Displaying 47101 - 47125 of 58160 recommendations found
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:HaitiHaitiRegional groupGRULACPolitical groupOASACSOIFIssue:
- Early marriage
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Harmonize legislation in order to ensure that the minimum age of marriage is increased to 18 years for boys and girls, without exception -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:PortugalPortugalRegional groupWEOGPolitical groupEUOEIIssue:
- Birth registration
Type:RecommendationSession:27th Session May 2017Status:Unclear ResponseContents:Review its relevant legislation and regulations on birth registration to ensure their full conformity with the CRCExplanationRecommendation noted.
‘Noted’ recommendations are those which South Africa is in the process of considering and cannot commit to at this stage. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:New ZealandNew ZealandRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- International human rights instruments
Type:QuestionSession:1st session, April 2008Status:Not Followed up with a RecommendationContents:Noted that South Africa has been unable to submit a number of reports to treaty bodies, and enquired about the major obstacles encountered in this regard, and what steps South Africa has taken or plans to take to overcome them. Asked whether South Africa has established time frames for the submission of its treaty body reports and whether it has given thought to the preparation of a common core document. It welcomed any comments on possible technical assistance that South Africa might require to meet its treaty body reporting obligations.
Note: Reports to CEDAW, CRC, HR Committee, and OP-CRC-SC are overdue -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Sexual exploitation / slavery
- International human rights instruments
Type:Review DocumentationSession:27th Session May 2017Status:NeglectedContents:The Committee on the Rights of the Child expressed concern that criminal law did not address all acts and activities relating to the sale of children as defined in the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OP-CRC-SC), such as engaging a child in forced labour, and recommended that South Africa ensure that all acts and activities referred to in the Optional Protocol were covered in its criminal law. [Para 33] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- Gender equality
Type:Review DocumentationSession:13th session, June 2012Status:N/AContents:... At this level [primary education], almost the same proportion of boys of school-going age as girls of school-going age, is attending school. [Para 33] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- HIV and AIDS
- Sexual and / or reproductive rights and / or health broadly
Type:Review DocumentationSession:27th Session May 2017Status:NeglectedContents:The Committee on the Rights of the Child was concerned at the heightened health risks to which adolescents were exposed to, including the disproportionately high rates of HIV infection due to a lack of access to adolescent-friendly services. It recommended that South Africa enhance the effective implementation of sexual and reproductive health policies and programmes for adolescents. [Para 45] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Gender equality
Type:Review DocumentationSession:13th session, June 2012Status:NeglectedContents:The ILO Committee of Experts asked the Government to consider amending the Employment Equity Act so as to provide expressly for equal remuneration for men and women for work of equal value. [Para 42] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Early marriage
Type:Review DocumentationSession:27th Session May 2017Status:Reference AddressedContents:It urged South Africa to harmonize its legislation to ensure that the minimum age for marriage was established at 18 years for both girls and boys. [Para 59; CRC] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- HIV and AIDS
Type:Review DocumentationSession:13th session, June 2012Status:Reference AddressedContents:... AI recommended that all government departments be involved in developing and implementing plans aimed at reducing physical and cost barriers to access HIV-related health services in rural areas. [Para 70] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
Type:Review DocumentationSession:27th Session May 2017Status:Reference AddressedContents:CSVR indicated that a lack of understanding of the extent of the problem of gender-based violence (GBV) and inaccurate statistics continued to inhibit effective responses. [Para 67] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- Violence against women / gender-based violence
Type:Review DocumentationSession:1st session, April 2008Status:N/AContents:The major challenges we have in terms of human rights is the daily experience of many children at school. Many of our schools have experienced incidents of violence and abuse, especially on gender-based violence targeting girls. These are often related to broader socials issues such as drug abuse, but it is critical that children feel safe in schools, and in too many instances this is not the case. Whilst various steps are being taken to ensure safe schools, the problem is symptomatic of a broader social malaise - the resolution of which requires a societal response. [Para 78] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:IraqIraqRegional groupAsia-Pacific GroupPolitical groupOICALIssue:
- Trafficking in women and / or girls
