Displaying 47001 - 47025 of 58126 recommendations found
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- International human rights instruments
- Gender equality
Type:RecommendationSession:11th session, May 2011Status:AcceptedContents:Ratify CEDAW and its OP.ImplementationNational Report:
Para 39. The FGS is preparing to sign and ratify a number of international treaties such as: CEDAW ...
Para 86) The MWHR has been active and vocal to ensure affirmative action measures for women and girls (among other vulnerable groups). Many of these measures are adopted or are in the process of adoption by the government. The taken affirmative action measures include the following:
- Technical committee to prepare CEDAW ratification set up.
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:UN CompilationIssue:
- HIV and AIDS
Type:Review DocumentationSession:24th session, January 2016Status:NeglectedContents:UN-Somalia also noted that HIV infection was becoming a public health threat and a cause of maternal death, mainly as a result of insufficient care during pregnancy and delivery. [Para 67] -
State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:UN CompilationIssue:
- Sexual abuse
- Sexual violence
Type:Review DocumentationSession:38th Session, May 2021Status:Reference AddressedContents:The Secretary-General ... called for the enforcement of the zero-tolerance policy on sexual violence by the national security forces. The Secretary-General reiterated his calls for the Government to adopt and enact the sexual offences bill, ensuring that any amendments thereto were in line with international standards. [Para 14]
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State Under Review:SomaliaSomaliaRegional groupAfrica GroupPolitical groupAUOICALSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:Review DocumentationSession:38th Session, May 2021Status:Reference AddressedContents:JS9 called on the government to urgently address sexual and gender-based violence by undertaking rights-based, survivor-centred actions that align with international norms and standards, including, by urgently adopting a comprehensive national action plan; ensuring access to independent and competent legal aid system; allocating resources to judicial, health and social services; investigating and prosecuting all cases of SGBV; and providing appropriate reparations, restitution and rehabilitation. [Para 59]
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
Type:Review DocumentationSession:41st session, November 2022Status:Reference AddressedContents:CEDAW … recommended ... that all cases of gender-based violence were investigated, that perpetrators were prosecuted and punished, and that victims had access to reparations. [Para 18]
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- International human rights instruments
Type:Review DocumentationSession:41st session, November 2022Status:Not Followed up with a RecommendationContents:AI and JS14 recommended that South Africa withdraw the declaration [in relation to the ICESCR]. [Para 10]
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- International human rights instruments
Type:Review DocumentationSession:41st session, November 2022Status:Reference AddressedContents:UPR-BCU recommended that South Africa ratify the OP-CRC-IC and the OP-ICESCR. [Para 12]
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- HIV and AIDS
Type:Review DocumentationSession:13th session, June 2012Status:Reference AddressedContents:... It called on South Africa to ensure the implementation of the Maternal Child and Women's Health Strategy (2009-2014); and to take sustained measures to address the impact of HIV/AIDS on women and girls. [Para 48; CEDAW] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- International human rights instruments
Type:Review DocumentationSession:13th session, June 2012Status:Reference AddressedContents:... UC recommended that South Africa designate and establish an independent monitoring mechanism as stated in article 33 (2) of CRPD ... [Para 75] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- HIV and AIDS
Type:Review DocumentationSession:1st session, April 2008Status:N/AContents:The Department of Public Service and Administration in terms of its Employee Health and Wellness programmes, focus as follows on the improvement of issues pertaining to human rights:
ii. DPSA is coordinating the Government's response to the National Strategic Plan 2007-2011 on HIV&AIDS. In this regard, 250 government officials have been trained on Mainstreaming of HIV&AIDS as according to the UNDP curriculum on HIV&AIDS Mainstreaming. All Government departments will be updating their HIV&AIDS plans to be mainstreamed, costed, and monitored and evaluated.
iii. DPSA has introduced a progressive medical AIDS Scheme that is 100% subsidized for the lowest 5 levels of employees in the Public Service. This is a voluntary extension of the social security for the poorest and most vulnerable workers employed by Government.
