Displaying 47051 - 47075 of 58126 recommendations found
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:FinlandFinlandRegional groupWEOGPolitical groupEUIssue:
- Violence against women / gender-based violence
- Training for state personnel on sexual rights issues
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Develop measurable targets for indicators of the National Strategic Plan on Gender-based Violence and prioritize appropriate training for professionals who work with victims of gender-based violence.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:PhilippinesPhilippinesRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Enhance the implementation of laws enacted to prevent and combat gender-based violence including the vigorous enforcement of legal action against the perpetrators of violence.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Ensure full implementation of the National Strategic Plan on Gender-Based Violence and Femicide through the adoption of decisive policies by relevant ministries.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:NorwayNorwayRegional groupWEOGIssue:
- Intersex persons' rights
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Establish and implement measures to prevent, investigate and adequately prosecute threats, attacks and discrimination against LGBTIQ persons.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:BrazilBrazilRegional groupGRULACPolitical groupOASOEIIssue:
- Women's and / or girls' rights
- Sexual and / or reproductive rights and / or health broadly
Type:QuestionSession:1st session, April 2008Status:Not Followed up with a RecommendationContents:Question was put forward on the policies or measures South Africa has adopted to promote the rights of women, especially women's reproductive rights. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Gender equality
Type:Review DocumentationSession:41st session, November 2022Status:Reference AddressedContents:CESCR ... recommeded that South Africa intensify efforts to close the gap, address occupational segregation, and ensure that the principle of equal pay for work of equal value was incorporated into labour laws and collective agreements. ... [Para 28]
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Gender equality
- Women's and / or girls' rights
Type:Review DocumentationSession:41st session, November 2022Status:Not Followed up with a RecommendationContents:LRC-Edu recommended that South Africa ensure that teacher training addresses negative stereotypes about girls’ abilities, remove stereotypes in the curriculum, and adopt regulations to provide sanitary products. HRW recommended ensuring that pregnant students are supported to complete secondary education. [Para 46]
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Early marriage
- Forced marriage
Type:Review DocumentationSession:41st session, November 2022Status:Reference AddressedContents:JS17 and UPR-BCU recommended that the Government reform cultural attitudes that perpetuate early marriage, ensure that law enforcement implements the laws prohibiting child and forced marriages, and capacitate traditional authorities to combat child marriages. UPR-BCU recommended to harmonize all marriage laws to delineate a minimum age of 18 years. [Para 59]
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- Gender equality
- HIV and AIDS
Type:Review DocumentationSession:27th Session May 2017Status:N/AContents:The Employment Equity Amendment Act, 2013 and the Employment Equity Regulations, 2014 provide that it will be unfair for an employer, based on a prohibited ground, or analogous arbitrary ground, to have different terms and conditions of employment for employees doing the same work, similar work or work of equal value. This applies to both gender and race. During the period under review South Africa also amended the Code to the Employment Equity Act on HIV and AIDs at the workplace. [Para 34] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Cape VerdeCape VerdeRegional groupAfrica GroupPolitical groupAUOIFIssue:
- Gender equality
- Sexual violence
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Pay special attention in the adoption of laws and their implementation to change of negative social practices particularly with respect to ... sexual violence and discrimination against women ...ExplanationThe Prevention and Combating of Trafficking in Persons Bill is before the second house of Parliament for consideration and adoption. Trafficking in human beings has been acknowledged as a universal challenge requiring international cooperation for its effective combating. South Africa is extremely supportive of the Vienna based programs in the framework of the Commission on Crime Prevention and Criminal Justice which, among others, seek to develop global regulatory framework for the combating of Human Trafficking. Access to justice is entrenched in the Constitution of South Africa, national legislation, policies and programmes. Several measures have been put in place to particularly ensure women's access to justice e.g. National Access to Justice Week held during women's month (August) every year, 16 Days of Activism of No Violence against Women and Children, Multi-disciplinary care-centres for victims of sexual offences and crime (Thuthuzela care centres). The primary purposes of these programmes are to ensure maximum protection of victims, provision of adequate remedies to victims including combating impunity with the view to ensuring non- recurrence.ImplementationNational Report Annex:
FULL IMPLEMENTATION
The Domestic Violence Act, 1998 (Act 116 of 1998 provides sanctions against domestic violence.
