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United Nations Committee on the Elimination of Discrimination Against Women - Concluding Observations

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Senegal - Concluding observations on the combined third to seventh periodic reports of Senegal - Concluding Observations [2015] UNCEDAWCO 13; CEDAW/C/SEN/CO/3-7 (28 July 2015)



Committee on the Elimination of Discrimination

against Women

* Adopted by the Committee at its sixty-first session (6-24 July 2015).

Concluding observations on the combined third to seventh periodic reports of Senegal*

1. The Committee considered the combined third to seventh periodic reports of Senegal (CEDAW/C/SEN/3-7) at its 1307th and 1308th meetings, on 7 July 2015 (see CEDAW/C/SR.1307 and 1308). The Committee’s list of issues and questions is contained in CEDAW/C/SEN/Q/3-7 and the responses of Senegal are contained in CEDAW/C/SEN/Q/3-7/Add.1.

A. Introduction

2. The Committee notes that the State party submitted its combined third to seventh periodic reports and welcomes the fact that the document was drafted in a participatory process between the Government, the National Assembly and civil society. It also appreciates the State party’s written replies to the list of issues and questions raised by the pre-sessional working group and welcomes the oral presentation by the delegation and the further clarifications provided in response to the questions posed orally by the Committee during the dialogue.

3. The Committee welcomes the State party’s delegation, which was headed by Ambassador and Permanent Representative of Senegal to the United Nations Office and other international organizations in Geneva, Bassirou Sene, and also comprised representatives of the Ministry of Justice, the Ministry of Women, the Family and Children, the Ministry of Health and Social Action and the Permanent Mission of Senegal to the United Nations Office and other international organizations in Geneva. The Committee appreciates the constructive dialogue that took place between the delegation and the Committee, while noting that some questions were not fully answered.

B. Positive aspects

4. The Committee welcomes the adoption, since the consideration in 1994 of the State party’s second periodic report (CEDAW/C/SEN/2), of the following legislative measures:

(a) Law No. 2013-03 of 25 June 2013 allowing women to transmit their nationality to their husband and their children born to a foreign father;

(b) Law No. 2010-11 of 28 May 2010 on parity between women and men in entirely or partially elective bodies;

(c) Law No. 2005-06 of 10 May 2005 on combating trafficking in persons and similar practices and the protection of victims;

(d) Law No. 99-05 of 29 January 1999 amending the Penal Code to criminalize the crimes of rape, female genital mutilation, assault and battery, and incest.

5. The Committee also notes with appreciation the adoption of a second national action plan to accelerate the elimination of female genital mutilation, covering the period 2010-2015, and the establishment of a national observatory for parity in 2011.

6. The Committee welcomes the ratification by the State party of the following international treaties since the consideration of its previous report:

(a) Convention on the Rights of Persons with Disabilities, in 2010;

(b) Convention for the Protection of All Persons from Enforced Disappearance, in 2008;

(c) Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, in 1999.

C. Principal areas of concern and recommendations

National Assembly

7. The Committee stresses the crucial role of the legislative power in ensuring the full implementation of the Convention (see the statement by the Committee on its relationship with parliamentarians, adopted at the forty-fifth session, in 2010). It invites the National Assembly, in line with its mandate, to take the necessary steps regarding the implementation of the present concluding observations between now and the next reporting period under the Convention.

Legislative framework and discriminatory laws

8. The Committee is concerned about:

(a) The lack of harmonization by the State party of its legislation with the Convention, which should take precedence over national laws, especially because article 97 of the Constitution considers international treaties at the constitutional rank;

(b) The very long delays in revising the discriminatory provisions contained in national law, in particular the discriminatory provisions contained in the Family Code, including provisions relating to the different minimum age of marriage for girls and boys, the husband being the head of the household and polygamy.

9. The Committee recommends that the State party:

(a) Finalize within a clear time frame and as a priority the process of legislative reform;

(b) Accelerate, in particular, the revision of the Family Code, with a view to bringing the legislation into conformity with the Convention and ensuring that all discriminatory provisions are repealed, including those relating to the different minimum age of marriage for girls and boys (art. 111), the husband being the head of the household (arts. 227 and 152) and polygamy (art. 116);

(c) Strengthen information and awareness-raising campaigns for local, traditional and religious leaders and the general public, especially in rural areas, on the negative effects of discriminatory legal provisions.

