Displaying 47176 - 47200 of 58160 recommendations found
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:HaitiHaitiRegional groupGRULACPolitical groupOASACSOIFIssue:
- Sexual violence
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Deploy the necessary efforts to improve the functioning of the courts dealing with sexual crimes in the country, while intensifying public awareness-raising campaigns aimed at reducing the underutilization of these courts -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:CzechiaCzechiaRegional groupEEGPolitical groupEUIssue:
- Birth registration
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Ensure registration of all children at birth as well as delayed registration of children who have not been registered at birth -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Sexual and / or reproductive rights and / or health broadly
Type:Review DocumentationSession:27th Session May 2017Status:Reference AddressedContents:The Human Rights Committee recommended (...) the implementation of a sexual and reproductive health policy, especially concerning adolescents. [Para 43] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:Review DocumentationSession:27th Session May 2017Status:Reference AddressedContents:The Special Rapporteur on violence against women noted the high level of sexual violence against girls in schools perpetrated by both teachers and classmates ... [Para 50] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- HIV and AIDS
Type:Review DocumentationSession:27th Session May 2017Status:NeglectedContents:Monitoring activities in the Lindela Repatriation Centre revealed systemic issues, including: (...) the lack of provision (...) of voluntary counselling and testing for HIV/AIDS. The Government needed to urgently address the challenges which persist at the repatriation centre. [Para 10] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:PalestinePalestineRegional groupObserverPolitical groupOICALIssue:
- Gender equality
Type:CommentSession:1st session, April 2008Status:Not Followed up with a RecommendationContents:It noted South Africa's excellent achievements regarding equality for women, equality to work, education, and food security as well as its challenges in health. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
- Training for state personnel on sexual rights issues
Type:Review DocumentationSession:27th Session May 2017Status:Reference AddressedContents:JS5 recommended that law enforcement agencies, the national prosecuting authority and judicial officers receive adequate training on how to diligently investigate and prosecute cases of gender-based violence. [Para 71] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:United StatesUnited StatesRegional groupWEOGPolitical groupOASIssue:
- Sexual violence
Type:QuestionSession:1st session, April 2008Status:Not Followed up with a RecommendationContents:Asked what resources South Africa will put into implementing the new Sexual Offences Bill and Related Matters Amendment Bill, and how South Africa expects the implementation of this law will reduce the level of sexual violence in the country. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- Gender equality
Type:Review DocumentationSession:13th session, June 2012Status:N/AContents:... At this level [primary education], almost the same proportion of boys of school-going age as girls of school-going age, is attending school. [Para 33] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Gender equality
Type:Review DocumentationSession:13th session, June 2012Status:NeglectedContents:The ILO Committee of Experts asked the Government to consider amending the Employment Equity Act so as to provide expressly for equal remuneration for men and women for work of equal value. [Para 42] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- HIV and AIDS
Type:Review DocumentationSession:13th session, June 2012Status:Reference AddressedContents:... AI recommended that all government departments be involved in developing and implementing plans aimed at reducing physical and cost barriers to access HIV-related health services in rural areas. [Para 70] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- Birth registration
Type:RecommendationSession:41st session, November 2022Status:Unclear ResponseContents:Guarantee every child's right to immediate, free birth registration and certification, regardless of their parents' status in accordance with Article 7 of the Convention on the Rights of the Child.
