CONSECUENCIAS

A. Introductory sentence of article 2

18. Intersectionality is a basic concept for understanding the scope of the general obligations of States parties contained in article 2. The discrimination of women based on sex and gender is inextricably linked with other factors that affect women, such as race, ethnicity, religion or belief, health, status, age, class, caste and sexual orientation and gender identity. Discrimination on the basis of sex or gender may affect women belonging to such groups to a different degree or in different ways to men. States parties must legally recognize such intersecting forms of discrimination and their compounded negative impact on the women concerned and prohibit them. They also need to adopt and pursue policies and programmes designed to eliminate such occurrences, including, where appropriate, temporary special measures in accordance with article 4, paragraph 1, of the Convention and general recommendation No. 25

General Recommendation No. 27 on older women and protection of their human rights, CEDAW/C/GC/27, 16 December 2010

Keywords: multiple discrimination

Specific areas of concern

13. The discrimination experienced by older women is often multidimensional, with the age factor compounding other forms of discrimination based on gender, ethnic origin, disability, poverty levels, sexual orientation and gender identity, migrant status, marital and family status, literacy and other grounds. Older women who are members of minority, ethnic or indigenous

groups, internally displaced or stateless often experience a disproportionate degree of discrimination.

5. COMMITTEE ON THE RIGHTS OF THE CHILD

http://www2.ohchr.org/english/bodies/crc/index.htm

A. JURISPRUDENCE

None

B. CONCLUDING OBSERVATIONS

Australia, CRC/C/AUS/CO/4, 28 August 2012 Keywords: equality & non-discrimination legislation

29.While welcoming the People of Australia – Australia’s Multicultural Policy and the State party’s National Anti-Racism Partnership and Strategy, the Committee notes with concern that racial discrimination in general remains a problem. It is particularly concerned at:

...

(e) The absence of federal legislation protecting against discrimination on the basis of sexual orientation or gender identity.

30. In accordance with article 2 of the Convention, the Committee reiterates its previous recommendation that the State party regularly evaluate disparities in the enjoyment by children of their rights and on the basis of that evaluation undertake the necessary steps to prevent and combat discriminatory disparities. In doing so, the Committee recommends that the State party strengthen its awareness-raising and other preventative activities against discrimination, including through integrating such activities within school curricula, and if necessary taking affirmative action for the benefit of children in vulnerable situations, including Aboriginal and Torres Islander children and children from non-Anglo-Australian background. Furthermore, the

Committee calls upon the State party to:

(e) Enact federal legislative protection against discrimination on the basis of sexual orientation or gender identity.

Republic of Korea, CRC/C/KOR/CO/3-4, 2 February 2012 Keywords: equality & non-discrimination legislation

Non-discrimination

28. The Committee regrets that the State party’s draft Anti-discrimination Act was discarded without consideration at the National Assembly in December 2007 and that the legislative definition of discrimination does not contain an express prohibition of discrimination based on sexual orientation and nationality. Furthermore, the Committee is concerned at the multiple forms of discrimination that continue to persist in the State party, including those against children from multicultural or migrant backgrounds or who have come from the Democratic People’s Republic of Korea; refugee children; children with disabilities; and single mothers, particularly those who are adolescent, including with regard to their preclusion from State support measures.

29. The Committee urges the State party to:

(a) Expeditiously enact anti-discrimination legislation with the objective of adopting legislation that is in full compliance with article 2 of the Convention;

(b) Take all necessary measures, including awareness-raising and public education campaigns, to eradicate and prevent discriminatory attitudes towards children in vulnerable or minority situations;

New Zealand, CRC/C/NZL/CO/3-4, 11 April 2011 Keywords: children

25. The Committee recommends that the State party ensure full protection against discrimination on any grounds, including by:

...

(b) Strengthening its awareness-raising and other preventive activities against discrimination and, if necessary, taking affirmative action for the benefit of children in vulnerable situations, such as Maori and Pacific children, refugee children, migrant children, children with disabilities and lesbian, bisexual, gay and transgender children and children living with persons from these groups;

Denmark, CRC/C/DNK/CO/4, 7 April 2011 Keywords: equality & non-discrimination legislation

33. The Committee calls upon the State party to ensure the effective enforcement of protective laws, to undertake studies and launch comprehensive public information campaigns to prevent and combat all forms of discrimination, and to sensitize society to the situation and needs of children within the society and particularly within the family. In this regard, the Committee requests that specific information be included in the next periodic report on the measures and programmes undertaken to follow up on the Durban Declaration and Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account the Committee’s general comment No. 1 (2001) on the aims of education, and in doing so strengthen its efforts to promote values and behaviour free of discrimination on any ground, including gender, ethnic origin, immigration status, disabilities, sexual orientation and any other.

United Kingdom of Great Britain and Northern Ireland, CRC/C/GBR/CO/4, 20 October 2008

Keywords: equality & non-discrimination legislation, children, stigma

24. The Committee welcomes the State party’s plans to consolidate and strengthen equality legislation, with clear opportunities to mainstream children’s right to nondiscrimination into the United Kingdom anti-discrimination law (the forthcoming Equality Bill). The Committee also welcomes the adoption of action plans and the monitoring and information collection work carried out on the issue of discrimination. However, the Committee is concerned that in practice certain groups of children, such as: Roma and Irish Travellers’ children; migrant, asylum-seeking and refugee children; lesbian, bisexual, gay, and transgender children (LBGT) and children belonging to minority groups continue to experience discrimination and social stigmatization. The Committee is also concerned at the general climate of intolerance and negative public attitudes towards children, especially adolescents, which appears to exist in the State party, including in the media, and may be often the underlying cause of further infringements of their rights.