Key law reforms undertaken to address gender and sexual violence:
• Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007;
• Protection from Harassment Act, 2011 (Act 17 of 2011);
• Prevention and Combating of Trafficking in Persons Act, 2013; and
• Prohibition and Prevention of Torture Act, 2013.
The conviction rate relating to sexual offences in 2014/15 stood at 69%; and in the first quarter 71.1% conviction rate.
A number of new policy frameworks were also introduced and implemented, including the Child Justice National Policy Framework, the Restorative Justice National Policy Framework (including forming linkages with traditional justice), the Social Crime Prevention Strategy and the Diversion Accreditation Framework. Government has also adopted a Plan of Action to combat violence against women and children.
South Africa has established specialised investigation units that focus on Family Violence, Child protection, and Sexual offences (FCS) The number of FCS units stands at 176 and are part of early identification interventions aimed at protecting vulnerable children. In this regard, the SAPS National Instruction 2/2010 directs the police to hand over children in need of care and protection to social workers for assessment and placement in alternative care. Children who are in need of emergency care and protection would be handed over to care facilities such as Child and Youth Care Centres subject to certain conditions as specified the policies and legislation.
Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) provides for the comprehensive process regarding the National Register for Sex Offenders (NRSO). Section 50 (1) (i) of the Act provides for the persons whose names must be included in the NRSO, which will be any person that has been convicted of a sexual offence against a child or a person who is mentally disabled. The aim is to prevent registered sex offenders from working or operating at environments that will expose them to these victims and from becoming foster parents, kinship caregivers, temporary safe caregiver, adoptive parents or curators, unless they receive a clearance certificate from the NRSO.
Section 4 of the Domestic Violence Act, 1998 (Act 116 of 1998) gives children the right to apply for a protection order assisted or unassisted. The Act further allows persons who have a material interest in the well-being of a child to apply for the protection order on behalf of a child, and these could be educators, police officers, social workers, healthcare workers, as well as family members.
The Sexual Offences and Related Matters Act complements the Domestic Violence Act 1998 (Act No, 116 of 1998) as well as the Prevention and Combating of Trafficking in Persons Act which all seek to curb human trafficking and punish offenders.
The Police have training programmes on ensuring the respect of the human rights when conducting investigations, including the issue of sensitivity regarding cases relating to women as victims. The SAPS has a policy which was developed and put into implementation by its National Commissioner to ensure that members render a professional service to victims in respect of the investigation of offences that affect women and to assist victims in this regard. It also provides for information that must be provided to a victim in respect of available services; including HIV testing.
FCS investigators receive specialised training in dealing with sexual offences investigations and cases involving children addition to training as investigators. SAPS has developed the Human Rights in Policing Learning Programmes and has been conducting training on same from 1998 to all law enforcement officials.
The NPA (facilitated by SOCA), in line with Act 32 of 2007 also developed directives for prosecutors on how best to deal with sexual offences in the criminal justice system.
Capacity building and training of the SAPS members is an on-going process commencing in basic training. The SAPS engages in public awareness and education campaigns with the purpose of creating a greater awareness of the relevant legislation and government‘s commitment to eradicating violence.
South Africa has dedicated sexual offences courts. These dedicated services use intermediaries, audio-visual equipment and specialised training, among other measures. The NPA’s Sexual Offences and Community Affairs (SOCA) Unit developed comprehensive training manuals which are updated annually to be in line with the latest developments in law for specialist prosecutors and also an integrated training manual for stakeholders at our TCCs.
A National Department of Women, located in the Presidency, was established with the necessary dedicated human and financial resources to fulfil its core mandate to ensure effective implementation of initiatives related to the advancement of women and gender equality.
