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Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 51
- Paragraph text
- The Convention is a significant tool in international efforts to prevent and reduce statelessness because it particularly affects women and girls with regard to nationality rights. The Convention requires full protection of women's equality in nationality matters. Nationality is the legal bond between a person and a State and is critical to ensuring full participation in society. Nationality is also essential to guaranteeing the exercise and enjoyment of other rights, including the right to enter and reside permanently in the territory of a State and to return to that State from abroad. Article 9 of the Convention is therefore essential to the enjoyment of the full range of human rights by women. While human rights are to be enjoyed by everyone, regardless of nationality status, in practice nationality is frequently a prerequisite for the enjoyment of basic human rights. Without nationality, girls and women are subject to compounded discrimination as women and as non-nationals or stateless persons.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Amending article 20 of the Convention 1995, para. N/A
- Paragraph text
- Considering that the articles of the Convention address the fundamental human rights of women in all aspects of their daily lives and in all areas of society and the State,
- 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
- Women
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 88
- Paragraph text
- States parties should widely disseminate the present joint general recommendation/general comment to parliaments, Governments and the judiciary, nationally and locally. It should also be made known to children and women and all relevant professionals and stakeholders, including those working for and with children (i.e. judges, lawyers, police officers and other law enforcement officials, teachers, guardians, social workers, staff of public or private welfare institutions and shelters and health-care providers) and civil society at large. It should be translated into relevant languages and child-friendly/appropriate versions and formats accessible to persons with disabilities should be made available. Conferences, seminars, workshops and other events should be held to share good practice on how best to implement it. It should also be incorporated into the formal pre-service and in-service training of all relevant professionals and technical staff and should be made available to all national human rights institutions, women's organizations and other human rights non-governmental organizations.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 22
- Paragraph text
- The Committee further considers that, under article 2 (d) of the Convention, States parties undertake to refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions act in conformity with that obligation. That duty encompasses the obligation of States parties to protect women from being exposed to a real, personal and foreseeable risk of serious forms of discrimination against women, including gender-based violence, irrespective of whether such consequences would take place outside the territorial boundaries of the sending State party: if a State party takes a decision relating to a person within its jurisdiction, and the necessary and foreseeable consequence is that the person's basic rights under the Convention will be seriously at risk in another jurisdiction, the State party itself may be in violation of the Convention. The foreseeability of the consequence would mean that there was a present violation by the State party, even though the consequence would not occur until later.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 10
- Paragraph text
- 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.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Women migrant workers 2008, para. 4
- Paragraph text
- The Committee recognizes that migrant women may be classified into various categories relating to the factors compelling migration, the purposes of migration and accompanying tenure of stay, the vulnerability to risk and abuse, and their status in the country to which they have migrated, and their eligibility for citizenship. The Committee also recognizes that these categories remain fluid and overlapping, and that therefore it is sometimes difficult to draw clear distinctions between the various categories. Thus, the scope of this general recommendation is limited to addressing the situations of the following categories of migrant women who, as workers, are in low-paid jobs, may be at high risk of abuse and discrimination and who may never acquire eligibility for permanent stay or citizenship, unlike professional migrant workers in the country of employment. As such, in many cases, they may not enjoy the protection of the law of the countries concerned, at either de jure or de facto levels. These categories of migrant women are: (a) Women migrant workers who migrate independently; (b) Women migrant workers who join their spouses or other members of their families who are also workers; (c) Undocumented women migrant workers who may fall into any of the above categories.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
- Date added
- Aug 19, 2019
Paragraph
Political and public life 1997, para. 26
- Paragraph text
- States parties have a responsibility, where it is within their control, both to appoint women to senior decision-making roles and, as a matter of course, to consult and incorporate the advice of groups which are broadly representative of women's views and interests.
- 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
- Women
- Year
- 1997
- Date added
- Aug 19, 2019
Paragraph
Political and public life 1997, para. 24
- Paragraph text
- The participation of women in government at the policy level continues to be low in general. Although significant progress has been made and in some countries equality has been achieved, in many countries women's participation has actually been reduced.