25. The Committee recommends that the State party ensure full protection against discrimination on any grounds, including by:

(a) Taking urgent measures to address the intolerance and inappropriate characterization of children, especially adolescents, within the society, including in the media;

(b) Strengthening its awareness-raising and other preventive activities against discrimination and, if necessary, taking affirmative actions for the benefit of vulnerable groups of children, such as Roma and Irish Travellers’ children; migrant, asylum-seeking and refugee children; lesbian, bisexual, gay and transgender children (LBGT); and of children belonging to minority groups;

(c) Taking all necessary measures to ensure that cases of discrimination against children in all sectors of society are addressed effectively, including with disciplinary, administrative or – if necessary – penal sanctions.

Slovakia, CRC/C/SVK/CO/2, 10 July 2007

27. The Committee welcomes the reform of legislation, the adoption of action plans and the monitoring and information collection work carried out on the issue of discrimination. Nevertheless, the Committee expresses its concern that Act No. 136/2003 Coll. and Act No. 365/2004 Coll. on equal treatment in certain areas and on protection against discrimination, and on amendments to certain acts (“the Anti-Discrimination Law”) do not provide protection from discrimination in the areas of social security, healthcare, education and provision of goods and services on the grounds of ethnicity, disability, religion or belief, and sexual orientation. The Committee also notes that the action plans are the only comprehensive and systematic tools of the State party’s Government in the area of preventing discrimination and intolerance. The Committee remains concerned that in practice certain groups continue to experience discrimination. The Committee is also concerned that, parents do not want their children to have any contact with Roma children from residential homes and that in some cases, citizens have rejected by referendum the existence of a children’s home in the municipality and have caused the home to be relocated.

28. The Committee urges the State party to ensure full protection under the Anti-Discrimination Law against discrimination on the grounds of, ethnicity, disability, religionor belief, or sexual orientation. The Committee also urges the State party to strengthen its awareness-raising and other preventive activities against discrimination and, if necessary, to take affirmative actions for the benefit of certain vulnerable groups of children, especially the Roma. The State party should ensure that its action plans to prevent discrimination and intolerance are comprehensive, addressing all forms of discrimination against individuals or groups. The Committee further urges the State party to take all necessary measures to ensure that cases of discrimination against children in all sectors of society are addressed effectively.

29. The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account the Committee’s general comment No.1 (2001) on the aims of education.

Malaysia, CRC/C/MYS/CO/1, 25 June 2007

Keywords: equality & non-discrimination legislation, children

31. While noting with appreciation the principle of non-discrimination in article 8 of the Federal Constitution, as well as in the preamble of the Child Act 2001 (Act 611) and the special measures taken to advance and protect the status and existence of indigenous peoples, the Committee is concerned that many children belonging to vulnerable groups are likely to experience de facto discrimination in everyday life. These include the Orang Asli, indigenous and minority children living in Sabah and Sarawak and particularly in remote areas, asylum-seeking and refugee children (for example, the unregistered children of Filipino refugees holding IMM13 refugee passes), children born out of wedlock and children of migrant workers. Acknowledging the State party’s challenges in providing quality services in remote areas of the country, the Committee is concerned that many children are still suffering from disparities in the field of access to social and health services and education. Concern is expressed at the insufficient efforts made to address discrimination based on sexual orientation.

32. In the light of article 2 and other related articles of the Convention, the Committee recommends that the State party carefully and regularly evaluate existing disparities in the enjoyment by children of their rights and on the basis of that evaluation undertake the necessary steps to prevent and combat discriminatory disparities against children belonging to vulnerable groups. These include the Orang Asli, indigenous and minority children living in Sabah and Sarawak and particularly in remote areas, asylum-seeking and refugee children (for example, the unregistered children of Filipino refugees holding IMM13 refugee passes), children born out of wedlock and children of migrant workers.

Chile, CRC/C/CHL/CO/3, 23 April 2007

Keywords: criminal laws, equality & non-discrimination legislation

29. The Committee recognises the policy measures undertaken to advance the implementation of the principle of non-discrimination, in particular in the area of health services, however remains concerned that certain vulnerable groups, including indigenous, migrant and refugee

children, children with disabilities, as well as children from disadvantaged socio-economic backgrounds and those living in rural areas, continue to be victims of discrimination, particularly in their reduced access to education. The Committee further notes the prevalence of gender based discrimination and that pregnancy continues to result in the exclusion of girls from educational establishments, despite an explicit prohibition of discrimination on this ground. Furthermore, the Committee is concerned that homosexual relations, including those of persons under 18 years old, continue to be criminalized, indicating discrimination on the basis of sexual orientation.

30. The Committee recommends that the State party increase its efforts to review, monitor and ensure implementation of legislation guaranteeing the principle of nondiscrimination and full compliance with article 2 of the Convention, and adopt a proactive and comprehensive strategy to eliminate discrimination on gender, ethnic, religious or any other grounds and against all vulnerable groups throughout the country.

31. The Committee also requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party, to provide special protection to vulnerable groups and to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, also taking into account General Comment No. 1 on article 29, paragraph 1 of the Convention (aims of education).

C. GENERAL COMMENTS

General Comment No. 13: The rights of the child to freedom from all forms of violence, CRC/GC/2011/13, 18 April 2011

Keywords: violence, children