Although this is the core mandate of the Department of Women, all other national and provincial departments have a mandate to implement policies, legislative measures and campaigns to advance gender equality. These include:
• Campaigns during 16 Days of Activism for No Violence against Women and Children, held during November/December annually, contribute to the fight against violence against women.
• Campaign at higher institutions of learning to curb sexual violence,
• Gender inequality of women and girls with disabilities are recognized at legislative level as corroborated by the provisions of section 9(2) (e) of the National Sport and Recreation Act, 1998 (Act No. 110 of 1998 as amended) (hereinafter referred to as “the Act”) which provide that Sport and Recreation South Africa must ensure that women, the youth attending school and those who are no longer attending school, the disabled, senior citizens and neglected rural areas, receive priority regarding programmes for development and the delivery of sport and recreation.
• In recent years, sport has been recognized as a powerful tool through which gender inequality, at the root of Gender Based Violence (GBV), can be effectively addressed. To explore this role of sport and to initiate actions in this regard, Sport and Recreation South Africa, as Chair of the United Nation’s Sport for Development and Peace International Working Group (SDP IWG), prepared a framework for further discussion. This draft framework was approved by the Executive Board in New York on 7 June 2013. After expert presentations and group discussions, the thematic meeting agreed on a set of eight policy recommendations to governments for addressing GBV in and through sport.
Together these comprehensively form part of the 365 days programme of action. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:NorwayNorwayRegional groupWEOGIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Take concrete measures to improve the protection of women against gender-based violence and to ensure that perpetrators are held accountable.ExplanationThe Prevention and Combating of Trafficking in Persons Bill is before the second house of Parliament for consideration and adoption. Trafficking in human beings has been acknowledged as a universal challenge requiring international cooperation for its effective combating. South Africa is extremely supportive of the Vienna based programs in the framework of the Commission on Crime Prevention and Criminal Justice which, among others, seek to develop global regulatory framework for the combating of Human Trafficking. Access to justice is entrenched in the Constitution of South Africa, national legislation, policies and programmes. Several measures have been put in place to particularly ensure women's access to justice e.g. National Access to Justice Week held during women's month (August) every year, 16 Days of Activism of No Violence against Women and Children, Multi-disciplinary care-centres for victims of sexual offences and crime (Thuthuzela care centres). The primary purposes of these programmes are to ensure maximum protection of victims, provision of adequate remedies to victims including combating impunity with the view to ensuring non- recurrence.ImplementationNational Report Annex:
FULL IMPLEMENTATION
The Domestic Violence Act, 1998 (Act 116 of 1998 provides sanctions against domestic violence.
Key law reforms undertaken to address gender and sexual violence:
• Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007;
• Protection from Harassment Act, 2011 (Act 17 of 2011);
• Prevention and Combating of Trafficking in Persons Act, 2013; and
• Prohibition and Prevention of Torture Act, 2013.
The conviction rate relating to sexual offences in 2014/15 stood at 69%; and in the first quarter 71.1% conviction rate.
A number of new policy frameworks were also introduced and implemented, including the Child Justice National Policy Framework, the Restorative Justice National Policy Framework (including forming linkages with traditional justice), the Social Crime Prevention Strategy and the Diversion Accreditation Framework. Government has also adopted a Plan of Action to combat violence against women and children.
The DoJ&CD keeps national statistics of domestic violence matters through the Integrated Case Management System (ICMS). This statistics provides monthly data on all forms of abuse recorded at our courts in terms of the Domestic Violence Act. The ICMS is periodically upgraded to improve data quality.
Since 2013, sexual offences courts were re-established. In the quest to reduce secondary victimization, 55 Thuthuzela Care Centres were established. In 2011 the UN Secretary-General recognised these centres as a “world best practice model” in the field of gender violence management and response. The South African Police Services has established the Family Violence, Child Protection and Sexual Offences Units in order to provide victim friendly services to victims of gender based violence.
