Displaying 49676 - 49700 of 58126 recommendations found
-
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Gender equality
- Women's and / or girls' rights
Type:Review DocumentationSession:25th session, May 2016Status:Reference AddressedContents:In 2011, the Working Group on the issue of discrimination against women in law and in practice sent a letter to Swaziland concerning discriminatory provisions against women in nationality legislation. According to the information received, legislation discriminated against women in that they were not able to confer their Swazi nationality to their children. Reportedly, according to the 2005 Constitution, children born inside or outside of Swaziland prior to 2005 to at least one Swazi parent acquired Swazi citizenship, but children born after 2005 only acquired citizenship from Swazi fathers.
UNHCR recommended that Swaziland ... amend articles 43 and 44 of its Constitution so that Swazi women can transfer nationality to their children and their foreign spouse on the same basis as men ...
[Paras 10-11] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
Type:Review DocumentationSession:25th session, May 2016Status:NeglectedContents:Noting that shelters remained inadequate for and inaccessible to women and girls in regions away from the capital, CEDAW urged Swaziland to decentralize one-stop centres and shelters to the four regions of the country in order to ensure that women and girls who are victims of violence can gain access to them. [Para 38] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- HIV and AIDS
Type:Review DocumentationSession:25th session, May 2016Status:NeglectedContents:CEDAW called upon Swaziland ... to continue to provide free antiretroviral treatment to all women and men living with HIV/AIDS. [Para 79] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Harmful practices based on cultural / traditional values
- Women's and / or girls' rights
Type:Review DocumentationSession:25th session, May 2016Status:NeglectedContents:AI stated that women's right to equality was not protected by the provision guaranteeing that "a woman shall not be compelled to undergo or uphold any custom to which she is in conscience opposed". According to AI, this formulation places an undue burden on the individual woman when it is the responsibility of the State to prohibit and condemn all forms of harmful practices which negatively affected women.
HRW recommended that Swaziland fully enforce and implement the constitutional provisions that no woman shall be forced to take part in a custom which she objects to.
[Paras 52-53] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Intersex persons' rights
- Criminal laws on same-sex sexual practices
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:39th Session, November 2021Status:Unclear ResponseContents:Repeal or amend laws discriminating against LGBTI persons and other minority groups, including those that criminalise consensual same-sex acts between adults.ExplanationNoted. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Sierra LeoneSierra LeoneRegional groupAfrica GroupPolitical groupAUOICCommonwealthIssue:
- International human rights instruments
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Ratify the Protocol to the African Charter on Human and People’s Rights on the Rights to Women in Africa (Maputo Protocol). -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:NigeriaNigeriaRegional groupAfrica GroupPolitical groupAUOICCommonwealthIssue:
- International human rights instruments
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Establish the legal framework for the domestication of the CEDAW. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:SerbiaSerbiaRegional groupEEGIssue:
- Marginalized groups of women
- Women's and / or girls' rights
- Empowerment of women
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Invest additional efforts to improve the system of protection of women in need by establishing shelters or temporary accommodation and educational centres for women in need, and their economic empowerment. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ZimbabweZimbabweRegional groupAfrica GroupPolitical groupAUIssue:
- Maternal health / morbidity / mortality
Type:RecommendationSession:12th session, October 2011Status:AcceptedContents:Consider investing more in health so as to reduce the high mortality rate of children, high maternal mortality, tuberculosis and other communicable and non-communicable diseases -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:PhilippinesPhilippinesRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Women's and / or girls' rights
- Empowerment of women
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Further strengthen economic empowerment initiatives especially for women and youth. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- Gender equality
- Women's and / or girls' rights
Type:Review DocumentationSession:12th session, October 2011Status:N/AContents:An audit of existing law for compliance with sections 20 and 28 of the Constitution and CEDAW has been completed. As a result of the audit a cluster of family laws inclusive of the Marriage Bill and the Administration of Estates Bill have been drafted and are awaiting Cabinet approval before they are tabled in Parliament. The Government has tabled the Deed Registry (Amendment) Bill in Parliament. The tabling of the Bill is in compliance with the order of the Supreme Court in the Aphane case. The object of the Bill is to amend the Deeds Registry Act so as to bring it in conformity with the provisions of the Constitution. [Para 55] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Birth registration
- Gender equality
- Women's and / or girls' rights
Type:Review DocumentationSession:12th session, October 2011Status:Reference AddressedContents:In 2009, the Complementary Country Analysis stated that the process of ensuring that women enjoy their constitutional rights had been slow and women were still regarded as legal minors when accessing productive resources. In 2011, UNCT indicated that a number of key pieces of legislation required urgent amendments because they perpetuated inequality before the law and discriminated on face value, and also in application, including the Marriage Act 47/1964, Deeds Registry Act 37/1968, Administration of Estates Act 1902, Citizenship Act 1992, and Birth, Marriage and Death Registration Act 1963. [Para 16] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- International human rights instruments