Definition of discrimination against women

10. The Committee notes that the State party has a monist legal system in which provisions of the Convention apply directly and that article 1 of the Constitution ensures equality before the law to all citizens without distinction as to origin, race, sex or religion. However, the Constitution and ordinary legislation lack an explicit definition of discrimination covering direct and indirect discrimination and discrimination in the public and private spheres, as well as provisions guaranteeing equal rights of women and men in line with article 2 (a) of the Convention.

11. The Committee recommends that the State party introduce in its legislation the definition of discrimination included in article 1 of the Convention, covering direct and indirect discrimination and discrimination in the public and private spheres, as well as provisions guaranteeing equal rights of women and men, in line with article 2 (a) of the Convention, in the Constitution or other appropriate legislation.

Access to justice

12. The Committee welcomes the establishment, in the framework of the justice sector programme, of justice houses, information offices and counselling centres, but remains concerned about:

(a) Persisting barriers faced by women in effectively gaining access to justice, including legal illiteracy, stigmatization of victims, stigmatization of women fighting for their rights, fear of reprisals, difficulties in gaining access to justice infrastructure, difficulties in producing evidence and the limited number of female police officers, especially in rural and peri-urban areas;

(b) The limited protection offered by the free legal aid system for women without sufficient means;

(c) The lack of cases in which discrimination has been invoked, showing the limited efficiency of the formal appeal mechanisms;

(d) The impossibility for civil society organizations with an interest in the proceedings to lodge petitions and participate in the proceedings;

(e) The lack of sufficient training of justice personnel on women’s rights and gender equality.

13. The Committee recommends that the State party:

(a) Remove barriers that women may face in gaining access to justice, including legal illiteracy, stigmatization of victims, stigmatization of women fighting for their rights, fear of reprisals, difficulties in gaining access to justice infrastructure, difficulties in producing evidence and the limited number of female police officers, especially in rural and peri-urban areas;

(b) Ensure that women without sufficient means have effective access to free legal aid to claim their rights;

(c) Ensure that rules on standing allow groups and civil society organizations with an interest to lodge petitions and participate in the proceedings. in all fields of the law and not only in criminal matters as currently envisaged in the draft criminal procedure code;

(d) Strengthen training for judges, lawyers, prosecutors, the police and other law enforcement officers, as well as local, traditional and religious leaders, on the application of legislation prohibiting discrimination against women.

National machinery for the advancement of women

14. The Committee welcomes the revision of the National Gender Equality and Equity Strategy and the establishment of a national observatory for parity, but is concerned about:

(a) The limited resources of the national machinery for the advancement of women and the obstacles faced concerning coordination, gender mainstreaming and the presence of the national machinery at the regional and local levels;

(b) The reported limited capacity and independence of the National Observatory for Parity;

(c) The lack of information on the role played by the Senegalese Human Rights Committee as an actor in protecting the human rights of women; the lack of information as to whether gender equality and non-discrimination of women will be part of the work of the Committee, considering the efforts made to regain the “A” status that had been given by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights in 2000 but was lost in 2012;

(d) The lack of the sex-disaggregated data necessary to assess the impact and effectiveness of policies and programmes aimed at promoting women’s enjoyment of their human rights on an equal basis with men.

15. The Committee recommends that the State party:

(a) Strengthen the human, technical and financial resources of the national machinery for the advancement of women within the Ministry of Women, the Family and Children, improve coordination within the national machinery to ensure its effective functioning at the national, regional and local levels and strengthen gender mainstreaming throughout all government bodies;

(b) Strengthen the human, technical and financial resources of the National Observatory for Parity and ensure its independence in law and in practice;

(c) Adopt the legislative amendments necessary to enable the upgrading of the Senegalese Human Rights Committee to “A” status by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, and ensure that gender equality and nondiscrimination against women are part of the work of the Committee;

(d) Develop a comprehensive gender indicator system to improve the collection of the sex-disaggregated data necessary to assess the impact and effectiveness of policies and programmes aimed at promoting women’s enjoyment of their human rights on an equal basis with men. In that regard, the Committee draws the State party’s attention to the Committee’s general recommendation No. 9 on statistical data concerning the situation of women and encourages the State party to seek technical assistance from relevant United Nations agencies and to enhance its collaboration with women’s organizations that could assist in collecting accurate data.

