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

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Russia - Concluding observations on the eighth periodic report of the Russian Federation (advance unedited version) - Concluding Observations [2015] UNCEDAWCO 17; CEDAW/C/RUS/CO/8 (20 November 2015)





CEDAW/C/RUS/CO/8


Distr.: General
20 November 2015
Original: English
ADVANCE UNEDITED VERSION

Committee on the Elimination of Discrimination

against Women

Concluding observations on the eighth periodic report of the Russian Federation[*]

1. The Committee considered the eighth periodic report of the Russian Federation (CEDAW/C/RUS/7) at its 1335th and 1336th meetings, on 27 October 2015 (see CEDAW/C/SR.1335 and 1336). The Committee’s list of issues and questions are contained in CEDAW/C/RUS/Q/8 and the responses of the Russian Federation are contained in CEDAW/C/RUS/Q/8/Add.1.

A. Introduction

2. The Committee appreciates that the State party submitted its eighth periodic report. It also appreciates the State party’s written replies to the list of issues and questions raised by its pre-sessional working group. It welcomes the oral presentation of the delegation and the further clarifications provided in response to the questions posed by the Committee during the dialogue.

3. The Committee commends the State party’s delegation which was headed by Mr. Alexey Vovchenko, Deputy Minister of Labour and Social Protection. The delegation comprised representatives from the State Duma, the Ministry of Health, the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Economic Development, the Committee on the Issues of Family, Women and Children, the Ministry of Interior, the Ministry of Culture, the Ministry of Education and Science, the Office of the Prosecutor General, the Military University of the Ministry of Defence, the Federal Migration Service, the Central Electoral Commission, the Federal Penitentiary Service, as well as from the Permanent Mission of the Russian Federation to the United Nations at Geneva.

B. Positive Aspects

4. The Committee welcomes the progress achieved since the consideration in 2010 of the State party’s seventh periodic report in undertaking legislative reforms, in particular the adoption of the Federal Law on Free Legal Assistance, in 2011, the Federal Law prohibiting job advertisements containing requirement of gender, age and marital status, in 2013, and the adoption of a number of measures aimed at assisting pregnant women and women on maternity leave.

5. The Committee welcomes the fact that, since the consideration of the State party’s seventh periodic report in 2010, the State party has acceded to the following international instruments:

(a) The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, in 2013; and

(b) The Convention on the Rights of Persons with Disabilities, in 2012.

C. Principal areas of concern and recommendations

Parliament

6. 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 the parliamentarians, adopted at the forty-fifth session, in 2010). It invites the Parliament (State Duma and Federation Council) to take the necessary steps regarding the implementation of the present concluding observations between now and the next reporting period under the Convention.

Visibility of the Convention, Optional Protocol and the Committee’s General Recommendations

7. The Committee notes with concern that there is insufficient knowledge among the different branches of the government on the rights of women under the Convention, its Optional Protocol, the concept of substantive equality of women and men and the Committee’s general recommendations. It is further concerned that women themselves, especially those in rural areas, are unaware of their rights under the Convention and thus lack the information necessary to claim their rights.

8. The Committee recommends that the State party:

(a) Ensure that the Convention, its Optional Protocol, and the Committee’s General Recommendations are sufficiently known and applied by all branches of government, including the judiciary, as a framework for laws, court decisions and policies on gender equality and the advancement of women; and

(b) Enhance women’s awareness of their rights and the remedies available to them to claim their rights under the Convention, and ensure that information on the Convention, its Optional Protocol and the Committee’s general recommendations is provided to all women, including women in rural and remote areas.

Definition of discrimination against women and discriminatory laws

9. The Committee notes that article 5.62 of the Code of Administrative Offences prohibits discrimination on the basis of sex. The Committee is concerned, however, at the absence of a comprehensive anti-discrimination law addressing all aspects of direct and indirect discrimination, as well as intersecting forms of discrimination, against women, in line with the Convention.

10. The Committee recommends that the State party adopt comprehensive anti-discrimination legislation that prohibits discrimination on all grounds and encompasses direct and indirect discrimination in both the public and private spheres, as well as intersecting forms of discrimination, against women, in line with article 1 of the Convention and General Recommendation No. 28.