The Department of Social Development has trained victim empowerment service providers in all nine provinces. Six Khuseleka One Stop Centres which provide integrated victim empowerment services have been established. The Department established 84 shelters for abused women and 201 white doors (centres of hope) for victims of gender based violence in different provinces.
A 24 hour Gender Based Violence Command Call Centre has been established. The call centre handles 1500 calls a day and these calls are handled by 40 social workers. The centre has won a number of international awards. Our 365 Days Campaign (which grew from the initial 16 Days of Activism for No Violence against Women and Children, held during November/December) has mobilized all sectors of society. This strategy is aimed at mobilizing men and boys to become part of the solution in eradicating violence against women.
FCS investigators receive specialised training in dealing with sexual offences investigations and cases involving children addition to training as investigators. SAPS has developed the Human Rights in Policing Learning Programmes and has been conducting training on same from 1998 to all law enforcement officials.
The SAPS has developed National Instructions on the Domestic Violence Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act in order to provide clear policy directives for the police in support of members to improve service delivery to victims. The NPA (facilitated by SOCA), in line with Act 32 of 2007 also developed directives for prosecutors on how best to deal with sexual offences in the criminal justice system.
Capacity building and training of the SAPS members is an on-going process commencing in basic training. The SAPS engages in public awareness and education campaigns with the purpose of creating a greater awareness of the relevant legislation and government‘s commitment to eradicating violence.
Resourcing and establishing victim-friendly rooms at police service points are on-going. There are currently more than 900 Victim Friendly Facilities rendering victim support services in place and it is envisaged that this will be rolled out to all police stations.
South Africa has dedicated sexual offences courts. These dedicated services use intermediaries, audio-visual equipment and specialised training, among other measures. The NPA’s Sexual Offences and Community Affairs (SOCA) Unit developed comprehensive training manuals which are updated annually to be in line with the latest developments in law for specialist prosecutors and also an integrated training manual for stakeholders at our TCCs.
Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) provides for the comprehensive process regarding the National Register for Sex Offenders (NRSO). Section 50 (1) (i) of the Act provides for the persons whose names must be included in the NRSO, which will be any person that has been convicted of a sexual offence against a child or a person who is mentally disabled. The aim is to prevent registered sex offenders from working or operating at environments that will expose them to these victims and from becoming foster parents, kinship caregivers, temporary safe caregiver, adoptive parents or curators, unless they receive a clearance certificate from the NRSO.
The Police have training programmes on ensuring the respect of the human rights when conducting investigations, including the issue of sensitivity regarding cases relating to women as victims. The SAPS has a policy which was developed and put into implementation by its National Commissioner to ensure that members render a professional service to victims in respect of the investigation of offences that affect women and to assist victims in this regard. It also provides for information that must be provided to a victim in respect of available services; including HIV testing.
A National Department of Women, located in the Presidency, was established with the necessary dedicated human and financial resources to fulfil its core mandate to ensure effective implementation of initiatives related to the advancement of women and gender equality.
Although this is the core mandate of the Department of Women, all other national and provincial departments have a mandate to implement policies, legislative measures and campaigns to advance gender equality. These include:
• Campaigns during 16 Days of Activism for No Violence against Women and Children, held during November/December annually, contribute to the fight against violence against women.
• Campaign at higher institutions of learning to curb sexual violence,
• Gender inequality of women and girls with disabilities are recognized at legislative level as corroborated by the provisions of section 9(2) (e) of the National Sport and Recreation Act, 1998 (Act No. 110 of 1998 as amended) (hereinafter referred to as “the Act”) which provide that Sport and Recreation South Africa must ensure that women, the youth attending school and those who are no longer attending school, the disabled, senior citizens and neglected rural areas, receive priority regarding programmes for development and the delivery of sport and recreation.
• In recent years, sport has been recognized as a powerful tool through which gender inequality, at the root of Gender Based Violence (GBV), can be effectively addressed. To explore this role of sport and to initiate actions in this regard, Sport and Recreation South Africa, as Chair of the United Nation’s Sport for Development and Peace International Working Group (SDP IWG), prepared a framework for further discussion. This draft framework was approved by the Executive Board in New York on 7 June 2013. After expert presentations and group discussions, the thematic meeting agreed on a set of eight policy recommendations to governments for addressing GBV in and through sport.