- Gender equality
Type:Review DocumentationSession:12th session, October 2011Status:Reference AddressedContents:Recommended Swaziland become a party to all outstanding international human rights treaties, particularly, ... OP-ICCPR, and OP-CEDAW. [Para 1] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- HIV and AIDS
Type:Review DocumentationSession:12th session, October 2011Status:Reference AddressedContents:People living with HIV/AIDS faced stigma and discrimination. [Para 65] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:United StatesUnited StatesRegional groupWEOGPolitical groupOASIssue:
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:RecommendationSession:12th session, October 2011Status:AcceptedContents:Implement measures to prevent violence against the LGBT community, through training and advocacy campaigns.ImplementationNational Report:
Para 53) In so far as violence against LGBT community is concerned, there has been no record or reported acts of violence. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- Gender equality
Type:RecommendationSession:12th session, October 2011Status:AcceptedContents:Abrogate without delay the legislative and regulatory provisions that discriminate women, and adopt new laws in accordance with the principle of gender equality, as set out by CEDAW, ratified by Swaziland.ImplementationNational Report:
Para 24) To illustrate the country's commitment towards gender equality, over and above the ratification of CEDAW, the country has committed itself to a number of instruments to this effect. These include the African Charter on Human and Peoples Rights on the Rights of Women in Africa. Locally, these have been domesticated:
(a) The Deeds Registry Act was amended in 2012 to give effect to the rights of women married in community of property to own land and have it registered in their own names;
(b) The Sexual Offenses and Domestic Violence Bill seeks to address all forms of sexual violence against women and children. The Government of Swaziland is investing all necessary efforts to accelerate enactments by Parliament;
(c) The common law rule that married women had no capacity to litigate without the assistance of their husbands was declared inconsistent with the constitutional right to equality by the High Court in Sihlongonyane and others v Sihlongonyane [2013 SZHC 144].
Stakeholder Summary:
Para 17) JS6 mentioned that no such laws had been enacted. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:PortugalPortugalRegional groupWEOGPolitical groupEUOEIIssue:
- Sexual exploitation / slavery
- International human rights instruments
Type:RecommendationSession:12th session, October 2011Status:AcceptedContents:Sign and ratify the OPs to the CRC on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflicts, and ratify the CRPD.ImplementationNational Report:
Para 14) On 24 September 2012 Swaziland implemented recommendations made in the first cycle of the UPR by ratifying the following international instruments:
(a) Convention on the Rights of Persons with Disabilities;
(c) Optional Protocol on the Convention on the Rights of the child on the involvement of children in armed conflict;
(d) Optional Protocol to the Convention on the Rights of the child on the sale of children child prostitution and child pornography.
Stakeholder Summary:
Para 1) HRW mentioned that Swaziland had ratified the CRPD and its Optional Protocol and acceded to the OP-CRC-SC in 2012. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:HondurasHondurasRegional groupGRULACPolitical groupOASOEIACSIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Adopt a broad definition of discrimination against women in line with the CEDAW.ImplementationNational Report:
Para 46) Eswatini is currently using the definition of discrimination in terms of section 20 of the Constitution read together with the reviewed Gender policy which has aligned the definition of discrimination with that in CEDAW.
-
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ItalyItalyRegional groupWEOGPolitical groupEUIssue:
- Gender equality
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Adopt a new comprehensive legislation to prevent and combat all forms of discrimination and violence against women.ImplementationNational Report:
Para 9) Since the last review, Eswatini has enacted several legislations that domesticate the various human rights conventions ratified by the country. Some of the enacted legislations include inter alia: - the Sexual Offences and Domestic Violence Act 2018,
Para 11) During the period under review, Eswatini’s jurisprudence on the elimination of discrimination and inequality has made positive strides, thereby protecting and promoting the rights of women in accordance with Sections 20 and 28 of the Constitution and further giving effect to the provisions of the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) and other instruments that the country has ratified.
Para 12) In this regard, reference is made to the case of Makhosazane Eunice Sacolo (nee Dlamini) and Another vs. Jukhi Justice Sacolo and 2 Others (1403/16) [2019] SZHC (166) 30th August 2019 wherein the Court declared the common law doctrine of marital power invalid in that it is discriminatory against married women and offends against the Constitutional right to equality before the law and the right to dignity. The Court further declared that spouses married in terms of the Marriage Act 1964 and in Community of Property have equal capacity and authority to administer marital property. Women in Eswatini are now able to buy and sell property, sign contracts, and conduct legal proceedings without their husbands’ consent.
Para 36) The Kingdom enacted the Sexual Offences and Domestic Violence (SODV) Act No. 15 of 2018. This Act makes provision concerning sexual offences and domestic violence, prevention and the protection of all persons from harm and acts of domestic violence amongst others. It serves as deterrent to a lot of discrimination, exploitation and mainly violence against women and girls who are considered as the most vulnerable groups of society. Regulations have been recently developed to facilitate holistic implementation of the SODV Act which include the establishment of specific institutions to further enhance the protection of women and children.