Temporary special measures

16. The Committee notes with appreciation the introduction of temporary special measures to accelerate women’s political participation, but remains concerned that no other temporary special measures have been introduced as part of a necessary strategy to accelerate the achievement of substantive equality of women and men in all areas of the Convention in which women are underrepresented or disadvantaged, including with regard to access to land and higher education and to the increased feminization of poverty.

17. The Committee encourages the State party to use temporary special measures, in accordance with article 4 (1) of the Convention and the Committee’s general recommendation No. 25 on the subject, as a necessary component of a strategy to accelerate the achievement of substantive equality of women and men, in all areas of the Convention in which women are underrepresented or disadvantaged, including with regard to access to land and higher education and to the increased feminization of poverty. To that end, it recommends that the State party adopt various forms of temporary special measures, such as outreach and support programmes, quotas and other proactive and result-oriented measures, and encourages their use in both the public and private spheres.

Stereotypes and harmful practices

18. The Committee welcomes the adoption of Law No. 99-05 of 29 January 1999 criminalizing female genital mutilation and of a second national action plan to accelerate the elimination female genital mutilation (2010-2015), as well as the measures taken to raise public awareness of harmful practices. It is concerned, however, at the persistence of adverse cultural norms, practices and traditions as well as patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men in the family and society. It notes that stereotypes contribute to the persistence of violence against women as well as harmful practices, including female genital mutilation, levirate and sororate, child marriage, polygamy, repudiation, and food prohibitions or taboos. The Committee is also concerned that the State party has not taken sufficient action to modify or eliminate such stereotypes and harmful practices.

19. The Committee recommends that the State party:

(a) Ensure the effective implementation of Law No. 99-05 of 29 January 1999 criminalizing female genital mutilation and of the second national action plan to accelerate the elimination of female genital mutilation (2010-2015);

(b) Put in place a comprehensive strategy, in conformity with articles 2 (f) and 5 (a) of the Convention, to eliminate stereotypes that discriminate against women and harmful practices such as female genital mutilation, levirate and sororate, child marriage, polygamy, repudiation, and food prohibitions or taboos. Such measures should include concerted efforts, within a clear time frame and in collaboration with civil society, the school system, the media and traditional leaders, to educate and raise awareness about negative gender stereotypes and harmful practices, targeting women and girls and men and boys at all levels of society.

Violence against women

20. The Committee welcomes the measures adopted to address violence against women, including the adoption of the above-mentioned Law No. 99-05 of

29 January 1999 and of Ministerial Decree No. 10545 of 10 December 2008 establishing a review committee on violence against women. The Committee also welcomes the establishment of listening centres for women who are victims of violence. It remains concerned, however, about:

(a) The increase in the rate of sexual violence against women, including rape;

(b) The persistence of domestic violence and the limited number of cases of domestic violence reported owing to women’s fear of reporting them because of the potential consequences for their family life, as well as to the lack of awareness among women of the criminalization of domestic violence;

(c) The absence of legal provisions qualifying rape as a serious crime and explicitly criminalizing marital rape;

(d) The limited medical, psychological and legal assistance provided to women who are victims of violence and the absence of shelters;

(e) The limited training for judges, prosecutors, lawyers, police officers and health and social workers on the application of legislation criminalizing violence against women and on gender-sensitive treatment of victims, as well as the persistence of stereotypes within the judiciary according to which women are perceived to be partly responsible for the violence that they suffer;

(f) The absence of data on the prosecution and conviction rates in relation to violence against women.

21. The Committee urges the State party:

(a) To encourage women to report cases of domestic violence by raising awareness of the legal provisions criminalizing domestic violence and ensure effective access to remedies for victims of domestic violence, taking into consideration their social and economic dependence on their husbands, and issue protection orders when necessary;

(b) To amend the relevant legislation to qualify rape as a serious crime, introduce adequate sanctions for cases of rape and criminalize marital rape;

(c) To strengthen assistance to and rehabilitation of women who are victims of violence through the establishment of a comprehensive care system for them, as well as measures to ensure access to legal aid, medical and psychological support, shelters, counselling and rehabilitation services;

(d) To undertake awareness-raising and educational activities, targeted at men and women, as well as training for judges, prosecutors, the police and other law enforcement officials and health-care and social workers, with support from civil society, to eliminate prejudices relating to violence against women such as considering women responsible for the violence that they suffer;

(e) To include in its next periodic report information on violence against women, disaggregated by age, type of offence and the relationship between the perpetrator and the victim, as well as on the number of complaints, prosecutions and convictions in cases of violence against women and on the sentences imposed on perpetrators.

Trafficking and exploitation of prostitution

22. The Committee welcomes the adoption of Law No. 2005-06 of 10 May 2005 on combating trafficking in persons and similar practices and the protection of victims and of a national plan to combat trafficking in persons, in particular women and children, in 2009. It is concerned, however, about:

(a) The absence of a clear definition of trafficking in persons in the national legislative framework;

(b) The lack of data on the extent of trafficking in women and girls to, from and transiting through the State party;

(c) Cases of trafficking of women and girls who are domestic workers, “Internet brides” and women and girls subjected to forced labour, sexual exploitation, trafficking and forced begging, such as talibe children forced to beg;

(d) The lack of shelters, legal, medical and psychosocial assistance, and of alternative income-generating opportunities for women victims of trafficking and sexual exploitation;

(e) The lack of gender-sensitive training of law enforcement personnel and legal practitioners on issues relating to trafficking in persons;

(f) The imposition of fines or prison sentences on women in prostitution for failure to comply with the obligation under article 1 of Law No. 66-21 to register on a health and social file;

(g) The lack of exit programmes, as well as rehabilitation and reintegration programmes, for women wishing to leave prostitution, including in the context of sex tourism.

23. The Committee recommends that the State party:

(a) Incorporate a clear definition of trafficking in persons into Law No. 2005-06 of 10 May 2005 on combating trafficking in persons and similar practices and the protection of victims, in accordance with the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime;

(b) Carry out a study on the prevalence of trafficking in women and girls and prostitution in the State party and continue to update data;

(c) Ensure the effective implementation of Law No. 2005-06 of 10 May 2005 and the national plan to combat trafficking in persons, in particular women and children, adopted in 2009;

(d) Strengthen mechanisms for the investigation, prosecution and punishment of traffickers, as well as programmes covering prevention, protection, assistance and legal support in relation to victims of trafficking and sexual exploitation, including by providing victims with access to shelters, legal, medical and psychosocial assistance, and alternative income-generating opportunities;

(e) Ensure effective gender-sensitive training of law enforcement personnel and legal practitioners on issues relating to trafficking in persons;

(f) Combat trafficking in women and girls for purposes of domestic work, internet marriages, forced labour, sexual exploitation and forced begging, in particular by talibe children, and consider ratifying the Domestic Workers Convention, 2011 (No. 189), of the International Labour Organization;

(g) Strengthen international, regional and bilateral cooperation with countries of origin, transit and destination to prevent trafficking through information exchange and harmonize legal procedures aimed at the prosecution and punishment of traffickers;

(h) Repeal article 1 of Law No. 66-21;

(i) Provide exit programmes, as well as rehabilitation and reintegration programmes, for women wishing to leave prostitution, including in the context of sex tourism.

Participation in political and public life

24. The Committee welcomes the adoption of Law No. 2010-11 of 28 May 2010 on parity between women and men in entirely or partially elective bodies. It also welcomes the increase in the representation of women in the National Assembly to 43 per cent and to 47.2 per cent in the recent local elections. The Committee remains concerned, however, that Act No. 2010-11 was not implemented during the local elections in Touba in 2013 and that women continue to face obstacles to successfully running for various functions, especially in farmers’ associations. It is also concerned about the continued low participation of women in other areas of political and public life, such as in elected positions as mayors and in appointed decision-making positions in the government, the judiciary, the civil service, the security forces and the diplomatic service.