Together these comprehensively form part of the 365 days programme of action.
Over the past year, this campaign reached the different sectors of South African society through consultations and engagements with FBOs, Media houses, Trade Unions, Sports fraternity, Private sector and Civil Society Organisations including the Men’s Sector. The aim of the engagements was to work towards a mind-set shift in society from violence against women and children as a government or criminal justice problem towards realising that it is very much a societal problem. In order to make #365 Days of Activism Campaign real, on the 25th of November 2016, the President launched the National Dialogues at Lebowakgomo in Limpopo province. The dialogues will be rolled-out into all Provinces and held in all District Municipalities. Towards this end, Government is seeking to use the community dialogue approach to engage with communities who experience violence both as victims or members of the family of victims. The dialogues are aimed at unravelling the root causes why violence against women is not abating despite an unprecedented body of laws in the country and some of the world’s best-model institutional mechanisms in place.
To give effect to the Department’s focus on accelerating women’s socio-economic development and advancement of gender equality through the implementation of gender mainstreaming across government, a refinement of accountability for gender mainstreaming and Gender Focal Points in terms of location, competencies, reporting lines and strategic role in the promotion of gender mainstreaming across the work of government is being tabled at Cabinet. This proposal seeks to reinforce the Constitutional mandate to promote and protect women’s rights, as well as the approach of the National Development Plan on advancing and empowering women. The National Planning Commission Diagnostic Report indicated that many women continue to experience discrimination, poverty, domestic violence, rape, various other forms of abuse and poor health in the country. The approach of gender mainstreaming is seen as significant in addressing the full and effective implementation of legislation, policies and programmes towards redressing these challenges faced by women. Tools that will effectively drive this approach are thus imperative in efforts towards improving the lives of women and their families, and in ensuring that women are empowered, advanced and developed for their own self-reliance. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:DenmarkDenmarkRegional groupWEOGPolitical groupEUIssue:
- Training for state personnel on sexual rights issues
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Ensure that law enforcement officials and other relevant actors are adequately trained to investigate and prosecute hate crimes on the basis of sexual orientation and gender identity, including through the promotion of awareness-raising and sensitization campaigns.ExplanationA Policy Framework on Combating Hate Crime, Hate Speech and Unfair Discrimination is at an advanced stage of finalisation. This is currently serving in the Top Structures of government where after it will be taken on an intensive national consultative process. Consequently these processes will inform national legislation which is expected to be promulgated within the 2013-2014 Parliamentary calendar. The development of this policy integrates international norms and standards. At the International level, South Africa has successfully piloted a resolution on Human Rights, Sexual Orientation and Gender Identity at the 17th Session of the HRC calling for non-discrimination in this regard. In a seminal case law a South African judge has recently sentenced four 18 year olds to an effective jail term of 18 years for the rape of a lesbian woman.ImplementationNational Report Annex:
FULL IMPLEMENTATION
In order to improve handling of rape cases by Police the SAPS makes use of specialized investigative units called Family Violence, Child Protection and Sexual Offences Units (FCS). FCS investigators receive specialised training in dealing with sexual offences investigations and cases involving children addition to training as investigators. SAPS has developed the Human Rights in Policing Learning Programmes and has been conducting training on same from 1998 to all law enforcement officials.
The SAPS has developed National Instructions on the Domestic Violence Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act in order to provide clear policy directives for the police in support of members to improve service delivery to victims. The NPA (facilitated by SOCA), in line with Act 32 of 2007 also developed directives for prosecutors on how best to deal with sexual offences in the criminal justice system.
Capacity building and training of the SAPS members is an on-going process commencing in basic training. The SAPS engages in public awareness and education campaigns with the purpose of creating a greater awareness of the relevant legislation and government‘s commitment to eradicating violence.
