GE.03-40229
UNITED
NATIONS E
Economic and Social
Council
Distr.
GENERAL
E/C.12/2002/11
20 January 2003
Original: ENGLISH
COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
Twenty-ninth session
Geneva, 11-29 November 2002
Agenda item 3
SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF THE
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL
RIGHTS
General Comment No. 15 (2002)
The right to water (arts. 11 and 12 of the International Covenant
on Economic, Social and Cultural Rights)
I. INTRODUCTION
1. Water is a limited natural resource and a public good fundamental for life
and health. The human right to water is indispensable for leading a life in human
dignity. It is a prerequisite for the realization of other human rights. The Committee
has been confronted continually with the widespread denial of the right to water in
developing as well as developed countries. Over one billion persons lack access to a
basic water supply, while several billion do not have access to adequate sanitation,
which is the primary cause of water contamination and diseases linked to water.1 The
1 In 2000, the World Health Organization estimated that 1.1 billion persons did not have
access to an improved water supply (80 per cent of them rural dwellers) able to
provide at least 20 litres of safe water per person a day; 2.4 billion persons were
estimated to be without sanitation. (See WHO, The Global Water Supply and
Sanitation Assessment 2000, Geneva, 2000, p.1.) Further, 2.3 billion persons each
year suffer from diseases linked to water: see United Nations, Commission on
Sustainable Development, Comprehensive Assessment of the Freshwater Resources of
the World, New York, 1997, p. 39.
~ •\ , ,
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continuing contamination, depletion and unequal distribution of water is exacerbating
existing poverty. States parties have to adopt effective measures to realize, without
discrimination, the right to water, as set out in this general comment.
The legal bases of the right to water
2. The human right to water entitles everyone to sufficient, safe, acceptable,
physically accessible and affordable water for personal and domestic uses. An
adequate amount of safe water is necessary to prevent death from dehydration, to
reduce the risk of water-related disease and to provide for consumption, cooking,
personal and domestic hygienic requirements.
3. Article 11, paragraph 1, of the Covenant specifies a number of rights
emanating from, and indispensable for, the realization of the right to an adequate
standard of living “including adequate food, clothing and housing”. The use of the
word “including” indicates that this catalogue of rights was not intended to be
exhaustive. The right to water clearly falls within the category of guarantees essential
for securing an adequate standard of living, particularly since it is one of the most
fundamental conditions for survival. Moreover, the Committee has previously
recognized that water is a human right contained in article 11, paragraph 1, (see
General Comment No. 6 (1995)).2 The right to water is also inextricably related to the
right to the highest attainable standard of health (art. 12, para. 1)3 and the rights to
adequate housing and adequate food (art. 11, para. 1).4 The right should also be seen
in conjunction with other rights enshrined in the International Bill of Human Rights,
foremost amongst them the right to life and human dignity.
4. The right to water has been recognized in a wide range of international
documents, including treaties, declarations and other standards.5 For instance, Article
2 See paras. 5 and 32 of the Committee’s General Comment No. 6 (1995) on the economic,
social and cultural rights of older persons.
3 See General Comment No. 14 (2000) on the right to the highest attainable standard of
health, paragraphs 11, 12 (a), (b) and (d), 15, 34, 36, 40, 43 and 51.
4 See para. 8 (b) of General Comment No. 4 (1991). See also the report by Commission on
Human Rights’ Special Rapporteur on adequate housing as a component of the right
to an adequate standard of living, Mr. Miloon Kothari (E.CN.4/2002/59), submitted in
accordance with Commission resolution 2001/28 of 20 April 2001. In relation to the
right to adequate food, see the report by the Special Rapporteur of the Commission on
the right to food, Mr. Jean Ziegler (E/CN.4/2002/58), submitted in accordance with
Commission resolution 2001/25 of 20 April 2001.
5 See art. 14, para. 2 (h), Convention on the Elimination of All Forms of Discrimination
Against Women; art. 24, para. 2 (c), Convention on the Rights of the Child; arts. 20,
26, 29 and 46 of the Geneva Convention relative to the Treatment of Prisoners of
War, of 1949; arts. 85, 89 and 127 of the Geneva Convention relative to the Treatment
of Civilian Persons in Time of War, of 1949; arts. 54 and 55 of Additional Protocol I
thereto of 1977; arts. 5 and 14 Additional Protocol II of 1977; preamble, Mar Del
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14, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination
Against Women stipulates that States parties shall ensure to women the right to “enjoy
adequate living conditions, particularly in relation to […] water supply”. Article 24,
paragraph 2, of the Convention on the Rights of the Child requires States parties to
combat disease and malnutrition “through the provision of adequate nutritious foods
and clean drinking-water”.
5. The right to water has been consistently addressed by the Committee during
its consideration of States parties’ reports, in accordance with its revised general
guidelines regarding the form and content of reports to be submitted by States parties
under articles 16 and 17 of the International Covenant on Economic, Social and
Cultural Rights, and its general comments.
6. Water is required for a range of different purposes, besides personal and
domestic uses, to realize many of the Covenant rights. For instance, water is necessary
to produce food (right to adequate food) and ensure environmental hygiene (right to
health). Water is essential for securing livelihoods (right to gain a living by work) and
enjoying certain cultural practices (right to take part in cultural life). Nevertheless,
priority in the allocation of water must be given to the right to water for personal and
domestic uses. Priority should also be given to the water resources required to prevent
starvation and disease, as well as water required to meet the core obligations of each
of the Covenant rights. 6
Water and Covenant rights
7. The Committee notes the importance of ensuring sustainable access to water
resources for agriculture to realize the right to adequate food (see General Comment
Plata Action Plan of the United Nations Water Conference; see para. 18.47 of Agenda
21, Report of the United Nations Conference on Environment and Development, Rio
de Janeiro, 3-14 June 1992 (A/CONF.151/26/Rev.1 (Vol. I and Vol. I/Corr.1, Vol. II,
Vol. III and Vol. III/Corr.1) (United Nations publication, Sales No. E.93.I.8), vol I:
Resolutions adopted by the Conference, resolution 1, annex II; Principle No. 3, The
Dublin Statement on Water and Sustainable Development, International Conference
on Water and the Environment (A/CONF.151/PC/112); Principle No. 2, Programme
of Action, Report of the United Nations International Conference on Population and
Development, Cairo, 5-13 September 1994 (United Nations publication, Sales No.
E.95.XIII.18), chap. I, resolution 1, annex; paras. 5 and 19, Recommendation (2001)
14 of the Committee of Ministers to Member States on the European Charter on
Water Resources; resolution 2002/6 of the United Nations Sub-Commission on the
Promotion and Protection of Human Rights on the promotion of the realization of the
right to drinking water. See also the report on the relationship between the enjoyment
of economic, social and cultural rights and the promotion of the realization of the right
to drinking water supply and sanitation (E/CN.4/Sub.2/2002/10) submitted by the
Special Rapporteur of the Sub-Commission on the right to drinking water supply and
sanitation, Mr. El Hadji Guissé.
6 See also World Summit on Sustainable Development, Plan of Implementation 2002,
paragraph 25 (c).
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No.12 (1999)).7 Attention should be given to ensuring that disadvantaged and
marginalized farmers, including women farmers, have equitable access to water and
water management systems, including sustainable rain harvesting and irrigation
technology. Taking note of the duty in article 1, paragraph 2, of the Covenant, which
provides that a people may not “be deprived of its means of subsistence”, States
parties should ensure that there is adequate access to water for subsistence farming
and for securing the livelihoods of indigenous peoples.8
8. Environmental hygiene, as an aspect of the right to health under article 12,
paragraph 2 (b), of the Covenant, encompasses taking steps on a non-discriminatory
basis to prevent threats to health from unsafe and toxic water conditions.9 For
example, States parties should ensure that natural water resources are protected from
contamination by harmful substances and pathogenic microbes. Likewise, States
parties should monitor and combat situations where aquatic eco-systems serve as a
habitat for vectors of diseases wherever they pose a risk to human living
environments.10
9. With a view to assisting States parties' implementation of the Covenant and
the fulfilment of their reporting obligations, this General Comment focuses in Part II
on the normative content of the right to water in articles 11, paragraph 1, and 12, on
States parties' obligations (Part III), on violations (Part IV) and on implementation at
the national level (Part V), while the obligations of actors other than States parties are
addressed in Part VI.
II. NORMATIVE CONTENT OF THE RIGHT TO WATER
10. The right to water contains both freedoms and entitlements. The freedoms
include the right to maintain access to existing water supplies necessary for the right
to water, and the right to be free from interference, such as the right to be free from
arbitrary disconnections or contamination of water supplies. By contrast, the
entitlements include the right to a system of water supply and management that
provides equality of opportunity for people to enjoy the right to water.
7 This relates to both availability and to accessibility of the right to adequate food (see
General Comment No. 12 (1999), paras. 12 and 13).
8 See also the Statement of Understanding accompanying the United Nations Convention on
the Law of Non-Navigational Uses of Watercourses (A/51/869 of 11 April 1997),
which declared that, in determining vital human needs in the event of conflicts over
the use of watercourses “special attention is to be paid to providing sufficient water to
sustain human life, including both drinking water and water required for production of
food in order to prevent starvation”..
9 See also para. 15, General Comment No. 14.
10 According to the WHO definition, vector-borne diseases include diseases transmitted by
insects (malaria, filariasis, dengue, Japanese encephalitis and yellow fever), diseases
for which aquatic snails serve as intermediate hosts (schistosomiasis) and zoonoses
with vertebrates as reservoir hosts.
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11. The elements of the right to water must be adequate for human dignity, life
and health, in accordance with articles 11, paragraph 1, and 12. The adequacy of
water should not be interpreted narrowly, by mere reference to volumetric quantities
and technologies. Water should be treated as a social and cultural good, and not
primarily as an economic good. The manner of the realization of the right to water
must also be sustainable, ensuring that the right can be realized for present and future
generations.11
12. While the adequacy of water required for the right to water may vary
according to different conditions, the following factors apply in all circumstances:
(a) Availability. The water supply for each person must be sufficient and
continuous for personal and domestic uses.12 These uses ordinarily include drinking,
personal sanitation, washing of clothes, food preparation, personal and household
hygiene.13 The quantity of water available for each person should correspond to World
Health Organization (WHO) guidelines.14 Some individuals and groups may also
require additional water due to health, climate, and work conditions;
(b) Quality. The water required for each personal or domestic use must be
safe, therefore free from micro-organisms, chemical substances and radiological
hazards that constitute a threat to a person’s health.15 Furthermore, water should be of
an acceptable colour, odour and taste for each personal or domestic use.
11 For a definition of sustainability, see the Report of the United Nations Conference on
Environment and Development, Rio de Janeiro, 3-14 1992, Declaration on
Environment and Development, principles 1, 8, 9, 10, 12 and 15; and Agenda 21, in
particular principles 5.3, 7.27, 7.28, 7.35, 7.39, 7.41, 18.3, 18.8, 18.35, 18.40, 18.48,
18.50, 18.59 and 18.68.
12 “Continuous” means that the regularity of the water supply is sufficient for personal and
domestic uses.
13 In this context, “drinking” means water for consumption through beverages and foodstuffs.
“Personal sanitation” means disposal of human excreta. Water is necessary for
personal sanitation where water-based means are adopted. “Food preparation”
includes food hygiene and preparation of food stuffs, whether water is incorporated
into, or comes into contact with, food. “Personal and household hygiene” means
personal cleanliness and hygiene of the household environment.
14 See J. Bartram and G. Howard, “Domestic water quantity, service level and health: what
should be the goal for water and health sectors”, WHO, 2002. See also P.H. Gleick,
(1996) “Basic water requirements for human activities: meeting basic needs”, Water
International, 21, pp. 83-92.
15 The Committee refers States parties to WHO, Guidelines for drinking-water quality, 2nd
edition, vols. 1-3 (Geneva, 1993) that are “intended to be used as a basis for the
development of national standards that, if properly implemented, will ensure the
safety of drinking water supplies through the elimination of, or reduction to a
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(c) Accessibility. Water and water facilities and services have to be accessible
to everyone without discrimination, within the jurisdiction of the State party.
Accessibility has four overlapping dimensions:
(i) Physical accessibility: water, and adequate water facilities and
services, must be within safe physical reach for all sections of the
population. Sufficient, safe and acceptable water must be accessible
within, or in the immediate vicinity, of each household, educational
institution and workplace.16 All water facilities and services must be of
sufficient quality, culturally appropriate and sensitive to gender, lifecycle
and privacy requirements. Physical security should not be
threatened during access to water facilities and services;
(ii) Economic accessibility: Water, and water facilities and services,
must be affordable for all. The direct and indirect costs and charges
associated with securing water must be affordable, and must not
compromise or threaten the realization of other Covenant rights;
(iii) Non-discrimination: Water and water facilities and services must
be accessible to all, including the most vulnerable or marginalized
sections of the population, in law and in fact, without discrimination on
any of the prohibited grounds; and
(iv) Information accessibility: accessibility includes the right to seek, receive
and impart information concerning water issues.17
Special topics of broad application
Non-discrimination and equality
13. The obligation of States parties to guarantee that the right to water is enjoyed
without discrimination (art. 2, para. 2), and equally between men and women (art. 3),
pervades all of the Covenant obligations. The Covenant thus proscribes any
discrimination on the grounds of race, colour, sex, age, language, religion, political or
other opinion, national or social origin, property, birth, physical or mental disability,
health status (including HIV/AIDS), sexual orientation and civil, political, social or
other status, which has the intention or effect of nullifying or impairing the equal
enjoyment or exercise of the right to water. The Committee recalls paragraph 12 of
General Comment No. 3 (1990), which states that even in times of severe resource
minimum concentration, of constituents of water that are known to be hazardous to
health.”
16 See also General Comment No. 4 (1991), para. 8 (b), General Comment No. 13 (1999)
para. 6 (a) and General Comment No. 14 (2000) paras. 8 (a) and (b). Household
includes a permanent or semi-permanent dwelling, or a temporary halting site.
17 See para. 48 of this General Comment.
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constraints, the vulnerable members of society must be protected by the adoption of
relatively low-cost targeted programmes.
14. States parties should take steps to remove de facto discrimination on
prohibited grounds, where individuals and groups are deprived of the means or
entitlements necessary for achieving the right to water. States parties should ensure
that the allocation of water resources, and investments in water, facilitate access to
water for all members of society. Inappropriate resource allocation can lead to
discrimination that may not be overt. For example, investments should not
disproportionately favour expensive water supply services and facilities that are often
accessible only to a small, privileged fraction of the population, rather than investing
in services and facilities that benefit a far larger part of the population.
15. With respect to the right to water, States parties have a special obligation to
provide those who do not have sufficient means with the necessary water and water
facilities and to prevent any discrimination on internationally prohibited grounds in
the provision of water and water services.
16. Whereas the right to water applies to everyone, States parties should give
special attention to those individuals and groups who have traditionally faced
difficulties in exercising this right, including women, children, minority groups,
indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant
workers, prisoners and detainees. In particular, States parties should take steps to
ensure that:
(a) Women are not excluded from decision-making processes concerning
water resources and entitlements. The disproportionate burden women bear in the
collection of water should be alleviated;
(b) Children are not prevented from enjoying their human rights due to the
lack of adequate water in educational institutions and households or through the
burden of collecting water. Provision of adequate water to educational institutions
currently without adequate drinking water should be addressed as a matter of urgency;
(c) Rural and deprived urban areas have access to properly maintained water
facilities. Access to traditional water sources in rural areas should be protected from
unlawful encroachment and pollution. Deprived urban areas, including informal
human settlements, and homeless persons, should have access to properly maintained
water facilities. No household should be denied the right to water on the grounds of
their housing or land status;
(d) Indigenous peoples’ access to water resources on their ancestral lands is
protected from encroachment and unlawful pollution. States should provide resources
for indigenous peoples to design, deliver and control their access to water;
(e) Nomadic and traveller communities have access to adequate water at
traditional and designated halting sites;
(f) Refugees, asylum-seekers, internally displaced persons and returnees have
access to adequate water whether they stay in camps or in urban and rural areas.
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Refugees and asylum-seekers should be granted the right to water on the same
conditions as granted to nationals;
(g) Prisoners and detainees are provided with sufficient and safe water for
their daily individual requirements, taking note of the requirements of international
humanitarian law and the United Nations Standard Minimum Rules for the Treatment
of Prisoners;18
(h) Groups facing difficulties with physical access to water, such as older
persons, persons with disabilities, victims of natural disasters, persons living in
disaster-prone areas, and those living in arid and semi-arid areas, or on small islands
are provided with safe and sufficient water.
III. STATES PARTIES’ OBLIGATIONS
General legal obligations
17. While the Covenant provides for progressive realization and acknowledges
the constraints due to the limits of available resources, it also imposes on States
parties various obligations which are of immediate effect. States parties have
immediate obligations in relation to the right to water, such as the guarantee that the
right will be exercised without discrimination of any kind (art. 2, para. 2) and the
obligation to take steps (art. 2, para.1) towards the full realization of articles 11,
paragraph 1, and 12. Such steps must be deliberate, concrete and targeted towards the
full realization of the right to water.
18. States parties have a constant and continuing duty under the Covenant to
move as expeditiously and effectively as possible towards the full realization of the
right to water. Realization of the right should be feasible and practicable, since all
States parties exercise control over a broad range of resources, including water,
technology, financial resources and international assistance, as with all other rights in
the Covenant.
19. There is a strong presumption that retrogressive measures taken in relation to
the right to water are prohibited under the Covenant.19 If any deliberately
retrogressive measures are taken, the State party has the burden of proving that they
have been introduced after the most careful consideration of all alternatives and that
they are duly justified by reference to the totality of the rights provided for in the
Covenant in the context of the full use of the State party's maximum available
resources.
18 See arts. 20, 26, 29 and 46 of the third Geneva Convention of 12 August 1949; arts. 85, 89
and 127 of the fourth Geneva Convention of 12 August 1949; arts. 15 and 20, para. 2,
United Nations Standard Minimum Rules for the Treatment of Prisoners, in Human
Rights: A Compilation of International Instruments (United Nations publication, Sales
No. E.88.XIV.1).
19 See General Comment No. 3 (1990), para. 9.
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Specific legal obligations
20. The right to water, like any human right, imposes three types of obligations
on States parties: obligations to respect, obligations to protect and obligations to fulfil.
(a) Obligations to respect
21. The obligation to respect requires that States parties refrain from interfering
directly or indirectly with the enjoyment of the right to water. The obligation includes,
inter alia, refraining from engaging in any practice or activity that denies or limits
equal access to adequate water; arbitrarily interfering with customary or traditional
arrangements for water allocation; unlawfully diminishing or polluting water, for
example through waste from State-owned facilities or through use and testing of
weapons; and limiting access to, or destroying, water services and infrastructure as a
punitive measure, for example, during armed conflicts in violation of international
humanitarian law.
22. The Committee notes that during armed conflicts, emergency situations and
natural disasters, the right to water embraces those obligations by which States parties
are bound under international humanitarian law.20 This includes protection of objects
indispensable for survival of the civilian population, including drinking water
installations and supplies and irrigation works, protection of the natural environment
against widespread, long-term and severe damage and ensuring that civilians,
internees and prisoners have access to adequate water.21
(b) Obligations to protect
23. The obligation to protect requires State parties to prevent third parties from
interfering in any way with the enjoyment of the right to water. Third parties include
individuals, groups, corporations and other entities as well as agents acting under their
authority. The obligation includes, inter alia, adopting the necessary and effective
legislative and other measures to restrain, for example, third parties from denying
equal access to adequate water; and polluting and inequitably extracting from water
resources, including natural sources, wells and other water distribution systems.
24. Where water services (such as piped water networks, water tankers, access to
rivers and wells) are operated or controlled by third parties, States parties must
prevent them from compromising equal, affordable, and physical access to sufficient,
safe and acceptable water. To prevent such abuses an effective regulatory system must
be established, in conformity with the Covenant and this General Comment, which
20 For the interrelationship of human rights law and humanitarian law, the Committee notes
the conclusions of the International Court of Justice in Legality of the Threat or Use of
Nuclear Weapons (Request by the General Assembly), ICJ Reports (1996) p. 226,
para. 25.
21 See arts. 54 and 56, Additional Protocol I to the Geneva Conventions (1977), art. 54,
Additional Protocol II (1977), arts. 20 and 46 of the third Geneva Convention of 12
August 1949, and common article 3 of the Geneva Conventions of 12 August 1949.
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includes independent monitoring, genuine public participation and imposition of
penalties for non-compliance.
(c) Obligations to fulfil
25. The obligation to fulfil can be disaggregated into the obligations to facilitate,
promote and provide. The obligation to facilitate requires the State to take positive
measures to assist individuals and communities to enjoy the right. The obligation to
promote obliges the State party to take steps to ensure that there is appropriate
education concerning the hygienic use of water, protection of water sources and
methods to minimize water wastage. States parties are also obliged to fulfil (provide)
the right when individuals or a group are unable, for reasons beyond their control, to
realize that right themselves by the means at their disposal.
26. The obligation to fulfil requires States parties to adopt the necessary
measures directed towards the full realization of the right to water. The obligation
includes, inter alia, according sufficient recognition of this right within the national
political and legal systems, preferably by way of legislative implementation; adopting
a national water strategy and plan of action to realize this right; ensuring that water is
affordable for everyone; and facilitating improved and sustainable access to water,
particularly in rural and deprived urban areas.
27. To ensure that water is affordable, States parties must adopt the necessary
measures that may include, inter alia: (a) use of a range of appropriate low-cost
techniques and technologies; (b) appropriate pricing policies such as free or low-cost
water; and (c) income supplements. Any payment for water services has to be based
on the principle of equity, ensuring that these services, whether privately or publicly
provided, are affordable for all, including socially disadvantaged groups. Equity
demands that poorer households should not be disproportionately burdened with water
expenses as compared to richer households.
28. States parties should adopt comprehensive and integrated strategies and
programmes to ensure that there is sufficient and safe water for present and future
generations.22 Such strategies and programmes may include: (a) reducing depletion of
water resources through unsustainable extraction, diversion and damming; (b)
reducing and eliminating contamination of watersheds and water-related eco-systems
by substances such as radiation, harmful chemicals and human excreta; (c) monitoring
water reserves; (d) ensuring that proposed developments do not interfere with access
to adequate water; (e) assessing the impacts of actions that may impinge upon water
availability and natural-ecosystems watersheds, such as climate changes,
desertification and increased soil salinity, deforestation and loss of biodiversity;23 (f)
22 See footnote 5 above, Agenda 21, chaps. 5 ,7 and 18; and the World Summit on
Sustainable Development, Plan of Implementation (2002), paras. 6 (a), (l) and (m), 7,
36 and 38.
23 See the Convention on Biological Diversity, the Convention to Combat Desertification, the
United Nations Framework Convention on Climate Change, and subsequent
protocols.
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increasing the efficient use of water by end-users; (g) reducing water wastage in its
distribution; (h) response mechanisms for emergency situations; (i) and establishing
competent institutions and appropriate institutional arrangements to carry out the
strategies and programmes.
29. Ensuring that everyone has access to adequate sanitation is not only
fundamental for human dignity and privacy, but is one of the principal mechanisms
for protecting the quality of drinking water supplies and resources.24 In accordance
with the rights to health and adequate housing (see General Comments No. 4 (1991)
and 14 (2000)) States parties have an obligation to progressively extend safe
sanitation services, particularly to rural and deprived urban areas, taking into account
the needs of women and children.
International obligations
30. Article 2, paragraph 1, and articles 11, paragraph 1, and 23 of the Covenant
require that States parties recognize the essential role of international cooperation and
assistance and take joint and separate action to achieve the full realization of the right
to water.
31. To comply with their international obligations in relation to the right to
water, States parties have to respect the enjoyment of the right in other countries.
