Displaying 49651 - 49675 of 58160 recommendations found
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State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:FijiFijiRegional groupAsia-Pacific GroupPolitical groupPIFCommonwealthIssue:
- Marginalized groups of women
- Women's participation
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Ensure the meaningful participation of women, children, persons with disabilities, and local communities in the development and implementation of climate change and disaster risk reduction frameworks. -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UruguayUruguayRegional groupGRULACPolitical groupOASOEIIssue:
- Women's and / or girls' rights
Type:RecommendationSession:12th session, October 2011Status:AcceptedContents:Modify the Law on marriage and its provisions on conjugal authority, that infringe the principle of equality, by restricting rights such as to apply for bank credits or to acquire properties, for which the husband's written consent is required. -
State Under Review:EswatiniEswatiniRegional 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:EswatiniEswatiniRegional 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:EswatiniEswatiniRegional 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:EswatiniEswatiniRegional 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:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Enact legislation to protect equality of rights for women in line with the CEDAW.ImplementationNational Report:
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 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.
Para 47) Section 211(2) of the Constitution of the Kingdom of Eswatini provides that all citizens of Eswatini have access to land regardless of gender. However, post the Constitution, some Chiefdoms followed the traditional system of land allocation. This meant that women only accessed land through males which could either be their husbands, male relative or male child. For some women who were unmarried or widowed, access to land remained a struggle. However, it is worth mentioning that there is now a paradigm shift from the patronage system as most Chiefs are aware of the Constitutional rights of women, thus land is accessible to women without the assistance of a male. Efforts are being made to develop an information management system that will provide statistical data on this development.
UN Compilation:
Para 55) The United Nations country office in Eswatini indicated that the State had made significant strides in addressing gender inequalities. However, pervasive structural disparities, deep-rooted harmful gender stereotypes and patriarchal attitudes had led to gender inequalities that disadvantaged women, while the country’s dual legal system – which was based on a constitutional legal framework and traditional and customary laws – provided women and girls with limited protection.
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. The lack of equal representation of women in the public and private sectors, in particular in decision-making positions, was also a matter of concern.
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 54) JS10 also noted with concern that women were very often unlawfully subjected to land grabbing, evictions and disinheritance, situation that had been heightened by the Covid-19 lockdown where victims have had very limited options to seek redress for rights violations.
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.
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.
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State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:MalaysiaMalaysiaRegional groupAsia-Pacific GroupPolitical groupASEANOICCommonwealthIssue:
- Sexual exploitation / slavery
- Marginalized groups of women
- Violence against women / gender-based violence
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Take concrete measures towards protecting children from sexual exploitation, including violence against girls with albinism, through law enforcement and appropriate sanctions, and active awareness campaigns and partnerships with local communities to combat impunity.ImplementationUN Compilation:
Para 32) The HR Committee was concerned about reports that adults and children had been recruited by chiefs into forced labour and that children, orphans in particular, had been forced into sex work and domestic servitude.
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State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Ensure and guarantee non-discriminatory access to health services, education, justice and employment for all persons, irrespective of their actual or perceived sexual orientation or gender identity.ImplementationNational Report:
Para 68) Eswatini’s health facilities provide health services to all citizens regardless of their sexual orientation or gender identity.
Para 70) The Government is currently implementing SRHR – HIV knows No Borders targeting migrants to ensure their access to healthcare services. This programme further targets communities, religious sector, sex workers, AGYW and LGBTIQs.
UN Compilation:
Para 12) The HR Committee was concerned about reports that lesbian, gay, bisexual, transgender and intersex persons frequently faced discrimination, in particular in accessing adequate housing and employment, and was also concerned about reports of violence against those persons. The United Nations country team regretted that Eswatini intended to maintain the law criminalizing same-sex relations.
Stakeholder Summary:
Para 16) AI, JS3 and JS7 stated that LGBTI persons faced stigma and discrimination in Eswatini, and that same-sex relations were criminalized. They were concerned at barriers that hindered access to HIV services for LGBTI persons. RoH noted that, despite the Employment Act 1980, people had seen their employment’ contracts terminated over their sexual orientation.
Para 17) Various stakeholders reported with concern that, in 2019, an application for registration of a LGBTI organization was rejected by the Government, arguing, among other reasons, that same-sex sexual acts were criminalized in Eswatini.