Access to justice and legal complaint mechanisms

11. The Committee notes the adoption in 2011 of the Federal Law on Free Legal Assistance. However, the Committee notes with concern the absence of an effective complaint mechanism for women to claim their rights and of information on the number of court cases of discrimination against women. It remains concerned that since the consideration of the State party’s previous report in 2010, the Ombudsman has not received any complaints on gender-based discrimination. It is further concerned about reported barriers that women are facing when they seek justice, including social stigma and negative stereotypes, lack of awareness of their rights and about limited knowledge of the Convention, the Optional Protocol and the Committee’s general recommendations on the part of law enforcement officials on the strict application of legislation prohibiting gender-based discrimination against women.

12. In line with General Recommendation No. 33 on women’s access to justice, the Committee recommends that the State party:

(a) Enhance women’s awareness of their rights under the Convention and the remedies available to them to claim their rights under the national legislation and the Optional Protocol, and ensure that information on the Convention, its Optional Protocol and the Committee’s general recommendations is disseminated widely;

(b) Address the barriers preventing women from bringing complaints about discrimination to the Ombudsman, and ensure the strict application by law enforcement officials of legislation prohibiting sex and gender-based discrimination, including through systematic training of judges, prosecutors and lawyers and information about women’s rights; and

(c) Establish a separate division on gender equality within the Office of the Ombudsman and collect gender disaggregated statistics.

National machinery for the advancement of women

13. The Committee notes that the national machinery for gender equality includes the State Duma Committee for Family, Women and Children and executive agencies, and that the Coordination Council under the Ministry of Labour and Social Protection coordinates the promotion of gender equality by other mechanisms and civil society. While noting the information provided by the delegation during the dialogue, that the State party is planning to establish a high-level Commission on women’s rights and for the implementation of the Convention, the Committee reiterates its previous concern about the lack of a separate government mechanism in the State party responsible exclusively for gender equality policies and the implementation of the Convention. The Committee is further concerned about the delays in adopting the draft law on gender equality and in developing a national action plan on gender equality.

14. The Committee recommends that the State party:

(a) Proceed, within a clear timeframe, with the establishment of a high-level Commission on women’s rights, provide it with a clear mandate, adequate and sustainable financial resources, as well as staff with the necessary technical capacity, in order to fully enable it to implement programmes and projects to promote gender equality and the advancement of women;

(b) Ensure effective coordination and develop a gender mainstreaming strategy which includes gender responsive budgeting, and which can be applied in all policies and programmes at all levels to address various aspects of women’s lives; and

(c) Adopt the law on gender equality, and ensure that it fully complies with the State party’s obligations under the Convention, and develop a national action plan on gender equality.

Civil society and non-governmental organizations

15. The Committee is concerned about the amendments introduced in 2012 to Federal Law No. 121-FZ on Non-Commercial Organizations, upheld by the Constitutional Court in April 2014, requiring non-commercial organizations receiving foreign funding and engaging in “political activities” to register as “foreign agents”, and about the adverse impact of the amendments on the women’s rights organizations. The Committee regrets that the amendments resulted in restrictions on the activities of NGOs and the suspension or closure of some NGOs working in the field of women’s rights.

16. The Committee calls upon the State party to review the legislation requiring non-commercial organizations that receive foreign funding to register as “foreign agents”, and ensure an environment where women’s associations and non-governmental organizations working on gender equality and women’s empowerment may freely operate and raise funds.

Temporary special measures

17. The Committee is concerned about the limited use by the State party of the temporary special measures and the absence of a comprehensive strategy for implementing such measures, within the meaning of article 4, para.1 of the Convention, aimed at achieving substantive equality of women and men in the State party in all areas of the Convention where women are under-represented or disadvantaged.

18. Recalling General Recommendation 25 (2004) on temporary special measures, the Committee recommends that the State party:

(a) Familiarize all relevant State officials and policy-makers with the concept of temporary special measures, adopt and implement temporary special measures, including time-bound goals and quotas, directed towards the achievement of de facto or substantive equality between women and men in all areas where women are underrepresented or disadvantaged, including in political and public life, decision-making, education and employment; and

(b) Develop a comprehensive strategy for instituting and implementing temporary special measures aimed at achieving substantive equality of women and men in the State party in all areas of the Convention where women are underrepresented or disadvantaged.