International cooperation requires States parties to refrain from actions that interfere,
directly or indirectly, with the enjoyment of the right to water in other countries. Any
activities undertaken within the State party’s jurisdiction should not deprive another
country of the ability to realize the right to water for persons in its jurisdiction.25
32. States parties should refrain at all times from imposing embargoes or similar
measures, that prevent the supply of water, as well as goods and services essential for
securing the right to water.26 Water should never be used as an instrument of political
24 Article 14, para. 2, of the Convention on the Elimination of All Forms of Discrimination
Against Women stipulates States parties shall ensure to women the right to “adequate
living conditions, particularly in relation to […] sanitation”. Article 24, para. 2, of the
Convention on the Rights of the Child requires States parties to “To ensure that all
segments of society […] have access to education and are supported in the use of
basic knowledge of […] the advantages of […] hygiene and environmental
sanitation.”
25 The Committee notes that the United Nations Convention on the Law of Non-Navigational
Uses of Watercourses requires that social and human needs be taken into account in
determining the equitable utilization of watercourses, that States parties take measures
to prevent significant harm being caused, and, in the event of conflict, special regard
must be given to the requirements of vital human needs: see arts. 5, 7 and 10 of the
Convention.
26 In General Comment No. 8 (1997), the Committee noted the disruptive effect of sanctions
upon sanitation supplies and clean drinking water, and that sanctions regimes should
provide for repairs to infrastructure essential to provide clean water.
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and economic pressure. In this regard, the Committee recalls its position, stated in its
General Comment No. 8 (1997), on the relationship between economic sanctions and
respect for economic, social and cultural rights.
33. Steps should be taken by States parties to prevent their own citizens and
companies from violating the right to water of individuals and communities in other
countries. Where States parties can take steps to influence other third parties to
respect the right, through legal or political means, such steps should be taken in
accordance with the Charter of the United Nations and applicable international law.
34. Depending on the availability of resources, States should facilitate realization
of the right to water in other countries, for example through provision of water
resources, financial and technical assistance, and provide the necessary aid when
required. In disaster relief and emergency assistance, including assistance to refugees
and displaced persons, priority should be given to Covenant rights, including the
provision of adequate water. International assistance should be provided in a manner
that is consistent with the Covenant and other human rights standards, and sustainable
and culturally appropriate. The economically developed States parties have a special
responsibility and interest to assist the poorer developing States in this regard.
35. States parties should ensure that the right to water is given due attention in
international agreements and, to that end, should consider the development of further
legal instruments. With regard to the conclusion and implementation of other
international and regional agreements, States parties should take steps to ensure that
these instruments do not adversely impact upon the right to water. Agreements
concerning trade liberalization should not curtail or inhibit a country’s capacity to
ensure the full realization of the right to water.
36. States parties should ensure that their actions as members of international
organizations take due account of the right to water. Accordingly, States parties that
are members of international financial institutions, notably the International Monetary
Fund, the World Bank, and regional development banks, should take steps to ensure
that the right to water is taken into account in their lending policies, credit agreements
and other international measures.
Core obligations
37. In General Comment No. 3 (1990), the Committee confirms that States
parties have a core obligation to ensure the satisfaction of, at the very least, minimum
essential levels of each of the rights enunciated in the Covenant. In the Committee’s
view, at least a number of core obligations in relation to the right to water can be
identified, which are of immediate effect:
(a) To ensure access to the minimum essential amount of water, that is
sufficient and safe for personal and domestic uses to prevent disease;
(b) To ensure the right of access to water and water facilities and services on a
non-discriminatory basis, especially for disadvantaged or marginalized groups;
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(c) To ensure physical access to water facilities or services that provide
sufficient, safe and regular water; that have a sufficient number of water outlets to
avoid prohibitive waiting times; and that are at a reasonable distance from the
household;
(d) To ensure personal security is not threatened when having to physically
access to water;
(e) To ensure equitable distribution of all available water facilities and
services;
(f) To adopt and implement a national water strategy and plan of action
addressing the whole population; the strategy and plan of action should be devised,
and periodically reviewed, on the basis of a participatory and transparent process; it
should include methods, such as right to water indicators and benchmarks, by which
progress can be closely monitored; the process by which the strategy and plan of
action are devised, as well as their content, shall give particular attention to all
disadvantaged or marginalized groups;
(g) To monitor the extent of the realization, or the non-realization, of the right
to water;
(h) To adopt relatively low-cost targeted water programmes to protect
vulnerable and marginalized groups;
(i) To take measures to prevent, treat and control diseases linked to water, in
particular ensuring access to adequate sanitation;
38. For the avoidance of any doubt, the Committee wishes to emphasize that it is
particularly incumbent on States parties, and other actors in a position to assist, to
provide international assistance and cooperation, especially economic and technical
which enables developing countries to fulfil their core obligations indicated in
paragraph 37 above.
IV. VIOLATIONS
39. When the normative content of the right to water (see Part II) is applied to
the obligations of States parties (Part III), a process is set in motion, which facilitates
identification of violations of the right to water. The following paragraphs provide
illustrations of violations of the right to water.
40. To demonstrate compliance with their general and specific obligations, States
parties must establish that they have taken the necessary and feasible steps towards
the realization of the right to water. In accordance with international law, a failure to
act in good faith to take such steps amounts to a violation of the right. It should be
stressed that a State party cannot justify its non-compliance with the core obligations
set out in paragraph 37 above, which are non-derogable.
41. In determining which actions or omissions amount to a violation of the right
to water, it is important to distinguish the inability from the unwillingness of a State
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party to comply with its obligations in relation to the right to water. This follows from
articles 11, paragraph 1, and 12, which speak of the right to an adequate standard of
living and the right to health, as well as from article 2, paragraph 1, of the Covenant,
which obliges each State party to take the necessary steps to the maximum of its
available resources. A State which is unwilling to use the maximum of its available
resources for the realization of the right to water is in violation of its obligations under
the Covenant. If resource constraints render it impossible for a State party to comply
fully with its Covenant obligations, it has the burden of justifying that every effort has
nevertheless been made to use all available resources at its disposal in order to satisfy,
as a matter of priority, the obligations outlined above.
42. Violations of the right to water can occur through acts of commission, the
direct actions of States parties or other entities insufficiently regulated by States.
Violations include, for example, the adoption of retrogressive measures incompatible
with the core obligations (outlined in para. 37 above), the formal repeal or suspension
of legislation necessary for the continued enjoyment of the right to water, or the
adoption of legislation or policies which are manifestly incompatible with pre-existing
domestic or international legal obligations in relation to the right to water.
43. Violations through acts of omission include the failure to take appropriate
steps towards the full realization of everyone's right to water, the failure to have a
national policy on water, and the failure to enforce relevant laws.
44. While it is not possible to specify a complete list of violations in advance, a
number of typical examples relating to the levels of obligations, emanating from the
Committee’s work, may be identified:
(a) Violations of the obligation to respect follow from the State party’s
interference with the right to water. This includes, inter alia: (i) arbitrary or unjustified
disconnection or exclusion from water services or facilities; (ii) discriminatory or
unaffordable increases in the price of water; and (iii) pollution and diminution of
water resources affecting human health;
(b) Violations of the obligation to protect follow from the failure of a State to
take all necessary measures to safeguard persons within their jurisdiction from
infringements of the right to water by third parties.27 This includes, inter alia: (i)
failure to enact or enforce laws to prevent the contamination and inequitable
extraction of water; (ii) failure to effectively regulate and control water services
providers; (iv) failure to protect water distribution systems (e.g., piped networks and
wells) from interference, damage and destruction; and
(c) Violations of the obligation to fulfil occur through the failure of States
parties to take all necessary steps to ensure the realization of the right to water.
Examples includes, inter alia: (i) failure to adopt or implement a national water policy
designed to ensure the right to water for everyone; (ii) insufficient expenditure or
misallocation of public resources which results in the non-enjoyment of the right to
water by individuals or groups, particularly the vulnerable or marginalized; (iii)
failure to monitor the realization of the right to water at the national level, for example
27 See para. 23 for a definition of “third parties”.
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by identifying right-to-water indicators and benchmarks; (iv) failure to take measures
to reduce the inequitable distribution of water facilities and services; (v) failure to
adopt mechanisms for emergency relief; (vi) failure to ensure that the minimum
essential level of the right is enjoyed by everyone (vii) failure of a State to take into
account its international legal obligations regarding the right to water when entering
into agreements with other States or with international organizations.
V. IMPLEMENTATION AT THE NATIONAL LEVEL
45. In accordance with article 2, paragraph 1, of the Covenant, States parties are
required to utilize “all appropriate means, including particularly the adoption of
legislative measures” in the implementation of their Covenant obligations. Every State
party has a margin of discretion in assessing which measures are most suitable to meet
its specific circumstances. The Covenant, however, clearly imposes a duty on each
State party to take whatever steps are necessary to ensure that everyone enjoys the
right to water, as soon as possible. Any national measures designed to realize the right
to water should not interfere with the enjoyment of other human rights.
Legislation, strategies and policies
46. Existing legislation, strategies and policies should be reviewed to ensure that
they are compatible with obligations arising from the right to water, and should be
repealed, amended or changed if inconsistent with Covenant requirements.
47. The duty to take steps clearly imposes on States parties an obligation to adopt
a national strategy or plan of action to realize the right to water. The strategy must: (a)
be based upon human rights law and principles; (b) cover all aspects of the right to
water and the corresponding obligations of States parties; (c) define clear objectives;
(d) set targets or goals to be achieved and the time-frame for their achievement; (e)
formulate adequate policies and corresponding benchmarks and indicators. The
strategy should also establish institutional responsibility for the process; identify
resources available to attain the objectives, targets and goals; allocate resources
appropriately according to institutional responsibility; and establish accountability
mechanisms to ensure the implementation of the strategy. When formulating and
implementing their right to water national strategies, States parties should avail
themselves of technical assistance and cooperation of the United Nations specialized
agencies (see Part VI below).
48. The formulation and implementation of national water strategies and plans of
action should respect, inter alia, the principles of non-discrimination and people's
participation. The right of individuals and groups to participate in decision-making
processes that may affect their exercise of the right to water must be an integral part
of any policy, programme or strategy concerning water. Individuals and groups should
be given full and equal access to information concerning water, water services and the
environment, held by public authorities or third parties.
49. The national water strategy and plan of action should also be based on the
principles of accountability, transparency and independence of the judiciary, since
good governance is essential to the effective implementation of all human rights,
including the realization of the right to water. In order to create a favourable climate
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for the realization of the right, States parties should take appropriate steps to ensure
that the private business sector and civil society are aware of, and consider the
importance of, the right to water in pursuing their activities.
50. States parties may find it advantageous to adopt framework legislation to
operationalize their right to water strategy. Such legislation should include: (a) targets
or goals to be attained and the time-frame for their achievement; (b) the means by
which the purpose could be achieved; (c) the intended collaboration with civil society,
private sector and international organizations; (d) institutional responsibility for the
process; (e) national mechanisms for its monitoring; and (f) remedies and recourse
procedures.
51. Steps should be taken to ensure there is sufficient coordination between the
national ministries, regional and local authorities in order to reconcile water-related
policies. Where implementation of the right to water has been delegated to regional or
local authorities, the State party still retains the responsibility to comply with its
Covenant obligations, and therefore should ensure that these authorities have at their
disposal sufficient resources to maintain and extend the necessary water services and
facilities. The States parties must further ensure that such authorities do not deny
access to services on a discriminatory basis.
52. States parties are obliged to monitor effectively the realization of the right to
water. In monitoring progress towards the realization of the right to water, States
parties should identify the factors and difficulties affecting implementation of their
obligations.
Indicators and benchmarks
53. To assist the monitoring process, right to water indicators should be
identified in the national water strategies or plans of action. The indicators should be
designed to monitor, at the national and international levels, the State party's
obligations under articles 11, paragraph 1, and 12. Indicators should address the
different components of adequate water (such as sufficiency, safety and acceptability,
affordability and physical accessibility), be disaggregated by the prohibited grounds
of discrimination, and cover all persons residing in the State party’s territorial
jurisdiction or under their control. States parties may obtain guidance on appropriate
indicators from the ongoing work of WHO, the Food and Agriculture Organization of
the United Nations (FAO), the United Nations Centre for Human Settlements
(Habitat), the International Labour Organization (ILO), the United Nations Children’s
Fund (UNICEF), the United Nations Environment Programme (UNEP), the United
Nations Development Programme (UNDP) and the United Nations Commission on
Human Rights.
54. Having identified appropriate right to water indicators, States parties are
invited to set appropriate national benchmarks in relation to each indicator.28 During
28 See E. Riedel, “New bearings to the State reporting procedure: practical ways to
operationalize economic, social and cultural rights – The example of the right to
health”, in S. von Schorlemer (ed.), Praxishandbuch UNO, 2002, pp. 345-358. The
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the periodic reporting procedure, the Committee will engage in a process of “scoping”
with the State party. Scoping involves the joint consideration by the State party and
the Committee of the indicators and national benchmarks which will then provide the
targets to be achieved during the next reporting period. In the following five years, the
State party will use these national benchmarks to help monitor its implementation of
the right to water. Thereafter, in the subsequent reporting process, the State party and
the Committee will consider whether or not the benchmarks have been achieved, and
the reasons for any difficulties that may have been encountered (see General
Comment No.14 (2000), para. 58). Further, when setting benchmarks and preparing
their reports, States parties should utilize the extensive information and advisory
services of specialized agencies with regard to data collection and disaggregation.
Remedies and accountability
55. Any persons or groups who have been denied their right to water should
have access to effective judicial or other appropriate remedies at both national and
international levels (see General Comment No. 9 (1998), para. 4, and Principle 10 of
the Rio Declaration on Environment and Development).29 The Committee notes that
the right has been constitutionally entrenched by a number of States and has been
subject to litigation before national courts. All victims of violations of the right to
water should be entitled to adequate reparation, including restitution, compensation,
satisfaction or guarantees of non-repetition. National ombudsmen, human rights
commissions, and similar institutions should be permitted to address violations of the
right.
56. Before any action that interferes with an individual’s right to water is carried
out by the State party, or by any other third party, the relevant authorities must ensure
that such actions are performed in a manner warranted by law, compatible with the
Covenant, and that comprises: (a) opportunity for genuine consultation with those
affected; (b) timely and full disclosure of information on the proposed measures; (c)
reasonable notice of proposed actions; (d) legal recourse and remedies for those
affected; and (e) legal assistance for obtaining legal remedies (see also General
Comments No. 4 (1991) and No. 7 (1997)). Where such action is based on a person’s
failure to pay for water their capacity to pay must be taken into account. Under no
circumstances shall an individual be deprived of the minimum essential level of water.
57. The incorporation in the domestic legal order of international instruments
recognizing the right to water can significantly enhance the scope and effectiveness of
Committee notes, for example, the commitment in the 2002 World Summit on
Sustainable Development Plan of Implementation to halve, by the year 2015, the
proportion of people who are unable to reach or to afford safe drinking water (as
outlined in the Millennium Declaration) and the proportion of people who do not have
access to basic sanitation.
29 Principle 10 of the Rio Declaration on Environment and Development (Report of the
United Nations Conference on Environment and Development, see footnote 5 above),
states with respect to environmental issues that “effective access to judicial and
administrative proceedings, including remedy and redress, shall be provided”.
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remedial measures and should be encouraged in all cases. Incorporation enables
courts to adjudicate violations of the right to water, or at least the core obligations, by
direct reference to the Covenant.
58. Judges, adjudicators and members of the legal profession should be
encouraged by States parties to pay greater attention to violations of the right to water
in the exercise of their functions.
59. States parties should respect, protect, facilitate and promote the work of
human rights advocates and other members of civil society with a view to assisting
vulnerable or marginalized groups in the realization of their right to water.
VI. OBLIGATIONS OF ACTORS OTHER THAN STATES
60. United Nations agencies and other international organizations concerned with
water, such as WHO, FAO, UNICEF, UNEP, UN-Habitat, ILO, UNDP, the
International Fund for Agricultural Development (IFAD), as well as international
organizations concerned with trade such as the World Trade Organization (WTO),
should cooperate effectively with States parties, building on their respective expertise,
in relation to the implementation of the right to water at the national level. The
international financial institutions, notably the International Monetary Fund and the
World Bank, should take into account the right to water in their lending policies,
credit agreements, structural adjustment programmes and other development projects
(see General Comment No. 2 (1990)), so that the enjoyment of the right to water is
promoted. When examining the reports of States parties and their ability to meet the
obligations to realize the right to water, the Committee will consider the effects of the
assistance provided by all other actors. The incorporation of human rights law and
principles in the programmes and policies by international organizations will greatly
facilitate implementation of the right to water. The role of the International Federation
of the Red Cross and Red Crescent Societies, International Committee of the Red
Cross, the Office of the United Nations High Commissioner for Refugees (UNHCR),
WHO and UNICEF, as well as non-governmental organizations and other
associations, is of particular importance in relation to disaster relief and humanitarian
assistance in times of emergencies. Priority in the provision of aid, distribution and
management of water and water facilities should be given to the most vulnerable or
marginalized groups of the population.
GE.10-47253
Committee on the Elimination of
Discrimination against Women
General recommendation No. 27 on older women and
protection of their human rights
Introduction
1. The Committee on the Elimination of Discrimination against Women (hereinafter
“the Committee”), concerned about the multiple forms of discrimination experienced by
older women and that older women’s rights are not systematically addressed in the reports
of States parties, decided at its forty-second session, held from 20 October to 7 November
2008, pursuant to article 21 of the Convention on the Elimination of All Forms of
Discrimination against Women (hereinafter “the Convention”), to adopt a general
recommendation on older women and protection of their human rights.
2. In its decision 26/III of 5 July 2002, the Committee acknowledged that the
Convention “is an important tool for addressing the specific issue of the human rights of
older women.”1 General recommendation No. 25 on article 4, paragraph 1, of the
Convention (temporary special measures) also recognizes that age is one of the grounds on
which women may suffer multiple forms of discrimination. In particular, the Committee
recognized the need for statistical data, disaggregated by age and sex, in order to better
assess the situation of older women.
3. The Committee affirms previous commitments to older women’s rights enshrined in,
inter alia, the Vienna International Plan of Action on Ageing,2 the Beijing Declaration and
Platform for Action,3 the United Nations Principles for Older Persons (General Assembly
resolution 46/91, annex), the Programme of Action of the International Conference on
Population and Development,4 the Madrid International Plan of Action on Ageing 2002,5
Committee on Economic, Social and Cultural Rights general comment No. 6 on the
1 See Official Records of the General Assembly, Fifty-seventh Session, Supplement No. 38 (A/57/38,
Part One, chap. I, decision 26/III, and chap. VII, paras. 430-436).
2 Report of the World Assembly on Ageing, Vienna, 26 July-6 August 1982 (United Nations
publication, Sales No. E.I.16), chap. VI, sect. A.
3 Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (United Nations
publication, Sales No. E.96.IV.13), chap. I, resolution 1, annexes I and II.
4 Report of the International Conference on Population and Development, Cairo, 5-13 September
1994 (United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution 1, annex.
5 Report of the Second World Assembly on Ageing, Madrid, 8-12 April 2002 1995 (United Nations
publication, Sales No. E.02.IV.4), chap. I, resolution 1, annex II.
United Nations CEDAW/C/GC/27
Convention on the Elimination
of All Forms of Discrimination
against Women
Distr.: General
16 December 2010
Original: English
......... @
CEDAW/C/GC/27
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economic, social and cultural rights of older persons (1995), and general comment No. 19
on the right to social security (2008).
Background
4. Current United Nations figures estimate that within 36 years there will be more
people over the age of 60 than children under 15 years, globally. It is estimated that by
2050, the number of older people will be over 2 billion, or 22 per cent of the global
population, an unprecedented doubling of the present 11 per cent of the population that is
over 60.
5. The gendered nature of ageing reveals that women tend to live longer than men, and
that more older women than men live alone. While there are 83 men for every 100 women
over the age of 60, there are only 59 men for every 100 women over the age of 80. Further,
statistics from the United Nations Department of Economic and Social Affairs indicate that
80 per cent of men over 60 are married compared with only 48 per cent of older women.6
6. This unprecedented demographic ageing, due to improved living standards and basic
health-care systems as well as declines in fertility and rising longevity, can be considered a
successful outcome of development efforts and one that is set to continue, making the
twenty-first century, the century of ageing. However, such demographic changes have
profound human rights implications and increase the urgency of addressing the
discrimination experienced by older women in a more comprehensive and systematic
manner through the Convention.
7. The issue of ageing is shared by both developed and developing countries. The
proportion of older persons in less developed countries is expected to increase from 8 per
cent in 2010 to 20 per cent by 2050,7 while the proportion of children will decrease from 29
to 20 per cent.8 The number of older women living in less developed regions will increase
by 600 million within the period 2010 to 2050.9 This demographic shift presents major
challenges for developing countries. The ageing of society is a well-established trend and a
significant feature in most developed countries.
8. Older women are not a homogeneous group. They have a great diversity of
experience, knowledge, ability and skills, however, their economic and social situation is
dependent on a range of demographic, political, environmental, cultural, social, individual
and family factors. The contribution of older women in public and private life as leaders in
their communities, entrepreneurs, caregivers, advisers, mediators, among other roles, is
invaluable.
Purpose and objective
9. This general recommendation on older women and promotion of their rights
explores the relationship between the articles of the Convention and ageing. It identifies the
multiple forms of discrimination that women face as they age, outlines the content of the
obligations to be assumed by States parties with regard to ageing with dignity and older
6 United Nations Department of Economic and Social Affairs, Population Ageing and Development
2009 Chart, available at http://www.un.org/esa/population/publications/ageing/ageing2009.htm.
7 Ibid.
8United Nations Department of Economic and Social Affairs, Population Division, World Population
Prospects: The 2008 Revision Population Database, http://esa.un.org/unpp/index.asp?panel=1.
9Ibid.
CEDAW/C/GC/27
3
women’s rights, and includes policy recommendations aimed at mainstreaming the
responses to the concerns of older women into national strategies, development initiatives
and positive action so that older women can fully participate in society without
discrimination and on an equal basis with men.
10. The general recommendation also provides guidance to States parties on the
inclusion of the situation of older women in their reports on the implementation of the
Convention. The elimination of all forms of discrimination against older women can only
be achieved by fully respecting and protecting their dignity and their right to integrity and
self-determination.
Specific areas of concern
11. While both men and women experience discrimination as they become older, older
women experience ageing differently. The impact of gender inequality throughout their
lifespan is exacerbated in old age and is often based on deep-rooted cultural and social
norms. The discrimination that older women experience is often a result of unfair resource
allocation, maltreatment, neglect and limited access to basic services.
12. Concrete forms of discrimination against older women may differ considerably
under various socio-economic circumstances and in various sociocultural environments,
depending on the equality of opportunities and choices regarding education, employment,
health, family and private life. In many countries, the lack of telecommunication skills,
access to adequate housing, social services and the Internet, loneliness and isolation pose
problems for older women. Older women living in rural areas or urban slums often suffer a
severe lack of basic resources for subsistence, income security, access to health care,
information on and enjoyment of their entitlements and rights.
13. The discrimination experienced by older women is often multidimensional, with the
age factor compounding other forms of discrimination based on gender, ethnic origin,
disability, poverty levels, sexual orientation and gender identity, migrant status, marital and
family status, literacy and other grounds. Older women who are members of minority,
ethnic or indigenous groups, internally displaced or stateless often experience a
disproportionate degree of discrimination.
14. Many older women face neglect as they are no longer considered useful in their
productive and reproductive roles, and are seen as a burden on their families. Widowhood
and divorce further exacerbate discrimination, while lack of or limited access to health-care
services for diseases and conditions, such as diabetes, cancer, hypertension, heart disease,
cataract, osteoporosis and Alzheimer, prevent older women from enjoying their full human
rights.
15. The full development and advancement of women can only be achieved through a
life-cycle approach that recognizes and addresses the different stages of women’s lives
−from childhood through adolescence, adulthood and old age− and the impact of each stage
on the enjoyment of human rights by older women. The rights enshrined in the Convention
are applicable at all stages of a woman’s life. However, in many countries, age
discrimination is still tolerated and accepted at the individual, institutional and policy
levels, and few countries have legislation prohibiting discrimination based on age.
