CEDAW/C/GC/40
decision-making systems within a clear time frame. Such a legal framework is
currently insufficient or lacks implementation or institutionalization.
26.
The Committee recommends that States parties:
(a) Ensure the full implementation of the Convention, including by
abolishing all discriminatory legislative provisions and ensuring equality before
the law, including in the Constitution, repealing all reservations to the
Convention, adopting legislation and other measures for substantive equality in
all fields, including all newly emerging fields and technologies, and harmonizing
customary law with the Convention;
(b) Amend the constitution and legislative frameworks to institutionalize
fifty-fifty parity between women and men in all spheres of decision-making;
(c) Adopt a parity strategy at the local, national, regional and
international levels and corresponding national action plans on parity in all
spheres and at all levels of decision-making, with a tangible objective of
achieving parity by 2030, based on analysis and update of cross-cutting,
comprehensive, disaggregated and cutting-edge data, monitoring progress and
setbacks, and regularly publish those data and include them in regular reporting
to the Committee;
(d) Promote support for and understanding of the non-discriminatory
nature of temporary and permanent measures for parity through educational
and awareness-raising measures on substantive equality;
(e) Ensure parity, transparency and integrity in nomination and selection
processes for decision-making positions at the local, national, regional and
international levels;
(f) Enforce parity requirements by establishing or strengthening
monitoring bodies and stipulating penalties for non-compliance.
2.
Intersectionality and diversity among women
27. In the Convention, it is recognized that women can face multiple and
intersecting forms of discrimination, mentioning women in poverty (preamble),
women of a particular marital status (articles 9, 11 and 16), pregnant women
(articles 11 and 12) and rural women (article 14). By mentioning specific groups of
women, it is made clear that, to eliminate all forms of discrimination against women,
States parties must also tackle all possible intersecting factors of discrimination. In
various general recommendations and concluding observations, the Committee
observes how discrimination against women interacts with other forms of
discrimination, including that based on race, ethnicity, indigenous status, religion,
belief, health, status, disability, age, class, caste, sexual orientation, gender identity,
political opinion, national origin, marital and/or maternal status, socioeconomic
status, and refugee, asylum-seeking, displaced or migratory status. That list is
non-exhaustive and might vary across countries and over time and include newly
emerging forms of discrimination, such as discrimination against climate refugees.
The Committee has also specifically and constantly stressed the rights of women in
all their diversity to participate in decision-making at all levels.
28. The Committee notes that women subjected to intersecting forms of
discrimination will encounter additional barriers to access decision -making roles. It
identifies a lack of statistical data on women in decision -making, disaggregated by
other grounds of discrimination. The Committee stresses that all aspects of the present
general recommendation should be interpreted within an intersectional framework.
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