Stereotypes and harmful practices

19. The Committee remains concerned at the persistence of patriarchal attitudes and stereotypes concerning the roles and responsibilities of women and men in the family and in society, which consider women primarily as mothers and caregivers, discriminate against women and perpetuate their subordination within the family and society, restrict women’s educational and professional choices, as well as their participation in political and public life and in the labour market, as well as perpetuates their unequal status in family relations. The Committee recalls that such stereotypes are among the root causes of violence against women and expresses concern that to date, the State party has not taken sustained measures to modify or eliminate discriminatory stereotypes and negative traditional attitudes. The Committee notes with concern that the media persistently convey stereotyped and sometimes degrading images of women and that there is not a sufficient overview of such representation.

20. The Committee urges the State party to:

(a) Put in place a comprehensive strategy with proactive and sustained measures, targeting women and men at all levels of society, including religious leaders, to eliminate stereotypes and patriarchal attitudes concerning the roles and responsibilities of women and men in the family and in society; and

(b) Take all appropriate measures to raise the awareness of the media on the need to eliminate gender stereotypes by promoting positive images of women actively participating in social, economic and political life and to encourage the media to institute an effective self-regulatory mechanism for addressing the degrading representation of women in the media, and use the education system to enhance positive and non-stereotypical portrayals of women.

Violence against women

21. The Committee remains concerned at the high prevalence of violence against women, in particular domestic and sexual violence, in the State party and the lack of statistics disaggregated by age, nationality and relationship between the victim and the perpetrator of violence against women and of studies on its causes and consequences. While noting the information provided by the delegation during the dialogue that the draft law on domestic violence is currently undergoing a second reading in Parliament, the Committee is concerned that cases of violence against women are underreported, as they are considered a private matter, and that victim protection services, such as crisis centres and shelters, are insufficient.

22. Recalling its General Recommendation No. 19 (1992) on violence against women, the Committee urges the State party to:

(a) Adopt comprehensive legislation to prevent and address violence against women, including domestic violence, introduce ex officio prosecution of domestic and sexual violence and ensure that women and girls who are victims of violence have access to immediate means of redress and protection and that perpetrators are prosecuted and adequately punished;

(b) Provide mandatory training for judges, prosecutors, the police and other law enforcement officials on the strict application of criminal law provisions on violence against women and on gender-sensitive procedures to deal with women victims of violence;

(c) Provide adequate assistance and protection to women victims of violence, including sexual violence, by establishing shelters both in urban and rural areas, and enhancing cooperation with non-governmental organizations providing assistance to victims; and

(d) Collect statistical data on domestic and sexual violence disaggregated by sex, age, nationality and relationship between the victim and the perpetrator.

Harmful practices and violence against women in the Northern Caucasus

23. The Committee remains concerned at the increasing prevalence of violence against women in the Northern Caucasus, as well as of harmful practices, such as child and/or forced marriages, abduction of women and girls for forced marriages, crimes in the name of so-called honour, female genital mutilation and polygamy, despite the criminalization of such practices by federal law. The Committee is concerned that harmful practices appear to be socially legitimized and surrounded by a culture of silence and impunity. The Committee reiterates its previous concern (CEDAW/C/USR/CO/7, para.10) that the Federal government may lack the will and an efficient mechanism to ensure the application of federal legislation in the regions and autonomous entities to fully implement the Convention in a coherent and consistent manner.

24. The Committee urges the State party to:

(a) Conduct research on the extent of harmful practices in the Northern Caucasus and develop a comprehensive strategy to eliminate them including through education and awareness-raising campaigns for community and religious leaders and the general public to ensure the effective prosecution and conviction of perpetrators as well as the provision of remedies and support services for victims, in particular shelters;

(b) Strengthen the capacity of law enforcement authorities to protect women and girls from violence, and adopt standardized procedures for the police in all regions of the State party on gender-sensitive investigations and treatment of victims, and encourage women to file complaints without having to fear retribution or stigma;

(c) Provide systematic training to legal professionals, law enforcement officials and medical personnel in addressing effectively the criminal nature of child and/or forced marriages, abduction of women, crimes in the name of so-called honour, female genital mutilation and polygamy and their adverse effects on women’s rights; and

(d) Ensure that women victims of abduction for forced marriages, crimes in the name of so-called honour, female genital mutilation and polygamy can report cases without having to fear retribution or stigma and can access legal, social, medical and psychological support.