16. Gender stereotyping, traditional and customary practices can have harmful impacts
on all areas of the lives of older women, in particular those with disabilities, including
family relationships, community roles, portrayal in the media, employers’ attitudes, health
care and other service providers, and can result in physical violence as well as
psychological, verbal and financial abuse.
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17. Older women are often discriminated against through restrictions that hamper their
participation in political and decision-making processes. For example, lack of identification
documents or transportation may prevent older women from voting. In some countries,
older women are not allowed to form or participate in associations or other nongovernmental
groups to campaign for their rights. Further, the mandatory retirement age
may be lower for women than for men, which may be discriminatory against women,
including those who represent their Governments at the international level.
18. Older women with refugee status or who are stateless or asylum-seekers, as well as
those who are migrant workers or internally displaced, often face discrimination, abuse and
neglect. Older women affected by forced displacement or statelessness may suffer from
post-traumatic stress syndrome, which may not be recognized or treated by health-care
providers. Older refugee and internally displaced women are sometimes denied access to
health care because they lack legal status or legal documents and/or are resettled far from
health-care facilities. They may also experience cultural and language barriers in accessing
services.
19. Employers often regard older women as non-profitable investments for education
and vocational training. Older women also do not have equal opportunities to learn modern
information technology, nor the resources to obtain them. Many poor older women,
especially those with disabilities and those living in rural areas, are denied the right to
education and receive little or no formal or informal education. Illiteracy and innumeracy
can severely restrict older women’s full participation in public and political life, the
economy, and access to a range of services, entitlements and recreational activities.
20. Women are fewer in the formal employment sector. Women also tend to be paid less
than men for the same work or work of equal value. Moreover, gender-based discrimination
in employment throughout their life has a cumulative impact in old age, forcing older
women to face disproportionately lower incomes and pensions, or even no pension,
compared with men. In general comment No. 19, the Committee on Economic, Social and
Cultural Rights recognizes that non-contributory pensions will be required in most States
since it is unlikely that everyone will be covered by contributory schemes (para. 4 (b)),
while article 28, paragraph 2 (b) of the Convention on the Rights of Person with Disabilities
provides for social protection for older women, particularly those with disabilities. Since
the old-age pension payable is usually closely linked to earnings during active life, older
women often end up with lower pensions compared with men. Furthermore, older women
are particularly affected by discrimination on the basis of age and sex, which results in a
different mandatory retirement age than that for men. Women should be subject to an
optional retirement age so as to protect older women’s right to continue working if they
wish to and to accumulate pension benefits, where applicable, at par with men. It is a
known fact that many older women care for, and are sometimes the sole caregivers of,
dependent young children, spouses/partners or elderly parents or relatives. The financial
and emotional cost of this unpaid care is rarely recognized.
21. Older women’s right to self-determination and consent with regard to health care are
not always respected. Social services, including long-term care, for older women might be
disproportionately reduced when public expenditure is cut. Post-menopausal, postreproductive
and other age-related and gender-specific physical and mental health
conditions and diseases tend to be overlooked by research, academic studies, public policy
and service provision. Information on sexual health and HIV/AIDS is rarely provided in a
form that is acceptable, accessible and appropriate for older women. Many older women do
not have private health insurance, or are excluded from State-funded schemes because they
did not contribute to a scheme during their working life in the informal sector or providing
unpaid care.
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22. Older women may not be eligible to claim family benefits if they are not the parent
or legal guardian of children in their care.
23. Microcredit and finance schemes usually have age restrictions or other criteria that
prevent older women from accessing them. Many older women, particularly those who are
confined to their homes, are unable to participate in cultural, recreational and community
activities, which leaves them isolated and has a negative impact on their well-being. Often,
not enough attention is given to the requirements for independent living, such as personal
assistance, adequate housing, including accessible housing arrangements and mobility aids.
24. In many countries, the majority of older women live in rural areas where access to
services is even more difficult due to their age and poverty levels. Many older women
receive irregular, insufficient or no remittances from their migrant-worker children. Denial
of their right to water, food and housing is part of the everyday life of many poor, rural
older women. Older women may not be able to afford proper food due to a combination of
factors such as the high price of food and the inadequacy of their income−due to
discrimination with regard to employment−, social security and access to resources. Lack of
access to transportation can prevent older women from accessing social services or
participating in community and cultural activities. Such lack of access may be due to the
fact that older women have low incomes and the inadequacy of public policy in providing
affordable and accessible public transport to meet the needs of older women.
25. Climate change impacts differently on women, especially older women who, due to
their physiological differences, physical ability, age and gender, as well as social norms and
roles and an inequitable distribution of aid and resources relating to social hierarchies, are
particularly disadvantaged in the face of natural disasters. Their limited access to resources
and decision-making processes increases their vulnerability to climate change.
26. Under some statutory and customary laws, women do not have the right to inherit
and administer marital property on the death of their spouse. Some legal systems justify this
by providing widows with other means of economic security, such as support payments
from the deceased’s estate. However, in reality, such provisions are seldom enforced, and
widows are often left destitute. Some laws particularly discriminate against older widows,
and some widows are victims of “property grabbing.”
27. Older women are particularly vulnerable to exploitation and abuse, including
economic abuse, when their legal capacity is deferred to lawyers or family members,
without their consent.
28. The Committee’s general recommendation No. 21 (1994) states that “[p]olygamous
marriage contravenes a woman’s right to equality with men, and can have such serious
emotional and financial consequences for her and her dependants that such marriages ought
to be discouraged and prohibited” (para. 14). Nevertheless, polygamy is still practised in
many States parties, and many women are in polygamous unions. Older wives are often
neglected in polygamous marriages once they are no longer considered to be reproductively
or economically active.
Recommendations
General
29. State parties must recognize that older women are an important resource to society,
and have the obligation to take all appropriate measures, including legislation, to eliminate
discrimination against older women. States parties should adopt gender-sensitive and agespecific
policies and measures, including temporary special measures, in line with article 4,
paragraph 1 of the Convention and general recommendations No. 23 (1997) and No. 25
CEDAW/C/GC/27
6
(2004) of the Committee, to ensure that older women participate fully and effectively in the
political, social, economic, cultural and civil life, and any other field in their societies.
30. States parties have an obligation to ensure the full development and advancement of
women throughout their life cycle in times of both peace and conflict, as well as in the
event of any man-made and/or natural disaster. States parties should therefore ensure that
all legal provisions, policies and interventions aimed at the full development and
advancement of women do not discriminate against older women.
31. States parties’ obligations should take into account the multidimensional nature of
discrimination against women and ensure that the principle of gender equality applies
throughout women’s life cycle, in legislation and in the practical implementation thereof. In
this regard, States parties are urged to repeal or amend existing laws, regulations and
customs that discriminate against older women, and ensure that legislation proscribes
discrimination on the grounds of age and sex.
32. In order to support legal reform and policy formulation, States parties are urged to
collect, analyse and disseminate data disaggregated by age and sex, so as to have
information on the situation of older women, including those living in rural areas, areas of
conflict, belonging to minority groups, and with disabilities. Such data should especially
focus, among other issues, on poverty, illiteracy, violence, unpaid work, including caregiving
to those living with or affected by HIV/AIDS, migration, access to health care,
housing, social and economic benefits and employment.
33. States parties should provide older women with information on their rights and how
to access legal services. They should train the police, judiciary as well as legal aid and
paralegal services on the rights of older women, and sensitize and train public authorities
and institutions on age- and gender-related issues that affect older women. Information,
legal services, effective remedies and reparation must be made equally available and
accessible to older women with disabilities.
34. States parties should enable older women to seek redress for and resolve
infringements of their rights, including the right to administer property, and ensure that
older women are not deprived of their legal capacity on arbitrary or discriminatory grounds.
35. States parties should ensure that climate change and disaster risk-reduction measures
are gender-responsive and sensitive to the needs and vulnerabilities of older women. States
parties should also facilitate the participation of older women in decision-making for
climate change mitigation and adaptation.
Stereotypes
36. States parties have an obligation to eliminate negative stereotyping and modify
social and cultural patterns of conduct that are prejudicial and harmful to older women, so
as to reduce the physical, sexual, psychological, verbal and economic abuse that older
women, including those with disabilities, experience based on negative stereotyping and
cultural practices.
Violence
37. States parties have an obligation to draft legislation recognizing and prohibiting
violence, including domestic, sexual violence and violence in institutional settings, against
older women, including those with disabilities. States parties have an obligation to
investigate, prosecute and punish all acts of violence against older women, including those
committed as a result of traditional practices and beliefs.
CEDAW/C/GC/27
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38. State parties should pay special attention to the violence suffered by older women in
times of armed conflict, the impact of armed conflicts on the lives of older women, and the
contribution that older women can make to the peaceful settlement of conflicts and to
reconstruction processes. States parties should give due consideration to the situation of
older women when addressing sexual violence, forced displacement and the conditions of
refugees during armed conflict. States parties should take into account relevant United
Nations resolutions on women and peace and security when addressing such matters,
including, in particular, Security Council resolutions 1325 (2000), 1820 (2008) and 1889
(2009).
Participation in public life
39. States parties have an obligation to ensure that older women have the opportunity to
participate in public and political life, and hold public office at all levels and that older
women have the necessary documentation to register to vote and run as candidates for
election.
Education
40. States parties have an obligation to ensure equal opportunity in the field of education
for women of all ages, and to ensure that older women have access to adult education and
lifelong learning opportunities as well as to the educational information they need for their
well-being and that of their families.
Work and pension benefits
41. States parties have an obligation to facilitate the participation of older women in
paid work without discrimination based on their age and gender. States parties should
ensure that special attention is paid to addressing problems that older women might face in
their working life, and that they are not forced into early retirement or similar situations.
States parties should also monitor the impact of gender-related pay gaps on older women.
42. States parties have an obligation to ensure that the retirement age in both the public
and private sectors do not discriminate against women. Consequently, States parties have
an obligation to ensure that pension policies are not discriminatory in any manner, even
when women opt to retire early, and that all older women who have been active have access
to adequate pensions. States parties should adopt all appropriate measures, including, where
necessary, temporary special measures, to guarantee such pensions.
43. States parties should ensure that older women, including those who have the
responsibility for the care of children, have access to appropriate social and economic
benefits, such as childcare benefits, as well as access to all necessary support when caring
for elderly parents or relatives.
44. States parties should provide adequate non-contributory pensions, on an equal basis
with men, to all women who have no other pension or insufficient income security, and
State-funded allowances should be made available and accessible to older women,
particularly those living in remote or rural areas.
Health
45. States parties should adopt a comprehensive health-care policy aimed at protecting
the health needs of older women in line with the Committee’s general recommendation No.
24 (1999) on women and health. Such policy should ensure affordable and accessible health
care to all older women through, where appropriate, the elimination of user fees, training of
health workers in geriatric illnesses, provision of medicine to treat age-related chronic and
non-communicable diseases, long-term health and social care, including care that allows for
CEDAW/C/GC/27
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independent living and palliative care. Long-term care provisions should include
interventions promoting behavioural and lifestyle changes to delay the onset of health
problems, such as healthy nutritional practices and an active lifestyle, and affordable access
to health-care services, including screening for and treatment of diseases, in particular those
most prevalent among older women. Health policies must also ensure that health care
provided to older women, including those with disabilities, is based on the free and
informed consent of the person concerned.
46. States parties should adopt special programmes tailored to the physical, mental,
emotional and health needs of older women, with special focus on women belonging to
minorities and women with disabilities, as well as women tasked with caring for
grandchildren and other young family dependants due to the migration of young adults, and
women caring for family members living with or affected by HIV/AIDS.
Economic empowerment
47. States parties have an obligation to eliminate discrimination in all its forms against
older women in economic and social life. All barriers based on age and gender to accessing
agricultural credit and loans should be removed and access to appropriate technology for
older women farmers and small landholders should be ensured. States parties should
provide special support systems and collateral-free microcredit, as well as encourage microentrepreneurship
for older women. Recreational facilities for older women should be
created and outreach services should be provided to older women who are confined to their
homes. States parties should provide affordable and appropriate transportation to enable
older women, including those living in rural areas, to participate in economic and social
life, including community activities.
Social benefits
48. States Parties should take necessary measures to ensure older women have access to
adequate housing that meet their specific needs, and all barriers, architectural and other,
that hinder the mobility of older persons and lead to forced confinement should be
removed. States parties should provide social services that enable older women to remain in
their homes and live independently for as long as possible. Laws and practices that
negatively affect older women's right to housing, land and property should be abolished.
States parties should also protect older women against forced evictions and homelessness.
Rural and other vulnerable older women
49. States parties should ensure that older women are included and represented in rural
and urban development planning processes. States parties should ensure the provision of
affordable water, electricity and other utilities to older women. Policies aimed at increasing
access to safe water and adequate sanitation should ensure that the related technologies are
accessible and do not require undue physical strength.
50. States parties should adopt appropriate gender- and age-sensitive laws and policies
to ensure the protection of older women with refugee status or who are stateless, as well as
those who are internally displaced or are migrant workers.
Marriage and family life
51. States parties have an obligation to repeal all legislation that discriminates against
older women in the area of marriage and in the event of its dissolution, including with
regard to property and inheritance.
52. States parties must repeal all legislation that discriminates against older widows in
respect of property and inheritance, and protect them from land grabbing. They must adopt
CEDAW/C/GC/27
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laws of intestate succession that comply with their obligations under the Convention.
Furthermore, they should take measures to end practices that force older women to marry
against their will, and ensure that succession is not conditional on forced marriage to a
deceased husband’s sibling or any other person.
53. States parties should discourage and prohibit polygamous unions, in accordance
with general recommendation No. 21, and ensure that upon the death of a polygamous
husband, his estate is shared equally among his wives and their respective children.
GE.13-42814
Committee on the Rights of the Child
General comment No. 15 (2013) on the right of the
child to the enjoyment of the highest attainable
standard of health (art. 24)*
* Adopted by the Committee at its sixty-second session (14 January – 1 February 2013).
United Nations CRC/C/GC/15
Convention on the
Rights of the Child
Distr.: General
17 April 2013
Original: English
Please recycle@
CRC/C/GC/15
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Contents
Paragraphs Page
I. Introduction ............................................................................................................. 1–6 3
II. Principles and premises for realizing children’s right to health .............................. 7–22 4
A. The indivisibility and interdependence of children’s rights ............................ 7 4
B. Right to non-discrimination ............................................................................ 8–11 4
C. The best interests of the child ......................................................................... 12–15 5
D. Right to life, survival and development and the determinants
of children’s health ......................................................................................... 16–18 6
E. Right of the child to be heard .......................................................................... 19 7
F. Evolving capacities and the life course of the child ........................................ 20–22 7
III. Normative content of article 24 ............................................................................... 23–70 8
A. Article 24, paragraph 1 ................................................................................... 23–31 8
B. Article 24, paragraph 2 ................................................................................... 32–70 9
IV. Obligations and responsibilities .............................................................................. 71–85 16
A. States parties’ obligations to respect, protect and fulfil ................................. 71–74 16
B. Responsibilities of non-States actors .............................................................. 75–85 17
V. International cooperation ......................................................................................... 86–89 18
VI. Framework for implementation and accountability ................................................. 90–120 19
A. Promoting knowledge of children’s right to health (art. 42) ........................... 93 19
B. Legislative measures ....................................................................................... 94–95 19
C. Governance and coordination ......................................................................... 96–103 20
D. Investing in children’s health .......................................................................... 104–107 21
E. The action cycle .............................................................................................. 108–118 22
F. Remedies for violations of the right to health ................................................. 119–120 24
VII. Dissemination .......................................................................................................... 121 24
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I. Introduction
1. The present general comment is based on the importance of approaching children’s
health from a child-rights perspective that all children have the right to opportunities to
survive, grow and develop, within the context of physical, emotional and social well-being,
to each child’s full potential. Throughout this general comment, “child” refers to an
individual below the age of 18 years, in accordance with article 1 of the Convention on the
Rights of the Child (hereinafter “the Convention’’). Despite the remarkable achievements
in fulfilling children’s rights to health in recent years since the adoption of the Convention,
significant challenges remain. The Committee on the Rights of the Child (hereinafter “the
Committee”) recognizes that most mortality, morbidity and disabilities among children
could be prevented if there were political commitment and sufficient allocation of resources
directed towards the application of available knowledge and technologies for prevention,
treatment and care. The present general comment was prepared with the aim of providing
guidance and support to States parties and other duty bearers to support them in respecting,
protecting and fulfilling children’s right to the enjoyment of the highest attainable standard
of health (hereinafter “children’s right to health”).
2. The Committee interprets children’s right to health as defined in article 24 as an
inclusive right, extending not only to timely and appropriate prevention, health promotion,
curative, rehabilitative and palliative services, but also to a right to grow and develop to
their full potential and live in conditions that enable them to attain the highest standard of
health through the implementation of programmes that address the underlying determinants
of health. A holistic approach to health places the realization of children’s right to health
within the broader framework of international human rights obligations.
3. The Committee addresses this general comment to a range of stakeholders working
in the fields of children’s rights and public health, including policymakers, programme
implementers and activists, as well as parents and children themselves. It is explicitly
generic in order to ensure its relevance to a wide range of children’s health problems, health
systems and the varied contexts that exist in different countries and regions. It focuses
primarily on article 24, paragraphs 1 and 2, and also addresses article 24, paragraph 4.1
Implementation of article 24 must take into account all human rights principles, especially
the guiding principles of the Convention, and must be shaped by evidence-based public
health standards and best practices.
4. In the Constitution of the World Health Organization, States have agreed to regard
health as a state of complete physical, mental and social well-being and not merely the
absence of disease or infirmity.2 This positive understanding of health provides the public
health foundation for the present general comment. Article 24 explicitly mentions primary
health care, an approach to which was defined in the Declaration of Alma-Ata 3 and
reinforced by the World Health Assembly.4 This approach emphasizes the need to eliminate
exclusion and reduce social disparities in health; organize health services around people’s
needs and expectations; integrate health into related sectors; pursue collaborative models of
1 Article 24, paragraph 3, is not covered because a general comment on harmful practices is currently
being developed.
2 Preamble to the Constitution of the World Health Organization (WHO) as adopted by the
International Health Conference, New York, 22 July 1946.
3 Declaration of Alma-Ata, International Conference on Primary Health Care, Alma-Ata, 6–12
September 1978.
4 World Health Assembly, Primary health care including health systems strengthening, document
A62/8.
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policy dialogue; and increase stakeholder participation, including the demand for and
appropriate use of services.
5. Children’s health is affected by a variety of factors, many of which have changed
during the past 20 years and are likely to continue to evolve in the future. This includes the
attention given to new health problems and changing health priorities, such as: HIV/AIDS,
pandemic influenza, non-communicable diseases, importance of mental health care, care of
the new born, and neonatal and adolescent mortality; increased understanding of the factors
that contribute to death, disease and disability in children, including structural determinants,
such as the global economic and financial situation, poverty, unemployment, migration and
population displacements, war and civil unrest, discrimination and marginalization. There is
also a growing understanding of the impact of climate change and rapid urbanization on
children’s health; the development of new technologies, such as vaccines and
pharmaceuticals; a stronger evidence base for effective biomedical, behavioural and
structural interventions, as well as some cultural practices that relate to child-rearing and
have proved to have a positive impact on children.
6. Advances in information and communication technologies have created new
opportunities and challenges to achieve children’s right to health. Despite the additional
resources and technologies that have now become available to the health sector, many
countries still fail to provide universal access to basic children’s health promotion,
prevention and treatment services. A wide range of different duty bearers need to be
involved if children’s right to health is to be fully realized and the central role played by
parents and other caregivers needs to be better recognized. Relevant stakeholders will need
to be engaged, working at national, regional, district and community levels, including
governmental and non-governmental partners, private sector and funding organizations.
States have an obligation to ensure that all duty bearers have sufficient awareness,
knowledge and capacity to fulfil their obligations and responsibilities, and that children’s
capacity is sufficiently developed to enable them to claim their right to health.
II. Principles and premises for realizing children’s right to
health
A. The indivisibility and interdependence of children’s rights
7. The Convention recognizes the interdependence and equal importance of all rights
(civil, political, economic, social and cultural) that enable all children to develop their
mental and physical abilities, personalities and talents to the fullest extent possible. Not
only is children’s right to health important in and of itself, but also the realization of the
right to health is indispensable for the enjoyment of all the other rights in the Convention.
Moreover, achieving children’s right to health is dependent on the realization of many other
rights outlined in the Convention.
B. Right to non-discrimination
8. In order to fully realize the right to health for all children, States parties have an
obligation to ensure that children’s health is not undermined as a result of discrimination,
which is a significant factor contributing to vulnerability. A number of grounds on which
discrimination is proscribed are outlined in article 2 of the Convention, including the
child’s, parent’s or legal guardian’s race, colour, sex, language, religion, political or other
opinion, national, ethnic or social origin, property, disability, birth or other status. These
also include sexual orientation, gender identity and health status, for example HIV status
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and mental health.5 Attention should also be given to any other forms of discrimination that
might undermine children’s health, and the implications of multiple forms of discrimination
should also be addressed.
9. Gender-based discrimination is particularly pervasive, affecting a wide range of
outcomes, from female infanticide/foeticide to discriminatory infant and young child
feeding practices, gender stereotyping and access to services. Attention should be given to
the differing needs of girls and boys, and the impact of gender-related social norms and
values on the health and development of boys and girls. Attention also needs to be given to
harmful gender-based practices and norms of behaviour that are ingrained in traditions and
customs and undermine the right to health of girls and boys.
10. All policies and programmes affecting children’s health should be grounded in a
broad approach to gender equality that ensures young women’s full political participation;
social and economic empowerment; recognition of equal rights related to sexual and
reproductive health; and equal access to information, education, justice and security,
including the elimination of all forms of sexual and gender-based violence.
11. Children in disadvantaged situations and under-served areas should be a focus of
efforts to fulfil children’s right to health. States should identify factors at national and
subnational levels that create vulnerabilities for children or that disadvantage certain groups
of children. These factors should be addressed when developing laws, regulations, policies,
programmes and services for children’s health, and work towards ensuring equity.
C. The best interests of the child
12. Article 3, paragraph 1, of the Convention places an obligation on public and private
social welfare institutions, courts of law, administrative authorities and legislative bodies to
ensure that the best interests of the child are assessed and taken as a primary consideration
in all actions affecting children. This principle must be observed in all health-related
decisions concerning individual children or children as a group. Individual children’s best
interests should be based on their physical, emotional, social and educational needs, age,
sex, relationship with parents and caregivers, and their family and social background, and
after having heard their views according to article 12 of the Convention.
13. The Committee urges States to place children’s best interests at the centre of all
decisions affecting their health and development, including the allocation of resources, and
the development and implementation of policies and interventions that affect the underlying
determinants of their health. For example, the best interests of the child should:
(a) Guide treatment options, superseding economic considerations where
feasible;
(b) Aid the resolution of conflict of interest between parents and health workers;
and
(c) Influence the development of policies to regulate actions that impede the
physical and social environments in which children live, grow and develop.
14. The Committee underscores the importance of the best interests of the child as a
basis for all decision-making with regard to providing, withholding or terminating
5 General comment No. 4 (2003) on adolescent health and development in the context of the
Convention on the Rights of the Child, Official Records of the General Assembly, Fifty-ninth Session,
Supplement No. 41 (A/59/41), annex X, para. 6.
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treatment for all children. States should develop procedures and criteria to provide guidance
to health workers for assessing the best interests of the child in the area of health, in
addition to other formal, binding processes that are in place for determining the child’s best
interests. The Committee in its general comment No. 36 has underlined that adequate
measures to address HIV/AIDS can be undertaken only if the rights of children and
adolescents are fully respected. The child’s best interests should therefore guide the
consideration of HIV/AIDS at all levels of prevention, treatment, care and support.
15. In its general comment No. 4, the Committee underlined the best interests of the
child to have access to appropriate information on health issues.7 Special attention must be
given to certain categories of children, including children and adolescents with
psychosocial disabilities. Where hospitalization or placement in an institution is being
considered, this decision should be made in accordance with the principle of the best
interests of the child, with the primary understanding that it is in the best interests of all
children with disabilities to be cared for, as far as possible, in the community in a family
setting and preferably within their own family with the necessary supports made available
to the family and the child.
D. Right to life, survival and development and the determinants of
children’s health
16. Article 6 highlights the States parties’ obligation to ensure the survival, growth and
development of the child, including the physical, mental, moral, spiritual and social
dimensions of their development. The many risks and protective factors that underlie the
life, survival, growth and development of the child need to be systematically identified in
order to design and implement evidence-informed interventions that address a wide range
of determinants during the life course.
17. The Committee recognizes that a number of determinants need to be considered for
the realization of children’s right to health, including individual factors such as age, sex,
educational attainment, socioeconomic status and domicile; determinants at work in the
immediate environment of families, peers, teachers and service providers, notably the
violence that threatens the life and survival of children as part of their immediate
environment; and structural determinants, including policies, administrative structures and
systems, social and cultural values and norms.8
18. Among the key determinants of children’s health, nutrition and development are the
realization of the mother’s right to health9 and the role of parents and other caregivers. A
significant number of infant deaths occur during the neonatal period, related to the poor
health of the mother prior to, and during, the pregnancy and the immediate post-partum
6 General comment No. 3 (2003) on HIV/AIDS and the rights of the child, Official Records of the
General Assembly, Fifty-ninth Session, Supplement No. 41 (A/59/41), annex IX.
7 General comment No. 4 (2003) on adolescent health and development in the context of the
Convention, Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 41
(A/59/41), annex X, para. 10.
8 See general comment No. 13 (2011) on the right of the child to be free from all forms of violence,
Official Records of the General Assembly, Sixty-seventh Session, Supplement No. 41 (A/67/41), annex
V.
9 See Committee on the Elimination of Discrimination against Women, general recommendation No.
24 (1999) on women and health, Official Records of the General Assembly, Fifty-fourth Session,
Supplement No. 38 (A/54/38/Rev.1), chap. I, sect. A.
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period, and to suboptimal breastfeeding practices. The health and health-related behaviours
of parents and other significant adults have a major impact on children’s health.
E. Right of the child to be heard
19. Article 12 highlights the importance of children’s participation, providing for
children to express their views and to have such views seriously taken into account,
according to age and maturity. 10 This includes their views on all aspects of health
provisions, including, for example, what services are needed, how and where they are best
provided, barriers to accessing or using services, the quality of the services and the attitudes
of health professionals, how to strengthen children’s capacities to take increasing levels of
responsibility for their own health and development, and how to involve them more
effectively in the provision of services, as peer educators. States are encouraged to conduct
regular participatory consultations, which are adapted to the age and maturity of the child,
and research with children, and to do this separately with their parents, in order to learn
about their health challenges, developmental needs and expectations as a contribution to the
design of effective interventions and health programmes.
F. Evolving capacities and the life course of the child
20. Childhood is a period of continuous growth from birth to infancy, through the
preschool age to adolescence. Each phase is significant as important developmental
changes occur in terms of physical, psychological, emotional and social development,
expectations and norms. The stages of the child’s development are cumulative and each
stage has an impact on subsequent phases, influencing the children’s health, potential, risks
and opportunities. Understanding the life course is essential in order to appreciate how
health problems in childhood affect public health in general.
21. The Committee recognizes that children’s evolving capacities have a bearing on
their independent decision-making on their health issues. It also notes that there are often
serious discrepancies regarding such autonomous decision-making, with children who are
particularly vulnerable to discrimination often less able to exercise this autonomy. It is
therefore essential that supportive policies are in place and that children, parents and health
workers have adequate rights-based guidance on consent, assent and confidentiality.
22. To respond and understand children’s evolving capacities and the different health
priorities along the life cycle, data and information that are collected and analysed should
be disaggregated by age, sex, disability, socioeconomic status and sociocultural aspects and
geographic location, in accordance with international standards. This makes it possible to
plan, develop, implement and monitor appropriate policies and interventions that take into
consideration the changing capacities and needs of children over time, and that help to
provide relevant health services for all children.
10 See general comment No. 12 (2009) on the right of the child to be heard, Official Records of the
General Assembly, Sixty-fifth Session, Supplement No. 41 (A/65/41), annex IV.
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III. Normative content of article 24
A. Article 24, paragraph 1
“States parties recognize the right of the child to the enjoyment of the highest
attainable standard of health”
23. The notion of “the highest attainable standard of health” takes into account both the
child’s biological, social, cultural and economic preconditions and the State’s available
resources, supplemented by resources made available by other sources, including nongovernmental
organizations, the international community and the private sector.
24. Children’s right to health contains a set of freedoms and entitlements. The freedoms,
which are of increasing importance in accordance with growing capacity and maturity,
include the right to control one’s health and body, including sexual and reproductive
freedom to make responsible choices. The entitlements include access to a range of
facilities, goods, services and conditions that provide equality of opportunity for every child
to enjoy the highest attainable standard of health.
“and to facilities for the treatment of illness and rehabilitation of health”
25. Children are entitled to quality health services, including prevention, promotion,
treatment, rehabilitation and palliative care services. At the primary level, these services
must be available in sufficient quantity and quality, functional, within the physical and
financial reach of all sections of the child population, and acceptable to all. The health-care
system should not only provide health-care support but also report the information to
relevant authorities for cases of rights violations and injustice. Secondary and tertiary level
care should also be made available, to the extent possible, with functional referral systems
linking communities and families at all levels of the health system.
26. Comprehensive primary health-care programmes should be delivered alongside
proven community-based efforts, including preventive care, treatment of specific diseases
and nutritional interventions. Interventions at the community level should include the
provision of information, services and commodities as well as prevention of illness and
injury through, e.g., investment in safe public spaces, road safety and education on injury,
accident and violence prevention.
27. States should ensure an appropriately trained workforce of sufficient size to support
health services for all children. Adequate regulation, supervision, remuneration and
conditions of service are also required, including for community health workers. Capacity
development activities should ensure that service providers work in a child-sensitive
manner and do not deny children any services to which they are entitled by law.
Accountability mechanisms should be incorporated to ensure that quality assurance
standards are maintained.
“States parties shall strive to ensure that no child is deprived of his or her right of
access to such health care services”
28. Article 24, paragraph 1, imposes a strong duty of action by States parties to ensure
that health and other relevant services are available and accessible to all children, with
special attention to under-served areas and populations. It requires a comprehensive
primary health-care system, an adequate legal framework and sustained attention to the
underlying determinants of children’s health.
29. Barriers to children’s access to health services, including financial, institutional and
cultural barriers, should be identified and eliminated. Universal free birth registration is a
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prerequisite and social protection interventions, including social security such as child
grants or subsidies, cash transfers and paid parental leave, should be implemented and seen
as complementary investments.
30. Health-seeking behaviour is shaped by the environment in which it takes place,
including, inter alia, the availability of services, levels of health knowledge, life skills and
values. States should seek to ensure an enabling environment to encourage appropriate
health-seeking behaviour by parents and children.
31. In accordance with their evolving capacities, children should have access to
confidential counselling and advice without parental or legal guardian consent, where this is
assessed by the professionals working with the child to be in the child’s best interests.
States should clarify the legislative procedures for the designation of appropriate caregivers
for children without parents or legal guardians, who can consent on the child’s behalf or
assist the child in consenting, depending on the child’s age and maturity. States should
review and consider allowing children to consent to certain medical treatments and
interventions without the permission of a parent, caregiver, or guardian, such as HIV testing
and sexual and reproductive health services, including education and guidance on sexual
health, contraception and safe abortion.
B. Article 24, paragraph 2
32. In accordance with article 24, paragraph 2, States should put in place a process for
identifying and addressing other issues relevant to children’s right to health. This requires,
inter alia, an in-depth analysis of the current situation in terms of priority health problems
and responses, and the identification and implementation of evidence-informed
interventions and policies that respond to key determinants and health problems, in
consultation with children when appropriate.
Article 24, paragraph 2 (a). “To diminish infant and child mortality”
33. States have an obligation to reduce child mortality. The Committee urges particular
attention to neonatal mortality, which constitutes an increasing proportion of under-5
mortality. Additionally, States parties should also address adolescent morbidity and
mortality, which is generally under-prioritized.
34. Interventions should include attention to still births, pre-term birth complications,
birth asphyxia, low birth weight, mother-to-child transmission of HIV and other sexually
transmitted infections, neonatal infections, pneumonia, diarrhoea, measles, under- and
malnutrition, malaria, accidents, violence, suicide and adolescent maternal morbidity and
mortality. Strengthening health systems to provide such interventions to all children in the
context of the continuum of care for reproductive, maternal, newborn and children’s health,
including screening for birth defects, safe delivery services and care for the newborn are
recommended. Maternal and perinatal mortality audits should be conducted regularly for
the purposes of prevention and accountability.
35. States should put particular emphasis on scaling up simple, safe and inexpensive
interventions that have proven to be effective, such as community-based treatments for
pneumonia, diarrhoeal disease and malaria, and pay particular attention to ensuring full
protection and promotion of breastfeeding practices.
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Article 24, paragraph 2 (b). “To ensure the provision of necessary medical assistance
and health care to all children with emphasis on the development of primary health
care”
36. States should prioritize universal access for children to primary health-care services
provided as close as possible to where children and their families live, particularly in
community settings. While the exact configuration and content of services will vary from
country to country, in all cases effective health systems will be required, including: a robust
financing mechanism; a well-trained and adequately paid workforce; reliable information
on which to base decisions and policies; well-maintained facilities and logistics systems to
deliver quality medicines and technologies; and strong leadership and governance. Healthservice
provision within schools provides an important opportunity for health promotion, to
screen for illness, and increases the accessibility of health services for in-school children.
37. Recommended packages of services should be used, for example the Essential
Interventions, Commodities and Guidelines for Reproductive, Maternal, Newborn and
Child Health.11 States have an obligation to make all essential medicines on the World
Health Organization Model Lists of Essential Medicines, including the list for children (in
paediatric formulations where possible) available, accessible and affordable.
38. The Committee is concerned by the increase in mental ill-health among adolescents,
including developmental and behavioural disorders; depression; eating disorders; anxiety;
psychological trauma resulting from abuse, neglect, violence or exploitation; alcohol,
tobacco and drug use; obsessive behaviour, such as excessive use of and addiction to the
Internet and other technologies; and self-harm and suicide. There is growing recognition of
the need for increased attention for behavioural and social issues that undermine children’s
mental health, psychosocial wellbeing and emotional development. The Committee
cautions against over-medicalization and institutionalization, and urges States to undertake
an approach based on public health and psychosocial support to address mental ill-health
among children and adolescents and to invest in primary care approaches that facilitate the
early detection and treatment of children’s psychosocial, emotional and mental problems.
39. States have the obligation to provide adequate treatment and rehabilitation for
children with mental health and psychosocial disorders while abstaining from unnecessary
medication. The 2012 resolution of the World Health Assembly on the global burden of
mental health disorders and the need for a comprehensive coordinated response from health
and social sectors at the country level12 notes that there is increasing evidence of the
effectiveness and cost-effectiveness of interventions to promote mental health and prevent
mental disorders, particularly in children. The Committee strongly encourages States to
scale up these interventions by mainstreaming them through a range of sectoral policies and
programmes, including health, education and protection (criminal justice), with the
involvement of families and communities. Children at risk because of their family and
social environments require special attention in order to enhance their coping and life skills
and promote protective and supportive environments.
40. There is a need to recognize the particular challenges to children’s health for
children affected by humanitarian emergencies, including those resulting in large-scale
displacements due to natural or man-made disasters. All possible measures should be taken
to ensure that children have uninterrupted access to health services, to (re)unite them with
their families and to protect them not only with physical support, such as food and clean
11 The Partnership for Maternal, Newborn and Child Health, A Global Review of the Key Interventions
Related to Reproductive, Maternal, Newborn and Child Health (Geneva, 2011).
12 Resolution WHA65.4, adopted at the Sixty-fifth World Health Assembly on 25 May 2012.
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water, but also to encourage special parental or other psychosocial care to prevent or
address fear and traumas.
Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within
the framework of primary health care, through, inter alia, the application of readily
available technology and through the provision of adequate nutritious foods and clean
drinking-water, taking into consideration the dangers and risks of environmental
pollution”
(a) The application of readily available technology
41. As new, proven technologies in children’s health, including drugs, equipment and
interventions, become available, States should introduce them into policies and services.
Mobile arrangements and community-based efforts can substantially reduce some risks and
should be made universally available and these include: immunization against the common
childhood diseases; growth and developmental monitoring, especially in early childhood;
vaccination against human papillomavirus for girls; tetanus toxoid injections for pregnant
women; access to oral rehydration therapy and zinc supplementation for diarrhoea
treatment; essential antibiotics and antiviral drugs; micronutrient supplements, such as
vitamins A and D, iodized salt and iron supplements; and condoms. Health workers should
advise parents how they can access and administer these simple technologies as required.
42. The private sector, which includes business enterprises and not-for-profit
organizations that impact on health, is taking an increasingly important role in the
development and refinement of technology, drugs, equipment, interventions and processes
that can contribute to significant advances in children’s health. States should ensure that
benefits reach all children who need them. States can also encourage public-private
partnerships and sustainability initiatives that can increase access and affordability of health
technology.
(b) The provision of adequate nutritious foods
43. Measures for fulfilling States’ obligations to ensure access to nutritionally adequate,
culturally appropriate and safe food13 and to combat malnutrition will need to be adopted
according to the specific context. Effective direct nutrition interventions for pregnant
women include addressing anaemia and folic acid and iodine deficiency and providing
calcium supplementation. Prevention and management of pre-eclampsia and eclampsia,
should be ensured for all women of reproductive age to benefit their health and ensure
healthy foetal and infant development.
44. Exclusive breastfeeding for infants up to 6 months of age should be protected and
promoted and breastfeeding should continue alongside appropriate complementary foods
preferably until two years of age, where feasible. States’ obligations in this area are defined
in the “protect, promote and support” framework, adopted unanimously by the World
Health Assembly.14 States are required to introduce into domestic law, implement and
enforce internationally agreed standards concerning children’s right to health, including the
International Code on Marketing of Breast-milk Substitutes and the relevant subsequent
World Health Assembly resolutions, as well as the World Health Organization Framework
13 See International Covenant on Economic, Social and Cultural Rights, art. 11, and Committee on
Economic, Social and Cultural Rights, general comment No. 12 (1999) on the right to adequate food,
Official Records of the Economic and Social Council, 2011, Supplement No. 2 (E/2000/22), annex V.
14 See WHO and United Nations Children’s Fund (UNICEF), Global Strategy for Infant and Young
Child Feeding (Geneva, 2003).
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Convention on Tobacco Control. Special measures should be taken to promote community
and workplace support for mothers in relation to pregnancy and breastfeeding and feasible
and affordable childcare services; and compliance with the International Labour
Organization Convention No. 183 (2000) concerning the revision of the Maternity
Protection Convention (Revised), 1952.
45. Adequate nutrition and growth monitoring in early childhood are particularly
important. Where necessary, integrated management of severe acute malnutrition should be
expanded through facility and community-based interventions, as well as treatment of
moderate acute malnutrition, including therapeutic feeding interventions.
46. School feeding is desirable to ensure all pupils have access to a full meal every day,
which can also enhance children’s attention for learning and increase school enrolment. The
Committee recommends that this be combined with nutrition and health education,
including setting up school gardens and training teachers to improve children’s nutrition
and healthy eating habits.
47. States should also address obesity in children, as it is associated with hypertension,
early markers of cardiovascular disease, insulin resistance, psychological effects, a higher
likelihood of adult obesity, and premature death. Children’s exposure to “fast foods” that
are high in fat, sugar or salt, energy-dense and micronutrient-poor, and drinks containing
high levels of caffeine or other potentially harmful substances should be limited. The
marketing of these substances – especially when such marketing is focused on children –
should be regulated and their availability in schools and other places controlled.
(c) The provision of clean drinking water
48. Safe and clean drinking water and sanitation are essential for the full enjoyment of
life and all other human rights.15 Government departments and local authorities responsible
for water and sanitation should recognize their obligation to help realize children’s right to
health, and actively consider child indicators on malnutrition, diarrhoea and other waterrelated
diseases and household size when planning and carrying out infrastructure
expansion and the maintenance of water services, and when making decisions on amounts
for free minimum allocation and service disconnections. States are not exempted from their
obligations, even when they have privatized water and sanitation.
(d) Environmental pollution
49. States should take measures to address the dangers and risks that local
environmental pollution poses to children’s health in all settings. Adequate housing that
includes non-dangerous cooking facilities, a smoke-free environment, appropriate
ventilation, effective management of waste and the disposal of litter from living quarters
and the immediate surroundings, the absence of mould and other toxic substances, and
family hygiene are core requirements to a healthy upbringing and development. States
should regulate and monitor the environmental impact of business activities that may
compromise children’s right to health, food security and access to safe drinking water and
to sanitation.
50. The Committee draws attention to the relevance of the environment, beyond
environmental pollution, to children’s health. Environmental interventions should, inter alia,
address climate change, as this is one of the biggest threats to children’s health and
exacerbates health disparities. States should, therefore, put children’s health concerns at the
centre of their climate change adaptation and mitigation strategies.
15 General Assembly resolution 64/292 on the human right to water and sanitation.
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Article 24, paragraph 2 (d). “To ensure appropriate pre-natal and post-natal health
care for mothers”
51. The Committee notes that preventable maternal mortality and morbidity constitute
grave violations of the human rights of women and girls and pose serious threats to their
own and their children’s right to health. Pregnancy and child birth are natural processes,
with known health risks that are susceptible to both prevention and therapeutic responses, if
identified early. Risk situations can occur during pregnancy, delivery and the ante- and
postnatal periods and have both short- and long-term impact on the health and well-being of
both mother and child.
52. The Committee encourages States to adopt child-sensitive health approaches
throughout different periods of childhood such as (a) the baby-friendly hospital initiative16
which protects, promotes and supports rooming-in and breastfeeding; (b) child-friendly
health policies focused on training health workers to provide quality services in a way that
minimizes the fear, anxiety and suffering of children and their families; and (c) adolescentfriendly
health services which require health practitioners and facilities to be welcoming
and sensitive to adolescents, to respect confidentiality and to deliver services that are
acceptable to adolescents.
53. The care that women receive before, during and after their pregnancy has profound
implications for the health and development of their children. Fulfilling the obligation to
ensure universal access to a comprehensive package of sexual and reproductive health
interventions should be based on the concept of a continuum of care from pre-pregnancy,
through pregnancy, childbirth and throughout the post-partum period. Timely and goodquality
care throughout these periods provides important opportunities to prevent the
intergenerational transmission of ill-health and has a high impact on the health of the child
throughout the life course.
54. The interventions that should be made available across this continuum include, but
are not limited to: essential health prevention and promotion, and curative care, including
the prevention of neonatal tetanus, malaria in pregnancy and congenital syphilis; nutritional
care; access to sexual and reproductive health education, information and services; health
behaviour education (e.g. relating to smoking and substance use); birth preparedness; early
recognition and management of complications; safe abortion services and post-abortion
care; essential care at childbirth; and prevention of mother-to-child HIV transmission, and
care and treatment of HIV-infected women and infants. Maternal and newborn care
following delivery should ensure no unnecessary separation of the mother from her child.
55. The Committee recommends that social protection interventions include ensuring
universal coverage or financial access to care, paid parental leave and other social security
benefits, and legislation to restrict the inappropriate marketing and promotion of breastmilk
substitutes.
56. Given the high rates of pregnancy among adolescents globally and the additional
risks of associated morbidity and mortality, States should ensure that health systems and
services are able to meet the specific sexual and reproductive health needs of adolescents,
including family planning and safe abortion services. States should work to ensure that girls
can make autonomous and informed decisions on their reproductive health. Discrimination
based on adolescent pregnancy, such as expulsion from schools, should be prohibited, and
opportunities for continuous education should be ensured.
16 UNICEF/WHO, Baby-Friendly Hospital Initiative (1991).
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57. Taking into account that boys and men are crucial to planning and ensuring healthy
pregnancies and deliveries, States should integrate education, awareness and dialogue
opportunities for boys and men into their policies and plans for sexual, reproductive and
children’s health services.
Article 24, paragraph 2 (e). “To ensure that all segments of society, in particular
parents and children, are informed, have access to education and are supported in the
use of basic knowledge of children’s health and nutrition, the advantages of
breastfeeding, hygiene and environmental sanitation and the prevention of accidents”
58. The obligations under this provision include providing health-related information
and support in the use of this information. Health-related information should be physically
accessible, understandable and appropriate to children’s age and educational level.
59. Children require information and education on all aspects of health to enable them to
make informed choices in relation to their lifestyle and access to health services.
Information and life skills education should address a broad range of health issues,
including: healthy eating and the promotion of physical activity, sports and recreation;
accident and injury prevention; sanitation, hand washing and other personal hygiene
practices; and the dangers of alcohol, tobacco and psychoactive substance use. Information
and education should encompass appropriate information about children’s right to health,
the obligations of Governments, and how and where to access health information and
services, and should be provided as a core part of the school curriculum, as well as through
health services and in other settings for children who are not in school. Materials providing
information about health should be designed in collaboration with children and
disseminated in a wide range of public settings.
60. Sexual and reproductive health education should include self-awareness and
knowledge about the body, including anatomical, physiological and emotional aspects, and
should be accessible to all children, girls and boys. It should include content related to
sexual health and well-being, such as information about body changes and maturation
processes, and designed in a manner through which children are able to gain knowledge
regarding reproductive health and the prevention of gender-based violence, and adopt
responsible sexual behaviour.
61. Information about children’s health should be provided to all parents individually or
in groups, the extended family and other caregivers through different methods, including
health clinics, parenting classes, public information leaflets, professional bodies,
community organizations and the media.
Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents
and family planning education and services”
(a) Preventive health care
62. Prevention and health promotion should address the main health challenges facing
children within the community and the country as a whole. These challenges include
diseases and other health challenges, such as accidents, violence, substance abuse and
psychosocial and mental health problems. Preventive health care should address
communicable and non-communicable diseases and incorporate a combination of
biomedical, behavioural and structural interventions. Preventing non-communicable
diseases should start early in life through the promotion and support of healthy and nonviolent
lifestyles for pregnant women, their spouses/partners and young children.
63. Reducing the burden of child injuries requires strategies and measures to reduce the
incidence of drowning, burns and other accidents. Such strategies and measures should
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include legislation and enforcement; product and environmental modification; supportive
home visits and promotion of safety features; education, skills development and behaviour
change; community-based projects; and pre-hospital and acute care, as well as
rehabilitation. Efforts to reduce road traffic accidents should include legislating for the use
of seatbelts and other safety devices, ensuring access to safe transport for children and
according them due consideration in road planning and traffic control. The support of the
related industry and the media is essential in this respect.
64. Recognizing violence as a significant cause of mortality and morbidity in children,
particularly adolescents, the Committee emphasizes the need to create an environment that
protects children from violence and encourages their participation in attitudinal and
behavioural changes at home, in schools and in public spaces; to support parents and
caregivers in healthy child-rearing; and to challenge attitudes which perpetuate the
tolerance and condoning of violence in all forms, including by regulating the depiction of
violence by mass media.
65. States should protect children from solvents, alcohol, tobacco and illicit substances,
increase the collection of relevant evidence and take appropriate measures to reduce the use
of such substances among children. Regulation of the advertising and sale of substances
harmful to children’s health and of the promotion of such items in places where children
congregate, as well as in media channels and publications that are accessed by children are
recommended.
