imperative requirement not to deprive the child of liberty extends to the child’s parents and requires the authorities to choose non-custodial solutions for the entire family. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 35 | Aug 19, 2019 | Paragraph | Family reunification in the country of origin should not be pursued where there is a “reasonable risk” that such a return would lead to the violation of the human rights of the child. When family reunification in the country of origin is not in the best interests of the child or not possible due to legal or other obstacles to return, the obligations under article 9 and 10 of the Convention of the Rights of the Child come into effect and should govern the State’s decisions on family reunification therein. Measures for parents to reunify with their children and/or regularize their status on the basis of their children’s best interests should be put in place. Countries should facilitate family reunification procedures in order to complete them in an expeditious manner, in line with the best interests of the child. It is recommended that States apply best interest determination procedures in finalizing family reunification. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 11 | Aug 19, 2019 | Paragraph | Instead, States should adopt solutions that fulfil the best interests of the child, along with their rights to liberty and family life, through legislation, policy and practices that allow children to remain with their family members and/or guardians in non-custodial, community-based contexts while their immigration status is being resolved and the children’s best interests are assessed, as well as before return. When children are unaccompanied, they are entitled to special protection and assistance by the State in the form of alternative care and accommodation in accordance with the Guidelines for the Alternative Care of Children When children are accompanied, the need to keep the family together is not a valid reason to justify the deprivation of liberty of a child. When the child’s best interests require keeping the family together, the imperative requirement not to deprive the child of liberty extends to the child’s parents and requires the authorities to choose non-custodial solutions for the entire family. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 33 | Aug 19, 2019 | Paragraph | [The Committees stress that States parties should:] If determined that it is in the best interests of the child to be returned, an individual plan should be prepared, together with the child where possible, for his or her sustainable reintegration. The Committees stress that countries of origin, transit, destination and return should develop comprehensive frameworks with dedicated resources for the implementation of policies and comprehensive inter-institutional coordination mechanisms. Such frameworks should ensure, in cases of children returning to their countries of origin or third countries, their effective reintegration through a rights-based approach, including immediate protection measures and long-term solutions, in particular effective access to education, health, psychosocial support, family life, social inclusion, access to justice and protection from all forms of violence. In all such situations, a quality rights-based follow-up by all involved authorities, including independent monitoring and evaluation, should be ensured. The Committees highlight that return and reintegration measures should be sustainable from the perspective of the child’s right to life, survival and development. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 32k | Aug 19, 2019 | Paragraph | [The Committees stress that States parties should:] Develop and put into practice, with regard to unaccompanied children and children with families, a best-interests determination procedure aimed at identifying and applying comprehensive, secure and sustainable solutions, including further integration and settlement in the country of current residence, repatriation to the country of origin or resettlement in a third country. Such solutions may include medium-term options and ensuring that there are possibilities for children and families to gain access to secure residence status in the best interests of the child. Best-interest determination procedures should be guided by child protection authorities within child protection systems. Possible solutions and plans should be discussed and developed together with the child, in a child-friendly and sensitive manner, in accordance with Committee on the Rights of the Child general comment No. 12 (2009) on the right of the child to be heard; | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 28 | Aug 19, 2019 | Paragraph | Recognizing that the best interests of the child — once assessed and determined — might conflict with other interests or rights (e.g. of other children, the public and parents) and that potential conflicts have to be resolved on a case-by-case basis, carefully balancing the interests of all parties and finding a suitable compromise, the Committee stresses in paragraph 39 of its general comment No. 14 that the right of the child to have his or her best interests taken as a primary consideration means that the child’s interests have high priority and are not just one of several considerations. Therefore, a larger weight must be attached to what serves the child best. It further states in paragraph 82 that the purpose of assessing and determining the best interests of the child is to ensure the full and effective enjoyment of the rights recognized in the Convention on the Rights of the Child, and the holistic development of the child. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 33 | Aug 19, 2019 | Paragraph | [The Committees stress that States parties should:] If determined that it is in the best interests of the child to be returned, an individual plan should be prepared, together with the child where possible, for his or her sustainable reintegration. The Committees stress that countries of origin, transit, destination and return should develop comprehensive frameworks with dedicated resources for the implementation of policies and comprehensive inter-institutional coordination mechanisms. Such frameworks should ensure, in cases of children returning to their countries of origin or third countries, their effective reintegration through a rights-based approach, including immediate protection measures and long-term solutions, in particular effective access to education, health, psychosocial support, family life, social inclusion, access to justice and protection from all forms of violence. In all such situations, a quality rights-based follow-up by all involved authorities, including independent monitoring and evaluation, should be ensured. The Committees highlight that return and reintegration measures should be sustainable from the perspective of the child’s right to life, survival and development. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 32k | Aug 19, 2019 | Paragraph | [The Committees stress that States parties should:] Develop and put into practice, with regard to unaccompanied children and children with families, a best-interests determination procedure aimed at identifying and applying comprehensive, secure and sustainable solutions, including further integration and settlement in the country of current residence, repatriation to the country of origin or resettlement in a third country. Such solutions may include medium-term options and ensuring that there are possibilities for children and families to gain access to secure residence status in the best interests of the child. Best-interest determination procedures should be guided by child protection authorities within child protection systems. Possible solutions and plans should be discussed and developed together with the child, in a child-friendly and sensitive manner, in accordance with Committee on the Rights of the Child general comment No. 12 (2009) on the right of the child to be heard; | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 28 | Aug 19, 2019 | Paragraph | Recognizing that the best interests of the child — once assessed and determined — might conflict with other interests or rights (e.g. of other children, the public and parents) and that potential conflicts have to be resolved on a case-by-case basis, carefully balancing the interests of all parties and finding a suitable compromise, the Committee stresses in paragraph 39 of its general comment No. 14 that the right of the child to have his or her best interests taken as a primary consideration means that the child’s interests have high priority and are not just one of several considerations. Therefore, a larger weight must be attached to what serves the child best. It further states in paragraph 82 that the purpose of assessing and determining the best interests of the child is to ensure the full and effective enjoyment of the rights recognized in the Convention on the Rights of the Child, and the holistic development of the child. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Children in street situations 2017, para. 38 | Aug 19, 2019 | Paragraph | In addition to association and peaceful assembly in the context of civil and political rights, the Committee emphasizes the importance of respecting the choice of children in street situations to associate together in public spaces, without threat to public order, to satisfy their survival and development rights (art. 6), for rest, play and leisure (art. 31), to create networks and organize their social life, and as a key feature of their lives in general. For children in street situations, this type of gathering together is part of living. It cannot always be broken down into discrete activities like eating, sleeping or recreation. For children not in street situations, this cooperative coexistence with others mainly takes place in settings like the family household or school. For children in street situations, it takes place in public spaces. Such children need to have a safe space in which they can exercise their right to association, interpreted here in conjunction with other rights protected under the Convention as “spending time with others in public spaces”. The Committee has explored the decreasing tolerance of children in public spaces in relation to article 31. In the present general comment, it extends those concerns, regarding decreasing tolerance, to the use of public spaces by children for purposes other than those covered under article 31. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2017 | ||
Children in street situations 2017, para. 35 | Aug 19, 2019 | Paragraph | To strengthen prevention, States should build the capacity of parents, extended families, legal guardians and community members to provide appropriate direction and guidance to children, helping them to take into account the child’s views, in accordance with their age and maturity; to provide a safe and supportive environment in which the child can develop; and to recognize the child as an active rights holder who is increasingly able to exercise those rights as they develop, given proper guidance and direction. The Committee has already elaborated the principle of the evolving capacities of the child: the more the child knows, has experienced and understands, the more the parent or legal guardian has to transform direction and guidance into reminders and advice, and later to an exchange on an equal footing. Children in street situations require particularly sensitive direction and guidance that respects their life experience. The majority of children in street situations maintain contact with families, and there is increasing evidence on effective ways to strengthen those family connections. If children in street situations have few or no positive connections with parents, extended families or legal guardians, then the role of community members, as referenced in article 5, takes on a stronger significance and this is understood to include support from trustworthy adults associated with civil society organizations. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2017 | ||
Children in street situations 2017, para. 17 | Aug 19, 2019 | Paragraph | Within a legislative and policy framework, budgeting for, developing and strengthening holistic child protection systems, on the basis of a child rights approach, forms the basis of the practical measures required for prevention and response strategies. Such national child protection systems need to reach children in street situations and should incorporate fully the specific services they need. The systems need to provide a continuum of care across all relevant contexts, including prevention, early intervention, street outreach, helplines, drop-in centres, day-care centres, temporary residential care, family reunification, foster care, independent living or other short- or long-term care options. However, not all of these contexts are relevant for all children in street situations. For example, prevention and early intervention are priorities for children at the early stages of developing strong and harmful street connections, but are not relevant for children born in street situations. Some children may not experience residential placements while, for others, family reunification is not relevant or appropriate. Strategies should make it clear that a child rights approach needs to apply to each and every context. Administrative burdens and delays in gaining access to child protection systems should be reduced. Information should be made available in child-friendly and accessible formats and children in street situations should be supported to understand and navigate child protection systems. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2017 | ||
