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Between Legal Equality and De Facto Discrimination. Recommendations project documents Between legal equality and de facto discrimination Recommendations of the Committee on the Elimination of Discrimination against Women (CEDAW) for the States of Latin America and the Caribbean Line Bareiro Thank you for your interest in this ECLAC publication ECLAC Publications Please register if you would like to receive information on our editorial products and activities. When you register, you may specify your particular areas of interest and you will gain access to our products in other formats. www.cepal.org/en/suscripciones Project Documents Between legal equality and de facto discrimination Recommendations of the Committee on the Elimination of Discrimination against Women (CEDAW) for the States of Latin America and the Caribbean Line Bareiro Economic Commission for Latin America and the Caribbean (ECLAC) This document has been prepared by Line Bareiro, consultant with the Division for Gender Affairs of the Economic Commission for Latin America and the Caribbean (ECLAC), in the framework of the component of the ECLAC-AECID cooperation programme 2015-2017 relating to support for the preparatory process and follow-up of the thirteenth session of the Regional Conference on Women in Latin America and the Caribbean. Gratitude is expressed to Nicole Bidegain Ponte, and Pamela Villalobos, Social Affairs Officers of the Division for Gender Affairs of ECLAC, for comments on the document. The views expressed in this document, which is a translation of an original that did not undergo formal editorial review, are those of the author and do not necessarily reflect the views of the Organization. United Nations publication LC/TS.2017/134 Distribution: L Original: Spanish Copyright © United Nations, 2018 All rights reserved Printed at United Nations, Santiago S.18-00187 Applications for authorization to reproduce this work in whole or in part should be sent to the Economic Commission for Latin America and the Caribbean (ECLAC), Publications and Web Services Division, [email protected]. Member States and their governmental institutions may reproduce this work without prior authorization, but are requested to mention the source and to inform ECLAC of such reproduction. ECLAC Between legal equality and de facto discrimination... Contents Abstract ............................................................................................................................................ 5 Introduction ...................................................................................................................................... 7 I. CEDAW: observations and recommendations by the Committee ........................................... 9 A. Core concepts ................................................................................................................ 11 B. How women’s autonomy and empowerment are linked with articles 1 to 16 of CEDAW ............................................................................................. 12 1. Aspects of CEDAW affecting the multiple dimensions of women’s autonomy ....... 15 2. Rights associated with physical autonomy ............................................................. 16 3. Rights associated with economic autonomy .......................................................... 18 4. Rights associated with decision-making autonomy ................................................ 19 C. Opportunity in adversity ................................................................................................. 20 II. Women’s rights in Latin America and the Caribbean according to the latest concluding observations and recommendations of the CEDAW Committee ........................................... 23 A. Women’s rights in Mexico, Central America and the Spanish-speaking Caribbean according to the latest CEDAW Committee concluding observations and recommendations .................................................................................................... 24 1. Rights, observations and recommendations affecting the multiple dimensions of women’s autonomy ............................................................................................. 24 2. Rights associated with physical autonomy ............................................................. 28 3. Rights associated with economic autonomy .......................................................... 29 4. Rights associated with decision-making autonomy ................................................ 30 B. Women’s rights in the English-, French- and Dutch-speaking Caribbean according to the latest CEDAW Committee concluding observations and recommendations ....... 32 1. Rights, observations and recommendations affecting the multiple dimensions of women’s autonomy ............................................................................................. 32 2. Rights associated with physical autonomy ............................................................. 38 3. Rights associated with economic autonomy .......................................................... 40 4. Rights associated with decision-making autonomy ................................................ 40 C. Women’s rights in South America according to the latest concluding observations and recommendations of the CEDAW Committee ......................................................... 41 1. Rights, observations and recommendations affecting the multiple dimensions of women’s autonomy ............................................................................................. 42 2. Rights associated with physical autonomy ............................................................. 45 3 ECLAC Between legal equality and de facto discrimination... 3. Rights associated with economic autonomy .......................................................... 49 4. Rights associated with decision-making autonomy ............................................... 49 III. Final reflections ...................................................................................................................... 51 Bibliography ................................................................................................................................... 55 Tables Table 1 CEDAW articles and CEDAW Committee general recommendations relating to women’s physical autonomy ............................................................... 13 Table 2 CEDAW articles and CEDAW Committee general recommendations relating to women’s economic autonomy ............................................................. 13 Table 3 CEDAW articles and CEDAW Committee general recommendations relating to women’s decision-making autonomy .................................................. 14 Table 4 CEDAW articles and CEDAW Committee general recommendations relating to all three dimensions of women’s autonomy ........................................ 14 Table 5 Latin America (11 countries): comprehensive laws on violence, considering the types of violence covered ........................................................... 17 4 ECLAC Between legal equality and de facto discrimination... Abstract The States of Latin America and the Caribbean have ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Nonetheless, achieving substantive equality between men and women in Latin America and the Caribbean remains a major challenge. The present study examines the concluding observations and recommendations made by the CEDAW Committee to the region’s countries. The first section presents a methodological and conceptual introduction to the subject of women’s autonomy, empowerment and rights as dealt with by CEDAW. The second chapter examines progress and challenges in the effort to guarantee women’s rights by analysing the observations and general recommendations made by the CEDAW Committee to the countries of Latin America and the Caribbean. Lastly, some conclusions based on the reflections in the preceding chapters are presented.1 1 This document was prepared as a contribution to the debate at the three subregional preparatory meetings of the thirteenth Regional Conference on Women in Latin America and the Caribbean: the meeting with Mexico and Central American and Spanish-speaking Caribbean countries (Mexico City, 2 and 3 June 2016), the meeting with South American countries (Santiago, 4 and 5 July 2016) and the meeting with English- and Dutch-speaking Caribbean countries (Port of Spain, 26 and 27 July 2016). 5 ECLAC Between legal equality and de facto discrimination... Introduction The States of Latin America and the Caribbean have ratified the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Furthermore, governments have adopted political commitments from a women’s human rights perspective over the 40 years for which the Regional Conference on Women in Latin America and the Caribbean has been held. As part of the preparatory process of the thirteenth Regional Conference on Women in Latin America and the Caribbean, it was considered relevant to analyse the women’s rights situation on the basis of the CEDAW Committee’s concluding observations and recommendations for each of the countries. The CEDAW Committee monitors compliance with the Convention, and the observations and recommendations are the outcome of constructive dialogue between the Committee and each State party. The Committee also listens to civil society organizations. Consequently, the observations and recommendations are prepared
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