66. The Committee encourages States parties that have not yet done so to ratify the
international drug control conventions17 and the World Health Organization Framework
Convention on Tobacco Control. The Committee underscores the importance of adopting a
rights-based approach to substance use and recommends that, where appropriate, harm
reduction strategies should be employed to minimize the negative health impacts of
substance abuse.
(b) Guidance for parents
67. Parents are the most important source of early diagnosis and primary care for small
children, and the most important protective factor against high-risk behaviours in
adolescents, such as substance use and unsafe sex. Parents also play a central role in
promoting healthy child development, protecting children from harm due to accidents,
injuries and violence and mitigating the negative effects of risk behaviours. Children’s
socialization processes, which are crucial for understanding and adjusting to the world in
which they grow up, are strongly influenced by their parents, extended family and other
caregivers. States should adopt evidence-based interventions to support good parenting,
including parenting skills education, support groups and family counselling, in particular
for families experiencing children’s health and other social challenges.
68. In the light of the impact of corporal punishment on children’s health, including fatal
and non-fatal injury and the psychological and emotional consequences, the Committee
reminds States of their obligation to take all appropriate legislative, administrative, social
and educational measures to eliminate corporal punishment and other cruel or degrading
forms of punishment in all settings, including the home.18
17 Single Convention on Narcotic Drugs, 1961; Convention on Psychotropic Substances, 1971; United
Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.
18 General comment No. 8 (2006) on the right of the child to protection from corporal punishment and
other cruel or degrading forms of punishment, Official Records of the General Assembly, Sixty-third
Session, Supplement No. 41 (A/63/41), annex II.
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(c) Family planning
69. Family planning services should be situated within comprehensive sexual and
reproductive health services and should encompass sexuality education, including
counselling. They can be considered part of the continuum of services described in article
24, paragraph 2 (d), and should be designed to enable all couples and individuals to make
sexual and reproductive decisions freely and responsibly, including the number, spacing
and timing of their children, and to give them the information and means to do so. Attention
should be given to ensuring confidential, universal access to goods and services for both
married and unmarried female and male adolescents. States should ensure that adolescents
are not deprived of any sexual and reproductive health information or services due to
providers’ conscientious objections.
70. Short-term contraceptive methods such as condoms, hormonal methods and
emergency contraception should be made easily and readily available to sexually active
adolescents. Long-term and permanent contraceptive methods should also be provided. The
Committee recommends that States ensure access to safe abortion and post-abortion care
services, irrespective of whether abortion itself is legal.
IV. Obligations and responsibilities
A. State parties’ obligations to respect, protect and fulfil
71. States have three types of obligations relating to human rights, including children’s
right to health: to respect freedoms and entitlements, to protect both freedoms and
entitlements from third parties or from social or environmental threats, and to fulfil the
entitlements through facilitation or direct provision. In accordance with article 4 of the
Convention, States parties shall fulfil the entitlements contained in children’s right to health
to the maximum extent of their available resources and, where needed, within the
framework of international cooperation.
72. All States, regardless of their level of development, are required to take immediate
action to implement these obligations as a matter of priority and without discrimination of
any kind. Where the available resources are demonstrably inadequate, States are still
required to undertake targeted measures to move as expeditiously and effectively as
possible towards the full realization of children’s right to health. Irrespective of resources,
States have the obligation not to take any retrogressive steps that could hamper the
enjoyment of children’s right to health.
73. The core obligations, under children’s right to health, include:
(a) Reviewing the national and subnational legal and policy environment and,
where necessary, amending laws and policies;
(b) Ensuring universal coverage of quality primary health services, including
prevention, health promotion, care and treatment services, and essential drugs;
(c) Providing an adequate response to the underlying determinants of children’s
health; and
(d) Developing, implementing, monitoring and evaluating policies and budgeted
plans of actions that constitute a human rights-based approach to fulfilling children’s right
to health.
74. States should demonstrate their commitment to progressive fulfilment of all
obligations under article 24, prioritizing this even in the context of political or economic
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crisis or emergency situations. This requires that children’s health and related policies,
programmes and services be planned, designed, financed and implemented in a sustainable
manner.
B. Responsibilities of non-State actors
75. The State is responsible for realizing children’s right to health regardless of whether
or not it delegates the provision of services to non-State actors. In addition to the State, a
wide range of non-State actors who provide information and services related to children’s
health and its underlying determinants have specific responsibilities and impact in this
regard.
76. States’ obligations include a duty to promote awareness of non-State actors’
responsibilities and to ensure that all non-State actors recognize, respect and fulfil their
responsibilities to the child, applying due diligence procedures where necessary.
77. The Committee calls on all non-State actors engaged in health promotion and
services, especially the private sector, including the pharmaceutical and health-technology
industry as well as the mass media and health service providers, to act in compliance with
the provisions of the Convention and to ensure compliance by any partners who deliver
services on their behalf. Such partners include international organizations, banks, regional
financial institutions, global partnerships, the private sector (private foundations and funds),
donors and any other entities providing services or financial support to children’s health,
particularly in humanitarian emergencies or politically unstable situations.
1. Responsibilities of parents and other caregivers
78. The responsibilities of parents and other caregivers are expressly referred to in
several provisions of the Convention. Parents should fulfil their responsibilities while
always acting in the best interests of the child, if necessary with the support of the State.
Taking the child’s evolving capacity into account, parents and caregivers should nurture,
protect and support children to grow and develop in a healthy manner. Although not
explicit in article 24, paragraph 2 (f), the Committee understands any reference to parents to
also include other caregivers.
2. Non-State service providers and other non-State actors
(a) Non-State service providers
79. All health service providers, including non-State actors, must incorporate and apply
to the design, implementation and evaluation of their programmes and services all relevant
provisions of the Convention, as well as the criteria of availability, accessibility,
acceptability and quality, as described in chapter VI, section E, of the present general
comment.
(b) Private sector
80. All business enterprises have an obligation of due diligence with respect to human
rights, which include all rights enshrined under the Convention. States should require
businesses to undertake children’s rights due diligence. This will ensure that business
enterprises identify, prevent and mitigate their negative impact on children’s right to health
including across their business relationships and within any global operations. Large
business enterprises should be encouraged and, where appropriate, required to make public
their efforts to address their impact on children’s rights.
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81. Among other responsibilities and in all contexts, private companies should: refrain
from engaging children in hazardous labour while ensuring they comply with the minimum
age for child labour; comply with the International Code of Marketing of Breast-milk
Substitutes and the relevant subsequent World Health Assembly resolutions; limit
advertisement of energy-dense, micronutrient-poor foods, and drinks containing high levels
of caffeine or other substances potentially harmful to children; and refrain from the
advertisement, marketing and sale to children of tobacco, alcohol and other toxic
substances or the use of child images.
82. The Committee acknowledges the profound impact of the pharmaceutical sector on
the health of children and calls on pharmaceutical companies to adopt measures towards
enhancing access to medicines for children, paying particular attention to the Human Rights
Guidelines for Pharmaceutical Companies in relation to Access to Medicines.19 At the same
time, States should ensure that pharmaceutical companies monitor the use, and refrain from
promoting excessive prescription and use of, drugs and medicines on children. Intellectual
property rights should not be applied in ways that cause necessary medicines or goods to be
unaffordable for the poor.
83. Private health insurance companies should ensure that they do not discriminate
against pregnant women, children or mothers on any prohibited grounds and that they
promote equality through partnerships with State health insurance schemes based on the
principle of solidarity and ensuring that inability to pay does not restrict access to services.
(c) Mass and social media
84. Article 17 of the Convention delineates the responsibilities of mass media
organizations. In the context of health, these can be further expanded to include promoting
health and healthy lifestyles among children; providing free advertising space for health
promotion; ensuring the privacy and confidentiality of children and adolescents; promoting
access to information; not producing communication programmes and material that are
harmful to child and general health; and not perpetuating health-related stigma.
(d) Researchers
85. The Committee underscores the responsibility of entities, including academics,
private companies and others, undertaking research involving children to respect the
principles and provisions of the Convention and the International Ethical Guidelines for
Biomedical Research Involving Human Subjects.20 The Committee reminds researchers that
the best interests of the child shall always prevail over the interest of general society or
scientific advancement.
V. International cooperation
86. States parties to the Convention have obligations not only to implement children’s
right to health within their own jurisdiction, but also to contribute to global implementation
through international cooperation. Article 24, paragraph 4, requires States and inter-State
agencies to pay particular attention to the children’s health priorities among the poorest
parts of the population and in developing States.
19 See also Human Rights Council resolution 15/22 on the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health.
20 Council for International Organizations of Medical Sciences/WHO, Geneva, 1993.
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87. The Convention should guide all international activities and programmes of donor
and recipient States related directly or indirectly to children’s health. It requires partner
States to identify the major health problems affecting children, pregnant women and
mothers in recipient countries and to address them in accordance with the priorities and
principles established by article 24. International cooperation should support State-led
health systems and national health plans.
88. States have individual and joint responsibility, including through United Nations
mechanisms, to cooperate in providing disaster relief and humanitarian assistance in times
of emergency. In these cases, States should consider prioritizing efforts to realize children’s
right to health, including through appropriate international medical aid; distribution and
management of resources, such as safe and potable water, food and medical supplies; and
financial aid to the most vulnerable or marginalized children.
89. The Committee reminds States to meet the United Nations target of allocating 0.7
per cent of gross national income to international development assistance, as financial
resources have important implications for the realization of children’s right to health in
resource-limited States. In order to ensure the highest impact, States and inter-State
agencies are encouraged to apply the Paris Principles on Aid Effectiveness and the
principles of the Accra Agenda for Action.
VI. Framework for implementation and accountability
90. Accountability is at the core of the enjoyment of children’s right to health. The
Committee reminds the State party of their obligations to ensure that relevant government
authorities and service providers are held accountable for maintaining the highest possible
standards of children’s health and health care until they reach 18 years of age.
91. States should provide an environment that facilitates the discharge of all duty
bearers’ obligations and responsibilities with respect to children’s right to health and a
regulatory framework within which all actors should operate and can be monitored,
including by mobilizing political and financial support for children’s health-related issues
and building the capacity of duty bearers to fulfil their obligations and children to claim
their right to health.
92. With the active engagement of the Government, parliament, communities, civil
society and children, national accountability mechanisms must be effective and transparent
and aim to hold all actors responsible for their actions. They should, inter alia, devote
attention to the structural factors affecting children’s health including laws, policies and
budgets. Participatory tracking of financial resources and their impact on children’s health
is essential for State accountability mechanisms.
A. Promoting knowledge of children’s right to health (art. 42)
93. The Committee encourages States to adopt and implement a comprehensive strategy
to educate children, their caregivers, policymakers, politicians and professionals working
with children about children’s right to health, and the contributions they can make to its
realization.
B. Legislative measures
94. The Convention requires States parties to adopt all appropriate legislative,
administrative and other measures for the implementation of children’s right to health
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without discrimination. National laws should place a statutory obligation on the State to
provide the services, programmes, human resources and infrastructure needed to realize
children’s right to health and provide a statutory entitlement to essential, child sensitive,
quality health and related services for pregnant women and children irrespective of their
ability to pay. Laws should be reviewed to assess any potential discriminatory effect or
impediment to realizing children’s right to health and repealed where required. Where
necessary, international agencies and donors should provide development aid and technical
assistance for such legal reforms.
95. Legislation should fulfil a number of additional functions in the realization of
children’s right to health by defining the scope of the right and recognizing children as
rights-holders; clarifying the roles and responsibilities of all duty bearers; clarifying what
services children, pregnant women and mothers are entitled to claim; and regulating
services and medications to ensure that they are of good quality and cause no harm. States
must ensure that adequate legislative and other safeguards exist to protect and promote the
work of human rights defenders working on children’s right to health.
C. Governance and coordination
96. States are encouraged to ratify and implement international and regional human
rights instruments relevant to children’s health and to report on all aspects of children’s
health accordingly.
97. Sustainability in children’s health policy and practice requires a long-term national
plan that is supported and entrenched as a national priority. The Committee recommends
that States establish and make use of a comprehensive and cohesive national coordinating
framework on children’s health, built upon the principles of the Convention, to facilitate
cooperation between government ministries and different levels of government as well as
interaction with civil society stakeholders, including children. Given the high number of
government agencies, legislative branches and ministries working on children’s healthrelated
policies and services at different levels, the Committee recommends that the roles
and responsibilities of each be clarified in the legal and regulatory framework.
98. Particular attention must be given to identifying and prioritizing marginalized and
disadvantaged groups of children, as well as children who are at risk of any form of
violence and discrimination. All activities should be fully costed, financed and made visible
within the national budget.
99. A “child health in all policies” strategy should be used, highlighting the links
between children’s health and its underlying determinants. Every effort should be made to
remove bottlenecks that obstruct transparency, coordination, partnership and accountability
in the provision of services affecting children’s health.
100. While decentralization is required to meet the particular needs of localities and
sectors, this does not reduce the direct responsibility of the central or national Government
to fulfil its obligations to all children within its jurisdiction. Decisions about allocations to
the various levels of services and geographical areas should reflect the core elements of the
approach to primary health care.
101. States should engage all sectors of society, including children, in implementation of
children’s right to health. The Committee recommends that such engagement include: the
creation of conditions conducive to the continual growth, development and sustainability of
civil society organizations, including grass-roots and community-level groups; active
facilitation of their involvement in the development, implementation and evaluation of
children’s health policy and services; and provision of appropriate financial support or
assistance in obtaining financial support.
CRC/C/GC/15
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1. The role of parliaments in national accountability
102. In children’s health-related issues, parliaments have the responsibility to legislate,
ensuring transparency and inclusiveness, and encourage continued public debate and a
culture of accountability. They should create a public platform for reporting and debating
performance and promoting public participation in independent review mechanisms. They
should also hold the executive accountable for implementing the recommendations
emerging from independent reviews and ensure that the results of the reviews inform
subsequent national plans, laws, policies, budgets and further accountability measures.
2. The role of national human rights institutions in national accountability
103. National human rights institutions have an important role to play in reviewing and
promoting accountability, providing children with relief for violations of their right to
health and advocating systemic change for the realization of that right. The Committee
recalls its general comment No. 2, and reminds States that the mandate of children’s
commissioners or children’s ombudsmen should include ensuring the right to health, and
the mandate holders should be well-resourced and independent from the Government.21
D. Investing in children’s health
104. In their decisions about budget allocation and spending, States should strive to
ensure availability, accessibility, acceptability and quality of essential children’s health
services for all, without discrimination.
105. States should continually assess the impact of macroeconomic policy decisions on
children’s right to health, particularly children in vulnerable situations, prevent any
decisions that may compromise children’s rights, and apply the “best interests” principle
when making such decisions. States should also consider obligations under article 24 in all
aspects of their negotiations with international financial institutions and other donors, to
ensure that children’s right to health is given adequate consideration in international
cooperation.
106. The Committee recommends that States parties:
(a) Legislate for a specific proportion of public expenditure to be allocated to
children’s health and create an accompanying mechanism that allows for systematic
independent evaluation of this expenditure;
(b) Meet World Health Organization-recommended minimum health expenditure
per capita and prioritize children’s health in budgetary allocations;
(c) Make investment in children visible in the State budget through detailed
compilation of resources allocated to them and expended; and
(d) Implement rights-based budget monitoring and analysis, as well as child
impact assessments on how investments, particularly in the health sector, may serve the
best interests of the child.
107. The Committee underlines the importance of assessment tools in the use of
resources and recognizes the need to develop measurable indicators to assist States parties
in monitoring and evaluating progress in the implementation of children’s right to health.
21 See general comment No. 2 (2002) on the role of independent national human rights institutions in the
promotion and protection of the rights of the child, Official Records of the General Assembly, Fiftyninth
Session, Supplement No. 41 (A/59/41), annex VIII.
CRC/C/GC/15
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E. The action cycle
108. States parties’ fulfilment of their obligations under article 24 requires engagement in
a cyclical process of planning, implementation, monitoring and evaluation to then inform
further planning, modified implementation and renewed monitoring and evaluation efforts.
States should ensure the meaningful participation of children and incorporate feedback
mechanisms to facilitate necessary adjustments throughout the cycle.
109. At the heart of the development, implementation and monitoring of policies,
programmes and services that aim to realize children’s right to health is the availability of
relevant and reliable data. This should include: appropriately disaggregated data across the
life course of the child, with due attention to vulnerable groups; data on priority health
problems, including new and neglected causes of mortality and morbidity; and data on the
key determinants of children’s health. Strategic information requires data collected through
routine health information systems, special surveys and research, and should include both
quantitative and qualitative data. These data should be collected, analysed, disseminated
and used to inform national and subnational policies and programmes.
1. Planning
110. The Committee notes that, in order to inform the implementation, monitoring and
evaluation of activities to fulfil obligations under article 24, States should carry out
situation analyses of existing problems, issues and infrastructure for delivery of services.
The analysis should assess the institutional capacity and the availability of human, financial,
and technical resources. Based on the outcome of the analysis, a strategy should be
developed involving all stakeholders, both State and non-State actors and children.
111. The situation analysis will provide a clear idea of national and subnational priorities
and strategies for their achievement. Benchmarks and targets, budgeted action plans and
operational strategies should be established along with a framework for monitoring and
evaluating policies, programmes and services and promoting accountability for children’s
health. This will highlight how to build and strengthen existing structures and systems to be
consonant with the Convention.
2. Criteria for performance and implementation
112. States should ensure that all children’s health services and programmes comply with
the criteria of availability, accessibility, acceptability and quality.
(a) Availability
113. States should ensure that there are functioning children’s health facilities, goods,
services and programmes in sufficient quantity. States need to ensure that they have
sufficient hospitals, clinics, health practitioners, mobile teams and facilities, community
health workers, equipment and essential drugs to provide health care to all children,
pregnant women and mothers within the State. Sufficiency should be measured according
to need with particular attention given to under-served and hard to reach populations.
(b) Accessibility
114. The element of accessibility has four dimensions:
(a) Non-discrimination: Health and related services as well as equipment and
supplies must be accessible to all children, pregnant women and mothers, in law and in
practice, without discrimination of any kind;
CRC/C/GC/15
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(b) Physical accessibility: Health facilities must be within accessible distance for
all children, pregnant women and mothers. Physical accessibility may require additional
attention to the needs of children and women with disabilities. The Committee encourages
States to prioritize the establishment of facilities and services in under-served areas and to
invest in mobile outreach approaches, innovative technologies, and well-trained and
supported community health workers, as ways of reaching especially vulnerable groups of
children;
(c) Economic accessibility/affordability: Lack of ability to pay for services,
supplies or medicines should not result in the denial of access. The Committee calls on
States to abolish user fees and implement health-financing systems that do not discriminate
against women and children on the basis of their inability to pay. Risk-pooling mechanisms
such as tax and insurance should be implemented on the basis of equitable, means-based
contributions;
(d) Information accessibility: Information on health promotion, health status and
treatment options should be provided to children and their caregivers in a language and
format that is accessible and clearly understandable to them.
(c) Acceptability
115. In the context of children’s right to health, the Committee defines acceptability as
the obligation to design and implement all health-related facilities, goods and services in a
way that takes full account of and is respectful of medical ethics as well as children’s needs,
expectations, cultures, views and languages, paying special attention to certain groups,
where necessary.
(d) Quality
116. Health-related facilities, goods and services should be scientifically and medically
appropriate and of good quality. Ensuring quality requires, inter alia, that (a) treatments,
interventions and medicines are based on the best available evidence; (b) medical personnel
are skilled and provided with adequate training on maternal and children’s health, and the
principles and provisions of the Convention; (c) hospital equipment is scientifically
approved and appropriate for children; (d) drugs are scientifically approved, have not
expired, are child-specific (when necessary) and are monitored for adverse reactions; and
(e) regular quality of care assessments of health institutions are conducted.
3. Monitoring and evaluation
117. A well-structured and appropriately disaggregated set of indicators should be
established for monitoring and evaluation to meet the requirements under the performance
criteria above. The data should be used to redesign and improve policies, programmes and
services in support of fulfilment of children’s right to health. Health information systems
should ensure that data should be reliable, transparent, and consistent, while protecting the
right to privacy for individuals. States should regularly review their health information
system, including vital registration and disease surveillance, with a view to its improvement.
118. National accountability mechanisms should monitor, review and act on their
findings. Monitoring means providing data on the health status of children, regularly
reviewing the quality of children’s health services and how much is spent thereon and
where, on what and on whom it is spent. This should include both routine monitoring and
periodic, in-depth evaluations. Reviewing means analysing the data and consulting children,
families, other caregivers and civil society to determine whether children’s health has
improved and whether Governments and other actors have fulfilled their commitments.
CRC/C/GC/15
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Acting means using evidence emerging from these processes to repeat and expand what is
working and to remedy and reform what is not.
F. Remedies for violations of the right to health
119. The Committee strongly encourages States to put in place functional and accessible
complaints mechanisms for children that are community-based and render it possible for
children to seek and obtain reparations when their right to health is violated or at risk.
States should also provide for broad rights of legal standing, including class actions.
120. States should ensure and facilitate access to courts for individual children and their
caregivers and take steps to remove any barriers to access remedies for violations of
children’s right to health. National human rights institutions, children’s ombudspersons,
health-related professional associations and consumers’ associations can play an important
role in this regard.
VII. Dissemination
121. The Committee recommends that States widely disseminate the present general
comment with parliament and across Government, including within ministries, departments
and municipal and local-level bodies working on children’s health issues.
United Nations CEDAW/C/GC/37
Convention on the Elimination
of All Forms of Discrimination
against Women
Distr.: General
13 March 2018
Original: English
18-03824 (E) 110518
*1803824*
Committee on the Elimination of Discrimination
against Women
General recommendation No. 37 (2018) on the gender-related
dimensions of disaster risk reduction in the context of
climate change
Contents
Page
I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
II. Objective and scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
III. Convention on the Elimination of All Forms of Discrimination against Women and other
relevant international frameworks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
IV. General principles of the Convention applicable to disaster risk reduction and climate change . . . 7
A. Substantive equality and non-discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
B. Participation and empowerment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
C. Accountability and access to justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
V. Specific principles of the Convention relevant to disaster risk reduction and climate change. . . . . 11
A. Assessment and data collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
B. Policy coherence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
C. Extraterritorial obligations, international cooperation and resource allocation . . . . . . . . . 13
D. Non-State actors and extraterritorial obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
E. Capacity development and access to technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
VI. Specific areas of concern . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
A. Right to live free from gender-based violence against women and girls . . . . . . . . . . . . . . 16
B. Rights to education and to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
C. Rights to work and to social protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
D. Right to health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
E. Right to an adequate standard of living . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
F. Right to freedom of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
VII. Dissemination and reporting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
CEDAW/C/GC/37
2/24 18-03824
I. Introduction
1. Climate change is exacerbating both the risk and the impacts of disasters
globally, by increasing the frequency and severity of weather and climate hazards,
which heightens the vulnerability of communities to those hazards. 1 There is
scientific evidence that a large proportion of extreme weather events around the world
are a result of human-caused changes to the climate.2 The human rights consequences
of such disasters are apparent in the form of political and economic instability,
growing inequality, declining food and water security and increased threats to health
and livelihoods. 3 Although climate change affects everyone, those countries and
populations that have contributed the least to climate change, including people living
in poverty, young people and future generation s, are the most vulnerable to its
impacts.
2. Women, girls, men and boys are affected differently by climate change and
disasters, with many women and girls experiencing greater risks, burdens and
impacts. 4 Situations of crisis exacerbate pre -existing gender inequalities and
compound the intersecting forms of discrimination against, among others, women
living in poverty, indigenous women, women belonging to ethnic, racial, religious
and sexual minority groups, women with disabilities, refugee and asylum -seeking
women, internally displaced, stateless and migrant women, rural women, unmarried
women, adolescents and older women, who are often disproportionately affected
compared with men or other women.5
3. In many contexts, gender inequalities limit the co ntrol that women and girls
have over decisions governing their lives, as well as their access to resources such as
food, water, agricultural input, land, credit, energy, technology, education, health
services, adequate housing, social protection and employ ment.6 As a result of those
inequalities, women and girls are more likely to be exposed to disaster -induced risks
and losses relating to their livelihoods, and they are less able to adapt to changes in
climatic conditions. Although climate change mitigatio n and adaptation programmes
may provide new employment and livelihood opportunities in sectors such as
agricultural production, sustainable urban development and clean energy, failure to
address the structural barriers faced by women in gaining access to t heir rights will
increase gender-based inequalities and intersecting forms of discrimination.
