A/66/44
of opinion could be resolved. Noting the risk of criminal prosecution and imprisonment
facing both the women concerned and their physicians, the Committee expresses concern
that this may raise issues that constitute a breach of the Convention. The Committee
appreciates the intention of the State party, as expressed during the dialogue with the
Committee, to establish an expert group to address the Court’s ruling. The Committee is
nonetheless concerned further that, despite the already existing case law allowing for
abortion, no legislation is in place and that this leads to serious consequences in individual
cases, especially affecting minors, migrant women, and women living in poverty (arts. 2
and 16).
The Committee urges the State party to clarify the scope of legal abortion through
statutory law and provide for adequate procedures to challenge differing medical
opinions as well as adequate services for carrying out abortions in the State party, so
that its law and practice is in conformity with the Convention.
Violence against women, including domestic violence
(27) The Committee welcomes measures taken by the State party to prevent and alleviate
gender-based violence, including the adoption of the National Strategy on Domestic,
Sexual and Gender-based Violence, 2010–2014. However, the Committee is gravely
concerned at reports on the continued high rates of domestic violence against women and at
the cuts in funding, in 2009 and 2010, for refuge and support services for victims of
violence.
The Committee urges the State party:
(a)
To strengthen its efforts to prevent violence against women through,
inter alia, the effective implementation of the National Strategy on Domestic, Sexual
and Gender-based Violence, including the collection of relevant data;
(b)
To enhance its support and funding of refuge and support services
provided for victims of domestic violence;
(c)
To institute prompt, impartial and thorough investigations into
allegations of domestic violence, and where appropriate, prosecutions and convictions;
(d)
To amend the Domestic Violence Act of 1996 so as to include clear
criteria to grant safety and barring orders and extend eligibility for all parties who
are or have been in an intimate relationship, regardless of cohabitation, in line with
internationally recognized best practice;
(e)
To ensure that migrant women with dependent immigration status who
are experiencing domestic violence be afforded independent status under legislation.
Treatment of persons with mental disabilities
(28) The Committee expresses concern at the fact that the definition of a voluntary
patient is not sufficiently drawn to protect the right to liberty of a person who might be
admitted to an approved mental health centre. The Committee further regrets the lack of
clarity on the reclassification of mentally disabled persons from voluntary to involuntary
(arts. 2 and 16).
The Committee recommends that the State party review its Mental Health Act of 2001
in order to ensure that it complies with international standards. The Committee,
therefore, recommends that the State party report on the specific measures taken to
bring its legislation into line with internationally accepted standards in its second
periodic report.
98
GE.11-45568
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