v. The DPSA is improving the capacity of government departments to Cost, Mainstream, Monitor and Evaluate HIV&AIDS policies and programmes. [Para 31] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Sexuality education
- Contraception
- HIV and AIDS
Type:Review DocumentationSession:1st session, April 2008Status:NeglectedContents:Reproductive and sexual health education and information targeting adolescent girls and boys are generally confined to HIV/AIDS education. Although crucial it is necessary to broaden this approach to include practical and appropriate information on the prevention of pregnancy through various contraceptive and barrier methods, early pregnancy. [Para 31] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:AngolaAngolaRegional groupAfrica GroupPolitical groupAUIssue:
- Gender equality
Type:CommentSession:1st session, April 2008Status:Not Followed up with a RecommendationContents:It welcomed the policies undertaken by South Africa to promote gender equality, and encouraged the Government to continue on this path. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:SwitzerlandSwitzerlandRegional groupWEOGPolitical groupOIFIssue:
- Sexual violence
Type:CommentSession:1st session, April 2008Status:Not Followed up with a RecommendationContents:Encouraged South Africa to do everything in its power to make sure that sex offences in the Criminal Code be effective at the earliest opportunity. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:CubaCubaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Right to marry
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Continue national efforts to put together a new Marriage Act to guarantee the rights of all persons without any discrimination.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:VietnamVietnamRegional groupAsia-Pacific GroupPolitical groupASEANOIFIssue:
- Women's and / or girls' rights
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Continue its favourable policies aiming at the full enjoyment of the cultural, economic and social rights, especially for vulnerable groups, including women ...ExplanationSince the advent of Constitutional Democracy in South Africa in 1994, the government's primary preoccupation has been about ensuring that basic services are taken to all those who have been previously disadvantaged. These included the provision and/or practical enjoyment of all the ESC Rights including safe drinking water and sanitation. These Rights are enjoyed progressively and to the maximum availability of resources. The UNDP Human Development Report noted that South Africa was allocating the highest budgetary resources to this Right. Access to improved water sources and adequate sanitation are key elements in improved quality of life there has been a progressive increase (4%) in the percentage of households with access to water supply from a safe source between 2002 (88,7%) and 2009 (92,4%). It is estimated that 93% of the population has access to an improved water supply in the year 2010 in line with the indicators and targets in the MDGs.ImplementationNational Report Annex:
PARTIAL IMPLEMENTATION
The Department of Housing has taken significant steps in addressing the inequalities that existed in the past as a result of race and gender discrimination. Various regulatory measures have been put in place to encourage financial institutions to extend credit to historically disadvantaged groups. One of these measures was the Home Loan and Mortgage Disclosure Act, 2000 which sought to encourage financial institutions to provide credit to help historically disadvantaged persons to acquire housing. This complements the program on low-cost housing program (Redistribution and Development Program (RDP- housing Scheme) which was introduced in 1994, it affords those without homes access to free houses given to unemployed and indigent persons. Priority is given to women headed households.
South Africa adopted the following strategies and programmes to ensure the enjoyment of cultural, economic and social rights of its citizens, especially vulnerable groups, including women, children, the elderly, the minorities and persons with disabilities:
i)MZANSI GOLDEN ECONOMY STRATEGY
The Department of arts and culture (DAC) is currently implementing the Mzansi Golden Economy (MGE) strategy which was launched in 2011. The objective of the strategy amongst others is to increase the proportion of arts, culture and heritage practitioner in the workforce of South Africa and to create jobs. As part of the implementation of the strategy, the DAC also ensures that women, youth and people with disabilities play a bigger role towards the DAC achieving its objective
ii)ARTS ACCESS IN CORRECTIONAL SERVICES
The DAC is working with the Department of Correctional Services (DCS), to mainstream the Arts Access Programme in Correctional Services into the work of their respective departments in order to coordinate and manage their impact on the Arts Access Programme in Correctional Services. The programme aims to promote Arts, Culture and Heritage participation in Correctional Facilities (marginal group), to empower the offenders in the arts which have the potential for self-sustainability post-incarceration and rehabilitation while under correctional supervision and to focus in particular on youth, women and people with disabilities
iii)ARTS ACCESS IN SCHOOLS