__________________
1 Intergovernmental Panel on Climate Change, Climate Change 2014: Synthesis Report —
Contribution of Working Groups I, II and III to the Fifth Assessment Report of the
Intergovernmental Panel on Climate Change (Geneva, 2013). The Panel notes that climate
change “refers to a change in the state of the climate that can be identified (e.g. using statistical
tests) by changes in the mean and/or the variability of its properties, and that persists for an
extended period, typically decades or longer ”.
2 Susan J. Hassol and others, “(Un)Natural disasters: communicating linkages between extreme
events and climate change”, WMO Bulletin, vol. 65, No. 2 (Geneva, World Meteorological
Organization, 2016).
3 United Nations Development Programme (UNDP), “Climate change and disaster risk reduction”,
23 March 2016.
4 See Commission on the Status of Women, resolutions 56/2 and 58/2 on gender equality and the
empowerment of women in natural disasters, adopted by consensus in March 2012 and March
2014.
5 See, for example, general recommendation No. 27 (2010) on older women and the protection of
their human rights.
6 For the purposes of the present general recommendation, all references to “women” should be
read to include women and girls, unless otherwise noted.
CEDAW/C/GC/37
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4. Mortality and morbidity levels in situations of disaster are higher among women
and girls.7 Owing to gender-based economic inequalities, women, and women heads
of household in particular, are at a higher risk of poverty and more likely to live in
inadequate housing in urban and rural areas of low land value that are vulnerable to
such impacts of climate-related events as floods, storms, avalanches, earthquakes,
landslides and other hazards. 8 Women and girls in situations of conflict are
particularly exposed to risks associated with disasters and climate change. The higher
levels of mortality and morbidity among women during and following disasters are
also a result of the inequalities that they face in gaining access to adequate health
care, food and nutrition, water and sanitation, education, technology and
information.9 In addition, failure to engage in gender-responsive disaster planning
and implementation often results in protective facilities and infrastructure, such as
early warning mechanisms, shelters and relief programmes, that neglect the specific
accessibility needs of diverse groups of women, including women with disabilities,
older women and indigenous women.10
5. Women and girls also face a heightened risk of gender -based violence during
and following disasters. In the absence of social protection schemes and in situations
in which there is food insecurity combined with impunity for gender -based violence,
women and girls are often exposed to sexual violence and exploitation as they attempt
to gain access to food and other basic needs for family members and themselves. In
camps and temporary settlements, the lack of physical security, as well as the lack of
safe and accessible infrastructure and services, including drinking water and
sanitation, also result in increased levels of gender-based violence against women and
girls. Women and girls with disabilities are at particular risk of gender -based violence
and sexual exploitation during and following disasters, owing to discrimination on
the basis of physical limitations and barriers to communication and the inaccessibility
of basic services and facilities. Domestic violence, early and/or forced marriage,
trafficking in persons and forced prostitution are also more likely to occur during and
following disasters.
6. As the higher vulnerability and exposure of women and girls to disaster risk and
climate change are economically, socially and culturally constru cted, they can be
reduced. The level of vulnerability may vary according to the type of disaster and the
geographical and sociocultural contexts.
7. The categorization of women and girls as passive “vulnerable groups” in need
of protection from the impacts of disasters is a negative gender stereotype that fails
to recognize the important contributions of women in the areas of disaster risk
reduction, post-disaster management and climate change mitigation and adaptation
strategies.11 Well-designed disaster risk reduction and climate change initiatives that
__________________
7 Eric Neumayer and Thomas Plümper, “The gendered nature of natural disasters: the impact of
catastrophic events on the gender gap in life expecta ncy, 1981–2002”, Annals of the Association
of American Geographers, vol. 97, No. 3 (2007).
8 United Nations, Global Assessment Report on Disaster Risk Reduction 2015: Making
Development Sustainable–The Future of Disaster Risk Management (New York, 2015); Disasters
without Borders: Regional Resilience for Sustainable Development: Asia -Pacific Disaster Report
2015 (United Nations publication, Sales No. E.15.II.F.13).
9 C. Bern and others, “Risk factors for mortality in the Bangladesh cyc lone of 1991”, Bulletin of
the World Health Organization , vol. 71, No. 1 (1993).
10 Tripartite Core Group, “Post-Nargis joint assessment”, July 2008; Lorena Aguilar and others,
“Training manual on gender and climate change ” (San José, International Union for Conservation
of Nature, UNDP and Gender and Water Alliance, 2009).
11 United Nations, Global Assessment Report on Disaster Risk Reduction 2015 ; UNDP, “Clean
development mechanism: exploring the gender dimensions of climate finance mechanisms ”,
November 2010; UNDP, “Ensuring gender equity in climate change financing ” (New York,
2011).
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provide for the full and effective participation of women can advance substantive
gender equality and the empowerment of women, while ensuring that sustainable
development, disaster risk reduction and climat e change objectives are achieved.12 It
should be underlined that gender equality is a precondition for the realization of the
Sustainable Development Goals.
8. In the light of the significant challenges in, and opportunities for, the realization
of women’s human rights presented by climate change and disaster risk, the
Committee on the Elimination of Discrimination against Women has provided
specific guidance for States parties on the implementation of their obligations relating
to disaster risk reduction and climate change under the Convention on the Elimination
of All Forms of Discrimination against Women. In its concluding observations on the
reports of States parties and in several of its general recommendations, the Committee
has underlined that States parties and other stakeholders have obligations to take
specific steps to address discrimination against women in the fields of disaster risk
reduction and climate change, through the adoption of targeted laws, policies,
mitigation and adaptation strategies, budgets and other measures.13 In its statement
on gender and climate change, the Committee outlined that all stakeholders should
ensure that climate change and disaster risk reduction measures were gender
responsive and sensitive to indigenous knowledge s ystems and that they respected
human rights. The right of women to participate at all levels of decision -making must
be guaranteed in climate change policies and programmes ( A/65/38, part one, annex
II).
9. The Committee notes that other United Nations human rights mechanisms,
including the Human Rights Council and the special procedures mandate holders, the
Committee on Economic, Social and Cultural Rights, the Committee on the Rights of
Persons with Disabilities and the Committee on the Rights of the Child, refer with
increasing frequency to the negative consequences of climate change, environmental
degradation and disasters. Those mechanisms have also affirmed the obligations of
Governments and other stakeholders to take immediate, targeted steps to prevent and
mitigate the negative human rights impacts of climate change and disasters and to
provide technical and financial support for disaster risk reduction and climate change
adaptation measures.
II. Objective and scope
10. Pursuant to article 21 (1) of the Convention, the present general
recommendation provides guidance to States parties on the implementation of their
obligations under the Convention in relation to disaster risk reduction and climate
change. In their reports submitted to the Committee pursuant to article 18, States
parties should address general obligations to ensure substantive equality between
__________________
12 Senay Habtezion, “Gender and disaster risk reduction”, Gender and Climate Change Asia and the
Pacific Policy Brief, No. 3 (New York, UNDP, 2013); World Health Organiza tion (WHO),
“Gender, climate change and health” (Geneva, 2010).
13 For concluding observations, see CEDAW/C/SLB/CO/1–3, paras. 40–41; CEDAW/C/PER/CO/7–8,
paras. 37–38; CEDAW/C/GIN/CO/7–8, para. 53; CEDAW/C/GRD/CO/1–5, paras. 35–36;
CEDAW/C/JAM/CO/6–7, paras. 31–32; CEDAW/C/SYC/CO/1–5, paras. 36–37;
CEDAW/C/TGO/CO/6–7, para. 17; CEDAW/C/DZA/CO/3–4, paras. 42–43;
CEDAW/C/NLZ/CO/7, paras. 9 and 36–37; CEDAW/C/CHI/CO/5–6, paras. 38–39;
CEDAW/C/BLR/CO/7, paras. 37–38; CEDAW/C/LKA/CO/7, paras. 38–39;
CEDAW/C/NPL/CO/4–5, para. 38; and CEDAW/C/TUV/CO/2, paras. 55–56. See also general
recommendation No. 27 (2010) on older women and the protection of their human rights, para. 25,
and general recommendation No. 28 (2010) on the core obligations of States parties under article 2
of the Convention, para. 11.
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women and men in all areas of life, as well as the specific guarantees in relation to
those rights under the Convention that may be particularly affected by climate change
and disasters, including extreme weather events such as floods and hurricanes, as well
as slow-onset phenomena, such as the melting of polar ice caps and glaciers, drought
and sea-level rise.
11. The present general recommendation may also be used to inform the work of
civil society organizations, international and regional intergovernmental
organizations, educators, the scientific community, medical personnel, employers and
any other stakeholders engaged in activities connected to disaster risk reduction and
climate change.
12. The objective of the present general recommendation is to underscore the
urgency of mitigating the adverse effects of climate change and to highlight the steps
necessary to achieve gender equality, the realization of which will reinforce the
resilience of individuals and communities globally in the context of climate change
and disasters. It is also intended to contribute to coherence, accountability and the
mutual reinforcement of international agendas on disaster risk reduction and climate
change adaptation, by focusing on the impacts of climate change and disasters on
women’s human rights.
13. In the present general recommendation, the Committee does not exhau stively
cover the gender-related dimensions of climate change mitigation and adaptation
measures, nor does it differentiate between disasters relating to climate change and
other disasters. It should be emphasized, however, that a large proportion of
contemporary disasters may be attributed to human -induced climatic changes and that
the recommendations provided herein are also applicable to hazards, risks and
disasters that are not directly linked to climate change. For the purposes of the present
general recommendation, disasters are defined as including all those events, small -
scale and large-scale, frequent and infrequent, sudden- and slow-onset, caused by
natural or human-made hazards, and related environmental, technological and
biological hazards and risks, mentioned in the Sendai Framework for Disaster Risk
Reduction 2015–2030, as well as any other chemical, nuclear and biological hazards
and risks. Such hazards and risks include the testing and use of all types of weapons
by State and non-State actors.
14. The obligations of States parties to effectively mitigate and adapt to the adverse
effects of climate change, in order to reduce the increased disaster risk, have been
recognized by international human rights mechanisms. Limiting fossil fuel use and
greenhouse gas emissions and the harmful environmental effects of extractive
industries such as mining and fracking, and the allocation of climate financing, are
regarded as crucial steps in mitigating the negative human rights impacts of climate
change and disasters. Any mitigation or adaptation measures should be designed and
implemented in accordance with the human rights principles of substantive equality
and non-discrimination, participation and empowerment, accountability and access to
justice, transparency and the rule of law.
15. The present general recommendation is focused on the obligations of States
parties and non-State actors to take effective measures to prevent, mitigate the adverse
effects of and respond to disasters and climate change and, in that context, to ensure
that the human rights of women and girls are respected, protected and fulfilled in
accordance with international law. Three mutually reinforcing areas for action by
stakeholders are identified, centring on the general principles of the Convention
applicable to disaster risk and climate change, specific measures to address disaster
risk reduction and climate change and specific areas of concern.
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III. Convention on the Elimination of All Forms of
Discrimination against Women and other relevant
international frameworks
16. The Convention promotes and protects women ’s human rights, and this should
be understood to apply at all stages of climate change and disaster prevention,
mitigation, response, recovery and adaptation. In addit ion to the Convention, several
specific international frameworks govern disaster risk reduction, climate change
mitigation and adaptation, humanitarian assistance and sustainable development, and
a number of them also address gender equality. Those instruments should be read
together with the provisions of the Convention.
17. In the Rio Declaration on Environment and Development, of 1993, and
reiterated in the outcome document of the United Nations Conference on Sustainable
Development, entitled “The future we want”, of 2012, the particularly vulnerable
situation of small island developing States was acknowledged and the principle of
gender equality and the need to ensure the effective participation of women and
indigenous peoples in all initiatives relating to climate change were reaffirmed.
18. In the Sendai Framework, it was emphasized that women and their participation
were critical to effectively managing disaster risk and designing, resourcing and
implementing gender-sensitive disaster risk reduction policies, plans and
programmes, and that adequate capacity-building measures needed to be taken to
empower women for preparedness, as well as to build their capacity to secure
alternate livelihood means in post-disaster situations. Empowering women to publ icly
lead and promote gender-equitable and universally accessible response, recovery,
rehabilitation and reconstruction approaches was also emphasized. 14
19. In the United Nations Framework Convention on Climate Change, States parties
were called upon to take action on climate change on the basis of equity and in
accordance with their common but differentiated responsibilities and capabilities. It
was recognized that, although climate change affected everyone, countries who had
contributed the least to greenhouse gas emissions, as well as people living in poverty,
children and future generations, were the most affected. Climate equity required that,
in global efforts to mitigate the adverse effects of and adapt to climate change, the
needs of countries, groups and individuals, including women and girls, which were
the most vulnerable to its adverse impacts, were prioritized.
20. In 2014, the Conference of the Parties to the United Nations Framework
Convention on Climate Change adopted decision 18/CP.20, entitl ed “Lima work
programme on gender”, in which it established a plan for promoting gender balance
and achieving gender-responsive climate policies developed for the purpose of
guiding the effective participation of women in the bodies established under the
Convention. In 2017, the Conference of the Parties adopted decision 3/CP.23, entitled
“Establishment of a gender action plan”, in which it agreed to advance the full, equal
and meaningful participation of women and promote gender -responsive climate
policy and the mainstreaming of a gender perspective into all elements of climate
action.
21. In the Paris Agreement under the United Nations Framework Convention on
Climate Change, the Conference of the Parties noted that Parties should, when taking
action to address climate change, respect, promote and consider their respective
obligations on human rights, the right to health, the rights of indigenous peoples, local
communities, migrants, children, persons with disabilities and people in vulnerable
__________________
14 General Assembly resolution 69/283, annex II, paras. 36 (a) (i) and 32, respectively.
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situations and the right to development, as well as gender equality, the empowerment
of women and intergenerational equity. They also acknowledged that adaptation,
including capacity-building for mitigation and adaptation action, should be gender -
responsive, participatory and fully transparent, taking into consideration vulnerable
groups, communities and ecosystems.
22. The Sustainable Development Goals contain important targets on gender
equality, including those in Goals 3–6 and 10, and on climate change and disaster r isk
reduction, in Goals 11 and 13.
23. At the third International Conference on Financing for Development, held in
Addis Ababa in 2015, participants adopted documents that link gender equality and
women’s rights with climate change adaptation and disaster risk reduction and called
upon States to integrate those issues into development financing.
24. Participants in the World Humanitarian Summit, in 2016, called for gender
equality, the empowerment of women and women ’s rights to become pillars of
humanitarian action, including in disaster preparedness and response. Also in 2016,
in the New Urban Agenda, the participants in the United Nations Conference on
Housing and Sustainable Urban Development (Habitat III) recognized the need for
gender-responsive measures to ensure that urban development was sustainable,
resilient and contributed to climate change mitigation and adaptation.
IV. General principles of the Convention applicable to disaster
risk reduction and climate change
25. Several cross-cutting principles and provisions of the Convention are of crucial
importance and should serve as guidance in the drafting of legislation, policies, plans
of action, programmes, budgets and other measures relating to disaster risk reduction
and climate change.
26. States parties should ensure that all policies, legislation, plans,
programmes, budgets and other activities relating to disaster risk reduction and
climate change are gender responsive and grounded in human rights -based
principles, including the following:
(a) Equality and non-discrimination, with priority being accorded to the
most marginalized groups of women and girls, such as those from indigenous,
racial, ethnic and sexual minority groups, women and girls with disabilities,
adolescents, older women, unmarried women, women heads of household,
widows, women and girls living in poverty in both rural and urban settings,
women in prostitution and internally displaced, stateless, refugee, asylumseeking
and migrant women;
(b) Participation and empowerment, through the adoption of effective
processes and the allocation of the resources necessary to ensure that diverse
groups of women have opportunities to participate in every stage of policy
development, implementation and monitoring at each level of governme nt, at the
local, national, regional and international levels;
(c) Accountability and access to justice, which require the provision of
appropriate and accurate information and mechanisms in order to ensure that
all women and girls whose rights have been directly and indirectly affected by
disasters and climate change are provided wit h adequate and timely remedies.
27. Those three general principles — equality and non-discrimination, participation
and empowerment, accountability and access to justice — are fundamental to
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ensuring that all interventions relating to disaster risk reduction in the context of
climate change are implemented in accordance with the Convention.
A. Substantive equality and non-discrimination
28. States parties have obligations under article 2 of the Convention to take targeted
and specific measures to guarantee equality between women and men, including the
adoption of participatory and gender-responsive policies, strategies and programmes
relating to disaster risk reduction and climate change, across all sectors. Article 2
identifies the specific, core obligations of States parties to ensure substantive equality
between women and men in all areas covered by the Convention and to take
legislative, policy-based and other measures to that effect.15 The obligation to take all
appropriate measures, including with regard to legislation, in all fields, to guarantee
the full development and advancement of women on a basis of equality with men, is
further expanded in articles 3 and 24 of th e Convention.
29. Intersecting forms of discrimination may limit the access of particular groups
of women to the information, political power, resources and assets that would help
them to mitigate the adverse effects of disasters and climate change. In its general
recommendation No. 28 (2010) on the core obligations of States parties under article
2 of the Convention, as well as in general recommendation No. 32 (2014) on the
gender-related dimensions of refugee status, asylum, nationality and statelessness of
women, general recommendation No. 33 (2015) on women ’s access to justice, general
recommendation No. 34 (2016) on the rights of rural women, general
recommendation No. 35 (2017) on gender-based violence against women, updating
general recommendation No. 19, and general recommendation No. 36 (2017) on the
right of girls and women to education, the Committee reiterated that discrimination
against women was inextricably linked to other factors that affected their lives.
30. The present general recommendatio n does not contain an exhaustive list of
every group of right holders for which respect of their rights must be integrated into
laws, policies, programmes and strategies on disaster risk reduction and climate
change. The principles of non-discrimination and substantive equality, which form
the foundation of the Convention, require that States parties take all measures
necessary to ensure that direct and indirect discrimination, as well as intersecting
forms of discrimination, are redressed. Specific measure s, including temporary
special measures, legislation that prohibits intersecting forms of discrimination and
resource allocation, are necessary to ensure that all women and girls are able to
participate in the development, implementation and monitoring of policies and plans
relating to climate change and disasters.
31. As outlined in general recommendation No. 28, States parties have
obligations to respect, protect and fulfil the principle of non -discrimination
towards all women, against all forms of discrimination, in all areas, even those
not explicitly mentioned in the Convention, and to ensure the equal development
and advancement of women in all areas. To ensure substantive equality between
women and men in the context of disaster risk reduction and climate change,
States parties should take specific, targeted and measurable steps:
(a) To identify and eliminate all forms of discrimination, including
intersecting forms of discrimination, against women in legislation, policies,
programmes, plans and other activities relating to disaster risk reduction and
climate change. Priority should be accorded to addressing discrimination in
__________________
15 See general recommendation No. 28 (2010) on the core obligations of States parties under article
2 of the Convention.
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relation to the ownership, access, use, disposal, control, governance and
inheritance of property, land and natural resources, as well as barriers that
impede the exercise by women of their full legal capacity and autonomy in areas
such as freedom of movement and equal access to economic, social and cultural
rights, including to food, health, work and social protection. Women and g irls
should be empowered through specific policies, programmes and strategies so
that they are able to exercise their right to seek, receive and impart information
relating to climate change and disaster risk reduction;
(b) To create effective mechanisms to guarantee that the rights of women
and girls are a primary consideration in devising measures relating to disaster
risk reduction and climate change at the local, national, regional and
international levels. Measures must be taken to ensure that high -quality
infrastructure and critical services are available, accessible and culturally
acceptable for all women and girls on a bas is of equality.
B. Participation and empowerment
32. The participation of diverse groups of women and girls, and the develop ment of
their leadership capacity, at various levels of government and within local
communities is essential to ensuring that the prevention of and response to disasters
and the adverse effects of climate change are effective and incorporate perspectives
from all sectors of society. Promoting the participation of girls and young women in
the creation, development, implementation and monitoring of policies and plans
relating to climate change and disaster risk reduction is essential, because those
groups are often overlooked, even though they will experience the impacts of those
phenomena throughout their lifetimes.
33. Women make significant contributions to household, local, national, regional
and international economies and to environmental management, dis aster risk
reduction and climate change resilience at various levels. At the local level, the
traditional knowledge held by women in agricultural regions is particularly important
in that respect, because those women are well positioned to observe changes in the
environment and respond to them through adaptive practices in crop selection,
planting, harvesting, land conservation techniques and careful management of water
resources.
34. The Intergovernmental Panel on Climate Change has noted that most local
communities develop adaptation practices that could and should be identified and
followed, in order to tailor effective adaptation and response strategies relating to
disaster risk reduction and climate change. 16 In the Paris Agreement, the Conference
of the Parties acknowledged that climate change adaptation should be guided by the
best available science and, as appropriate, by traditional, indigenous and local
knowledge systems, a view that aligns with the many provisions in the Convention,
including articles 7, 8 and 14, that provide that States parties should ensure that all
women are provided with meaningful opportunities to participate in political
decision-making and development planning.
35. Articles 7 and 8 of the Convention provide that women should have equality in
political and public life at the local, national and international levels, and article 14
reiterates that rural women have the right to participate in development planning and
agricultural reform activities. That guarantee of political equ ality encompasses
__________________
16 Intergovernmental Panel on Climate Change , Climate Change 2007: Synthesis Report–
Contribution of Working Groups I, II and III to the Fourth Assessment Report of the
Intergovernmental Panel on Climate Change (Geneva, 2007).
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leadership by women and the representation and participation of women, which are
components that are essential to the development and implementation of effective
programmes and policies relating to disaster risk reduction and climate chan ge that
take into account the needs of the population, in particular those of women.
36. To ensure that women and girls are provided with equal opportunities to
lead and to participate and engage in decision -making in activities relating to
disaster risk reduction and climate change, the Committee recommends that
States parties:
(a) Adopt targeted policies, such as temporary special measures,
including quotas, as provided for in article 4 of the Convention and in general
recommendation No. 25 (2004) on temporary special measures, as one element of
a coordinated and regularly monitored strategy to achieve the equal
participation of women in all decision-making and development planning
relating to disaster risk reduction and climate change;17
(b) Develop programmes to ensure the participation of and leadership by
women in political life, including through civil society organizations, in
particular women’s organizations, at various levels, in particular in the context
of local and community planning and climate change and disaster preparedness,
response and recovery;
(c) Ensure the equal representation of women in forums and mechanisms
on disaster risk reduction and climate change, at the community, local, national,
regional and international levels, in order to enable them to participate in and
influence the development of policies, legislation and plans relating to disaster
risk reduction and climate change and their implementation. States parties
should also take positive measures to ensure that girls, young women and women
belonging to indigenous and other marginalized groups are provided with
opportunities to be represented in those mechanisms;
(d) Strengthen national institutions concerned with gender-related issues
and women’s rights, civil society and women’s organizations and provide them
with adequate resources, skills and authority to lead, advise, monitor and carry
out strategies to prevent and respond to disasters and mitigate the adverse effects
of climate change;
(e) Allocate adequate resources to building the leadership capacity of
women and creating an enabling environment for strengthening their active role
in disaster risk reduction and response and climate change mitigation, at all
levels and across all relevant sectors.
