COMMITTEE ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION

Article 9 of the International Convention on the Elimination of Racial Discrimination gives the Committee on the Elimination of Racial Discrimination the mandate to make

General Recommendations. To date the Committee has published 33 such General Recommendations, but none focuses on reproductive rights.

General

Recommendation Provisions related to Reproductive Rights

General

Recommendation No. 25 – Gender dimension of racial discrimina-tion, 2000

Paragraph 2 says, “Certain forms of racial discrimination may be directed towards women specifically because of their gender, such as sexual violence committed against women members of particular racial or ethnic groups in detention or during armed confl ict; the coerced sterilization of indigenous women; abuse of women workers in the informal sector or domestic workers employed abroad by their employers. Racial discrimination may have consequences that affect primarily or only women, such as pregnancy resulting from racial bias-motivated rape; in some societies women victims of such rape may also be ostracized. Women may also be further hindered by a lack of access to remedies and complaint mechanisms for racial discrimination because of gender-related impediments, such as gender bias in the legal system and discrimination against women in private spheres of life.”

and other Cruel, Inhuman or Degrading Treat-ment or PunishTreat-ment gives the Committee

Comments. To date the Committee has pub-lished two such General Comments.

General

Comment Provisions related to Reproductive Rights

General Comment No.

2 – Implemen-tation of Art.

2, 2007

According to Paragraph 18, “The Committee has made clear that where State authorities or others acting in offi cial capacity or under colour of law, know or have reasonable grounds to believe that acts of torture or ill-treatment are being committed by non-State offi cials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State offi cials or private actors consistently with the Convention, the State bears responsibility and its offi cials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts. Since the failure of the State to exercise due diligence to intervene to stop, sanction and provide remedies to victims of torture facilitates and enables non-State actors to commit acts impermissible under the Convention with impunity, the State’s indif-ference or inaction provides a form of encouragement and/or de facto permission. The Committee has applied this principle to States parties’

failure to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation, and traffi cking.”

General

Comment Provisions related to Reproductive Rights

According to Paragraph 22, “State reports frequently lack specifi c and suffi cient information on the implementation of the Convention with respect to women. The Committee emphasizes that gender is a key factor. Being female intersects with other identifying characteristics or status of the person such as race, nationality, religion, sexual orientation, age, immigrant status etc. to determine the ways that women and girls are subject to or at risk of torture or ill-treatment and the consequences thereof. The contexts in which females are at risk include deprivation of liberty, medical treatment, particularly involving reproductive decisions, and violence by private actors in communities and homes. Men are also subject to certain gendered violations of the Convention such as rape or sexual violence and abuse. Both men and women and boys and girls may be subject to violations of the Convention on the basis of their actual or perceived non-conformity with socially determined gender roles. States parties are requested to identify these situations and the measures taken to punish and prevent them in their reports.”

Rights of All Migrant Workers and Mem-bers of Their Families (CMW) does not seem to give the Committee on the Protec-tion of the Rights of All Migrant Workers

mandate to issue General Comments. Nev-ertheless, the Committee has issued one General Comment. This was in 2011 and it concerns migrant domestic workers.

General

Comment Provisions related to Reproductive Rights

General Comment No.

1 – Migrant Domestic Workers, 2011

Paragraph 22 says, “Under some countries’ laws regarding work permit and security bond conditions, women migrants, including domestic workers, who get pregnant or who are found to be HIV positive lose their permit. It is not uncommon for women migrant workers to be subjected to mandatory health testing related to sexual and reproductive health without consent or counselling.”

Paragraph 24 says, “Domestic workers, especially those who are migrants, are often excluded from rights under national law related to social security. The lack of social security benefi ts and of gender- sensitive health care coverage further increases the vulnerability of migrant domestic workers and their dependence on their employers.”

Some recommendations may also be found in Paragraph 38:

“Accordingly, labour protections in national law should be extended to domestic workers to ensure equal protection under the law, including provisions related to minimum wages, hours of work, days of rest, freedom of association, social security protection, including with respect to maternity, pension rights and health insurance, as well as additional provisions specifi c to the circumstances of domestic work. In this regard, migrant domestic workers should enjoy treatment not less favourable than that which applies to nationals of the State of employment (article 25).”

General

Comment Provisions related to Reproductive Rights

This is expanded in Paragraphs 43 and 44: “States should ensure effective access of all migrant domestic workers to any medical care urgently required to avoid irreparable harm to their health (article 28). Particular attention should be given to women migrant domestic workers with irregular status, who are especially vulnerable during pregnancy, as they are often afraid to contact public health services out of fear of deportation. States should not require public health institu-tions providing care to report data on the regular or irregular status of a patient to immigration authorities. States should ensure that migrant domestic workers in a documented or regular situation enjoy equal treatment with nationals in relation to social and health services (article 43(1)(e)). Moreover, the Committee recalls the obligations assumed by States under other core international human rights treaties, notably the International Covenant on Economic, Social and Cultural Rights, to take appropriate measures towards ensuring to all persons within their jurisdiction, irrespective of their immigration status, the highest attainable standard of physical and mental health and medical care, services and attention in the event of sickness.”

COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES