Displaying 47151 - 47175 of 58160 recommendations found
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Sex work / "prostitution"
- Violence against women / gender-based violence
Type:Review DocumentationSession:27th Session May 2017Status:NeglectedContents:The Special Rapporteur noted that the criminalization of prostitution had driven women in prostitution underground, created obstacles to access to services and made them very vulnerable to violence, human rights violations and corruption. The Special Rapporteur recommended that South Africa review relevant legislation and regulations to decriminalize women in prostitution and take a comprehensive approach to addressing the issue. [Para 56] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Abortion
- Empowerment of women
- Sexual and / or reproductive rights and / or health broadly
Type:Review DocumentationSession:27th Session May 2017Status:NeglectedContents:JS5 stated that the Government should increase sensitization on the dangers of unsafe abortions, tackle the stigma associated with abortion and empower women and girls by informing them of their right to seek and receive reproductive healthcare services, including abortion, through public advocacy and education programmes. [Para 60] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Women's participation
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Provide the Ministry and Department of Women, Children and People with Disabilities with the necessary powers to continue promoting the participation and contribution of these vulnerable groups to the development of the country.ExplanationThe mandate of the Department for Women, Children and People with Disabilities is that of advocacy for the mainstreaming of the rights of the vulnerable groups in South Africa. The actual government roll-out programmes are located in all other national, provincial and local departments in accordance with their mandates.ImplementationNational Report Annex:
PARTIAL IMPLEMENTATION
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.
Stakeholder Summary:
Para 5) Regarding recommendations from 2012 to capacitate the Department of Women, Children and Persons with Disabilities (DWCPD), following the 2014 general elections the DWCPD had been disbanded. As a result, the women’s portfolio shifted to a new ministry within the Presidency and both the children’s and disability portfolios to the Department of Social Development. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:BrazilBrazilRegional groupGRULACPolitical groupOASOEIIssue:
- Domestic violence
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Considers the adoption of a specific law for domestic violence, containing both criminal and civil provisions.ExplanationSouth Africa has national legislation in the form of the Domestic Violence Act, 1998, which contains both criminal and civil provisions.ImplementationNational Report Annex:
FULL IMPLEMENTATION
The Domestic Violence Act, 1998 (Act 116 of 1998) provides sanctions against domestic violence.
UN Compilation:
Para 53) The Special Rapporteur on violence against women noted that the Domestic Violence Act had broadened the definition of domestic violence and provided for victims and others to request protection orders. However, it did not typify domestic violence as a criminal offence. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Violence against women / gender-based violence
- Violence on the basis of sexual orientation
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Enhance the prevention, investigation and prosecution of crimes of violence against individuals based on their gender or sexual orientation.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:
PARTIAL 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.
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 draft NAP and the accompanying consultations around the country have also raised awareness.
Attempts have also been made to increase awareness of the Equality Courts, which hear cases of discrimination.
The National Task Team is driven and guided by the Constitution which promises equality and dignity on the basis of sexual orientation.
An inter-sectoral communication plan outlining a number of public education and communication initiatives has also been developed. This seeks to popularise inter-sectorial interventions aimed at addressing the violence committed against LGBTI persons, to promote partnerships amongst government, civil society, business and the media in the fight against gender based violence and to encourage communities to report these crimes. A television advert was made to convey a national message to South Africans to promote equality, dignity and freedom protected under the Constitution. The television advert was first flighted during the launch of the LGBTI Programme in April 2014. With SABC, 13 million people were reached through the LGBTI TV advert, a further 10 million people through eTV and community radio reached a further 6.1 million people.
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. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:JapanJapanRegional groupAsia-Pacific GroupIssue:
- HIV and AIDS
Type:RecommendationSession:13th session, June 2012Status:AcceptedContents:Make further efforts to address HIV/AIDS including by providing equal-opportunity treatment and assistance and continue measures to eliminate HIV/AIDS-related discrimination.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'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:PortugalPortugalRegional groupWEOGPolitical groupEUOEIIssue:
- International human rights instruments
Type:RecommendationSession:41st session, November 2022Status:Unclear ResponseContents:Ratify the OP-ICESCR.
ExplanationNoted. -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- HIV and AIDS
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Continue investing in the health sector especially to HIV/AIDS programmes particularly on treatment and awareness-raising campaigns.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:SyriaSyriaRegional groupAsia-Pacific GroupPolitical groupOICALIssue:
- Harmful practices based on cultural / traditional values
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Intensify efforts to eliminate harmful traditional practices that target women, including through awareness-raising and education programs.