C. Accountability and access to justice
37. In line with article 15 (1) of the Convention, women should be accorded equality
before the law, which is extremely important in situations of disaster and in the
context of climate change, given that women, who often face barriers to gaining
access to justice, may encounter significant difficulties in claiming compensation and
other forms of reparation to mitigate their losses and to adapt to climate change. The
recognition of the legal capacity of women as identical to tha t of men and equal
between groups of women, including women with disabilities and indigenous women,
as well as their equal access to justice, are essential elements of disaster and climate
change policies and strategies.18
__________________
17 See CEDAW/C/TUV/CO/2, paras. 55–56.
18 See also general recommendation No. 33 (2015) on women ’s access to justice.
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38. States parties should ensure that legal frameworks are non-discriminatory
and that all women have effective access to justice, in line with general
recommendation No. 33, including by:
(a) Conducting a gender impact analysis of current laws, incorporating
those that are applied in plural legal systems, including customary, traditional
and religious norms and practices, to assess their effect on women with regard
to their vulnerability to disaster risk and climate change, and adopt, repeal or
amend laws, norms and practices accordingly;
(b) Increasing awareness among women of the available legal remedies
and dispute resolution mechanisms and their legal literacy, by providing them
with information on their rights and on policies and programmes relating to
disaster risk reduction and climate change and empowering them to exercise
their right to information in that context;
(c) Ensuring affordable or, if necessary, free access to legal services ,
including legal aid, as well as to official documents such as birth, death and
marriage certificates and land registration documents and deeds. Reliable and
low-cost administrative systems should be implemented to make such
documentation accessible and available to women in situations of disaster so that
they are able to benefit from such services as relief payments and compensation;
(d) Dismantling barriers to women’s access to justice by ensuring that
formal and informal justice mechanisms, including alternative dispute resolution
mechanisms, are in conformity with the Convention and made available and
accessible, in order to enable women to claim their rights. Measures to protect
women from reprisals when claiming their rights should also be developed;
(e) Minimizing disruptions to legal and justice systems that may result
from disasters and climate change, by developing response plans that provide for
the deployment of mobile or specialized reporting mechanisms, investigative
teams and courts. Flexible and accessible legal and judicial mechanisms are of
particular importance for women and girls wishing to report incidents of genderbased
violence.
V. Specific principles of the Convention relevant to disaster
risk reduction and climate change
A. Assessment and data collection
39. The gender-related dimensions of disaster risk reduction and the impacts of
climate change are often not well understood. Limited technical capacity at the
national and local levels has resulted in a lack of data disaggr egated by sex, age,
disability, ethnicity and geographical location, which continues to impede the
development of appropriate and targeted strategies for disaster risk reduction and
climate change response.
40. States parties should:
(a) Establish or identify existing national and local mechanisms to collect,
analyse and manage, and for the application of, data disaggregated by sex, age,
disability, ethnicity and region. Such data should be made publicly available and
used to inform gender-responsive national and regional disaster risk reduction
and climate resilience legislation, policies, programmes and budgets;
(b) Develop, on the basis of disaggregated data, specific and genderresponsive
indicators and monitoring mechanisms to enable States parties to
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establish baselines and measure progress in areas such as the participation of
women in initiatives relating to disaster risk reduction and climate change and
in political, economic and social institutions. Integration with and coordination
in the implementation of other existing frameworks, such as the United Nations
Framework Convention on Climate Change, the 2030 Agenda for Sustainable
Development and the Sendai Framework, are essential to ensuring a consistent
and effective approach;
(c) Empower, build the capacity of and provide resources to, if necessary
through donor support, the national institutions responsible for collecting,
consolidating and analysing disaggregated data, across all relevant sectors, such
as economic planning, disaster risk management, planning and monitoring of
implementation of the Sustainable Development Goals, including at the local
level;
(d) Incorporate climate information into disaster planning and decision -
making at the subnational and national levels by ensuring that di verse groups of
women are consulted as valuable sources of community knowledge on climate
change.
B. Policy coherence
41. It is only recently that concerted efforts have been made to coordinate policies
on gender equality, disaster risk reduction, climate change and sustainable
development. While certain policy documents, such as the 2030 Agenda and the
Sustainable Development Goals, integrate those objectives into their frameworks for
implementation, much remains to be done at the national, regional and international
levels to align policies. Programmes of action, budgets and strategies should be
coordinated across sectors, including trade, development, energy, environment, water,
climate science, agriculture, education, health and planning, and at levels of
government, including local and subnational, national, regional and international, in
order to ensure an effective and human rights-based approach to disaster risk
reduction and climate change mitigation and adaptation.
42. States parties should:
(a) Engage in a comprehensive audit of policies and programmes across
sectors and areas, including climate, trade and investment , environment and
planning, water, food, agriculture, technology, social protection, education and
employment, in order to identify the degree of integration of a gender equality
perspective and any inconsistencies, with a view to reinforcing efforts aimed at
disaster risk reduction and climate change mitigation and adaptation;
(b) Improve coordination between sectors, including those involved in
disaster risk management, climate change, gender equality, health care,
education, social protection, agriculture, environmental protection and urban
planning, through such measures as the adoption of integrated national
strategies and plans relating to disaster risk reduction and climate change that
explicitly integrate a gender equality perspective into their app roaches;
(c) Undertake gender impact assessments during the design,
implementation and monitoring phases of plans and policies relating to disaster
risk reduction and climate change;
(d) Develop, compile and share practical tools, information and best
practices and methodologies for the effective integration of a gender equality
perspective into legislation, policies and programmes in all sectors relevant to
disaster risk reduction and climate change;
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(e) Promote and strengthen the vital role played by subnational
governments in disaster risk reduction, service provision, emergency response,
land-use planning and climate change. To that end, adequate budgets should be
allocated and mechanisms developed to monitor the implementation of
legislation and policies at the subnational level.
C. Extraterritorial obligations, international cooperation and
resource allocation
43. States parties have obligations both within and outside their territories to ensure
the full implementation of the Convention, includ ing in the areas of disaster risk
reduction and climate change mitigation and adaptation. Measures such as limiting
fossil fuel use, reducing transboundary pollution and greenhouse gas emissions and
promoting the transition to renewable energy sources are regarded as crucial steps in
mitigating climate change and the negative human rights impacts of the adverse
effects of climate change and disasters globally. In its resolutions 26/27 and 29/15,
the Human Rights Council noted that the global nature of climate change called for
the widest possible cooperation by all countries and their participation in an effective
and appropriate international re sponse.19
44. There is currently an insufficient level of resources being dedicated to
addressing the underlying structural causes of gender inequality that increase the
exposure of women to disaster risk and the effects of climate change and to
developing gender-responsive programmes in those areas. Low-income, climatevulnerable
countries face particular challenges in developing, implementing and
monitoring gender-responsive disaster risk reduction and climate change prevention,
mitigation and adaptation policies and programmes, as well as in promoting access to
affordable technology, owing to the limited availability of national public financing
and development assistance.
45. In accordance with the Convention and other international human rights
instruments, an adequate and effective allocation of financial and technical resources
for gender-responsive disaster and climate change prevention, mitigation and
adaptation must be ensured through both national budgets and international
cooperation. Any steps taken by States parties to prevent, mitigate and respond to
climate change and disasters within their own jurisdictions or extraterritorially must
be firmly grounded in the human rights principles of substantive equality and
non-discrimination, participation and empowerment, accountability and access to
justice, transparency and the rule of law.
46. States parties, separately and in cooperation with others, should:
(a) Take effective steps to equitably manage shared natural resources, in
particular water, and limit carbon emissions, fossil fuel use, deforestation, nearsurface
permafrost degradation, soil degradation and transboundary pollution,
including the dumping of toxic waste, and all other environmental, technological
and biological hazards and risks that contribute to climate change and disasters,
which tend to disproportionately negatively affect women and girls;
(b) Increase dedicated budget allocations, at the international, regional,
national and local levels, to respond to gender-specific disaster and climate
__________________
19 In his 2016 report (A/HRC/31/52, footnote 27), the Special Rapporteur on human rights and the
environment noted that “the failure of States to effectively address climate change through
international cooperation would prevent individual States from meeting their duties under human
rights law to protect and fulfil the human rights of those within their own jurisdiction ”.
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change prevention, preparedness, mitigation, recovery and adaptation needs in
the infrastructure and service sectors;
(c) Invest in adaptability by identifying and supporting livelihoods that
are resilient to disasters and climate change, sustainable and empowering for
women, and in gender-responsive services that enable women to gain access to
and benefit from those livelihoods;
(d) Increase access for women to appropriate risk reduction schemes,
such as social protection, livelihood diversification and insurance;
(e) Integrate a gender equality perspective into relevant international,
regional, national, sectoral and local programmes and projects, including those
financed with international climate and sustainable development funds;
(f) Share resources, knowledge and technology to build disaster risk
reduction and climate change adaptation capacity among women and girls,
including by providing adequate, effective and transparent financing
administered through participatory, accountable and non-discriminatory
processes;
(g) Ensure that States, international organizations and other entities that
provide technical and financial resources for disaster risk reduction, sustainable
development and climate change incorporate a gender equality and women’s
rights perspective into the design, implementation and monitoring of all
programmes and establish appropriate and effective human rights
accountability mechanisms.
D. Non-State actors and extraterritorial obligations
47. The private sector and civil society organizations can play an important role in
disaster risk reduction, climate resilience and the promotion of gender equality, at the
national level and when operating transnationally. The development of public -private
partnerships is promoted through a number of mechanisms, including in the context
of the 2030 Agenda. Such partnerships may provide the financial and technical
resources necessary to enable the creation of new infrastructure for disaster risk
reduction and climate-resilient livelihoods.
48. In the United Nations Guiding Principles on Business and Human Rights, it is
stipulated that businesses have a direct responsibility to respect and protect human
rights, to act with due diligence to prevent human rights violations and to provi de
effective remedies for human rights violations connected to their operations. To
ensure that private sector activities in the fields of disaster risk reduction and climate
change respect and protect women’s human rights, they must guarantee accountabili ty
and be participatory, gender-responsive and subject to regular human rights -based
monitoring and evaluation.
49. States parties should regulate the activities of non -State actors within their
jurisdiction, including when they operate extraterritorially. General recommendation
No. 28 reaffirms the requirement under article 2 (e) to eliminate discrimination by
any public or private actor, which extends to acts of national corporations operating
extraterritorially.
50. Civil society organizations operating locally and internationally, sometimes in
partnership with government authorities and the private sector, also have
responsibilities to ensure that their activities in the fields of climate change and
disaster risk reduction and management do no harm to lo cal populations, and those
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organizations should take steps to minimize the harm that they may inadvertently be
causing simply by being present and providing assistance. 20
51. In relation to non-State actors, States parties should:
(a) Create environments conducive to gender-responsive investment in
disaster and climate change prevention, mitigation and adaptation, including
through sustainable urban and rural development, the promotion of renewable
energy and social insurance schemes;
(b) Encourage entrepreneurship among women and create incentives for
women to engage in businesses involved in sustainable development and climate -
resilient livelihood activities in areas such as the clean energy sector and
agroecological food systems. Businesses working in t hose areas should also be
encouraged to increase the number of women whom they employ, in particular
in leadership positions;
(c) Conduct gender impact analyses of any proposed public-private
partnerships in the areas of disaster risk reduction and climate change and
ensure that diverse groups of women are involved in their design,
implementation and monitoring. Particular attention should be paid to
guaranteeing that all groups of women have physical and economic access to any
infrastructure and services provided through public-private partnerships;
(d) Adopt regulatory measures to protect women from human rights
violations by private business actors and ensure that their own activities,
including those conducted in partnership with the private sector and civil society,
respect and protect human rights and that effective remedies are available in the
event of human rights violations relating to the activities of non-State actors.
Such measures should be applied to activities occurring both within and outside
of the territory the State party concerned.
E. Capacity development and access to technology
52. A lack of active participation by women in programmes relating to disaster risk
reduction and climate change, in particular at the local level, impedes progress
towards the implementation of gender equality commitments and the development of
coordinated and effective policies and s trategies for disaster risk reduction and
climate resilience. Measures should be taken to build the capacity and capabilities of
women, women’s rights organizations and State entities to participate in gender -
responsive disaster risk and climate assessment s at the local, national, regional and
international levels.
53. In its statement on gender and climate change, the Committee noted that policies
that supported gender equality in access to and use and control of science and
technology and formal and informal education and training would enhance a nation ’s
capability in the areas of disaster reduction, mitigation and adaptation to climate
change (A/65/38, part one, annex II). Too often, however, women have been una ble
to gain access to technology, training opportunities and information, owing to gender -
based inequalities.
54. States parties should:
(a) Increase the participation of women in the development of plans
relating to disaster risk reduction and climate ch ange, by supporting their
technical capacity and providing adequate resources for that purpose;
__________________
20 See A/HRC/28/76, paras. 40 (g), 99 and 104.
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(b) Institutionalize leadership by women at all levels in disaster
prevention, preparedness, including the development and dissemination of early
warning systems, response and recovery and climate change mitigation and
adaptation;
(c) Ensure that early warning information is provided using technology
that is modern, culturally appropriate, accessible and inclusive, taking into
account the needs of diverse groups of women. In particular, the extension of
Internet and mobile telephone coverage, as well as other reliable and cost -
effective communications technology such as radios, and the accessibility of that
technology for all women, including women belonging to indigenous and
minority groups, older women and women with disabilities, should be actively
promoted within the context of programmes relating to disaster risk reduction
and climate change;
(d) Ensure that women have access to technology for preventing and
mitigating the adverse effects of disasters and climate change on crops, livestock,
homes and businesses and that they can use and economically benefit from
climate change adaptation and mitigation technology, including that re lating to
renewable energy and sustainable agricultural production;
(e) Promote the understanding, application and use of the traditional
knowledge and skills of women in disaster risk reduction and response and
climate change mitigation and adaptation;
(f) Promote and facilitate contributions by women to the
conceptualization, development and use of disaster risk reduction and climate
science technology.
VI. Specific areas of concern
A. Right to live free from gender-based violence against women
and girls
55. In its general recommendation No. 35, the Committee noted that gender -based
violence against women was one of the fundamental social, political and economic
means by which the subordinate position of women with respect to men and their
stereotyped roles were perpetuated. It also highlighted situations of disaster and the
degradation and destruction of natural resources as factors that affected and
exacerbated gender-based violence against women and girls.
56. The Committee has also observed that sexual violence is common in
humanitarian crises and may become acute in the wake of a national disaster. In a
time of heightened stress, lawlessness and homelessness, women face an increased
threat of violence (A/65/38, part two, annex II, para. 6).21
57. In accordance with the Convention and general recommendation No. 35,
States parties should:
(a) Develop policies and programmes to address existing and new risk
factors for gender-based violence against women, including domestic violence,
sexual violence, economic violence, trafficking in persons and forced marriage,
__________________
21 See also general commendation No. 19 (1992) on violence against women and general
recommendation No. 35 (2017) on gender-based violence against women, updating general
commendation No. 19, para. 14.
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in the context of disaster risk reduction and climate change, and promote the
participation and leadership of women in their development;
(b) Ensure that the minimum legal age of marriage is 18 years for both
women and men. States parties should include training on the prevalence of early
and forced marriage for all personnel involved in disaster response activities. In
partnership with women’s associations and other stakeholders, mechanisms
should be established, within local and regional disaster management plans, to
prevent, monitor and address early and forced marriages;
(c) Provide accessible, confidential, supportive and effective mechanisms
for all women wishing to report gender-based violence;
(d) Develop, in partnership with a wide range of stakeholders, including
women’s associations, a system for the regular monitoring and evaluation of
interventions designed to prevent and respond to g ender-based violence against
women, within programmes relating to disaster risk reduction and climate
change;
(e) Provide training, sensitization and awareness-raising for the
authorities, emergency services workers and other groups on the various forms
of gender-based violence that are prevalent in situations of disaster and how to
prevent and address them. The training should include information on the rights
and needs of women and girls, including those from indigenous and minority
groups, women and girls with disabilities, lesbian, bisexual and transgender
women and girls and intersex persons, and the ways in which they may be
exposed to and affected by gender-based violence;
(f) Adopt long-term policies and strategies to address the root causes of
gender-based violence against women in situations of disaster, including by
engaging with men and boys, the media, traditional and religious leaders and
educational institutions, in order to identify and eliminate social and cultural
stereotypes concerning the status of women.
B. Rights to education and to information
58. Article 10 of the Convention concerns the elimination of discrimination in
education.22 Education improves the capacity of women to participate within their
households, families, communities and businesses and to identify the means to reduce
disaster risk, mitigate climate change, develop more effective recovery strategies and
thus build more resilient communities. Education also increases access to
opportunities, resources, techno logy and information that aids in disaster risk
reduction and the development of effective policies relating to climate change. The
prevention and mitigation of disasters and climate change require well -trained women
and men in disciplines including economics, agriculture, water resources
management, climatology, engineering, law, telecommunications and emergency
services.
59. In the aftermath of disasters, girls and women, whose access to education is
often already limited as a result of social, cultural a nd economic barriers, may face
even greater obstacles to participation in education, owing to the destruction of
infrastructure, lack of teachers and other resources, economic hardship and security
concerns.
__________________
22 See general recommendation No. 36 (2017) on the right of girls and women to education.
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60. In accordance with article 10 of the Convention and general
recommendation No. 36, States parties should:
(a) Ensure, through regular inspections, that educational infrastructure
is safe and resilient enough to withstand disasters and that adequate resources
are dedicated to the protection of students and educators from the impacts of
climate change and disasters;
(b) Allocate adequate resources and budgets so that schools and other
educational facilities are built to withstand hazards, reconstructed on the basis
of sound disaster risk assessment and building codes and rendered operational
as expeditiously as possible following disasters. The reintegration of girls and
other groups for which education has not traditionally been valued should be
prioritized through specific outreach programmes, with a view to ensuring that
girls and women are not excluded from education in the wake of disasters;
(c) Ensure that women and girls have equal access to information,
including scientific research, and education regarding disasters and climate
change. That information should form part of the core educational curricula at
each level of instruction;
(d) Prioritize innovative and flexible gender-responsive educational
programmes, including at the community level, to enable women to develop the
skills required to adapt to the changing climate and engage in sustainable
development initiatives. Specific programmes and scholarships should be
established to support girls and women in undertaking education and training
in all areas relating to disaster risk reduction and management and
environmental and climate science.
C. Rights to work and to social protection
61. Disasters and climate change directly affect women, in particular those living in
poverty, by having an impact on their livelihoods. Economic inequali ties between
women and men are entrenched and reinforced through discrimination, including
restrictions on ownership and control of land and property, unequal remuneration, the
concentration of women in precarious, informal and unstable employment, sexual
harassment and other forms of workplace violence, pregnancy -related discrimination
in employment, gendered divisions of household labour and the undervaluing of the
contributions of women in domestic, community and care work, as well as workplace
discrimination including labour and sexual exploitation, land grabs and
environmental destruction by abusive extractive industries and due to unregulated
industrial and/or agro-industrial activities. All such gender-based discrimination
limits the capacity of women to prevent and adapt to the harm generated by disasters
and climate change.
62. The burden of caregiving and domestic work often increases for women
following disasters. The destruction of food stocks, housing and infrastructure such
as water and energy supplies and an absence of social protection systems and health -
care services all have specific consequences for women and girls. The result of such
gendered inequalities is the increased vulnerability and mortality levels among
women and girls, and they are frequently left with less time to engage in economic
activities or to gain access to the resources, including information and education,
necessary for recovery and adaptation. 23
__________________
23 See, for example, A/55/38, para. 339.
CEDAW/C/GC/37
18-03824 19/24
63. Social and legal inequalities further restrict the ability of women to mo ve to
safer, less disaster-prone areas and may limit women’s rights to access to financial
services, credit, social security benefits and secure tenure of land and other productive
resources.24
64. States parties should:
(a) Invest in gender-responsive social protection systems and social
services that reduce economic inequalities between women and men and enable
women to mitigate disaster risk and adapt to the adverse effects of climate
change. Eligibility criteria for social protection schemes should be c losely
monitored to ensure that they are accessible to all groups of women, including
women heads of household, unmarried women, internally displaced, migrant and
refugee women and women with disabilities;
(b) Ensure the resilience to disasters of workplaces and critical
infrastructure, including nuclear reactors and plants, through regular
inspections and the adoption of building safety codes and other systems to
guarantee that such infrastructure, in particular that which is necessary for
income-generating and domestic activities, is rendered operational as
expeditiously as possible following disasters;
(c) Guarantee women’s equal right to decent and sustainable employment
opportunities, as provided for in article 11 of the Convention, and apply that
right in the context of disaster prevention, management and recovery and in
connection with climate change adaptation in both urban and rural areas;
(d) Facilitate equal access for women to markets, financial services, credit
and insurance schemes and regulate the informal economy to ensure that women
are able to claim pensions and other employment -related social security
entitlements;
(e) Acknowledge and address the unequal burden of the unpaid and care
work performed by women, including within disaster and climate policies.
Policies and programmes should be developed to assess, reduce and redistribute
the gendered burden of care tasks, such as awareness-raising programmes on the
equal sharing of domestic work and unpaid care work, the introduction of time -
saving measures and the inclusion of appropriate technology, services and
infrastructure;
(f) Protect and promote women’s right to access to training in nontraditional
areas of work, including within the green economy, and sustainable
livelihoods, which would enable them to design, participate in, manage and
monitor disaster and climate change prevention, preparedness, mitigation and
adaptation initiatives and better equip them to benefit from such interventions.
D. Right to health
65. Under article 12 of the Convention, States parties are to guarantee substantive
equality between women and men in the provision of health -care services, including
sexual and reproductive health services and mental and psychological health services.
The measures that States parties must take, under article 12, in order to respect,
protect and fulfil the right to health for all women are detailed in the Committee ’s
general recommendation No. 24 (1999) on women and health. Health services and
__________________
24 See general recommendation No. 29 (2013) on the economic consequences of marriage, family
relations and their dissolution and general recommendation No. 34 (2016) on the rights of rural
women.
CEDAW/C/GC/37
20/24 18-03824
systems, including sexual and reproductive health services, should be available,
accessible, acceptable and of good quality, even in the context of disasters. 25 To that
end, measures should be taken to ensure that gender -responsive climate change and
disaster resilience policies, budgets and monitoring activities are fully integrated into
health services and systems.26
66. Climate change and disasters, including pandemics, influence the prevalence,
distribution and severity of new and re -emerging diseases. The susceptibility of
women and girls to disease is heightened as a result of inequalities in access to food,
nutrition and health care and the social expectations that women will act as primary
caregivers for children, older persons and the sick.
67. States parties should ensure that detailed policies and budget allocations are
made to promote, protect and fulfil women ’s right to health, including sexual and
reproductive health and comprehensive, age -appropriate sexuality education, mental
and psychological health, hygiene a nd sanitation. Provisions for antenatal and
postnatal care, such as emergency obstetric care and support for breastfeeding, should
form part of strategies, plans and programmes relating to climate change and
disasters.
68. In particular, States parties should:
(a) Ensure participation, including in decision-making positions, by
diverse groups of women and girls in the planning, implementation and
monitoring of health policies and programmes and in the design and
management of integrated health services for women in the context of disaster
risk management and climate change;
(b) Invest in climate- and disaster-resilient health systems and services
and allocate the maximum of their available resources to the underlying
determinants of health, such as clean water, adequate nutrition and sanitation
facilities and menstrual hygiene management. Those investments should be
geared towards transforming health systems so that they are responsive to the
changing health-care needs arising from climate change and disast ers and
sufficiently resilient to cope with those new demands;
(c) Ensure the removal of all barriers to access for women and girls to
health services, education and information, including in the areas of mental and
psychological health, oncological treatment and sexual and reproductive health,
and, in particular, allocate resources for cancer screening, mental health and
counselling programmes and programmes for the prevention and treatment of
sexually transmitted infections, including HIV, and treatment for AIDS, before,
during and after disasters;
(d) Accord priority to the provision of family-planning and sexual and
reproductive health information and services, within disaster preparedness and
response programmes, including access to emergency contraception, postexposure
prophylaxis for HIV, treatment for AIDS and safe abortion, and reduce
maternal mortality rates through safe motherhood services, the provision of
qualified midwives and prenatal assistance;
(e) Monitor the provision of health services to women by public, nongovernmental
and private organizations, to ensure equal access to and quality of
__________________
25 WHO, “Gender inequities in environmental health ”, EUR/5067874/151 (2008).
26 Intergovernmental Panel on Climate Change, Climate Change 2014: Impacts, Adaptation, and
Vulnerability–Part A: Global and Sectoral Aspects, Working Group II Contribution to the Fifth
Assessment Report of the Intergovernmental Panel on Climate Change (New York, Cambridge
University Press, 2014), p. 733.