Trafficking and exploitation of prostitution

25. The Committee notes the State party’s efforts at the regional and international levels to combat human trafficking, including through the conclusion of bilateral and multilateral agreements. However, the Committee is concerned at:

(a) The absence of a national action plan on trafficking, as well as of a coordinating body and the lack of coordination among the relevant state structures;

(b) The lack of information on the number of complaints, investigations, prosecutions and convictions related to trafficking in women and girls and on support and rehabilitation programmes for victims; and

(c) The reports on the widespread violence and discrimination against women in prostitution, enabled by the penalization of prostitution as an administrative offence under article 6.11 of the Code of Administrative Offenses, which results in various forms of abuse including extortion, beatings, rape and even killing of women in prostitution, the limited assistance available to them, and the absence of exit and reintegration programmes for women who wish to leave prostitution.

26. The Committee recommends that the State party:

(a) Adopt a comprehensive national action plan to combat human trafficking and establish a coordinating body responsible for the implementation of programmes and action plans to combat trafficking in human beings as well as for the coordination of relevant state structures;

(b) Collect data, disaggregated by sex, ethnicity and age, on trafficking on women and girls and exploitation of prostitution and include such data in its next periodic report;

(c) Repeal article 6.11 of the Code of Administrative Offenses and establish an oversight mechanism allowing the monitoring of violence against women involved in prostitution including by the police; and

(d) Provide specific shelters and crisis centres, exit and reintegration programmes, as well as alternative income generating opportunities for women victims of trafficking and for women who wish to leave prostitution and take measures for the reduction of demand for prostitution.

Participation in political and public life

27. The Committee is concerned at the low representation of women in political and public life, in decision-making positions, in particular in the State Duma, the Federal Council, in ministerial positions and in the diplomatic service, owing to persistent traditional and patriarchal attitudes, lack of adequate measures including temporary special measures, insufficient capacity building and campaign funding for potential women candidates which impede women’s effective participation in political life.

28. The Committee urges the State party to:

(a) Take measures such as statutory quotas to increase the participation of women in political and public life at all levels, including by adopting temporary special measures, in accordance with article 4 (1) of the Convention and the Committee’s General Recommendation No. 25 (2004) on temporary special measures;

(b) Build capacity of and enhance access to campaign financing for women politicians to enable them to compete effectively with their male counterparts; and

(c) Conduct awareness raising activities for politicians, community leaders, journalists and the general public on the importance of women’s participation in decision-making in order to enhance the understanding that full, equal, free and democratic participation of women on an equal basis with men in political and public life is a requirement for the full implementation of the Convention.

Women, Peace and Security

29. The Committee notes that the Russian Federation is a party to the Minsk peace agreements and to the protocol to the first Minsk agreement, aiming at the cessation of hostilities between Ukraine and the self-proclaimed “Donetsk people’s republic” and “Luhansk people’s republic”. While the Committee has taken into account the explanations provided by the State party during the dialogue, it remains concerned about:

(a) Reports of sexual and gender-based violence including rape and murders, torture and ill treatment of women perpetrated by armed groups in the self-proclaimed “Donetsk people’s republic” and “Luhansk people’s republic”;

(b) Reports on acts of violence and discrimination against women as well as allegations of reprisals against women’s human rights defenders on the territory of the Autonomous Republic of Crimea which is under the de facto authority of the Russian Federation; and

(c) The exacerbation of the already difficult living conditions of internally displaced and refugee women, as well as protection concerns of the affected population in the conflict areas in Abkhazia, Georgia and Tskhinvali region/South Ossetia, Georgia.