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Strengthen efforts to combat human trafficking and guarantee protection and rehabilitation to women and children victims of human trafficking.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Adopt a gender equality law, which includes a definition of discrimination against women.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ItalyItalyRegional groupWEOGPolitical groupEUIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Continue to strengthen efforts to prevent and combat all forms of discrimination and violence against women and girls.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ParaguayParaguayRegional groupGRULACPolitical groupOASOEIIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Step up efforts to guarantee the rights provided for in the CEDAW, through the criminalization of all forms of domestic violence and femicide, in line with SDG 5.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Sexual abuse
Type:Review DocumentationSession:1st session, April 2008Status:NeglectedContents:Concerned about the high incidence of domestic violence, ill-treatment and abuse of children, including sexual abuse within the family. [Para 9; CRC] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ZambiaZambiaRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Criminalise all forms of domestic violence and femicide.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Early marriage
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Amend the Customary Marriage Recognition Act to raise the minimum age for marriage to 18, both for girls and boys.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:SlovakiaSlovakiaRegional groupEEGPolitical groupEUIssue:
- International human rights instruments
Type:RecommendationSession:13th session, June 2012Status:No ResponseContents:Consider an early ratification of the OP-CRC-IC.ImplementationNational Report Annex:
NO IMPLEMENTATION
The ratification of OPIC is under consideration as the necessary implementation mechanisms are determined. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:CzechiaCzechiaRegional groupEEGPolitical groupEUIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:RecommendationSession:13th session, June 2012Status:No ResponseContents:Take increased measures to protect and provide redress to women subjected to gender-based violence.ImplementationNational Report Annex:
FULL IMPLEMENTATION
The Victims' Charter provides redress for victims.
The Domestic Violence Act, 1998 (Act 116 of 1998 provides sanctions against domestic violence.
Key law reforms undertaken to address gender and sexual violence:
• Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007;
• Protection from Harassment Act, 2011 (Act 17 of 2011);
• Prevention and Combating of Trafficking in Persons Act, 2013; and
• Prohibition and Prevention of Torture Act, 2013.
The conviction rate relating to sexual offences in 2014/15 stood at 69%; and in the first quarter 71.1% conviction rate.
A number of new policy frameworks were also introduced and implemented, including the Child Justice National Policy Framework, the Restorative Justice National Policy Framework (including forming linkages with traditional justice), the Social Crime Prevention Strategy and the Diversion Accreditation Framework. Government has also adopted a Plan of Action to combat violence against women and children.
The DoJ&CD keeps national statistics of domestic violence matters through the Integrated Case Management System (ICMS). This statistics provides monthly data on all forms of abuse recorded at our courts in terms of the Domestic Violence Act. The ICMS is periodically upgraded to improve data quality.
Since 2013, sexual offences courts were re-established. In the quest to reduce secondary victimization, 55 Thuthuzela Care Centres were established. In 2011 the UN Secretary-General recognised these centres as a “world best practice model” in the field of gender violence management and response. The South African Police Services has established the Family Violence, Child Protection and Sexual Offences Units in order to provide victim friendly services to victims of gender based violence.
The Department of Social Development has trained victim empowerment service providers in all nine provinces. Six Khuseleka One Stop Centres which provide integrated victim empowerment services have been established. The Department established 84 shelters for abused women and 201 white doors (centres of hope) for victims of gender based violence in different provinces.
A 24 hour Gender Based Violence Command Call Centre has been established. The call centre handles 1500 calls a day and these calls are handled by 40 social workers. The centre has won a number of international awards. Our 365 Days Campaign (which grew from the initial 16 Days of Activism for No Violence against Women and Children, held during November/December) has mobilized all sectors of society. This strategy is aimed at mobilizing men and boys to become part of the solution in eradicating violence against women.
FCS investigators receive specialised training in dealing with sexual offences investigations and cases involving children addition to training as investigators. SAPS has developed the Human Rights in Policing Learning Programmes and has been conducting training on same from 1998 to all law enforcement officials.
The SAPS has developed National Instructions on the Domestic Violence Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act in order to provide clear policy directives for the police in support of members to improve service delivery to victims. The NPA (facilitated by SOCA), in line with Act 32 of 2007 also developed directives for prosecutors on how best to deal with sexual offences in the criminal justice system.
Capacity building and training of the SAPS members is an on-going process commencing in basic training. The SAPS engages in public awareness and education campaigns with the purpose of creating a greater awareness of the relevant legislation and government‘s commitment to eradicating violence.
Resourcing and establishing victim-friendly rooms at police service points are on-going. There are currently more than 900 Victim Friendly Facilities rendering victim support services in place and it is envisaged that this will be rolled out to all police stations.