Para 46) Eswatini is currently using the definition of discrimination in terms of section 20 of the Constitution read together with the reviewed Gender policy which has aligned the definition of discrimination with that in CEDAW. A legislation that will comprehensively domesticate CEDAW is yet to be developed. Further, a pack of family law bills have been developed that seek to domesticate certain parts of CEDAW and are currently undergoing stakeholder consultation processes.
UN Compilation:
Para 56) The HR Committee noted with concern that several domestic laws contained discriminatory provisions towards women, such as the Marriage Act, and chapter 4 of the Constitution, which differentiated between men and women in the acquisition and transfer of citizenship. The Committee was also concerned that customary law and practices perpetuated inequality between men and women, in particular with regard to inheritance and property rights, and that cultural practices such as polygamy, forced marriage and bride inheritance continued to exist.
Para 59) The United Nations country team noted with satisfaction that, in 2018, Eswatini had passed the Sexual Offences and Domestic Violence Act into law, and welcomed the strategy, plan of action and guidelines to address gender-based violence. However, the country team regretted the lack of resources for their full implementation. In particular, the country team noted that the Department of Gender and Family Issues remained challenged in terms of human resources and financial resources, and weak coordination of gender issues in the country.
Stakeholder Summary:
Para 9) JS2 noted that Eswatini operated a dual legal system with a component on not codified patriarchal systems of traditional norms, which was often in conflict with common law, the constitution and human rights standards, and had resulted in conflicts leading to numerous violations of rights, in particular, women's rights.
Para 52) While welcoming the enactment of the Sexual Offences Domestic Violence Act in 2018, several stakeholders were concerned that Eswatini’s customary norms and practices continued to undermine the rights of women. In JS7’s view, the fact that Swazi Law and Customary law was not codified, it left women vulnerable to abuse.
Para 53) JS6 regretted that the Constitution denied to women the right to transmit citizenship to their children and foreign spouse-a right reserved for men, and that gender discrimination in Eswatini’s nationality law had resulted in wide-ranging human rights violations, including with regard to inheritance, property rights and freedom of movement. JS7 moreover stated that women did not enjoy the same rights as men to seek separation, divorce or annulment of marriage, and were politically marginalised. The authorities have not met the goal of having 30 representatives of Parliament being women.
Para 71) JS6 was concerned that the Nationality law included gender discriminatory provisions that contributed to statelessness, depriving Swazi women and their children of equal protection under the law.
-
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:KenyaKenyaRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- International human rights instruments
- Gender equality
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Ratify the CEDAW. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- International human rights instruments
Type:QuestionSession:39th Session, November 2021Status:N/AContents:Is the government of Eswatini considering ratifying ... the OP-ICESCR ...? -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:HaitiHaitiRegional groupGRULACPolitical groupOASACSOIFIssue:
- Gender equality
Type:RecommendationSession:25th session, May 2016Status:Unclear ResponseContents:Amend legislation that denies Swazi citizenship to children born of foreign fathers.ExplanationSwaziland has noted this recommendation and appreciates the spirit it was made. Enabling Swazi women to transmit their nationality to their children with foreign men will require amendments to the Constitution. Swaziland will consider amending the Constitution.ImplementationUN Compilation:
Para 56) The HR Committee noted with concern that several domestic laws contained discriminatory provisions towards women, such as the Marriage Act, and chapter 4 of the Constitution, which differentiated between men and women in the acquisition and transfer of citizenship.
Stakeholder Summary:
Para 53) JS6 regretted that the Constitution denied to women the right to transmit citizenship to their children and foreign spouse-a right reserved for men, and that gender discrimination in Eswatini’s nationality law had resulted in wide-ranging human rights violations, including with regard to inheritance, property rights and freedom of movement.
Para 68) JS6 was concerned that discrimination on the transmission of nationality resulted in a range of human rights violations impacting children, including access to public education and healthcare.
Para 72) JS6 indicated that women were also a group at risk of statelessness. The deprivation of nationality of women upon marriage to a foreign national have been documented in practice.
-
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
Type:Review DocumentationSession:39th Session, November 2021Status:Not Followed up with a RecommendationContents:The HR Committee ... recommended that Eswatini ensure that all cases of sexual and gender-based violence were thoroughly investigated, that perpetrators were prosecuted and, if convicted, were punished with appropriate sanctions, and that victims received full reparation; and ensure that victims had access to effective remedies and means of protection, including to an adequate number of psychological and educational centres, and accommodation or shelters, available in all parts of the country. [Para 54]
-
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:39th Session, November 2021Status:Not Followed up with a RecommendationContents:HKCIJ recommended increasing budget allocation to the Judiciary to address the backlog of cases relating to gender-based violence, including those caused by Covid-19 and ensuring that offenders are brought to justice and victims have access to justice. ... HKCIL also recommended creating a single toll-free hotline to report gender-based violence and domestic violence. [Para 62]
-
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
Type:Review DocumentationSession:25th session, May 2016Status:Reference AddressedContents:Deeply concerned that the Bill on Sexual Offences and Domestic Violence had lapsed because it did not receive royal assent, CEDAW urged Swaziland to enact into law the Bill without further delay and ensure that it is comprehensive. [Para 34]