- 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
- Women
- Year
- 1997
- Date added
- Aug 19, 2019
Paragraph
Amending article 20 of the Convention 1995, para. N/A
- Paragraph text
- Noting that the States parties to the Convention on the Elimination of All Forms of Discrimination against Women, at the request of the General Assembly, will meet during 1995 to consider amending article 20 of the Convention,
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 1995
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Equality in marriage and family relations 1994, para. Article 15.4
- Paragraph text
- [Article 15]: States parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Men
- Women
- Year
- 1994
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Violence against women 1992, para. 8
- Paragraph text
- The Convention applies to violence perpetrated by public authorities. Such acts of violence may breach that State's obligations under general international human rights law and under other conventions, in addition to breaching this Convention.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 1992
- Date added
- Aug 19, 2019
Paragraph
Violence against women 1992, para. 5
- Paragraph text
- The Committee suggested to States parties that in reviewing their laws and policies, and in reporting under the Convention, they should have regard to the following comments of the Committee concerning gender-based violence.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 1992
- Date added
- Aug 19, 2019
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 34b
- Paragraph text
- [The Committee recommends that States parties implement the following measures with regard to coordination and monitoring and the collection of data regarding gender-based violence against women:] Establish a system to regularly collect, analyse and publish statistical data on the number of complaints about all forms of gender-based violence against women, including technology-mediated violence, the number and type of orders of protection issued, the rates of dismissal and withdrawal of complaints, prosecution and conviction and the amount of time taken for the disposal of cases. The system should include information on the sentences imposed on perpetrators and the reparations, including compensation, provided to victims/survivors. All data should be disaggregated by type of violence, relationship between the victim/survivor and the perpetrator, and in relation to intersecting forms of discrimination against women and other relevant sociodemographic characteristics, including the age of the victim/survivor. The analysis of the data should enable the identification of failures in protection and serve to improve and further develop preventive measures, which should, if necessary, include the establishment or designation of observatories for the collection of administrative data on the gender-based killings of women, also referred to as “femicide” or “feminicide”, and attempted killings of women;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 26b
- Paragraph text
- [Executive level] Articles 2 (c), (d) and (f) and 5 (a) provide that States parties are to adopt and adequately provide budgetary resources for diverse institutional measures, in coordination with the relevant State branches. Such measures include the design of focused public policies, the development and implementation of monitoring mechanisms and the establishment and/or funding of competent national tribunals. States parties should provide accessible, affordable and adequate services to protect women from gender-based violence, prevent its reoccurrence and provide or ensure funding for reparations to all victims/survivors. States parties must also eliminate the institutional practices and individual conduct and behaviour of public officials that constitute gender-based violence against women, or tolerate such violence, and that provide a context for lack of a response or for a negligent response. This includes adequate investigation of and sanctions for inefficiency, complicity and negligence by public authorities responsible for the registration, prevention or investigation of such violence or for providing services to victims/survivors. Appropriate measures to modify or eradicate customs and practices that constitute discrimination against women, including those that justify or promote gender-based violence against women, must also be taken at the executive level;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 26a
- Paragraph text
- [Legislative level] According to articles 2 (b), (c), (e), (f) and (g) and 5 (a), States are required to adopt legislation prohibiting all forms of gender-based violence against women and girls, harmonizing national law with the Convention. In the legislation, women who are victims/survivors of such violence should be considered to be right holders. It should contain age-sensitive and gender-sensitive provisions and effective legal protection, including sanctions on perpetrators and reparations to victims/survivors. The Convention provides that any existing norms of religious, customary, indigenous and community justice systems are to be harmonized with its standards and that all laws that constitute discrimination against women, including those which cause, promote or justify gender-based violence or perpetuate impunity for such acts, are to be repealed. Such norms may be part of statutory, customary, religious, indigenous or common law, constitutional, civil, family, criminal or administrative law or evidentiary and procedural law, such as provisions based on discriminatory or stereotypical attitudes or practices that allow for gender-based violence against women or mitigate sentences in that context;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Rights of rural women 2016, para. 30