25. The Committee recommends that the State party:

(a) Adopt measures to promote the equal representation of women in political and public life at the national, provincial and local levels, including in elected positions as mayors and in decision-making positions in the Government, the judiciary, the civil service, the security forces, the diplomatic service and in farmers’ associations;

(b) Ensure the implementation of Act No. 2010-11 of 28 May 2010 in all parts of the State party, including Touba;

(c) Develop targeted training and mentoring programmes on leadership and negotiation skills for current and potential women candidates and women holding public office.

Education

26. The Committee welcomes the allocation of a large part of the State budget to education, the many measures taken to increase access to education for women and girls and the issuance of policy letter No. 004379 of 11 October 2007 by the Ministry of Education authorizing girls to continue their education after giving birth. The Committee remains concerned, however, about:

(a) The low enrolment rates of girls at the secondary and tertiary levels of education and the high dropout rates of girls at all levels of education owing to, among other things, early marriage, unequal share of domestic responsibilities, preference given by parents for their sons’ education, and teenage pregnancy;

(b) The underrepresentation of girls in traditionally male-dominated fields of education, especially in technical branches;

(c) The high rate of sexual violence against girls and sexual harassment of girls on the way to and at school, including by teachers;

(d) The low number of female teachers at all levels of education and of women at decision-making positions in the education system;

(e) The disproportionately high illiteracy rate of women, in particular among rural women.

27. The Committee recommends that the State party:

(a) Raise awareness among communities, families, students, teachers and community leaders, especially men, about the importance of education for women and girls;

(b) Ensure equal access and equal retention of girls and young women at all levels of education, in law and in practice, and retain girls in school, including by strengthening incentives for parents to send their daughters to school, eliminating early marriages, reducing the distance of travel to schools and raising awareness among communities, families, students, teachers and community leaders, especially men, about the importance of education for women and girls;

(c) Encourage women and men to choose non-traditional fields of education and careers and institute temporary special measures to increase the take-up rate of girls in non-traditional disciplines;

(d) Implement a zero-tolerance policy with regard to sexual violence and sexual harassment at and on the way to school and ensure that perpetrators, including teachers, are punished appropriately;

(e) Increase the number of female teachers at all levels of education and the number of women in decision-making positions in the education system;

(f) Conduct literacy campaigns for women, in particular in rural areas;

(g) Ensure the monitoring and implementation by school principals of policy letter No. 004379 of 11 October 2007 and ensure that pregnant girls and young mothers have continued access to education and re-entry into mainstream education.

Employment

28. The Committee welcomes the adoption of the 2009-2015 plan for the implementation of the National Gender Equality and Equity Strategy, which includes measures for economic empowerment and autonomy of women. It remains concerned, however, about:

(a) The persistent gender wage gap and occupational segregation of women and men;

(b) The high unemployment rate among women and the concentration of women in the informal sector;

(c) The absence of legal provisions explicitly criminalizing sexual harassment in the workplace;

(d) The existence of discriminatory legal provisions allocating child benefits only to the father (art. 21 of the Code of Social Security), excluding the children of a deceased employed woman from her pension benefits (art. 87 of the Code) and extending the time limit for entering the civil service when the applicant has a dependent child, given that children are usually considered as dependent on the father only (art. 20 of Law No. 71-31 of 12 March 1971 amending Law No. 61-33 of 15 June 1961 on the general status of civil servants and art. 6 (2) of the Code).

29. The Committee recommends that the State party:

(a) Reduce the gender wage gap, including by addressing occupational segregation of women and applying the principle of equal remuneration for work of equal value;

(b) Strengthen programmes aimed at reducing women’s unemployment and promoting women’s access to employment in the formal sector;

(c) Introduce specific measures to address sexual harassment in the workplace and adopt legal provisions that integrate into the definition of sexual harassment conduct that creates a hostile working environment; require employers to prevent sexual harassment; and provide additional avenues for redress to victims of sexual harassment, in line with the Committee’s general recommendation No. 19 on violence against women;

(d) Review discriminatory legal provisions allocating child benefits only to the father (art. 21 of the Code of Social Security), excluding the children of a deceased employed woman from her pension benefits (art. 87 of the Code) and extending the time for entering the civil service when the woman has a dependent child, given that children are usually considered as dependent on the father only (art. 20 of Law No. 71-31 of 12 March 1971 amending Law No.

