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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
Gender-based violence against women, updating general recommendation No. 19 2017, para. 14
- Paragraph text
- Gender-based violence affects women throughout their life cycle and, accordingly, references to women in the present document include girls. Such violence takes multiple forms, including acts or omissions intended or likely to cause or result in death or physical, sexual, psychological or economic harm or suffering to women, threats of such acts, harassment, coercion and arbitrary deprivation of liberty. Gender-based violence against women is affected and often exacerbated by cultural, economic, ideological, technological, political, religious, social and environmental factors, as evidenced, among other things, in the contexts of displacement, migration, the increased globalization of economic activities, including global supply chains, the extractive and offshoring industry, militarization, foreign occupation, armed conflict, violent extremism and terrorism. Gender-based violence against women is also affected by political, economic and social crises, civil unrest, humanitarian emergencies, natural disasters and the destruction or degradation of natural resources. Harmful practices and crimes against women human rights defenders, politicians, activists or journalists are also forms of gender-based violence against women affected by such cultural, ideological and political factors.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 54
- Paragraph text
- States parties, and in particular immigration and asylum officials, should be aware that women and girls may be fleeing their country of origin to avoid undergoing a harmful practice. Those officials should receive appropriate cultural, legal and gender-sensitive training on what steps need to be taken for the protection of such women and girls.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 23
- Paragraph text
- Forced marriages are marriages in which one and/or both parties have not personally expressed their full and free consent to the union. They may be manifested in various forms, including child marriage, as indicated above, exchange or trade-off marriages (i.e. baad and baadal), servile marriages and levirate marriages (coercing a widow to marry a relative of her deceased husband). In some contexts, a forced marriage may occur when a rapist is permitted to escape criminal sanctions by marrying the victim, usually with the consent of her family. Forced marriages may occur in the context of migration in order to ensure that a girl marries within the family's community of origin or to provide extended family members or others with documents to migrate to and/or live in a particular destination country. Forced marriages are also increasingly being used by armed groups during conflict or may be a means for a girl to escape post-conflict poverty. Forced marriage may also be defined as a marriage in which one of the parties is not permitted to end or leave it. Forced marriages often result in girls lacking personal and economic autonomy and attempting to flee or commit self-immolation or suicide to avoid or escape the marriage.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Girls
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 34
- Paragraph text
- Gender sensitivity should be reflected in reception arrangements, taking into account the specific needs of victims of sexual abuse and exploitation, of trauma and torture or ill-treatment and of other particularly vulnerable groups of women and girls. Reception arrangements should also allow for the unity of the family as present within the territory, in particular in the context of reception centres. As a general rule, pregnant women and nursing mothers, who both have special needs, should not be detained. Where detention of women asylum seekers is unavoidable, separate facilities and materials are required to meet the specific hygiene needs of women. The use of female guards and warders should be promoted. All staff assigned to work with women detainees should receive training relating to the gender-specific needs and human rights of women. Pursuant to articles 1, 2, 5 (a) and 12 of the Convention, failure to address the specific needs of women in immigration detention and ensure the respectful treatment of detained women asylum seekers could constitute discrimination within the meaning of the Convention. Not least for the purposes of avoiding violence against women, separate facilities for male and female detainees are required, unless in family units, and alternatives to detention are to be made available.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Women in conflict prevention, conflict and post-conflict situations 2013, para. 40
- Paragraph text
- Trafficking may also occur when third-party countries seek to restrict migrant influxes out of conflict-affected areas through measures such as interdiction, expulsion or detention. Restrictive, sex-specific or discriminatory migration policies that limit opportunities for women and girls fleeing from conflict zones may heighten their vulnerability to exploitation and trafficking.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 53
- Paragraph text
- Without status as nationals or citizens, stateless women and girls are often marginalized, deprived of the right to vote or stand for public office and may be denied access to public benefits, a choice of residence and free movement, in addition to access to various rights and benefits flowing from status as a national, including rights to education, health care, property or employment.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Women in conflict prevention, conflict and post-conflict situations 2013, para. 22
- Paragraph text
- The provisions of the Convention prohibiting discrimination against women reinforce and complement the international legal protection regime for refugees and displaced and stateless women and girls in many settings, especially because explicit gender equality provisions are absent from relevant international agreements, notably the 1951 Convention relating to the Status of Refugees and its 1967 Protocol.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 53
