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Women migrant workers 2008, para. 23b
- Paragraph text
- [Common responsibilities of countries of origin and destination include:] Active involvement of women migrant workers and relevant non-governmental organizations: States parties should seek the active involvement of women migrant workers and relevant non-governmental organizations in policy formulation, implementation, monitoring and evaluation (article 7 (b));
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2008
Párrafo
Women migrant workers 2008, para. 7
- Paragraph text
- Women migrant workers are also entitled to protection from discrimination on the basis of the Convention, which requires States parties to take all appropriate measures without delay to eliminate all forms of discrimination against women and to ensure that they will be able to exercise and enjoy de jure and de facto rights on an equal basis with men in all fields.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2008
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 63l
- Paragraph text
- [In the light of the foregoing, the Committee recommends that States parties that have not already done so:] Implement effective measures to ensure that women and girls have equal access to identity documentation, including proof of nationality;
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Movement
- Personas afectadas
- Girls
- Persons on the move
- Women
- Año
- 2014
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 63k
- Paragraph text
- [In the light of the foregoing, the Committee recommends that States parties that have not already done so:] Collect, analyse and make available sex-disaggregated statistics on stateless persons within their respective territories;
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2014
Párrafo
Core obligations of States parties under article 2 2010, para. 26
- Paragraph text
- The policy must identify women within the jurisdiction of the State party (including non-citizen, migrant, refugee, asylum-seeking and stateless women) as the rights-bearers, with particular emphasis on the groups of women who are most marginalized and who may suffer from various forms of intersectional discrimination.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2010
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 59
- Paragraph text
- Article 9 of the Convention establishes that women enjoy the rights to acquire, change or retain their nationality and to confer their nationality on their children on an equal basis with men. The Committee has interpreted that this right also applies to spouses.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Movement
- Personas afectadas
- Children
- Men
- Persons on the move
- Women
- Año
- 2014
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 63h
- Paragraph text
- [In the light of the foregoing, the Committee recommends that States parties that have not already done so:] Ratify or accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness;
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Gender
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2014
Párrafo
Harmful practices (joint General Recommendation with CRC) 2014, para. 86
- Paragraph text
- Many migrants have a precarious economic and legal status, which increases their vulnerability to all forms of violence, including harmful practices. Migrant women and children often do not have access to adequate services on an equal basis with citizens.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Movement
- Personas afectadas
- Children
- Persons on the move
- Women
- Año
- 2014
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 63i
- Paragraph text
- [In the light of the foregoing, the Committee recommends that States parties that have not already done so:] Refrain from adopting and implementing any measures that deprive women of their nationality and render them stateless;
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2014
Párrafo
Women migrant workers 2008, para. undefined
- Paragraph text
- The Committee, however, emphasizes that all categories of women migrants fall within the scope of the obligations of States parties to the Convention and must be protected against all forms of discrimination by the Convention.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2008
Párrafo
Women migrant workers 2008, para. 10
- Paragraph text
- Even before they leave home, women migrant workers face myriad human rights concerns, including complete bans or restrictions on women's out-migration based on sex or sex combined with age, marital status, pregnancy or maternity status, occupation-specific restrictions or requirements that women must have written permission from male relatives to obtain a passport to travel or migrate. Women are sometimes detained by recruiting agents for training in preparation for departure, during which time they may be subject to financial, physical, sexual or psychological abuse. Women may also suffer the consequences of restricted access to education, training and reliable information on migration, which may lead to increased vulnerability in relation to employers. Exploitative fees may be charged by employment agents, which sometimes cause women, who generally have fewer assets than men, to suffer greater financial hardships and make them more dependent, for example, if they need to borrow from family, friends, or moneylenders at usurious rates.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2008
Párrafo
Women migrant workers 2008, para. 5
- Paragraph text
- Although both men and women migrate, migration is not a gender-neutral phenomenon. The position of female migrants is different from that of male migrants in terms of legal migration channels, the sectors into which they migrate, the forms of abuse they suffer and the consequences thereof. To understand the specific ways in which women are impacted, female migration should be studied from the perspective of gender inequality, traditional female roles, a gendered labour market, the universal prevalence of gender-based violence and the worldwide feminization of poverty and labour migration. The integration of a gender perspective is, therefore, essential to the analysis of the position of female migrants and the development of policies to counter discrimination exploitation and abuse.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Gender
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2008
Párrafo
Women migrant workers 2008, para. 6
- Paragraph text
- All women migrant workers are entitled to the protection of their human rights, which include the right to life, the right to personal liberty and security, the right not to be tortured, the right to be free of degrading and inhumane treatment, the right to be free from discrimination on the basis of sex, race, ethnicity, cultural particularities, nationality, language, religion or other status, the right to be free from poverty, the right to an adequate standard of living, the right to equality before the law and the right to benefit from the due processes of the law. These rights are provided for in the Universal Declaration of Human Rights and the many human rights treaties ratified or acceded to by States Members of the United Nations.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2008
Párrafo
Women migrant workers 2008, para. 19
- Paragraph text
- Women migrant workers may be subjected to particularly disadvantageous terms regarding their stay in a country. They are sometimes unable to benefit from family reunification schemes, which may not extend to workers in female- dominated sectors, such as domestic workers or those in entertainment. Permission to stay in the country of employment may be severely restricted, especially for women migrant workers in domestic work when their time-fixed contracts end or are terminated at the whim of the employer. If they lose their immigration status, they may be more vulnerable to violence by the employer or others who want to abuse the situation. If they are detained, they may be subject to violence perpetrated by officials in detention centres.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2008