In conjunction with the Department of Basic Education (DBE), the DAC works to contribute to the Arts, Culture and Heritage content to be included in the DBE curriculum (e.g. Curriculum Assessment Policy Statement (CAPS) and assist in providing relevant resource materials for educators to be able to implement the curriculum effectively thus supporting the school enrichment and mass participation cultural programmes.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:EcuadorEcuadorRegional groupGRULACPolitical groupOASOEIIssue:
- Empowerment of women
- Women's participation
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Promote women's empowerment and implement additional measures to increase their representation in the public and political spheres.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:NicaraguaNicaraguaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Violence against women / gender-based violence
- Training for state personnel on sexual rights issues
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Increase efforts for the protection of women victims of gender violence, ensuring that perpetrators face the required trials and training the authorities involved on the subject of the protection and prevention of violence against women.ExplanationThe Prevention and Combating of Trafficking in Persons Bill is before the second house of Parliament for consideration and adoption. Trafficking in human beings has been acknowledged as a universal challenge requiring international cooperation for its effective combating. South Africa is extremely supportive of the Vienna based programs in the framework of the Commission on Crime Prevention and Criminal Justice which, among others, seek to develop global regulatory framework for the combating of Human Trafficking. Access to justice is entrenched in the Constitution of South Africa, national legislation, policies and programmes. Several measures have been put in place to particularly ensure women's access to justice e.g. National Access to Justice Week held during women's month (August) every year, 16 Days of Activism of No Violence against Women and Children, Multi-disciplinary care-centres for victims of sexual offences and crime (Thuthuzela care centres). The primary purposes of these programmes are to ensure maximum protection of victims, provision of adequate remedies to victims including combating impunity with the view to ensuring non- recurrence.ImplementationNational Report Annex:
FULL IMPLEMENTATION
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.
Although this is the core mandate of the Department of Women, all other national and provincial departments have a mandate to implement policies, legislative measures and campaigns to advance gender equality. These include:
• Campaigns during 16 Days of Activism for No Violence against Women and Children, held during November/December annually, contribute to the fight against violence against women.
• Campaign at higher institutions of learning to curb sexual violence,
• Gender inequality of women and girls with disabilities are recognized at legislative level as corroborated by the provisions of section 9(2) (e) of the National Sport and Recreation Act, 1998 (Act No. 110 of 1998 as amended) (hereinafter referred to as “the Act”) which provide that Sport and Recreation South Africa must ensure that women, the youth attending school and those who are no longer attending school, the disabled, senior citizens and neglected rural areas, receive priority regarding programmes for development and the delivery of sport and recreation.
• In recent years, sport has been recognized as a powerful tool through which gender inequality, at the root of Gender Based Violence (GBV), can be effectively addressed. To explore this role of sport and to initiate actions in this regard, Sport and Recreation South Africa, as Chair of the United Nation’s Sport for Development and Peace International Working Group (SDP IWG), prepared a framework for further discussion. This draft framework was approved by the Executive Board in New York on 7 June 2013. After expert presentations and group discussions, the thematic meeting agreed on a set of eight policy recommendations to governments for addressing GBV in and through sport.
Together these comprehensively form part of the 365 days programme of action.
Over the past year, this campaign reached the different sectors of South African society through consultations and engagements with FBOs, Media houses, Trade Unions, Sports fraternity, Private sector and Civil Society Organisations including the Men’s Sector. The aim of the engagements was to work towards a mind-set shift in society from violence against women and children as a government or criminal justice problem towards realising that it is very much a societal problem. In order to make #365 Days of Activism Campaign real, on the 25th of November 2016, the President launched the National Dialogues at Lebowakgomo in Limpopo province. The dialogues will be rolled-out into all Provinces and held in all District Municipalities. Towards this end, Government is seeking to use the community dialogue approach to engage with communities who experience violence both as victims or members of the family of victims. The dialogues are aimed at unravelling the root causes why violence against women is not abating despite an unprecedented body of laws in the country and some of the world’s best-model institutional mechanisms in place.
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.