Resourcing and establishing victim-friendly rooms at police service points are on-going. There are currently more than 900 Victim Friendly Facilities rendering victim support services in place and it is envisaged that this will be rolled out to all police stations.
South Africa has dedicated sexual offences courts. These dedicated services use intermediaries, audio-visual equipment and specialised training, among other measures. The NPA’s Sexual Offences and Community Affairs (SOCA) Unit developed comprehensive training manuals which are updated annually to be in line with the latest developments in law for specialist prosecutors and also an integrated training manual for stakeholders at our TCCs.
A National Task Team (“NTT”) was established by the Department of Justice and Constitutional Development (DoJ&CD) to counter the continued discrimination based on sexual orientation and gender identity against members of the LGBTI community. The DoJ&CD launched the National LGBTI Programme and issued terms of reference for a National Intervention Strategy to address violence based on gender and sexual orientation. The DoJ&CD also issued terms of reference for the rapid response team to fast track cases in the criminal justice system in a bid to endorse the government’s commitment to combat discrimination against LGBTI persons.
When the NTT was re-established in May 2013, the DoJ&CD together with representatives from National Human Rights Institutions and civil society organisations set out to achieve a number of tasks. These included, amongst others, to develop a National Intervention Strategy to respond to, and prevent, gender and sexual orientation-based violent crimes perpetrated against LGBTI persons and to develop an Inter-sectoral Implementation Plan. The NTT undertook to strengthen government’s ability to respond to LGBTI needs and to strengthen the capacity of CSOs to deliver related services.
The DoJ&CD has developed the Prevention and Combating of Hate Crimes and Hate Speech Bill. Cabinet in October 2016 approved the publication for public comment of the Bill. The Bill creates the offences of hate crimes and hate speech and seeks to put in place measures to prevent and combat these offences. A hate crime is committed if a person commits any recognised offence, that is a common law or statutory offence (referred to as the “base crime or offence”) and the commission of that offence is motivated by unlawful bias, prejudice or intolerance.
The prejudice, bias or intolerance towards the victim of the hate crime would be because of one or more of the following characteristics, or perceived characteristics, of the victim or the victim’s next of kin: Race, gender, sex, ethnic or social origin, colour, sexual orientation, religion, belief, culture, language, birth, HIV status, nationality, gender identity, intersex, albinism and occupation or trade.
The draft NAP and the accompanying consultations around the country have also raised awareness.
Attempts have also been made to increase awareness of the Equality Courts, which hear cases of discrimination.
The National Task Team is driven and guided by the Constitution which promises equality and dignity on the basis of sexual orientation.
An inter-sectoral communication plan outlining a number of public education and communication initiatives has also been developed. This seeks to popularise inter-sectorial interventions aimed at addressing the violence committed against LGBTI persons, to promote partnerships amongst government, civil society, business and the media in the fight against gender based violence and to encourage communities to report these crimes. A television advert was made to convey a national message to South Africans to promote equality, dignity and freedom protected under the Constitution. The television advert was first flighted during the launch of the LGBTI Programme in April 2014. With SABC, 13 million people were reached through the LGBTI TV advert, a further 10 million people through eTV and community radio reached a further 6.1 million people. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:IranIranRegional groupAsia-Pacific GroupPolitical groupOICIssue:
- HIV and AIDS
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Enhance its health care measures and policies with an aim to reduce the prevalence of child mortality and HIV/AIDS rates.ExplanationThe government entered into a partnership on 9 August 2011, known as MDGs Acceleration Framework (MAF) to specifically focus on those MDGs presenting challenges of attainment by 2015. These include MDGs 4, 5 and 6. This partnership has already begun to show signs of positive trajectory. South Africa has submitted progress reports to the United Nations in 2005 and 2010 outlining the country's consolidated achievements towards attaining the MDGs. A National Programme involving all multi-stakeholders was initiated on 21 June 2012 in national preparation for the 3rd and last MDGs report to the UN prior to 2015.ImplementationNational Report:
Para 47) To deal with the challenges of HIV and the wide-ranging impacts of AIDS, the Government has adopted a multi-sectoral approach. During 2011, the South African National AIDS Council, in which Government, business, labour and civil society are represented, reviewed the implementation of these strategic plans and developed a comprehensive prevention, care and treatment programme for the next five-year plan (for the period 2012–2016).