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State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ArgentinaArgentinaRegional groupGRULACPolitical groupOASOEIIssue:
- Harmful practices based on cultural / traditional values
- Marginalized groups of women
- Violence against women / gender-based violence
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Prohibit traditional practices that endanger the physical and psychological integrity of women, such as those affecting women and girls with albinism.ImplementationNational Report:
Para 51) The Constitution protects women and girls from being forced to contract marriages without their consent and being subjected to customs they are opposed to in conscience. Therefore, customary practices of kungenwa, kwendziswa and others are no longer practised against the free and full consent of the intending spouses. At a Customary marriage ceremony, the presence of a Chief’s representative plays an important role of witnessing the proceedings of the ceremony including if the woman is a consenting party to the marriage.
Para 52) With regards to the fixed legal age to marry, the country is reviewing the Marriage Act of 1964 which will fix the marriageable age to 18 for both males and females. A draft Marriages Bill is currently undergoing legislative processes.
Para 53) There are on-going community dialogues, sensitisation campaigns, media advocacy on the adherence to laws protecting children, in particular the girl child, against harmful practices that hinder their full development. Where there are suspected reported cases of child marriages, the office of the Deputy Prime Minister attends to the cases and as a result several children have been removed from forced marriages and cases referred to the criminal justice system for investigations and prosecution.
Para 85) With regards to Persons with Albinism (PWA), Eswatini has designed and is implementing programs to support PWA, which include amongst others community dialogues to change the stereotypical negative thinking and myths about PWA as well as protecting them from harmful practices.
Para 89) Further, the general principles of criminal and statutory law apply with same effect in cases of harmful practices such as ritual killings, “mercy killings”, mutilations, trafficking of organs and body parts, infanticide, or premeditated killing of PWA. During trial the Court considers crimes committed against PWD as aggravated, in particular if there is proof that the victim lived with disabilities.
UN Compilation:
Para 11) The United Nations country team indicated that, although Eswatini had supported six recommendations regarding the protection of persons with albinism during its second universal periodic review, those persons continued to face discrimination and violence, including killings and murders for ritual purposes. The country team regretted that Eswatini had not yet accepted the request of the Independent Expert on the enjoyment of human rights by persons with albinism to visit the country.
Para 56) The HR 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.
Stakeholder Summary:
Para 58) HRW was concerned at the high rates of gender-based violence and that women and girls, especially those living in rural areas under traditional leaders and governed by highly patriarchal Swazi law and custom, were often subjected to discrimination and harmful practices such as the “inhlanti” and “kwendzisa”, and “kungenwa”. According to some stakeholders, married women remain “perpetual minors” and are subject to their husbands, who make key decisions for them as their “guardians.” Young women are forced to take part in highly-stereotyped cultural activities and may be punished or fined by traditional leaders if they resist.
Para 63) While noticing that Eswatini had progress in combatting child marriages and as a result it had one of the lowest rates of child marriages in Africa, ECLJ was concerned that this practice was still high in certain parts of the country such as Lubombo and Hhohho.
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State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Sierra LeoneSierra LeoneRegional groupAfrica GroupPolitical groupAUOICCommonwealthIssue:
- Early marriage
- Harmful practices based on cultural / traditional values
- Gender equality
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Raise the legal minimum age of marriage to 18 years for girls.ExplanationSwaziland accepts this recommendation. The Marriage Act is currently being amended. The Draft Bill provides for 21 years being the marriageable age for both boys and girls.ImplementationNational Report:
Para 51) The Constitution protects women and girls from being forced to contract marriages without their consent and being subjected to customs they are opposed to in conscience. Therefore, customary practices of kungenwa, kwendziswa and others are no longer practised against the free and full consent of the intending spouses. At a Customary marriage ceremony, the presence of a Chief’s representative plays an important role of witnessing the proceedings of the ceremony including if the woman is a consenting party to the marriage.
Para 52) With regards to the fixed legal age to marry, the country is reviewing the Marriage Act of 1964 which will fix the marriageable age to 18 for both males and females. A draft Marriages Bill is currently undergoing legislative processes.
Para 53) There are on-going community dialogues, sensitisation campaigns, media advocacy on the adherence to laws protecting children, in particular the girl child, against harmful practices that hinder their full development. Where there are suspected reported cases of child marriages, the office of the Deputy Prime Minister attends to the cases and as a result several children have been removed from forced marriages and cases referred to the criminal justice system for investigations and prosecution.
UN Compilation:
Para 56) The HR 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.
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State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Gender equality
- Women's and / or girls' rights
Type:Review DocumentationSession:25th session, May 2016Status:Reference AddressedContents:CEDAW called upon Swaziland to adopt a comprehensive legal definition of discrimination against women in line with the Convention, covering all prohibited grounds of discrimination. [Para 8] -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:Review DocumentationSession:25th session, May 2016Status:NeglectedContents:Concerned about the widespread cases of abuse of and sexual violence against girls in schools by teachers and when travelling to and from school, CEDAW recommended that Swaziland adopt measures to prevent and eliminate all abuse of and sexual violence against girls in schools and ensure that perpetrators are adequately punished. [Para 37] -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- HIV and AIDS
Type:Review DocumentationSession:25th session, May 2016Status:NeglectedContents:The country team noted that Swaziland had the highest HIV prevalence in the world at 26 per cent among the sexually active population, with the rate of HIV infection higher among women than men. [Para 77] -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:Review DocumentationSession:25th session, May 2016Status:Reference AddressedContents:HRW recommended that Swaziland reconsider and commit to recommendations for reforms rejected during its first UPR, including ensuring enjoyment of the right to health without discrimination on the basis of sexual orientation or gender identity; and prevention of discrimination based on marital status and sexual orientation. [Para 35] -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- Sexual and / or reproductive rights and / or health broadly
Type:Review DocumentationSession:39th Session, November 2021Status:N/AContents:Further, Eswatini has made progress in developing sector policies guiding the promotion, protection and enjoyment of human rights as well as improving the livelihoods of Emaswati. These include ..., Health and Reproductive Rights ... [Para 10] -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Sexuality education
- Adolescent pregnancy
Type:Review DocumentationSession:39th Session, November 2021Status:Not Followed up with a RecommendationContents:UNICEF ... recommended that the sexual information and education campaigns that formed part of the life skills curriculum should be strengthened to assist in further reducing teenage pregnancies. [Para 47]
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State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:39th Session, November 2021Status:Not Followed up with a RecommendationContents:JS7 recommended expediting the finalisation of and consultation on the Marriages Bill and Matrimonial Property Bill, in line with the Constitution and international law, and putting in place legislative measures that gives equal citizenship rights between mothers and fathers over their children. [Para 56]
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State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Holy SeeHoly SeeRegional groupObserverIssue:
- Maternal health / morbidity / mortality
Type:RecommendationSession:12th session, October 2011Status:AcceptedContents:Continue with free pre-natal care services to reduce maternal mortalityImplementationNational Report:
Para 94) Innovative and creative programmes that selectively target vulnerable groups such as orphans, women, children and the elderly were put in place to rectify social imbalances and meet the pre-set targets for 2015. These included: ... Free Ante- and Post Natal Care for women, & children ... -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:GermanyGermanyRegional groupWEOGPolitical groupEUIssue:
- Birth registration
Type:QuestionSession:12th session, October 2011Status:Not Followed up with a RecommendationContents:It asked what steps the Government was taking to ensure birth registration for all children. -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Rights of same-sex desiring persons
Type:QuestionSession:12th session, October 2011Status:Not Followed up with a RecommendationContents:What plans do you have to enact legislation protecting the right to freedom of sexual orientation? -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:LuxembourgLuxembourgRegional groupWEOGPolitical groupEUOIFIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Criminal laws on same-sex sexual practices
Type:RecommendationSession:39th Session, November 2021Status:Unclear ResponseContents:Prohibit discrimination based on sexual orientation and gender identity; and decriminalize same-sex relationships.ExplanationNoted. -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- International human rights instruments
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Consider the ratification of the OP-CEDAW. -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Burkina FasoBurkina FasoRegional groupAfrica GroupPolitical groupAUOICOIFIssue:
- Maternal health / morbidity / mortality
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Allocate additional resources to end preventable maternal mortality and morbidity. -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:LatviaLatviaRegional groupEEGPolitical groupEUIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Take all necessary measures, both in law and in practice, to combat violence against women.