61-33 of 15 June 1961 on the general status of civil servants and art. 6 (2) of the Code).

Health

30. The Committee welcomes the numerous measures taken by the State party to address maternal mortality and expand universal health coverage, but remains concerned about:

(a) The persistently high rates of maternal mortality, the limited health infrastructure for pregnant women, the insufficient number of skilled personnel attending births and women’s limited access to essential obstetric care;

(b) The lack of comprehensive education on sexual and reproductive health and rights and family planning services, and the limited access to modern contraceptives;

(c) The criminalization of abortion (art. 305 of the Penal Code); the restrictive conditions under which abortion is available under the code of professional conduct (i.e. only in cases of threats to the life of the pregnant woman); and the draft revised legal provisions that, while seeking to legalize abortion in cases of rape and incest, require the pregnant woman to prove such rape or incest;

(d) The disproportionately high number of women living with HIV, in particular women in prostitution, given the low prevalence in the population in general.

31. The Committee recommends that the State party:

(a) Strengthen measures to reduce the maternal mortality rate and ensure the provision of essential obstetric care for pregnant women;

(b) Introduce age-appropriate school education in sexual and reproductive health and rights, conduct awareness-raising campaigns about modern contraceptive methods in local languages, and increase access to safe and affordable contraceptives throughout the State party;

(c) Amend article 305 of the Penal Code, the code of professional conduct and relevant legal provisions to decriminalize abortion and ensure that it is legally available in cases of threats to the life or health of the pregnant woman, rape, incest and serious impairment of the foetus; and remove from the draft new legal provisions the burden of proof for pregnant women to show that their pregnancy is the result of rape or incest;

(d) Intensify measures to reduce the disproportionately high prevalence of HIV/AIDS among women and, in particular, take measures to reduce the high prevalence among women in prostitution.

Rural women

32. The Committee welcomes the measures taken by the State party to improve the living conditions of rural women, but remains concerned about:

(a) Rural women’s limited access to land owing to legal and sociocultural barriers with regard to their right to inheritance and limited access to decision-making processes concerning the use of land;

(b) Land grabbing by huge agricultural companies from local farmers who are the traditional users, which contributes to the increase in poverty of rural women;

(c) Rural women’s limited access to adequate health care, education, public transportation, food, water and sanitation, income-generating opportunities and social protection;

(d) Barriers faced by rural women in gaining access to microcredit.

33. The Committee recommends that the State party:

(a) Ensure that rural women have equal access to land as men, including by raising awareness among them and the public in general of the importance of women’s equal access to land, as a factor for development and for achieving substantive equality of women and men;

(b) Ensure that the interests of local communities, including rural women, are protected when developing land policies and allocating land and ensure that the traditional users of land can have access to property;

(c) Ensure that rural women have equal access to basic services and infrastructure, such as adequate health care, education, public transportation, food, water and sanitation, income-generating opportunities and social protection on an equal basis with men and also with their urban counterparts, including through the adoption of temporary special measures, in accordance with article 4 (1) of the Convention and the Committee’s general recommendation No. 25;

(d) Expand women’s access to microfinance and microcredit at low interest rates so as to enable them to launch their own businesses.

Disadvantaged groups of women

34. The Committee is concerned about overcrowding in detention centres and prisons for women and women detainee’s lack of access to adequate health care.

35. The Committee recommends that the State party:

(a) Reduce overcrowding and improve access to health care in all places in which women are deprived of their liberty, in accordance with the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders and other international standards;

(b) Encourage the use of alternative measures to detention, especially for pregnant women and women with children.

36. The Committee is concerned at the lack of disaggregated data on the enjoyment by disadvantaged groups of women, including women with disabilities and older women, of their rights.

37. The Committee calls upon the State party to collect disaggregated data on the enjoyment by disadvantaged groups of women, including women with disabilities and older women, of their rights and access to basic services and on intersecting forms of discrimination that such women may face.