- Paragraph text
- Article 15 provides for equality of women and men before the law and identical legal capacity in civil matters, so that, for example, rural women have the same legal capacity as men to conclude contracts and administer property independent of their husband or any male guardian.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Rights of rural women 2016, para. 20
- Paragraph text
- Article 4, paragraph 1, provides for the adoption of temporary special measures by States parties to accelerate substantive equality. Such measures may include redistributing decision-making roles and resources. General recommendation No. 25 emphasizes that, where necessary, those measures should be directed at women subjected to multiple discrimination, including rural 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
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 65c
- Paragraph text
- [Many countries have made reservations to:] Article 15, which indicates that States parties shall accord to women a legal capacity in civil matters identical to that of men and the same opportunities to exercise that capacity, and that 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)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 65a
- Paragraph text
- [Many countries have made reservations to:] Article 2 (c), which indicates that States parties undertake to establish legal protection of the rights of women on an equal basis with men and to ensure, through competent national tribunals and other public institutions, the effective protection of women against any act of discrimination;
- 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
- Men
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 55
- Paragraph text
- Transitional and post-conflict situations may result in increased challenges for women seeking to assert their right to access to justice. In its general recommendation No. 30, the Committee highlighted the specific obligations of States parties in connection with access to justice for women in such situations.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 54
- Paragraph text
- Other specialized judicial and quasi-judicial mechanisms, including labour, land claims, electoral and military courts, inspectorates and administrative bodies, also have obligations to comply with international standards of independence, impartiality and efficiency and the provisions of international human rights law, including articles 2, 5 (a) and 15 of the Convention.
- 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
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 45
- Paragraph text
- 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.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 28
- Paragraph text
- Women should be able to rely on a justice system free of myths and stereotypes, and on a judiciary whose impartiality is not compromised by those biased assumptions. Eliminating stereotyping in the justice system is a crucial step in ensuring equality and justice for victims and survivors.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 23
- Paragraph text
- Many of the Committee's concluding observations and views under the Optional Protocol, however, demonstrate that discriminatory procedural and evidentiary rules and a lack of due diligence in the prevention, investigation, prosecution, punishment and provision of remedies for violations of women's rights result in contempt of obligations to ensure that women have equal access to justice.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 4
- Paragraph text
- The scope of the present general recommendation includes the procedures and quality of justice for women at all levels of justice systems, including specialized and quasi-judicial mechanisms. Quasi-judicial mechanisms encompass all actions of public administrative agencies or bodies, similar to those carried out by the judiciary, which have legal effects and may affect legal rights, duties and privileges.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 2
- Paragraph text
- In the present general recommendation, the Committee examines the obligations of States parties to ensure that women have access to justice. These obligations encompass the protection of women's rights against all forms of discrimination with a view to empowering them as individuals and as rights holders. Effective access to justice optimizes the emancipatory and transformative potential of 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
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 19
- Paragraph text
- Article 3 of the Convention against Torture prohibits removal of a person to a country where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. The Committee against Torture, in its general comment No. 2, has explicitly situated gender-based violence and abuse within the scope of the Convention against Torture. Articles 6 and 7 of the International Covenant on Civil and Political Rights also encompass the obligation on States not to extradite, deport, expel or otherwise remove a person from their territory where there are substantial grounds for believing that there is a real risk of irreparable harm in the country to which the person will, or may subsequently, be removed. The Human Rights Committee has further noted that the absolute prohibition of torture that is part of customary international law includes, as an essential corollary component, the prohibition of refoulement to a risk of torture, which entails the prohibition of any return of an individual where he or she would be exposed to a risk of torture, ill-treatment or arbitrary deprivation of life.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph