CEDAW/C/GC/30
I. Introduction
1.
The Committee on the Elimination of Discrimination against Women decided
at its forty-seventh session, in 2010, pursuant to article 21 of the Convention on the
Elimination of All Forms of Discrimination against Women, to adopt a general
recommendation on women in conflict prevention, conflict and post-conflict
situations. The primary aim and purpose of the general recommendation is to
provide authoritative guidance to States parties on legislative, policy and other
appropriate measures to ensure full compliance with their obligations under the
Convention to protect, respect and fulfil women’s human rights. It also builds upon
principles articulated in previously adopted general recommendations.
2.
Protecting women’s human rights at all times, advancing substantive gender
equality before, during and after conflict and ensuring that women’s diverse
experiences are fully integrated into all peacebuilding, peacemaking and
reconstruction processes are important objectives of the Convention. The Committee
reiterates that States parties’ obligations continue to apply during conflict or states
of emergency without discrimination between citizens and non-citizens within their
territory or effective control, even if not situated within the territory of the State
party. The Committee has repeatedly expressed concern about the gendered impacts
of conflict and women’s exclusion from conflict prevention efforts, post-conflict
transition and reconstruction processes and the fact that reports of States parties do
not provide sufficient information on the application of the Convention in such
situations.
3.
The general recommendation specifically guides States parties on the
implementation of their obligation of due diligence in respect of acts of private
individuals or entities that impair the rights enshrined in the Convention, and makes
suggestions as to how non-State actors can address women’s rights in conflictaffected areas.
II. Scope of the general recommendation
4.
The general recommendation covers the application of the Convention to
conflict prevention, international and non-international armed conflicts, situations of
foreign occupation and other forms of occupation and the post-conflict phase. In
addition, the recommendation covers other situations of concern, such as internal
disturbances, protracted and low-intensity civil strife, political strife, ethnic and
communal violence, states of emergency and suppression of mass uprisings, war
against terrorism and organized crime, which may not necessarily be classified as
armed conflict under international humanitarian law and which result in serious
violations of women’s rights and are of particular concern to the Committee. For the
purpose of the present general recommendation, the phases of conflict and postconflict have at times been divided, given that they can encompass different
challenges and opportunities with regard to addressing the human rights of women
and girls. The Committee notes, however, that the transition from conflict to postconflict is often not linear and can involve cessations of conflict and then slippages
back into conflict, a cycle that can continue for long periods.
5.
Such situations are closely linked to crises of internal displacement,
statelessness and the struggle of refugee populations with repatriation processes. In
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