ExplanationNoted. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UruguayUruguayRegional groupGRULACPolitical groupOASOEIIssue:
- Contraception
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Take all necessary measures to expand and facilitate access to modern contraceptives among adolescent women and young people.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:BotswanaBotswanaRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- Marginalized groups of women
- Empowerment of women
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Prioritise access to credit markets and capacity building for rural women.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:IsraelIsraelRegional groupWEOGIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Develop targets for the National Strategic Plan on Gender-Based Violence and promote changes in knowledge and behaviors to eradicate gender stereotypes and myths around sexual violence.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:SwitzerlandSwitzerlandRegional groupWEOGPolitical groupOIFIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Accelerate the implementation of the 2020 National Strategic Plan on Gender-Based Violence and Femicide.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:CyprusCyprusRegional groupAsia-Pacific GroupPolitical groupEUOIFCommonwealthIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Monitor implementation of the National Action Plan on Gender Based Violence and Femicide.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:IsraelIsraelRegional groupWEOGIssue:
- Harmful practices based on cultural / traditional values
- Intersex persons' rights
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:End harmful practices, including forced and coercive medical interventions, to ensure the bodily integrity of children with intersex variations.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Abortion
- Gender equality
Type:Review DocumentationSession:41st session, November 2022Status:Not Followed up with a RecommendationContents:Two Committees recommended that the Government ensure ... that pregnant girls be able to attend school and be readmitted. CESCR recommended ensuring that physicians who invoked conscientious objection provided referrals. [Para 43]
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Sex work / "prostitution"
- Right to health
Type:Review DocumentationSession:41st session, November 2022Status:Not Followed up with a RecommendationContents:JS12 noted that ... and that criminalisation [of sex workers] obstructed their healthcare access. [Para 55]
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Sexual exploitation / slavery
Type:Review DocumentationSession:41st session, November 2022Status:Reference AddressedContents:CEDAW recommended that the Government ensure safe educational environments, address cases of sexual exploitation through reporting and sanctions, and provide victim support. [Para 47]
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:SlovakiaSlovakiaRegional groupEEGPolitical groupEUIssue:
- International human rights instruments
Type:RecommendationSession:13th session, June 2012Status:No ResponseContents:Consider an early ratification of the OP-CRC-IC.ImplementationNational Report Annex:
NO IMPLEMENTATION
The ratification of OPIC is under consideration as the necessary implementation mechanisms are determined. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:CzechiaCzechiaRegional groupEEGPolitical groupEUIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:RecommendationSession:13th session, June 2012Status:No ResponseContents:Take increased measures to protect and provide redress to women subjected to gender-based violence.ImplementationNational Report Annex:
FULL IMPLEMENTATION
The Victims' Charter provides redress for victims.
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.
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:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- Discrimination based on sexual orientation
Type:RecommendationSession:1st session, April 2008Status:Unclear ResponseContents:Increase its efforts to provide mediation machinery to provide victims of discrimination on the basis of sexual orientation more accessible and rapid remediesExplanationMost of the recommendations have already been implemented through national legislation and policy programmes. In South Africa, everyone has the right to equal protection and benefit of the law. No one may be discriminated against on any ground. The Constitution extends this protection to all groups, including persons with alternative life and sexual orientations. Successful cases have been adjudicated upon by the South African Constitutional Court where discrimination on some of these grounds could be proven.ImplementationNational Report Annex 1:
The right to equal protection and benefit of the law is constitutionally guaranteed in South Africa. Discrimination on the ground of sexual orientation is prohibited. Bearing in mind the recent spate of violence visited upon LGBTI persons, government has established a National Task Team comprising representatives from government and civil society with a view to develop administrative and legislative measures to ensure maximum protection, adequate remedies and combating impunity. Meanwhile, our Courts have set a precedent by delivering a seminal judgement, by convicting and sentencing perpetrators of this emerging violence and intolerance against LGBTI persons. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:New ZealandNew ZealandRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Training for state personnel on sexual rights issues
- Sexual violence
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Ensure police and justice officials have appropriate training and direction to improve the investigation and prosecution of sexual violence including that based on sexual orientation or gender identity.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.
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.
Nationally, there are 176 established FCS units attached to all police clusters within SAPS. This has resulted in lengthy convictions, achieved through the dedicated work of detectives and prosecutors.
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.
Stakeholder Summary:
Para 69) JS6 indicated that despite efforts made, studies continued to note persistent problems with the police management of cases of sexual offences including refusal to accept rape complaints.