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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:GambiaGambiaRegional groupAfrica GroupPolitical groupAUOICCommonwealthIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Redouble efforts to put in place mechanisms to protect women from gender-based violence and femicide.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupIssue:
- Violence against women / gender-based violence
- Training for state personnel on sexual rights issues
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Reinforce efforts to implement the National Strategic Plan addressing gender-based violence and femicide and provide appropriate training to law enforcement agencies.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:BrazilBrazilRegional groupGRULACPolitical groupOASOEIIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Adopt all necessary measures to effectively implement the 2020-2030 National Strategic Plan on Gender Based Violence and Femicide including by ensuring adequate resources.
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ArgentinaArgentinaRegional groupGRULACPolitical groupOASOEIIssue:
- Intersex persons' rights
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:41st session, November 2022Status:AcceptedContents:Implement effective measures to combat discrimination against LGBTIQ persons and guarantee their access to justice.
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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:UN CompilationIssue:
- International human rights instruments
Type:Review DocumentationSession:13th session, June 2012Status:Reference AddressedContents:UNICEF noted that South Africa had not ratified ICESCR, although having signed it in 1994. The Special Rapporteur on the right to food recommended that the Government ratify that Convention. [Para 2] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Sexual harassment
- Sexual violence
Type:Review DocumentationSession:13th session, June 2012Status:NeglectedContents:CEDAW called on South Africa to closely monitor the implementation of the Safe Schools Programme; and widely disseminate the Guidelines for the Prevention and Management of Sexual Violence and Harassment in Public Schools. [Para 52] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- HIV and AIDS
Type:Review DocumentationSession:13th session, June 2012Status:NeglectedContents:... Review national standards on deportation of people living with HIV ... [Para 81] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Sex work / "prostitution"
Type:Review DocumentationSession:41st session, November 2022Status:Not Followed up with a RecommendationContents:CESCR expressed concern that sex workers did not enjoy the rights to work, health, and trade unions, and were exposed to harassment, arbitrary arrest, detention and coercion by the police owing to the criminalization of the sale of sex. The Committee recommended that South Africa consider decriminalizing the sale of sex, ..., provide victim support, and provide alternative livelihood opportunities. [Para 29]
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:41st session, November 2022Status:Not Followed up with a RecommendationContents:JS8 and JS9 recommended collecting disaggregated data on all forms of violence against women. JS9 recommended to ensure Plan funding, implement the Criminal and Related Matters Amendment Act, Domestic Violence Amendment Act and the Criminal Law Amendment Act Amendment Act and orient justice system officers and raise community awareness on the new laws. JS8 recommended allocating a budget to implement the Domestic Violence Act. [Para 53]
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State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Intersex persons' rights
- Training for state personnel on sexual rights issues
Type:Review DocumentationSession:41st session, November 2022Status:Reference AddressedContents:JS7 recommended that the Government ban genital surgery on intersex children, ensure sanctions for healthcare providers conducting such interventions without patient consent, and mandate training on informed consent, bodily integrity, and bodily diversity. [Para 72]
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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:Challenges that the Government is grappling with include:
Infant and maternal mortality: South Africa has made significant progress regarding the improvement of maternal health and the reduction of maternal mortality in the last two decades. In 2010, it was estimated that nearly 3,000 women in South Africa died during child-birth, but the latest estimates show that maternal deaths have halved. The PMTCT programme, which aims to ensure that HIV-infected women remain healthy and give birth to healthy children, has been expanded rapidly; and many more women have benefited from this programme.
[Para 90] -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:LibyaLibyaRegional groupAfrica GroupPolitical groupAUOICALIssue:
- Sexually transmitted infections
- HIV and AIDS
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Continue its efforts in the fight against HIV by adopting a comprehensive national policy to deal with the epidemic and diseases that are sexually transmitted and tuberculosis -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ArgentinaArgentinaRegional groupGRULACPolitical groupOASOEIIssue:
- Gender equality
Type:RecommendationSession:27th Session May 2017Status:AcceptedContents:Take urgent measures to repeal laws that discriminate against women in matters such as marriage and family relations -
State Under Review:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:MaldivesMaldivesRegional groupAsia-Pacific GroupPolitical groupOICCommonwealthIssue:
- Gender equality
- Empowerment of women
Type:RecommendationSession:27th Session May 2017Status:Unclear ResponseContents:Expedite the enactment of the proposed Women Empowerment and Gender Equality BillExplanationRecommendation noted.
‘Noted’ recommendations are those which South Africa is in the process of considering and cannot commit to at this stage.