South Africa has dedicated sexual offences courts. These dedicated services use intermediaries, audio-visual equipment and specialised training, among other measures. The NPA’s Sexual Offences and Community Affairs (SOCA) Unit developed comprehensive training manuals which are updated annually to be in line with the latest developments in law for specialist prosecutors and also an integrated training manual for stakeholders at our TCCs.
Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) provides for the comprehensive process regarding the National Register for Sex Offenders (NRSO). Section 50 (1) (i) of the Act provides for the persons whose names must be included in the NRSO, which will be any person that has been convicted of a sexual offence against a child or a person who is mentally disabled. The aim is to prevent registered sex offenders from working or operating at environments that will expose them to these victims and from becoming foster parents, kinship caregivers, temporary safe caregiver, adoptive parents or curators, unless they receive a clearance certificate from the NRSO.
The Police have training programmes on ensuring the respect of the human rights when conducting investigations, including the issue of sensitivity regarding cases relating to women as victims. The SAPS has a policy which was developed and put into implementation by its National Commissioner to ensure that members render a professional service to victims in respect of the investigation of offences that affect women and to assist victims in this regard. It also provides for information that must be provided to a victim in respect of available services; including HIV testing.
A National Department of Women, located in the Presidency, was established with the necessary dedicated human and financial resources to fulfil its core mandate to ensure effective implementation of initiatives related to the advancement of women and gender equality.
To give effect to the Department’s focus on accelerating women’s socio-economic development and advancement of gender equality through the implementation of gender mainstreaming across government, a refinement of accountability for gender mainstreaming and Gender Focal Points in terms of location, competencies, reporting lines and strategic role in the promotion of gender mainstreaming across the work of government is being tabled at Cabinet. This proposal seeks to reinforce the Constitutional mandate to promote and protect women’s rights, as well as the approach of the National Development Plan on advancing and empowering women. The National Planning Commission Diagnostic Report indicated that many women continue to experience discrimination, poverty, domestic violence, rape, various other forms of abuse and poor health in the country. The approach of gender mainstreaming is seen as significant in addressing the full and effective implementation of legislation, policies and programmes towards redressing these challenges faced by women. Tools that will effectively drive this approach are thus imperative in efforts towards improving the lives of women and their families, and in ensuring that women are empowered, advanced and developed for their own self-reliance. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- Maternal health / morbidity / mortality
- HIV and AIDS
Type:Review DocumentationSession:27th Session May 2017Status:N/AContents:South Africa has a quadruple burden of disease which includes communicable diseases such as HIV and AIDS and TB, high maternal mortality ratio and child mortality rate, increase in non-communicable diseases and high rates of violence, injuries and trauma. Strengthening the effectiveness of the health system is the foundation on which successful interventions to improve health outcomes are being built. [Para 41] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:New ZealandNew ZealandRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Training for state personnel on sexual rights issues
- Sexual violence
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Ensure police and justice officials have appropriate training and direction to improve the investigation and prosecution of sexual violence including that based on sexual orientation or gender identity.ExplanationA Policy Framework on Combating Hate Crime, Hate Speech and Unfair Discrimination is at an advanced stage of finalisation. This is currently serving in the Top Structures of government where after it will be taken on an intensive national consultative process. Consequently these processes will inform national legislation which is expected to be promulgated within the 2013-2014 Parliamentary calendar. The development of this policy integrates international norms and standards. At the International level, South Africa has successfully piloted a resolution on Human Rights, Sexual Orientation and Gender Identity at the 17th Session of the HRC calling for non-discrimination in this regard. In a seminal case law a South African judge has recently sentenced four 18 year olds to an effective jail term of 18 years for the rape of a lesbian woman.ImplementationNational Report Annex:
FULL IMPLEMENTATION
In order to improve handling of rape cases by Police the SAPS makes use of specialized investigative units called Family Violence, Child Protection and Sexual Offences Units (FCS). FCS investigators receive specialised training in dealing with sexual offences investigations and cases involving children addition to training as investigators. SAPS has developed the Human Rights in Policing Learning Programmes and has been conducting training on same from 1998 to all law enforcement officials.
