2.4. GENDER EQUALITY DURING EMERGENCIES
The fact that crises impact women and girls both differently and more intensely has been
well documented. However, discussions of how to protect their rights during emergencies is
often “compartmentalized” – viewed through the lens of general commitments to non-discrimination, addressed within the Women, Peace and Security (WPS) agenda,34 as related to
armed conflict, or considered part of gender-sensitive disaster risk reduction policies, plans
and programmes referring to natural disasters. In fact, all three approaches overlap and are
mutually reinforcing.
CEDAW sets forth states’ obligations to promote substantive equality between women and
men. The obligations of CEDAW apply during crisis situations and public emergencies in the
same was as they do under any other circumstances.35 In fact, emergencies require states
to address intersecting forms of discrimination and take measures that are themselves gender-responsive.36 The CEDAW Committee has reiterated this obligation in the context of the
COVID-19 pandemic; states must ensure that emergency measures do not directly or indirectly
discriminate against women or girls.37
States must also enable women to fully and meaningfully participate in political processes
concerned with preparing for, responding to and recovering from crises, whether brought
about by conflict, natural disasters or other events.
CEDAW Committee General Recommendations:
• In all crisis situations, whether non-international or international armed conflict,
public emergencies, foreign occupation or other situations of concern, such as
political strife, women’s rights are guaranteed by an international law regime that
consists of complementary protections under [CEDAW] and international humanitarian, refugee and criminal law.38
• The Convention promotes and protects women’s human rights, and this should
be understood to apply at all stages of climate change and disaster prevention,
mitigation, response, recovery and adaptation.39
34 For the basis for the agenda, see: “UN Security Council Resolution 1325 on Women, Peace and Security” (UNSC 1325),
31 October 2000, <http://unscr.com/en/resolutions/doc/1325>.
35 CEDAW Committee, “General Recommendation No. 30 on Women in Conflict Prevention, Conflict and Post-Conflict
Situations”, op. cit., note 20, para. 73c.
36 Ibid.; and CEDAW Committee, “General Recommendation No. 37 on the Gender-Related Dimensions of Disaster Risk
Reduction in the Context of Climate Change”, 7 February 2018, CEDAW/C/GC/37, <https://reliefweb.int/report/
world/general-recommendation-no-37-gender-related-dimensions-disaster-risk-reduction-context>.
37 CEDAW Committee, “Guidance Note on CEDAW and COVID-19”, 22 April 2020, <https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT/CEDAW/STA/9156&Lang=en.>.
38 CEDAW Committee, “General Recommendation No. 30 on Women in Conflict Prevention, Conflict and Post-Conflict
Situations”, op. cit., note 20, para. 19.
39 CEDAW Committee, “General Recommendation No. 37 on the Gender-Related Dimensions of Disaster Risk Reduction
in the Context of Climate Change”, 7 February 2018, <https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20
Documents/1_Global/CEDAW_C_GC_37_8642_E.pdf>. Note that the CEDAW Committee makes clear that the
recommendation applies to a range of risks and disasters, as defined in: UN Office for Disaster Risk Reduction, “Sendai
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