Párrafo
Women migrant workers 2008, para. 23a
- Paragraph text
- [Common responsibilities of countries of origin and destination include:] Formulating a comprehensive gender-sensitive and rights-based policy: States parties should use the Convention and the general recommendations to formulate a gender-sensitive, rights-based policy on the basis of equality and non-discrimination to regulate and administer all aspects and stages of migration, to facilitate access of women migrant workers to work opportunities abroad, promoting safe migration and ensuring the protection of the rights of women migrant workers (articles 2 (a) and 3);
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2008
Párrafo
Women in conflict prevention, conflict and post-conflict situations 2013, para. 53
- Paragraph text
- The Committee has previously noted that the Convention applies at every stage of the displacement cycle and that situations of forced displacement and statelessness often affect women differently from men and include gender-based discrimination and violence. Internal and external displacement have specific gender dimensions that occur at all stages in the displacement cycle; during flight, settlement and return within conflict-affected areas, women and girls are especially vulnerable to forced displacement. In addition, they are often subjected to gross human rights violations during flight and in the displacement phase, as well as within and outside camp settings, including risks relating to sexual violence, trafficking and the recruitment of girls into armed forces and rebel groups.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Humanitarian
- Movement
- Violence
- Personas afectadas
- Girls
- Women
- Año
- 2013
Párrafo
Women in conflict prevention, conflict and post-conflict situations 2013, para. 58
- Paragraph text
- In addition to the heightened risks faced by internally displaced persons, refugees and asylum seekers, conflict can also be both a cause and a consequence of statelessness, rendering women and girls particularly vulnerable to various forms of abuse in both the private and public domains. Statelessness can arise when a woman's experience of conflict intersects with discrimination with regard to nationality rights, such as laws that require women to change nationality upon marriage or its dissolution or that deny them the ability to pass on their nationality.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Humanitarian
- Movement
- Personas afectadas
- Girls
- Persons on the move
- Women
- Año
- 2013
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 33
- Paragraph text
- Articles 3 and 10 to 13 of the Convention entail that women seeking asylum and women refugees be granted, without discrimination, the right to accommodation, education, health care and other support, including food, clothing and necessary social services, appropriate to their particular needs as women. In addition, women refugees should be offered sources of livelihood and employment opportunities. Obligations include providing information on their rights and practical information on how to gain access to such services in a language that they understand. Given the high levels of illiteracy among women in some societies, special assistance may be required.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2014
Párrafo
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.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Movement
- Personas afectadas
- Children
- Families
- Persons on the move
- Women
- Año
- 2014
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 18
- Paragraph text
- Bearing in mind that the vast majority of States have become parties to international instruments prohibiting the refoulement of asylum seekers and refugees, in addition to State practice and, among others, the practice whereby non-signatory States to the 1951 Convention relating to the Status of Refugees host large numbers of refugees, often in mass-influx situations, the prohibition of refoulement of refugees, as enshrined in article 33 of the Convention and complemented by non-refoulement obligations under international human rights law, constitutes a rule of customary international law.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Gender
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2014
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 10
- Paragraph text
- The provisions of the Convention reinforce and complement the international legal protection regime for refugees and stateless women and girls, especially because explicit gender equality provisions are absent from relevant international agreements, notably the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto, the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Gender
- Governance & Rule of Law
- Movement
- Personas afectadas
- Girls
- Persons on the move
- Women
- Año
- 2014
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 23
- Paragraph text
- The Committee is therefore of the view that States parties have an obligation to ensure that no woman will be expelled or returned to another State where her life, physical integrity, liberty and security of person would be threatened, or where she would risk suffering serious forms of discrimination, including serious forms of gender-based persecution or gender-based violence. What amounts to serious forms of discrimination against women, including gender-based violence, will depend on the circumstances of each case.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Movement
- Violence
- Personas afectadas
- Persons on the move
- Women
- Año
- 2014
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 45
- Paragraph text
- States parties should recognize that trafficking is part and parcel of gender- related persecution, with the result that women and girls who are victims of trafficking or who fear becoming victims should be informed of and effectively enjoy the right of access to asylum procedures without discrimination or any preconditions. States parties are encouraged to classify victims of trafficking under the "social group" ground in the refugee definition in line with the UNHCR "Guidelines on international protection: the application of article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees to victims of trafficking and persons at risk of being trafficked" and are recommended to take measures so that women and girls are not returned to places where they risk being retrafficked.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Movement
- Personas afectadas
- Girls
- Persons on the move
- Women
- Año
- 2014
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 17
- Paragraph text
- The principle of non-refoulement of refugees is the cornerstone of refugee protection and is a norm of customary international law. Since its formal codification in the 1951 Convention relating to the Status of Refugees, it has been developing and has been integrated into international human rights instruments, namely the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (art. 3) and the International Covenant on Civil and Political Rights (art. 7). In addition, the prohibition of refoulement to a risk of cruel, inhuman or degrading treatment or punishment is codified in a number of regional human rights treaties and international non-binding documents.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Gender
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2014
Párrafo
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").
