A/HRC/36/61
E.
Women
35.
The Special Rapporteur raised a number of issues on women in her previous report
(see A/HRC/33/62, paras 19-27). Since that report was prepared, the Government has
submitted its report in follow-up to the concluding observations of the Committee on the
Elimination of Discrimination against Women (CEDAW/C/KHM/CO/4-5/Add.1), in
March 2016. The Committee has requested the Government to provide further information
in its next periodic report, due in October 2017, including on action taken to: (a) ensure that
cases of violence against women, including domestic and sexual violence, are effectively
prosecuted and not systematically diverted to mediation; (b) ensure that all women can
lodge formal complaints about domestic and sexual violence, by destigmatizing victims and
raising awareness about the criminal nature of such acts; and (c) ensure that public
awareness-raising campaigns address all forms of violence against women (see
CEDAW/C/KHM/CO/4-5, para. 21).
36.
In her previous report, the Special Rapporteur addressed the role of women in
politics (see A/HRC/33/62, para. 22). As the communal elections were being held as the
present report was being finalized, information is not yet available on the number of women
elected. However, as the general election is expected to be held before the discussion on the
next report to the Human Rights Council, the Special Rapporteur recalls that article 4 of the
Convention on the Elimination of All Forms of Discrimination against Women permits
temporary special measures to redress imbalances and that the Committee on the
Elimination of Discrimination against Women has twice recommended the implementation
of temporary special measures to increase the representation of women in decision-making
positions, especially in politics, the judiciary and the foreign and diplomatic service (see
CEDAW/C/KHM/CO/4-5, para. 29, and CEDAW/C/KHM/CO/3, para. 24).
37.
During her mission in October 2016, the Special Rapporteur was asked by the
Minister of Justice to assist the Government in reviewing surrogacy laws. That request was
prompted by changes in the laws of a number of other States that have restricted access to
surrogacy arrangements, especially transnational and international commercial surrogacy
arrangements. The Government of Cambodia has banned surrogacy in the country by
banning embryo transfers to surrogate mothers and extending the laws banning the
commercial donation of human organs for gestational surrogacy arrangements. The
situation requires careful monitoring to ensure that the rights of vulnerable women are
protected. The Government is concerned about the potential exploitation of vulnerable
women and the possibility of transborder commercial surrogacy arrangements. Ending
poverty (Sustainable Development Goal 1) and ensuring good health and well-being
(targets 3.1 and 3.2 of the Goals, in particular) are especially relevant in that context. The
Government also has to protect the rights of all children born from pre-existing surrogacy
arrangements. There are clear implications for citizenship and the family rights of such
children. The Special Rapporteur recommends that the Government remain alert to the
possibilities of commercial surrogacy operators seeking to operate in Cambodia and that it
develop a law that protects the rights of all involved.
38.
Violence against women and gender-based violence continue to be a problem in
Cambodia. There is no evidence of greater use being made of legal provisions to prosecute
perpetrators, and no evidence of increased protection of vulnerable women. Many victims
of violence engage in mediation and return to live with the alleged perpetrator. It is hoped
that plans to reach target 5.2 of the Sustainable Development Goals, which aims at
eliminating violence against women and girls in public and in private, will add some
impetus to the Government’s efforts in that regard. The Special Rapporteur has also
received reports of a high incidence of violence against lesbian, gay, bisexual, transgender
and intersex persons. The Government should consider implementing awareness-raising
strategies to bring about a cultural shift in attitudes towards violence against women,
strengthen the legislative framework thereon and ensure that the police thoroughly
investigate all complaints, bring perpetrators to justice and provide protection to victims.
Interministerial dialogue on the issue must continue and special consideration should be
given to addressing violence against lesbian, gay, bisexual, transgender and intersex
persons.
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