Annex 1
General
Recommendation
Provisions related to Reproductive Rights
General
Recommendation
No. 25 –
Temporary special
measures, 2004
The Committee stresses, “a purely formal legal or programmatic
approach is not suffi cient to achieve women’s de facto equality
with men, which the Committee interprets as substantive equality.
In addition, the Convention requires that women be given an equal
start and that they be empowered by an enabling environment to
achieve equality of results. It is not enough to guarantee women
treatment that is identical to that of men. Rather, biological as well
as socially and culturally constructed differences between women
and men must be taken into account. Under certain circumstances,
non-identical treatment of women and men will be required in
order to address such differences. Pursuit of the goal of substantive
equality also calls for an effective strategy aimed at overcoming
underrepresentation of women and a redistribution of resources and
power between men and women.”
General
Recommendation
No. 26 – Women
migrant workers,
2008
The country of origin should “Deliver or facilitate free or
affordable gender- and rights-based pre-departure … information on
general and reproductive health, including HIV/AIDS prevention”, cf.
Paragraph 24 (b) (i).
Among the duties of the country of destination are to ensure
“linguistically and culturally appropriate gender-sensitive services
for women migrant workers are available, including … health-care
services … programmes designed especially for isolated women
migrant workers, such as domestic workers and others secluded
in the home, in addition to victims of domestic violence. Victims
of abuse must be provided with relevant emergency and social
services, regardless of their immigration status”, cf. Paragraph 26
(i); to ensure “pregnant and breastfeeding mothers [in detention]
have access to appropriate services”, cf. Paragraph 26 (j); and to
provide “undocumented women migrant workers … legal remedies
and justice … if they face deprivation of fulfi lment of basic needs,
including in times of … pregnancy and maternity”, cf. Paragraph 26
(l).
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