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Personas afectadas
- Children
- Families
- Girls
- Persons on the move
- Women
- Año
- 2014
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 35
- Paragraph text
- States parties should review and remove any reservations to the Convention; consider ratifying the Optional Protocol to the Convention; and consider acceding to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto, as well as to other relevant international and regional instruments. They should remove any reservations to those instruments, adopt an asylum law in line with those instruments and apply those instruments in a complementary manner.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Gender
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2014
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 1
- Paragraph text
- Through the present general recommendation, the Committee on the Elimination of Discrimination against Women aims to provide authoritative guidance to States parties on legislative, policy and other appropriate measures to ensure the implementation of their obligations under the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol thereto regarding non-discrimination and gender equality relating to refugee status, asylum, nationality and statelessness of women.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2014
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 8
- Paragraph text
- In the context of asylum, refugee status, nationality and statelessness, the obligation to respect requires that States parties refrain from engaging in any act of discrimination against women that directly or indirectly results in the denial of the equal enjoyment of their rights with men and ensure that State authorities, officials, agents, institutions and other actors acting on behalf of the State act in conformity with that obligation. States parties also have a due-diligence obligation to take the legislative and other measures necessary to prevent and investigate acts of discrimination against women that are perpetrated by non-State actors, to prosecute and adequately punish perpetrators of such acts and to provide reparations to women who are victims of discrimination. The obligation to protect requires States parties to, among other things, take all appropriate measures to ensure that State and private actors do not unlawfully infringe on the rights of women. The obligation to fulfil encompasses the obligation of States parties to facilitate access to and provide for the full realization of women's rights. It also requires States parties to promote de facto or substantive equality with men through all appropriate means, including through specific and effective policies and programmes aimed at improving the position of women and achieving such equality, including, where appropriate, through the adoption of temporary special measures in accordance with article 4 (1) of the Convention and general recommendation No. 25.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2014
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 21
- Paragraph text
- The Committee notes that the Convention, as an instrument to prevent discrimination against women, contains no explicit provision on non-refoulement. In the framework of its work on individual communications under the Optional Protocol, the Committee has had to address States parties' objections to the effect that the Committee has no competence to deal with cases submitted on behalf of asylum seekers whose applications have been rejected at the national level but who claim that they would be exposed to the risk of sexual and/or gender-based violence and persecution if forcibly returned to their country of origin. In reply, the Committee has noted, among other things, that, under international human rights law, the non-refoulement principle imposes a duty on States to refrain from returning a person to a jurisdiction in which he or she may face serious violations of human rights, notably arbitrary deprivation of life or torture or other cruel, inhuman or degrading treatment or punishment. In addition, the Committee recalls that civil and political rights and freedoms, including the right to life and the right not to be subjected to torture or ill-treatment, are implicitly covered by the Convention, and thus States parties are under the obligation not to extradite, deport, expel or otherwise remove a person from their territory to the territory of another State where there are substantial grounds for believing that there is a real risk of irreparable harm.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Violence
- Personas afectadas
- Persons on the move
- Women
- Año
- 2014
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 50e
- 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 a supportive interview environment is established so that the claimant can provide her account, including disclosure of sensitive and personal information, especially for survivors of trauma, torture and/or ill-treatment and sexual violence, and that sufficient time is allocated for interviews;
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2014
Párrafo