Stakeholder Summary:
Para 69) ERI noted that police reportedly often refused to open cases of domestic abuse. 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:GeorgiaGeorgiaRegional groupEEGIssue:
- Women's participation
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Conduct steps towards increasing women's representation in decision making level and providing capacity building for women candidates.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Develop monitoring capacity and legislation to enhance the prevention, investigation and prosecution of crimes of violence against individuals on the grounds of their 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:
IN THE PROCESS OF IMPLEMENTATION
A National Task Team (“NTT”) was established by the Department of Justice and Constitutional Development (DoJ&CD) to counter the continued discrimination based on sexual orientation and gender identity against members of the LGBTI community. The DoJ&CD launched the National LGBTI Programme and issued terms of reference for a National Intervention Strategy to address violence based on gender and sexual orientation. The DoJ&CD also issued terms of reference for the rapid response team to fast track cases in the criminal justice system in a bid to endorse the government’s commitment to combat discrimination against LGBTI persons.
When the NTT was re-established in May 2013, the DoJ&CD together with representatives from National Human Rights Institutions and civil society organisations set out to achieve a number of tasks. These included, amongst others, to develop a National Intervention Strategy to respond to, and prevent, gender and sexual orientation-based violent crimes perpetrated against LGBTI persons and to develop an Inter-sectoral Implementation Plan. The NTT undertook to strengthen government’s ability to respond to LGBTI needs and to strengthen the capacity of CSOs to deliver related services.
The DoJ&CD has developed the Prevention and Combating of Hate Crimes and Hate Speech Bill. Cabinet in October 2016 approved the publication for public comment of the Bill. The Bill creates the offences of hate crimes and hate speech and seeks to put in place measures to prevent and combat these offences. A hate crime is committed if a person commits any recognised offence, that is a common law or statutory offence (referred to as the “base crime or offence”) and the commission of that offence is motivated by unlawful bias, prejudice or intolerance.
The prejudice, bias or intolerance towards the victim of the hate crime would be because of one or more of the following characteristics, or perceived characteristics, of the victim or the victim’s next of kin: Race, gender, sex, ethnic or social origin, colour, sexual orientation, religion, belief, culture, language, birth, HIV status, nationality, gender identity, intersex, albinism and occupation or trade.
Nationality, gender identity, HIV status, albinism, intersex and occupation or trade are not mentioned in section 9(3) of our Constitution - but it has been argued that they should be included in the Bill because of the hate crimes that have been committed on the basis of these grounds. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Develop policies, plans and information campaigns to eradicate at all levels stereotypes and discrimination against people based on their sexual orientation or gender identity, focusing particularly on public officials and those in charge of law enforcement -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:PanamaPanamaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Redouble efforts to create a National Council against Gender-based Violence and Femicide.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:IrelandIrelandRegional groupWEOGPolitical groupEUIssue:
- HIV and AIDS
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Develop and implement plans to reduce physical and cost barriers to accessing HIV-related health services in rural areas.ExplanationThe South African healthcare services are provided on a non-discriminatory basis in accordance with guarantees provided for in the Constitution and elaborated in relevant national legislation. The 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%u2019s 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.
Also note that The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 lists the following grounds where discrimination is prohibited: race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. HIV/AIDS has been added as a prohibited ground against which there may not be discriminated.
Evidence suggests that persons living with HIV/AIDS face discrimination and stigmatization and current legal recourse is often not sufficient. This amendment will go a long way to protect persons living with HIV/AIDS. The inclusion of HIV/AIDS status will result in greater access to equality courts, as a claimant would only have to prove that there was discrimination on the basis of HIV/AIDS status. The person accused of discriminating would then have to prove that the discrimination was fair. The proposed amendment will thus assist in developing a human rights approach in accordance with international precedents. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:IcelandIcelandRegional groupWEOGIssue:
- Abortion
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Prevent unwanted pregnancies as provided under the Choice on Termination of Pregnancy Act -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:VenezuelaVenezuelaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Continue to advance efforts in the framework of its National Plan to combat gender-based violence and femicide.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:EstoniaEstoniaRegional groupEEGPolitical groupEUIssue:
- Violence against women / gender-based violence
- Sexual violence
- Women's and / or girls' rights
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Take all necessary measures to safeguard the full enjoyment of human rights by women and girls, including by combating sexual and gender- based violence