- Paragraph text
- Despite international, regional and national efforts to implement an effective humanitarian response to current crises, the increasing number of unaccompanied and separated children poses severe challenges to transit and destination countries and humanitarian agencies with respect to protecting and supporting refugee and migrant children adequately. The absence or inadequacy of child protection systems, the lack of coordination among different child protection services and the limited capacity in camps to host children in specialized and separated facilities exacerbate the risks to exploitation to which they are exposed during their journey. The lengthy processing of family reunification and resettlement solutions or inefficient family reunification procedures, in addition to poor living conditions experienced in camps and the possibility to be placed in detention, are all factors driving migrant children to avoid the child protection system in transit and destination countries. Moreover, a lack of knowledge and awareness among the humanitarian community about the vulnerabilities experienced by boys and girls on the move, together with the children’s lack of information about their own situation, represent further barriers in protecting children’s rights effectively in situations of conflict and humanitarian crisis. Other gaps include a lack of timely information, legal options and legal counselling, timely appointment of guardians and firewalls between child protection and migration authorities as effective means to safeguard the children’s interests and protect their rights, including access to justice and remedies.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Boys
- Children
- Families
- Girls
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 40
- Paragraph text
- Finally, the practice of “temporary” child or forced marriages is one of the dangerous coping mechanisms that girls face while in refugee camps in transit countries. Confronted with the economic burdens brought on by protracted displacement and limited or inexistent work opportunities, some refugee and migrant parents, and often children themselves, turn to those measures because they feel that they are the only option for safeguarding a child’s future or supporting a family’s immediate needs. For example, Syrian refugee girls are often forcibly married by their parents, who view such arrangements as a way of securing their daughters’ safety and ensuring the family’s livelihood through the dowry. Once married, those girls are likely to end up in a situation of sexual and domestic exploitation by a spouse whom they have followed abroad. The use of child and forced marriages to traffic girls into prostitution in another country is also common.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Girls
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 32
- Paragraph text
- Threats faced by boys and girls do not end when they leave their home countries. As they travel onward, often paying their way through dangerous routes by using exploitative smuggling and trafficking networks, children are subject to further violence, abuse and exploitation, including at borders owing to pushbacks and interceptions by border control officials. Unaccompanied children and those separated from their families face heightened risks, both along the route and upon arrival in transit countries.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Boys
- Children
- Families
- Girls
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 84
- Paragraph text
- When a woman or a girl who was subjected to or refused to undergo a practice leaves her family or community to seek refuge, her decision to return must be supported by adequate national protection mechanisms. In assisting her in making this free and informed choice, the mechanisms are required to ensure her safe return and reintegration based on the principle of her best interest, including avoiding revictimization. Such situations require close follow-up and monitoring to ensure that victims are protected and enjoy their rights in the short term and the long term.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Movement
- Person(s) affected
- Girls
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 27
- Paragraph text
- Harm perpetrated against women and girls is often at the hands of non-State actors, including family members, neighbours or society more generally. In such cases, article 2 (e) of the Convention requires that States parties assume their due diligence obligation and ensure that women are effectively protected from harm that may be inflicted by non-State actors. It does not suffice to strive for vertical gender equality of the individual woman vis-à-vis public authorities; States must also work to secure non-discrimination at the horizontal level, even within the family. Harm perpetrated by non-State actors is persecution where the State is unable or unwilling to prevent such harm or protect the claimant because of discriminatory governmental policies or practices.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Person(s) affected
- Families
- Girls
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 26
- Paragraph text
- In addition, articles 2, 15 (1) and 16 require States parties to recognize that women may present independent claims to asylum. In this respect, their claims may also be based on fears relating to their children. For example, claims to refugee status may arise from a fear that their daughters will suffer female genital mutilation, be forced into marriage or be subjected to severe community ostracism and exclusion for being girls. The child's protection claim should also be considered on its own merits in a child-sensitive manner in the best interests of the child. Once the principal claimant is recognized as a refugee, other members of the family should normally also be recognized as refugees ("derivative status").
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Girls
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
17 shown of 17 entities