30. The Committee calls on the State party to:

(a) Make use of its influence in the context of the Minsk Peace agreements to ensure that women are not subjected to sexual and gender-based violence in the self-proclaimed “Donetsk people’s republic” and “Luhansk people’s republic”;

(b) Ensure the respect and fulfilment of the rights guaranteed under the Convention in the Autonomous Republic of Crimea[1]; and

(c) Take all necessary measures to promote the meaningful inclusion and participation of women in peace negotiations and in the prevention, management and resolution of conflicts in line with Security Council Resolution 1325 (2000) on women, peace and security and subsequent resolutions on Women, Peace and Security as well as the Committee’s General Recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations, in particular with regard to the extraterritorial obligation of State parties.

Education

31. The Committee commends the State party for high numbers of women in the academia. However, the Committee is concerned at the absence of age appropriate sexual and reproductive health and rights education with gender perspective, in the curricula of basic and secondary schools. The Committee is also concerned at the persistence of negative stereotypes against women and girls in the school curricula and textbooks.

32. The Committee recommends that the State party:

(a) Introduce a comprehensive, gender sensitive and age appropriate sexual and reproductive health and rights education incorporating a gender perspective for girls and boys in the curricula at the basic and secondary school levels of the education system; and

(b) Intensify its efforts in reviewing school curricula and textbooks to eliminate negative stereotypes against women and girls in the school curricula and textbooks.

Employment

33. The Committee remains concerned at the persistence of the gender pay gap, with the average income of women being 74.2 per cent (2013) of the average income of men across the country. It is further concerned about the overprotective list of more than 450 occupations and almost 40 branches in which women are precluded from access to the labour market, procedures have been introduced which under certain conditions exceptionally can provide access for women to these occupations. It is also concerned about the persistent horizontal and vertical segregation in the labour market, and that women are concentrated in low-paid jobs. The Committee is also concerned at the absence of specific legislation prohibiting sexual harassment in the workplace. The Committee is further concerned that the Concept of the New Family Policy of 2014 which states Family Policy of the Russian Federation until 2025 has a goal renewal and increase of traditional family values focusing on women only as mothers without any reference to individual women and that the policy does not include gender equality issues.

34. The Committee calls upon the State party to:

(a) Intensify its efforts to create an enabling environment for women to become economically more independent, including by sensitizing employers in the public and private sectors on the prohibition of discrimination against women in employment, and intensify efforts to promote the entry of women into the formal economy through the provision of vocational and technical training for women, and promoting equal sharing of family responsibilities between women and men;

(b) Review the list of restricted occupations and sectors in order to make sure that it only covers restrictions necessary for the protection of maternity in the strict sense and promote and facilitate women’s entry into previously listed jobs by improving working conditions and adopting appropriate temporary special measures;

(c) Adopt comprehensive legislation to combat discrimination and sexual harassment in the workplace;

(d) Adopt and effectively apply legislation, including temporary special measures, to narrow and close the gender wage gap, and eliminate gender segregation in the labour market; and

(e) Carry out a gender assessment of all measures provided by the New Family Policy and include the principle of gender equality into national social policy.

Health

35. The Committee notes the State party’s efforts to further reduce the high abortion rate through reinforcing barriers to access to safe abortion services and the “Give me life” campaign. It remains concerned that abortion continues to be used as a method of birth control due to lack of or insufficient availability of modern contraceptives. The Committee is also concerned about:

(a) Limited access of women and girls to health care in rural and remote areas, the lack of trained personnel and obstetric health services for women, as well as women’s limited access to adequate sexual and reproductive health services;

(b) Recently adopted legislative and policy measures aimed at restricting women’s access to abortion, namely the pre-abortion counselling and mandatory waiting periods of between 48 hours to 7 days before abortion services can be provided;

(c) Limited access to modern contraceptives for women and girls, in particular in rural and remote areas, and the lack of accurate, evidence-based information on the types and effects of contraceptives available to the public;

(d) The absence of substitution therapy programmes for women who use drugs which also contributes to the spread of HIV/AIDS; and

(e) The steady increase in the proportion of women among early-stage HIV patients.

36. In line with its General Recommendation No.24 (1999) on women and health, the Committee calls on the State party to:

(a) Increase access for all women and girls, in particular rural women and girls, to basic health care services and remove the recently adopted legal and policy measures aimed at restricting women’s access to abortion;

(b) Increase availability, accessibility and affordability of a wide range of modern contraceptive methods and increase access to accurate and evidence-based information on family planning for women, men, girls and boys throughout the State party;

(c) Develop programmes of substitution therapy, in line with the recommendations of the World Health Organization, for women drug users, and intensify the implementation of strategies to combat HIV/AIDS, in particular preventive strategies, including by increasing efforts to prevent sexual and mother-to-child transmission; and

(d) Reduce the high rate of HIV/AIDS among women and improve the availability of and access to HIV/AIDS services, including antiretroviral treatment, especially in rural and remote areas.

Rural women

37. While recognizing the new development programmes in rural areas, the Committee expresses concern at the disadvantaged situation of women in rural areas. It regrets the lack of disaggregated data on rural women, as well as the lack of measures to address poverty among and discrimination against rural women and to ensure their access to justice, education, health, housing, safe drinking water, sanitation, formal employment, skills development and training opportunities, income-generating opportunities and micro-credits, ownership and use of land and their participation in decision-making processes at the community level.

38. The Committee calls upon the State party to:

(a) Expand and implement specific measures to combat poverty among rural women, including effective measures to ensure rural women’s access to justice, education, housing, safe drinking water, sanitation, formal employment, skills development and training opportunities, income-generating opportunities and micro-credits, and ownership and use of land, taking into account their specific needs;

(b) Ensure the participation of rural women in decision-making processes at the community level on an equal basis with men; and

(c) Study the impact of the economic and social strategy of rural development on women’s human rights and collect specific disaggregated statistics and data.

Disadvantaged groups of women

39. The Committee is concerned about the situation of indigenous women and girls, in particular the restrictions that indigenous women face with regard to their access to traditional lands and livelihoods, food, water and health, as well as at their limited representation on local, regional and federal decision-making bodies and the lack of disaggregated data on their situation.

40. The Committee recommends that the State party:

(a) Ensure that indigenous women are represented in decision-making bodies at local, regional and federal levels, and adopt measures to ensure the full and effective participation of indigenous women in all decision-making processes that may affect their rights;

(b) Guarantee indigenous women’s full and unrestricted access to their traditional lands and resources on which they depend for food, water, health and to maintain and develop their distinct cultures and identities as peoples; and

(c) Regularly collect disaggregated data on indigenous women and girls, using specific health and social indicators.

41. The Committee notes that the laws adopted at regional and federal levels banning “promotion of non-traditional sexual relations to minors”, have been upheld by the Constitutional Court (rulings No. 151-O-O of 19 January 2010 and No. 24-P of 23 September 2014), and may reinforce homophobia. It is concerned at reports of discrimination, harassment and hate speech, based on negative stereotypes, against lesbian, bisexual, transgender and intersex women, including by the police. The Committee is also concerned at reported cases of unjustified dismissals of teachers belonging to the LBTI community.

42. The Committee urges the State party to:

(a) Provide necessary protection against discrimination and violence against LBTI women, in particular through the adoption of anti-discrimination legislation and revision of the existing discriminatory laws that prohibits intersecting forms of discrimination;

(b) Provide training to the police and law-enforcement officials, as well as sensitization campaigns aimed at the general public; and

(c) Ensure that LBTI women are not facing discrimination in their professional life.

43. The Committee is concerned about the situation of undocumented migrant women, especially pregnant women and women with small children, in detention centres.

44. The Committee urges the State party to ensure that undocumented migrant women, in particular pregnant women and women with small children, receive adequate assistance and are not subjected to prolonged administrative detention, and that they benefit from integration policies as well as family reunification measures.

Marriage and family relations

45. The Committee notes that the State party has a community property regime. However, it is concerned that intangible assets, including work-related benefits, accrued pension rights and savings, in addition to future earning capacity, are not considered as a part of the joint property to be divided upon dissolution of marriage, and there is no other mechanism to compensate for the lack of their distribution. The Committee notes with concern that the economic rights of women in de facto unions are not recognized, including upon the dissolution of their relationship. The Committee also notes with concern that gender-based violence against women in the domestic sphere is not taken into consideration by courts when ruling in cases of child custody and visitation. The Committee is further deeply concerned at regulation of family relations in the Northern Caucasus, where the concept of "ownership" of the father over his children, still reigns, leading in practice to situations where women lose any contact with their children after divorce.

