CEDAW/C/GC/30
that respect, the Committee reiterates its observation in general recommendation
No. 28 that States parties continue to be responsible for all their actions affecting
the human rights of citizens and non-citizens, internally displaced persons, refugees,
asylum seekers and stateless persons, within their territory or effective control, even
if not situated within their territory.
6.
Women are not a homogenous group and their experiences of conflict and
specific needs in post-conflict contexts are diverse. Women are not passive bystanders
or only victims or targets. They have historically had and continue to have a role as
combatants, as part of organized civil society, as human rights defenders, as members
of resistance movements and as active agents in both formal and informal
peacebuilding and recovery processes. States parties must address all aspects of their
obligations under the Convention to eliminate discrimination against women.
7.
Discrimination against women is also compounded by intersecting forms of
discrimination, as noted in general recommendation No. 28. Given that the
Convention reflects a life-cycle approach, States parties are also required to address
the rights and distinct needs of conflict-affected girls that arise from gender-based
discrimination.
III. Application of the Convention to conflict prevention,
conflict and post-conflict situations
A.
Territorial and extraterritorial application of the Convention
8.
The Committee reiterates general recommendation No. 28 to the effect that the
obligations of States parties also apply extraterritorially to persons within their
effective control, even if not situated within their territory, and that States parties are
responsible for all their actions affecting human rights, regardless of whether the
affected persons are in their territory.
9.
In conflict and post-conflict situations, States parties are bound to apply the
Convention and other international human rights and humanitarian law when they
exercise territorial or extraterritorial jurisdiction, whether individually, for example,
in unilateral military action, or as members of international or intergovernmental
organizations or coalitions, for example, as part of an international peacekeeping
force. The Convention applies to a wide range of situations, including wherever a
State exercises jurisdiction, such as occupation and other forms of administration of
foreign territory, for example, United Nations administration of territory; to national
contingents that form part of an international peacekeeping or peace-enforcement
operation; to persons detained by agents of a State, such as the military or
mercenaries, outside its territory; to lawful or unlawful military actions in another
State; to bilateral or multilateral donor assistance for conflict prevention and
humanitarian aid, mitigation or post-conflict reconstruction; in involvement as third
parties in peace or negotiation processes; and in the formation of trade agreements
with conflict-affected countries.
10. The Convention also requires States parties to regulate the activities of
domestic non-State actors within their effective control who operate
extraterritorially. The Committee reaffirmed in its general recommendation No. 28
the requirement in article 2 (e) of the Convention to eliminate discrimination by any
13-54331
3/24