The right of the child to freedom from all forms of violence 2011, para. 5 | Aug 19, 2019 | Paragraph | States' obligations and the responsibilities of family and other actors. References to "States parties" relate to the obligations of States parties to assume their responsibilities towards children not only at the national level, but also at the provincial and municipal levels. These special obligations are due diligence and the obligation to prevent violence or violations of human rights, the obligation to protect child victims and witnesses from human rights violations, the obligation to investigate and to punish those responsible, and the obligation to provide access to redress human rights violations. Regardless of whether violence takes place, States parties have a positive and active obligation to support and assist parents and other caregivers to secure, within their abilities and financial capacities and with respect for the evolving capacities of the child, the living conditions necessary for the child's optimal development (arts. 18 and 27). States parties, furthermore, shall ensure that all persons who, within the context of their work, are responsible for the prevention of, protection from, and reaction to violence and in the justice systems are addressing the needs and respecting the rights of children. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2011 | ||
The right of the child to freedom from all forms of violence 2011, para. 33 | Aug 19, 2019 | Paragraph | Definition of "caregivers". The Committee considers that, while respecting the evolving capacities and progressive autonomy of the child, all human beings below the age of 18 years are nonetheless "in the care of" someone, or should be. There are only three conditions for children: emancipated , in the care of primary or proxy caregivers, or in the de facto care of the State. The definition of "caregivers", referred to in article 19, paragraph 1, as "parent(s), legal guardian(s) or any other person who has the care of the child", covers those with clear, recognized legal, professional-ethical and/or cultural responsibility for the safety, health, development and well-being of the child, primarily: parents, foster parents, adoptive parents, caregivers in kafalah of Islamic law, guardians, extended family and community members; education, school and early childhood personnel; child caregivers employed by parents; recreational and sports coaches - including youth group supervisors; workplace employers or supervisors; and institutional personnel (governmental or non-governmental) in the position of caregivers for example responsible adults in health-care, juvenile-justice and drop-in and residential-care settings. In the case of unaccompanied children, the State is the de facto caregiver. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2011 | ||
Implementing child rights in early childhood 2006, para. 16 | Aug 19, 2019 | Paragraph | Parents/primary caregivers and children's best interests. The responsibility vested in parents and other primary caregivers is linked to the requirement that they act in children's best interests. Article 5 states that parents' role is to offer appropriate direction and guidance in "the exercise by the child of the rights in the … Convention". This applies equally to younger as to older children. Babies and infants are entirely dependent on others, but they are not passive recipients of care, direction and guidance. They are active social agents, who seek protection, nurturance and understanding from parents or other caregivers, which they require for their survival, growth and well being. Newborn babies are able to recognize their parents (or other caregivers) very soon after birth, and they engage actively in non verbal communication. Under normal circumstances, young children form strong mutual attachments with their parents or primary caregivers. These relationships offer children physical and emotional security, as well as consistent care and attention. Through these relationships children construct a personal identity and acquire culturally valued skills, knowledge and behaviours. In these ways, parents (and other caregivers) are normally the major conduit through which young children are able to realize their rights. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2006 | ||
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 40 | Aug 19, 2019 | Paragraph | [Such care and accommodation arrangements should comply with the following parameters:] In accordance with the principle of family unity, siblings should be kept together; | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2005 | ||
The right of the child to have his or her best interest taken as a primary consideration 2013, para. 70 | Aug 19, 2019 | Paragraph | Preservation of the family environment encompasses the preservation of the ties of the child in a wider sense. These ties apply to the extended family, such as grandparents, uncles/aunts as well friends, school and the wider environment and are particularly relevant in cases where parents are separated and live in different places. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2013 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 36d | Aug 19, 2019 | Paragraph | [In accordance with article 17, paragraph 1, of the Convention, States parties have an obligation to treat migrant workers and members of their families who are deprived of their liberty with humanity, and with respect for their inherent dignity and cultural identity. In order to respect the inherent dignity of migrant workers and members of their families who are deprived of their liberty, States parties are obliged to ensure adequate conditions in line with applicable international standards, including the provision of adequate sanitary, bathing and shower facilities; adequate food (including appropriate food for those observing religious dietary laws) and drinking water; the right to communicate with relatives and friends; access to qualified medical personnel, and adequate opportunities to practise their faith, for example. It also requires States parties to ensure that they are not subjected to any form of inhumane treatment, including sexual violence and abuse, by guards or other detainees or inmates. States parties must therefore:] Investigate complaints of torture and other forms of ill-treatment in places where migrant workers or members of their families are deprived of their liberty; and | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