Marriage and family relations

38. The Committee is concerned about:

(a) The very long delay in revising discriminatory provisions of the Family Code;

(b) The existence in the Family Code of numerous discriminatory provisions, including provisions relating to the different minimum age of marriage for girls and boys; the husband being the head of the household; the choice of the family’s place of residence being made by the husband; the father’s name being granted to the child; polygamy; discrimination in the consequences of breach of marriage; and discrimination against Muslim women with regard to their right to inheritance;

(c) The persistent practices of polygamy, child and early marriages and levirate marriages, and the lack of criminalization of marriages with a child between 13 and 18 years of age;

(d) The high number of unregistered marriages leading to a lack of protection of women in such marriages.

39. The Committee recommends that the State party:

(a) Review, as matter of a priority and within a clear time frame, existing discriminatory provisions relating to marriage and family relations in order to bring them fully into conformity with articles 2 and 16 of the Convention and to that effect:

(i) Raise the legal minimum age of marriage to 18 years for girls, to be equal to that for boys; discourage and prohibit polygamy as well as early and child marriage under 18 years of age; and include adequate sanctions for violations of these provisions;

(ii) Repeal without delay all discriminatory provisions in the Family Code, including those relating to the different minimum age of marriage for girls and boys (art. 111); the husband being the head of the household (arts. 277 and 152); the choice of the family’s place of residence being made by the husband (art. 153); the father’s name being granted to the child (art. 3); polygamy (art. 116); discrimination in the consequences of breach of marriage (arts. 116 and 133); and discrimination against Muslim women with regard to their right to inheritance (art. 637);

(b) Eliminate the persistent practices of polygamy, child and early marriages and levirate marriages;

(c) Carry out awareness-raising and education programmes directed at women and men, in cooperation with civil society, on the elimination of discrimination against women in marriage and family relations;

(d) Adopt measures to protect the rights of women in unregistered marriages; adopt legislation to protect the rights of women upon dissolution of unregistered or polygamous marriages; and encourage registration of all marriages.

Amendment to article 20 (1) of the Convention

40. The Committee notes with satisfaction the commitment of the State party to accepting the amendment to article 20 (1) of the Convention concerning the meeting time of the Committee and encourages the State party to proceed without delay to such acceptance.

Beijing Declaration and Platform for Action

41. The Committee calls upon the State party to use the Beijing Declaration and Platform for Action in its efforts to implement the provisions of the Convention.

Millennium Development Goals and the post-2015 development framework

42. The Committee calls for the integration of a gender perspective, in accordance with the provisions of the Convention, into all efforts aimed at the achievement of the Millennium Development Goals and into the post-2015 development framework.

Dissemination

43. The Committee recalls the obligation of the State party to systematically and continuously implement the provisions of the Convention. It urges the State party to give priority attention to the implementation of the present concluding observations and recommendations between now and the submission of the next periodic report. The Committee therefore requests that the present concluding observations be disseminated in a timely manner, in the official language of the State party, to the relevant State institutions at all levels (national, regional and local), in particular to the Government, the National Assembly and the judiciary, to enable their full implementation. It encourages the State party to collaborate with all stakeholders concerned, such as employers’ associations, trade unions, human rights and women’s organizations, universities, research institutions and the media. It recommends that its concluding observations be disseminated in an appropriate form at the local community level, so as to enable their implementation. In addition, the Committee requests the State party to continue to disseminate the Convention, the Optional Protocol thereto and relevant jurisprudence, in addition to the Committee’s general recommendations, to all stakeholders.

Technical assistance

44. The Committee recommends that the State party link the implementation of the Convention to its development efforts and that it avail itself of regional or international technical assistance in this respect, including through the United Nations system.

Follow-up to the concluding observations

45. The Committee requests the State party to provide, within two years, written information on the steps taken to implement the recommendations contained in paragraphs 19 and 21 (a), (b) and (d).

Preparation of the next report

46. The Committee invites the State party to submit its eighth periodic report in July 2019.

47. The Committee requests the State party to follow the harmonized guidelines on reporting under the international human rights treaties, including guidelines on a common core document and treaty-specific documents (HRI/GEN/2/Rev.6, chap. I).


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