The SAPS has developed National Instructions on the Domestic Violence Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act in order to provide clear policy directives for the police in support of members to improve service delivery to victims. The NPA (facilitated by SOCA), in line with Act 32 of 2007 also developed directives for prosecutors on how best to deal with sexual offences in the criminal justice system.
Capacity building and training of the SAPS members is an on-going process commencing in basic training. The SAPS engages in public awareness and education campaigns with the purpose of creating a greater awareness of the relevant legislation and government‘s commitment to eradicating violence.
A number of new policy frameworks were also introduced and implemented, including the Child Justice National Policy Framework, the Restorative Justice National Policy Framework (including forming linkages with traditional justice), the Social Crime Prevention Strategy and the Diversion Accreditation Framework. Government has also adopted a Plan of Action to combat violence against women and children.
Nationally, there are 176 established FCS units attached to all police clusters within SAPS. This has resulted in lengthy convictions, achieved through the dedicated work of detectives and prosecutors.
Resourcing and establishing victim-friendly rooms at police service points are on-going. There are currently more than 900 Victim Friendly Facilities rendering victim support services in place and it is envisaged that this will be rolled out to all police stations.
South Africa has dedicated sexual offences courts. These dedicated services use intermediaries, audio-visual equipment and specialised training, among other measures. The NPA’s Sexual Offences and Community Affairs (SOCA) Unit developed comprehensive training manuals which are updated annually to be in line with the latest developments in law for specialist prosecutors and also an integrated training manual for stakeholders at our TCCs.
Stakeholder Summary:
Para 69) JS6 indicated that despite efforts made, studies continued to note persistent problems with the police management of cases of sexual offences including refusal to accept rape complaints. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:SingaporeSingaporeRegional groupAsia-Pacific GroupPolitical groupASEANCommonwealthIssue:
- HIV and AIDS
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Maintain and further build upon its HIV/AIDS prevention, care and treatment programmes.ExplanationThe government entered into a partnership on 9 August 2011, known as MDGs Acceleration Framework (MAF) to specifically focus on those MDGs presenting challenges of attainment by 2015. These include MDGs 4, 5 and 6. This partnership has already begun to show signs of positive trajectory. South Africa has submitted progress reports to the United Nations in 2005 and 2010 outlining the country's consolidated achievements towards attaining the MDGs. A National Programme involving all multi-stakeholders was initiated on 21 June 2012 in national preparation for the 3rd and last MDGs report to the UN prior to 2015.ImplementationNational Report:
Para 47) To deal with the challenges of HIV and the wide-ranging impacts of AIDS, the Government has adopted a multi-sectoral approach. During 2011, the South African National AIDS Council, in which Government, business, labour and civil society are represented, reviewed the implementation of these strategic plans and developed a comprehensive prevention, care and treatment programme for the next five-year plan (for the period 2012–2016).
Para 48) South Africa has the largest ARV therapy programme in the world, today. At the end of March 2016, there were 3 407 336 clients remaining on antiretroviral therapy (ART). Prevention is the mainstay of efforts to combat HIV and AIDS. Since the HIV Counselling and Testing (HCT) campaign was introduced in 2010, over 44 million people have been tested. A total of 11,898,308 people between the ages of 15 and 49 years were tested, exceeding the annual target of 10 million for the financial year 2015/16.
National Report Annex:
PARTIAL IMPLEMENTATION
By 2010, South Africa had made significant progress in achieving universal access to treatment for HIV/AIDS by those who need it. The proportion of eligible adults and children receiving antiretroviral therapy (ART) leapt from 58.3% in 2010, to 75.2% in 2011 and ART coverage for HIV positive pregnant women also leapt from 87.3% to 99%. In 2013, 2.3 million South Africans were on antiretroviral treatment making it the largest programme in the world. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Empowerment of women
- Women's participation
Type:Review DocumentationSession:41st session, November 2022Status:Reference AddressedContents:[CEDAW] ... recommended adopting a national programme on women’s economic empowerment, and temporary special measures to increase the participation of women in political and public life, education, and employment. [Para 57]
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:27th Session May 2017Status:N/AContents:In the case of Head of Department, Department of Education, Free State Province v Welkom High School; Head of Department, Department of Education, Free State Province v Harmony High School , the Court considered the rights of pregnant learners and policies which state that pregnant learners must be absent from school for a certain period of time. The Court held that these policies violate pregnant learners’ constitutional rights and therefore ordered that the policies be reviewed. [Para 79]