State obligations regarding the impact of the business sector on children’s rights 2013, para. 35 | Aug 19, 2019 | Paragraph | The informal economy engages an important part of the economically active population in many countries and contributes significantly to gross national product. However, children's rights can be particularly at risk from business activities that take place outside of the legal and institutional frameworks that regulate and protect rights. For example, products that are manufactured or handled in this context, such as toys, garments or foodstuffs, can be unhealthy and/or unsafe for children. Also, a concentrated number of children are often found in hidden areas of informal work, such as small family enterprises, agricultural and hospitality sectors. Such work frequently involves precarious employment status, low, irregular or no remuneration, health risks, a lack of social security, limited freedom of association and inadequate protection from discrimination and violence or exploitation. It can prevent children from attending school, doing schoolwork and having adequate rest and play, potentially infringing articles 28, 29 and 31 of the Convention. Moreover, parents or caregivers working in the informal economy often have to work long hours to obtain subsistence-level earnings, thus seriously limiting their opportunities to exercise parental responsibilities or care for children in their charge. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2013 | ||
State obligations regarding the impact of the business sector on children’s rights 2013, para. 19 | Aug 19, 2019 | Paragraph | The activities and operations of business enterprises can impact on the realization of article 6 in different ways. For example, environmental degradation and contamination arising from business activities can compromise children's rights to health, food security and access to safe drinking water and sanitation. Selling or leasing land to investors can deprive local populations of access to natural resources linked to their subsistence and cultural heritage; the rights of indigenous children may be particularly at risk in this context. The marketing to children of products such as cigarettes and alcohol as well as foods and drinks high in saturated fats, trans-fatty acids, sugar, salt or additives can have a long-term impact on their health. When business employment practices require adults to work long hours, older children, particularly girls, may take on their parent's domestic and childcare obligations, which can negatively impact their right to education and to play; additionally, leaving children alone or in the care of older siblings can have implications for the quality of care and the health of younger children. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2013 | ||
The right of the child to freedom from all forms of violence 2011, para. 56 | Aug 19, 2019 | Paragraph | When appropriate, juvenile or family specialized courts and criminal procedures should be established for child victims of violence. This could include the establishment of specialized units within the police, the judiciary and the prosecutor's office with the possibility of providing accomodations in the judicial process to ensure equal and fair participation of children with disabilities. All professionals working with and for children and involved in such cases should receive specific interdisciplinary training on the rights and needs of children of different age groups, as well as on proceedings that are adapted to them. While implementing a multidisciplinary approach, professional rules on confidentiality should be respected. The decision to separate a child from his or her parent(s) or family environment must be made only when it is in the child's best interests (art. 9 and art. 20, para. 1). However, in cases of violence where perpetrators are primary caregivers, within the child rights safeguards listed above, and depending on the severity and other factors, intervention measures focusing on social and educational treatment and a restaurative approach are often preferable to a purely punitive judicial involvement. Effective remedies should be available, including compensation to victims and access to redress mechanisms and appeal or independent complaint mechanisms. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2011 | ||
The right of the child to freedom from all forms of violence 2011, para. 47c (i) | Aug 19, 2019 | Paragraph | [Prevention measures include, but are not limited to:] For families and communities: Supporting parents and caregivers to understand, embrace and implement good child-rearing, based on knowledge of child rights, child development and techniques for positive discipline in order to support families' capacity to provide children with care in a safe environment; | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2011 | ||
Women’s access to justice 2015, para. 46b | Aug 19, 2019 | Paragraph | [The Committee recommends that States parties:] Consider the creation, within the same institutional framework, of gender-sensitive family judicial or quasi-judicial mechanisms to deal with issues such as property settlement, land rights, inheritance, dissolution of marriage and child custody; and | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Women’s access to justice 2015, para. 46a | Aug 19, 2019 | Paragraph | [The Committee recommends that States parties:] Adopt written family codes or personal status laws that provide for equal access to justice between spouses or partners irrespective of their religious or ethnic identity or community, in accordance with the Convention and the Committee's general recommendations; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Women’s access to justice 2015, para. 45 | Aug 19, 2019 | Paragraph | Inequality in the family underlies all other aspects of discrimination against women and is often justified in the name of ideology, tradition and culture. The Committee has repeatedly emphasized that family laws and the mechanisms of their application must comply with the principle of equality enshrined in articles 2, 15 and 16 of the Convention. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2015 | ||
Economic consequences of marriage, family relations and their dissolution 2013, para. 52 | Aug 19, 2019 | Paragraph | The laws or practices of some States parties restrict the use of a will to override discriminatory laws and customs and increase women's share of inheritance. States parties are obligated to adopt laws relating to the making of wills that provide equal rights to women and men as testators, heirs and beneficiaries. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2013 |