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). 149

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