Para 48) South Africa has the largest ARV therapy programme in the world, today. At the end of March 2016, there were 3 407 336 clients remaining on antiretroviral therapy (ART). Prevention is the mainstay of efforts to combat HIV and AIDS. Since the HIV Counselling and Testing (HCT) campaign was introduced in 2010, over 44 million people have been tested. A total of 11,898,308 people between the ages of 15 and 49 years were tested, exceeding the annual target of 10 million for the financial year 2015/16.
National Report Annex:
PARTIAL IMPLEMENTATION
By 2010, South Africa had made significant progress in achieving universal access to treatment for HIV/AIDS by those who need it. The proportion of eligible adults and children receiving antiretroviral therapy (ART) leapt from 58.3% in 2010, to 75.2% in 2011 and ART coverage for HIV positive pregnant women also leapt from 87.3% to 99%. In 2013, 2.3 million South Africans were on antiretroviral treatment making it the largest programme in the world. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- Other
Type:Review DocumentationSession:27th Session May 2017Status:N/AContents:The equality clause in the Constitution (section 9), expressly mentions marital status as one of listed grounds upon which unfair discrimination is prohibited. [Para 66] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Strengthen its system for monitoring, reporting and analyzing crimes of violence and discrimination against individuals based on grounds of sexual orientation or gender identity -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:BotswanaBotswanaRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Prioritize the retention of girls in schools and accord to them the opportunity and the environment to progress at a par with their male colleagues -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:JapanJapanRegional groupAsia-Pacific GroupIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Strengthen measures to address the serious and ongoing issue of violence against women, while taking on board the recommendations of the Special Rapporteur on violence against women, its causes and consequences -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:AustriaAustriaRegional groupWEOGPolitical groupEUIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Increase efforts to guarantee women’s access to justice, protection and other remedies and put in place stronger mechanisms to protect women and girls from gender-based violence and provide redress to victims -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ZambiaZambiaRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- Adolescent sexual activity
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Amend the Children’s Act with the aim of prohibiting virginity tests on children, irrespective of their age -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
Type:Review DocumentationSession:27th Session May 2017Status:Reference AddressedContents:The country team noted that there were no centralized statistics at the national level on the number of incidents of gender-based violence, just the data on sexual offences released by the police annually. [Para 53] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Sexual violence
Type:Review DocumentationSession:27th Session May 2017Status:NeglectedContents:JS8 recommended that South Africa: commit the requisite resources to ensure the full and proper implementation of its Policy to Address Sexual Abuse of Inmates, and address abuse in police holding cells and Lindela ... [Para 36] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Adolescent sexual activity
- Women's and / or girls' rights
Type:Review DocumentationSession:27th Session May 2017Status:Reference AddressedContents:JS6 noted that the Children’s Act of 2005 criminalises virginity testing only of girls under the age of 16 and recommended that the government pass legislation to expressly ban the practice for all women. [Para 73] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Discrimination based on sexual orientation
- Training for state personnel on sexual rights issues
- Violence on the basis of sexual orientation
Type:Review DocumentationSession:13th session, June 2012Status:Reference AddressedContents:... It urged effective protection from violence and discrimination against women based on their sexual orientation, continued sensitization campaign and training for law enforcement officials and other relevant actors. [Para 20; CEDAW] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Sexual violence
Type:Review DocumentationSession:13th session, June 2012Status:Reference AddressedContents:... ICJ recommended that the Government adopt a more effective approach to break the cycle of sexual violence. [Para 40] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Accelerate implementation of the ... the National Strategic Plan on Gender Based Violence and Femicide (2020) ...