A/HRC/15/40
including the unnecessary deaths of women.”46 It has expressed concern about allegations
of “continued involuntary sterilization of Roma women” and called for the effective
enforcement of health legislation.47
47.
The Committee on the Elimination of Racial Discrimination has devoted less
attention to gender issues, although it regularly raises the issue of the treatment of migrant
women, indigenous women and women belonging to minority groups in its concluding
observations. In 2000 it adopted general recommendation No. 25 on the gender-related
dimensions of racial discrimination, in which it recognized that racial discrimination may
affect women and men in different ways and that “some forms of racial discrimination have
a unique and specific impact on women”.48
48.
The Committee on the Protection of the Rights of All Migrant Workers and
Members of Their Families has addressed the impact of both discriminatory and neutral
laws on women who are migrant workers, or who belong to a family in which there is a
migrant worker. It has expressed concern that reforms to laws which permit women to
obtain passports without the permission of a third party are not being given effect to by the
authorities, and has urged States parties to undertake efforts “to protect migrant women
domestic workers, including access to regular migration status and greater and more
systematic involvement of the labour authorities in monitoring their working conditions”.49
49.
Thus, considerable attention is given to the situation of women and girls under the
major human rights treaties, including the role that laws and their implementation play in
perpetuating discrimination. The reports of States parties to treaty bodies also provide many
examples of steps taken to eliminate discriminatory laws and to ensure that gender-neutral
laws and laws intended to promote equality for women are appropriately implemented.
Consideration of these issues in the reporting procedure appears to have added momentum
for reform.
50.
However, in most cases, the major contribution of the human rights system has been
to identify and highlight problems and engage governments and civil society in discussion
of these examples of discrimination, and the steps that should be undertaken to address
them. The nature of the reporting process – with periodic reporting and years between
reports, limited resources for follow-up, and the overall burden of work – limits the extent
to which treaty bodies, alone or in combination, can follow up in a sustained and focused
manner on the many examples of laws and practices that are discriminatory.
51.
The findings of the United Nations human rights bodies outlined above are part of a
much larger corpus of material to be found within the United Nations system,50 including
its specialized agencies,51 and in the work of other international and regional
organizations,52 national institutions (including by national human rights institutions or law
46
47
48
49
50
51
52
CAT/C/PER/CO/4, para. 23.
CAT/C/SVK/CO/2, para. 14.
Para. 3.
See, for example, CMW/C/EGY/CO/1, paras. 26-27 and CMW/C/MEX/CO/1, para. 34.
See, for example, United Nations Development Programme/United Nations Development Fund for
Women (UNIFEM), Translating CEDAW into Law: CEDAW Legislative Compliance in Nine Pacific
Island Countries (Suva, 2007), and UNIFEM, Gender Equality Laws: Global Good Practice and a
Review of Five Southeast Asian Countries (Bangkok, 2009).
See, for example, International Labour Office, Equality at work: Tackling the challenges (Geneva,
2007), paras 467-476, available at http://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/-- webdev/documents/publication/wcms_082607.pdf.
See, for example, Inter-American Commission on Human Rights, Access to Justice and Social
Inclusion: the Road towards Strengthening Democracy in Bolivia, (Washington, 2007), chapter V,
13
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