46. The Committee recommends that the State party:

(a) Revise the definition of matrimonial property to include pension rights and other work-related benefits, as well as future earnings, or adopt another tool such as post-divorce periodic payments;

(b) Consider the situation of women in de facto unions, and of the children resulting from them, and take the necessary legislative measures to ensure the protection of their economic rights, including upon the dissolution of relationships, in line with the Committee’s General Recommendation No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution;

(c) Adopt legislation requiring that gender based violence against women in the domestic sphere be taken into account in child custody or visitation decisions, and sensitize the judiciary on the relationship between this kind of violence and child’s development; and

(d) Take necessary legislative measures to eliminate the concept of “ownership” of the father over his children in the Northern Caucasus, and ensure equal parental rights to women in all cases.

Data collection

47. The Committee is concerned at the general lack of updated statistical data, disaggregated by sex, age, ethnicity, geographical location and socio-economic background, which is necessary for an accurate assessment of the situation of women, to determine whether they suffer from discrimination, for informed and targeted policymaking, and for systematic monitoring and evaluation of progress achieved towards the realization of women’s substantive equality in all areas covered by the Convention.

48. The Committee calls upon the State party to develop a gender indicator system to improve the collection of data disaggregated by sex and other relevant factors necessary to assess the impact and effectiveness of policies and programmes aimed at mainstreaming gender equality and enhancing women’s enjoyment of their human rights. In this regard, the Committee draws the State party’s attention to its General Recommendation No. 9 (1989) 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 associations that could assist in securing the collection of accurate data.

Amendment to article 20, paragraph 1, of the Convention

49. The Committee encourages the State party to accept, as soon as possible, the amendment to article 20, paragraph 1, of the Convention concerning the meeting time of the Committee.

Beijing Declaration and Platform for Action

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

2030 Agenda for Sustainable Development

51. The Committee calls for the realization of substantive gender equality, in accordance with the provisions of the Convention, throughout the process of implementation of the 2030 Agenda for Sustainable Development.

Dissemination

52. The Committee recalls the obligation of the State party to systematically and continuously implement the provisions of the Convention which implies that the Convention, its Optional Protocol, and the Committee’s General Recommendations are known and applied by all branches of government, including the judiciary, as a framework for laws, court decisions and policies on gender equality, non discrimination and the advancement of women. 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 the timely dissemination of the concluding observations, in the official language(s) of the State party, to the relevant state institutions at all levels (national, regional, local), in particular to the Federal Government, the ministries, the Parliament and to 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 organisations, universities and research institutions, media, etc. It further recommends that its concluding observations be disseminated in an appropriate form at the local community level, to enable their implementation. In addition, the Committee requests the State party to continue to disseminate the Convention, its Optional Protocol and jurisprudence, and the Committee’s General Recommendations to all stakeholders.

Ratification of other treaties

53. The Committee notes that the adherence of the State party to the nine major international human rights instruments[2] would enhance the enjoyment by women of their human rights and fundamental freedoms in all aspects of life. The Committee therefore encourages the State party to consider ratifying the International Convention for the Protection of All Persons from Enforced Disappearance and the International Convention for the Protection of the Rights of Migrant Workers and Members of Their Families, to which it is not yet a party.

Follow-up to concluding observations

54. The Committee requests the State party to provide, within two years, written information on the steps undertaken to implement the recommendations contained in paragraphs 14 (a and b) and 22 (a) above.

Preparation of the next report

55. The Committee invites the State party to submit its ninth periodic report in November 2019.

56. 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/MC/2006/3 and Corr.1).


[*] Adopted by the Committee at its sixty-second session (26 October-20 November 2015).

[1] General Assembly Resolution 68/262, adopted on 27 March 2014, entitled “Territorial integrity of Ukraine”

[2] The International Covenant on Economic, Social and Cultural Rights; the International Covenant on Civil and Political Rights; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the Convention on the Rights of the Child; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; the International Convention for the Protection of All Persons from Enforced Disappearance; and the Convention on the Rights of Persons with Disabilities.


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