CEDAW/C/GC/37
18-03824 21/24
care that responds to the specific health needs of diverse groups of women, in the
context of disasters and climate change;
(f) Require that all health services operating in situations of disaster
function to promote the human rights of women, including the rights to
autonomy, privacy, confidentiality, informed consent, non -discrimination and
choice. Specific measures to ensure the promotion and protection of the rights of
women and girls with disabilities, women and girls belonging to indigenous and
minority groups, lesbian, bisexual and transgender women and girls, intersex
persons, older women and women and girls belonging to other marginalized
groups should be explicitly included in health-care policies and standards
relating to situations of disaster;
(g) Ensure that training curricula for health workers, including in
emergency services, incorporate comprehensive, mandatory, gender-responsive
courses on women’s health and human rights, in particular gender-based
violence. Health-care providers should be made aware of the linkages between
increased disaster risk, climate change and the growing potential for public
health emergencies as a result of shifting disease patterns. The training should
also include information on the rights of women with disabilities and women
belonging to indigenous, minority and other marginalized groups;
(h) Collect and share data on gender-based differences in vulnerability to
infectious and non-infectious diseases occurring in situations of disaster and as
a result of climate change. That information should be used to develop integrated
rights-based disaster and climate change action plans and strategies.
E. Right to an adequate standard of living
Food, land, housing, water and sanitation
69. The impacts of climate change are already being experienced in many areas, in
connection with decreased food security, land degradation and more limited
availability of water and other natural resources. There is evidence that the effects of
food, land and water insecurity are not gender-neutral and that women are more likely
to suffer from undernourishment and malnutrition in times of food scarcity. 27 It has
also been shown that women and girls, who are those with the primary responsibility
for growing, gathering and preparing food and collecting fuel and water in many
societies, are disproportionately affected by a lack of available, affordable, safe and
accessible drinking water and fuel sources. The additional burden placed on women
and girls by such climate-related resource scarcity drains time, causes physical
hardship, increases exposure to the risk of violence and increases stress. 28
70. Women, in particular rural and indigenous women, are directly affected by
disasters and climate change, as food producers and as agricultural workers because
they make up the majority of the world ’s smallholder and subsistence farmers and a
significant proportion of farmworkers. As a result of discriminatory laws and social
norms, women have limited access to secure land tenure, and the farmland that they
are allotted tends to be of inferior quality and more pro ne to flooding, erosion or other
adverse climatic events. Owing to the increasing rate of out -migration among men in
climate change-affected areas, women are left with the sole responsibility for farming,
yet they do not possess the legal and socially reco gnized land ownership necessary to
__________________
27 See, for example, CEDAW/C/NPL/CO/4–5.
28 WHO, “Gender, climate change and health”.
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adapt to the changing climatic conditions effectively. Women are also indirectly
affected by the impacts of weather-related events on the price of foodstuffs.
71. Articles 12 and 14 of the Convention contain specific guar antees on nutrition
and the equal participation of women in decision -making about food production and
consumption. In addition, the core obligations of States parties to eliminate
discrimination, outlined in article 2, to modify cultural patterns of behavi our based
on discriminatory stereotypes, in article 5 (a), to ensure equality before the law, in
article 15, and to guarantee equality within marriage and family relations, in article
16, are of central importance to addressing women ’s rights to land and productive
resources, which are vital to ensuring the right to food and sustainable livelihoods.
72. States parties should:
(a) Promote and protect women’s equal rights to food, housing,
sanitation, land and natural resources, including adequate drinking water, water
for domestic use and for food production, and take positive measures to
guarantee the availability and accessibility of those rights, even during times of
scarcity. Particular attention should be paid to ensuring that women living in
poverty, in particular those in informal settlements in both urban and rural
areas, have access to adequate housing, drinking water, sanit ation and food,
especially in the context of disasters and climate change;
(b) Increase resilience to the impacts of disasters and climate change
among women by identifying and supporting livelihoods that are sustainable and
empowering, and develop gender-responsive services, including extension
services to assist women farmers, that enable women to gain access to and benefit
from those livelihoods;
(c) Develop participatory, gender-responsive development plans and
policies that integrate a human rights-based approach, in order to guarantee
sustainable access to adequate housing, food, water and sanitation. Priority
should be given to ensuring the accessibility of services for all women;
(d) Adopt legislation, programmes and policies and allocate budgets to
eliminate homelessness and to ensure that adequate and disaster resilient
housing is available and accessible to all women, including those with disabilities.
Measures must be taken to protect women against forced eviction and to ensure
that public housing and rental assistance schemes accord priority and respond
to the specific needs of groups of women.
F. Right to freedom of movement
73. The increasing frequency and intensity of extreme weather events and
environmental degradation resulting from c limate change are likely to lead to
significant population displacement both within countries and across borders. 29
74. The Committee and many other international human rights bodies, including the
Committee on the Protection of the Rights of All Migrant Wo rkers and Members of
Their Families, have recognized that disasters and climate change are among the push
__________________
29 United Nations Entity for Gender Equality and the Empowerment of Women , “Addressing gender
dimensions in large-scale movements of refugees and migrants”, joint statement by the
Committee on the Protection of the Rights of All Migrant Workers and Members of Their
Families, the Committee on the Elimination of Discrimination against Women, the United
Nations Entity for Gender Equality and the Empowerment of Women and the Office of the
United Nations High Commissioner for Human Rights, 19 September 2016.
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factors for migration, in particular among women. 30 In several regions, climate
change and disasters are contributing to an increase in the migration o f women, on
their own, into sectors of work done predominantly by women, for the purposes of
supporting family members who no longer have local livelihood opportunities.
75. Women migrants face a heightened risk of gender-based violence, including
trafficking in persons, and other forms of discrimination in transit, in camps, at
borders and in destination countries. Women may also face specific human rights
violations during migration and at their destination, owing to a lack of adequate
sexual, reproductive and mental health services and discrimination in gaining access
to employment, social security, education, housing, legal documents such as birth or
marriage certificates, and justice. Migrant women and girls are frequently subject to
intersecting forms of discrimination. Women who migrate may also be vulnerable to
the impacts of climate change in destination areas, in particular in urban centres in
developing countries.
76. In many contexts, however, women are impeded from leaving regions that are
at high risk of disaster or migrating to re -establish their lives in the wake of extreme
climatic events. 31 Gender-based stereotypes, household responsibilities,
discriminatory laws, lack of economic resources and limited access to social capital
frequently restrict the ability of women to migrate.
77. Women who are left behind when male family members migrate may also find
themselves having to take on non-traditional economic and community leadership
tasks for which they have had little preparation or training, s uch as when disasters
occur and women must assume primary responsibility for coordinating mitigation,
recovery and adaptation efforts.
78. In accordance with the Convention and general recommendation No. 26
(2008) on women migrant workers and general recommendation No. 32, States
parties should:
(a) Ensure that migration and development policies are gender responsive
and that they include sound disaster risk considerations and recognize disasters
and climate change as important push factors for internal di splacement and
migration. That information should be incorporated into national and local plans
for monitoring and supporting the rights of women and girls during migration
and displacement;
(b) Facilitate the participation of migrant women, including those who
have been displaced as a result of disasters and climate change, in the
development, implementation and monitoring of policies designed to protect and
promote their human rights at all phases of migration. Particular efforts must
be made to involve migrant women in designing appropriate services in areas
including mental health and psychosocial support, sexual and reproductive
health, education and training, employment, housing and access to justice;
(c) Ensure gender balance among the border police, military personnel
and government officials responsible for the reception of migrants and train
those groups on the gender-specific harm that migrant women may face,
including the increased risk of violence;
(d) Integrate human mobility-related considerations into disaster risk
reduction and climate change mitigation and adaptation policies, taking into
__________________
30 Ibid. See also general recommendation No. 26 (2008) on women migrant workers.
31 Asian Development Bank, Gender Equality and Food Security: Women’s Empowerment as a Tool
against Hunger (Mandaluyong City, Philippines, 2013), p. 12.
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24/24 18-03824
account the specific rights and needs of women and girls, including unmarried
women and women heads of household, before, during and after disasters.
VII. Dissemination and reporting
79. To effectively prevent and mitigate the impacts of disasters and climate change,
States parties and other stakeholders should take measurable and targeted st eps to
collect, analyse and disseminate information and data concerning the development of
strategies, policies and programmes designed to address gender inequalities, reduce
disaster risk and increase resilience to the adv erse effects of climate change.
80. Cooperative networks between civil society organizations working in the field
of gender equality and those working in humanitarian assistance, disaster risk
reduction and climate change should be established and should include national
human rights institutions, government agencies at all levels a nd international
organizations.
81. To ensure that effective monitoring and reporting systems are esta blished,
States parties should:
(a) Design and institutionalize reliable mechanisms to collect and analyse
data and monitor and disseminate findings across all areas relevant to disaster
risk reduction, climate change and gender equality;
(b) Ensure the participation of women at the subnational, national,
regional and international levels in data collection and analysis and the
monitoring and dissemination of findings;
(c) Include information in their periodic reports to the Committee on the
legal frameworks, strategies, budgets and programmes that they have
implemented to ensure that the human rights of women are promoted and
protected within policies relating to climate change and disaster risk reduction;
(d) Translate the present general recommendation into national and local
languages, including indigenous and minority languages, and disseminate it
widely to all branches of government, civil society, the media, academic
institutions and women’s organizations.
GE.18-18251(E)
Committee on Economic, Social and Cultural Rights
Climate change and the International Covenant on
Economic, Social and Cultural Rights
Statement by the Committee on Economic, Social and Cultural Rights*
I. Introduction
1. The Committee on Economic, Social and Cultural Rights welcomes the special
report of the Intergovernmental Panel on Climate Change on the impacts of global warming
of 1.5°C above pre-industrial levels, which was published on 8 October 2018. The report
further demonstrates that climate change constitutes a massive threat to the enjoyment of
economic, social and cultural rights.
2. In 1992, when they adopted the United Nations Framework Convention on Climate
Change, States agreed that they would seek to achieve stabilization of greenhouse gas
concentrations in the atmosphere at a level that would prevent dangerous anthropogenic
interference with the climate system (art. 2). In December 2015, reference was made in the
Paris Agreement to the global goal of keeping temperatures well below 2°C, while also
committing its parties to pursue efforts to limit the temperature increase to 1.5°C (art. 2). In
the report published on 8 October, the Intergovernmental Panel shows that complying with
this limit is imperative.
3. The Committee welcomes the pledges already made. Quite apart from such
voluntary commitments made under the climate change regime, however, all States have
human rights obligations, which should guide them in the design and implementation of
measures to address climate change.
II. Human rights implications of climate change
4. The impacts of climate change on a range of rights guaranteed under the
International Covenant on Economic, Social and Cultural Rights have been amply
documented (A/HRC/32/23). Climate change already affects, in particular, the rights to
health, food, water and sanitation; and it will do so at an increasing pace in the future.
Projected increases in average seasonal temperatures and the frequency and intensity of
heatwaves will contribute to an increase in heat-related deaths. Compared with a future
without climate change, this is anticipated to result in nearly 38,000 additional deaths
annually as of 2030 and nearly 100,000 additional deaths annually as of 2050, with the
* The present statement, which was adopted by the Committee at its sixty-fourth session, held from 24
September to 12 October 2018, was prepared pursuant to the Committee’s practice on the adoption of
statements (see Official Records of the Economic and Social Council, 2011, Supplement No. 2
(E/2011/22), chap. II, sect. K).
United Nations E/C.12/2018/1
Economic and Social Council Distr.: General
31 October 2018
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largest impacts to be felt in South-East Asia. Climate change also affects nutrition through
changes in crop yields, loss of livelihoods, increases in poverty, and reduced access to food,
water and sanitation. Disrupted supplies of water and high temperatures stress crops and
promote algal blooms in reservoirs, while rising ocean acidification affects fisheries. Indeed,
according to the World Bank,1 a 2ºC increase in the average global temperature would put
between 100 million and 400 million more persons at risk of hunger and could result in
more than 3 million additional deaths from malnutrition each year. In 2014, the World
Health Organization estimated approximately 95,000 additional deaths a year on account of
undernutrition of children aged 5 years or less by 2030. The right to housing will also be
affected. Both sea-level rise and extreme weather events, such as hurricanes and floods,
will impact human settlements, especially in urban and coastal areas in which there is a
higher density of human settlements, and especially for those already in vulnerable
situations. Indigenous peoples and communities dependent on natural resources for their
livelihoods are, and will be, particularly hit.
III. Human rights duties of States
5. Under the Covenant, States parties are required to respect, protect and fulfil all
human rights for all. They owe such duties not only to their own populations, but also to
populations outside their territories, in accordance with articles 55 and 56 of the Charter of
the United Nations.2 In so doing, they should act on the basis of the best scientific evidence
available and in accordance with the Covenant.
6. This Committee has already noted that a failure to prevent foreseeable harm to
human rights caused by climate change, or a failure to mobilize the maximum available
resources in an effort to do so, could constitute a breach of this obligation.3 The nationally
determined contributions that have been announced so far are insufficient to meet what
scientists tell us is required to avoid the most severe impacts of climate change. In order to
act consistently with their human rights obligations, those contributions should be revised
to better reflect the “highest possible ambition” referred to in the Paris Agreement (art. 4
(3)). The future implementation guidelines of the Agreement should require States to take
into account their human rights duties in the design of their nationally determined
contributions. This implies acting in accordance with the principles of gender sensitivity,
participation, transparency and accountability; and building on local and traditional
knowledge.
7. Moreover, States parties should adopt measures to adapt to the negative
consequences of climate change, and integrate such measures within existing social,
environmental and budgetary policies at national level. Finally, as part of their duties of
international assistance and cooperation for the realization of human rights, high-income
States should also support adaptation efforts, particularly in developing countries, by
facilitating the transfer of green technologies, and by contributing to the Green Climate
Fund. This would be consistent with the requirement under the Covenant that States ensure
the right of everyone to enjoy the benefits of scientific progress, and with the Covenant’s
acknowledgement of the benefits to be derived from the encouragement and development
of international contacts and cooperation in the scientific field (art. 15 (1) (b) and (4)).
IV. Contribution of human rights mechanisms
8. In some countries, courts and other human rights mechanisms, including national
human rights institutions, have taken an active role in ensuring that States comply with their
duties under existing human rights instruments to combat climate change. In particular,
1 World Bank, World Development Report 2010: Development and Climate Change (Washington, D.C.,
2010).
2 General comment No. 24 (2017) on State obligations under the International Covenant on Economic,
Social and Cultural Rights in the context of business activities, para. 27.
3 See, for example, E/C.12/FIN/CO/6, para. 9; E/C.12/CAN/CO/6, para. 53; and E/C.12/RUS/CO/6,
para. 42.
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courts have accepted to hear claims filed by victims of climate change or by nongovernmental
organizations, and ordered States to adopt action plans reasonably tailored to
the urgent need to mitigate climate change and, where necessary, to adapt to its unavoidable
impacts.
9. The Committee welcomes this development. Human rights mechanisms have an
essential role to play in protecting human rights by ensuring that States avoid taking
measures that could accelerate climate change, and that they dedicate the maximum
available resources to the adoption of measures that could mitigate climate change. Such
measures include accelerating the shift to renewable sources of energy, such as wind or
solar; slowing down deforestation and moving to agroecological farming allowing soils to
function as carbon sinks; improving the insulation of buildings; and investing in public
transport. A fundamental shift from hydrocarbon to renewable energy sources in the global
energy order is urgently required, in order to avoid dangerous anthropogenic interference
with the climate system and the significant human rights violations that such interference
would cause.
10. Complying with human rights obligations in the context of climate change is a duty
of both State and non-State actors. This requires respecting human rights, by refraining
from the adoption of measures that could worsen climate change; protecting human rights,
by effectively regulating private actors to ensure that their actions do not worsen climate
change; and fulfilling human rights, by adopting policies that can channel modes of
production and consumption towards a more environmentally sustainable pathway.
Corporate entities are expected to respect Covenant rights regardless of whether national
laws exist or are fully enforced in practice (see general comment No. 24 (2017) on State
obligations under the International Covenant on Economic, Social and Cultural Rights in
the context of business activities, para. 5). Courts and other human rights mechanisms
should ensure that business activities are appropriately regulated to ensure that they support,
rather than undermine, the efforts of States to combat climate change.
V. Role of the Committee
11. In its future work, the Committee will continue to keep under review the impacts of
climate change on economic, social and cultural rights, and provide guidance to States on
how they can discharge their duties under the Covenant in the mitigation of climate change
and adaptation to its unavoidable effects.
GE.19-15012(E)
*1915012*
Human Rights Committee
General comment No. 36
Article 6: right to life*, **
I. General remarks
1. This general comment replaces general comments No. 6, adopted by the Committee
at its sixteenth session (1982), and No. 14, adopted by the Committee at its twenty-third
session (1984).
2. Article 6 of the International Covenant on Civil and Political Rights recognizes and
protects the right to life of all human beings. The right to life is the supreme right from which
no derogation is permitted, even in situations of armed conflict and other public emergencies
that threaten the life of the nation. 1 The right to life has crucial importance both for
individuals and for society as a whole. It is most precious for its own sake as a right that
inheres in every human being, but it also constitutes a fundamental right,2 the effective
protection of which is the prerequisite for the enjoyment of all other human rights and the
content of which can be informed by other human rights.
3. The right to life is a right that should not be interpreted narrowly. It concerns the
entitlement of individuals to be free from acts and omissions that are intended or may be
expected to cause their unnatural or premature death, as well as to enjoy a life with dignity.
Article 6 of the Covenant guarantees this right for all human beings, without distinction of
any kind, including for persons suspected or convicted of even the most serious crimes.
4. Paragraph 1 of article 6 of the Covenant provides that no one shall be arbitrarily
deprived of life and that this right shall be protected by law. It lays the foundation for the
obligation of States parties to respect and ensure the right to life, to give effect to it through
legislative and other measures, and to provide effective remedies and reparation to all victims
of violations of the right to life.
5. Paragraphs 2, 4, 5 and 6 of article 6 of the Covenant set out specific safeguards to
ensure that in States parties that have not yet abolished the death penalty, death sentences are
not applied except for the most serious crimes, and then only in the most exceptional cases
and under the strictest limits (see part IV below). The prohibition on arbitrary deprivation of
life contained in article 6 (1) further limits the ability of States parties to apply the death
penalty. The provisions in paragraph 3 regulate specifically the relationship between article
6 of the Covenant and the Convention on the Prevention and Punishment of the Crime of
Genocide.
* Adopted by the Committee at its 124th session (8 October–2 November 2018).
** The endnotes are reproduced in the language of submission only.
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6. Deprivation of life involves intentional3 or otherwise foreseeable and preventable lifeterminating
harm or injury, caused by an act or omission. It goes beyond injury to bodily or
mental integrity or a threat thereto.4
7. States parties must respect the right to life. This entails the duty to refrain from
engaging in conduct resulting in arbitrary deprivation of life. States parties must also ensure
the right to life and exercise due diligence to protect the lives of individuals against
deprivations caused by persons or entities whose conduct is not attributable to the State.5 The
obligation of States parties to respect and ensure the right to life extends to reasonably
foreseeable threats and life-threatening situations that can result in loss of life. States parties
may be in violation of article 6 even if such threats and situations do not result in loss of life.6
8. Although States parties may adopt measures designed to regulate voluntary
termination of pregnancy, those measures must not result in violation of the right to life of a
pregnant woman or girl, or her other rights under the Covenant. Thus, restrictions on the
ability of women or girls to seek abortion must not, inter alia, jeopardize their lives, subject
them to physical or mental pain or suffering that violates article 7 of the Covenant,
discriminate against them or arbitrarily interfere with their privacy. States parties must
provide safe, legal and effective access to abortion where the life and health of the pregnant
woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant
woman or girl substantial pain or suffering, most notably where the pregnancy is the result
of rape or incest or where the pregnancy is not viable.7 In addition, States parties may not
regulate pregnancy or abortion in all other cases in a manner that runs contrary to their duty
to ensure that women and girls do not have to resort to unsafe abortions, and they should
revise their abortion laws accordingly.8 For example, they should not take measures such as
criminalizing pregnancy of unmarried women or applying criminal sanctions to women and
girls who undergo abortion9 or to medical service providers who assist them in doing so,
since taking such measures compels women and girls to resort to unsafe abortion. States
parties should remove existing barriers10 to effective access by women and girls to safe and
legal abortion, 11 including barriers caused as a result of the exercise of conscientious
objection by individual medical providers,12 and should not introduce new barriers. States
parties should also effectively protect the lives of women and girls against the mental and
physical health risks associated with unsafe abortions. In particular, they should ensure access
for women and men, and especially girls and boys, 13 to quality and evidence-based
information and education on sexual and reproductive health14 and to a wide range of
affordable contraceptive methods,15 and prevent the stigmatization of women and girls who
seek abortion.16 States parties should ensure the availability of, and effective access to,
quality prenatal and post-abortion health care for women and girls,17 in all circumstances and
on a confidential basis.18
9. While acknowledging the central importance to human dignity of personal autonomy,
States should take adequate measures, without violating their other Covenant obligations, to
prevent suicides, especially among individuals in particularly vulnerable situations, 19
including individuals deprived of their liberty. States parties that allow medical professionals
to provide medical treatment or the medical means to facilitate the termination of life of
afflicted adults, such as the terminally ill, who experience severe physical or mental pain and
suffering and wish to die with dignity, 20 must ensure the existence of robust legal and
institutional safeguards to verify that medical professionals are complying with the free,
informed, explicit and unambiguous decision of their patients, with a view to protecting
patients from pressure and abuse.21
II. Prohibition against arbitrary deprivation of life
10. Although it inheres in every human being,22 the right to life is not absolute. While the
Covenant does not enumerate the permissible grounds for deprivation of life, by requiring
that deprivations of life must not be arbitrary, article 6 (1) implicitly recognizes that some
deprivations of life may be non-arbitrary. For example, the use of lethal force in self-defence,
under the conditions specified in paragraph 12 below, would not constitute an arbitrary
deprivation of life. Even those exceptional measures leading to deprivations of life that are
not arbitrary per se must be applied in a manner that is not arbitrary in fact. Such exceptional
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measures should be established by law and accompanied by effective institutional safeguards
designed to prevent arbitrary deprivations of life. Furthermore, States that have not abolished
the death penalty and that are not parties to the Second Optional Protocol to the Covenant,
aiming at the abolition of the death penalty, or other treaties providing for the abolition of the
death penalty can apply the death penalty only in a non-arbitrary manner, for the most serious
crimes and subject to a number of strict conditions elaborated in part IV below.
11. The second sentence of article 6 (1) requires that the right to life be protected by law,
while the third sentence requires that no one be arbitrarily deprived of life. The two
requirements partly overlap in that a deprivation of life that lacks a legal basis or is otherwise
inconsistent with life-protecting laws and procedures is, as a rule, arbitrary in nature. For
example, a death sentence issued following legal proceedings conducted in violation of
domestic laws of criminal procedure or evidence will generally be both unlawful and
arbitrary.
12. Deprivation of life is, as a rule, arbitrary if it is inconsistent with international law or
domestic law.23 A deprivation of life may, nevertheless, be authorized by domestic law and
still be arbitrary. The notion of “arbitrariness” is not to be fully equated with “against the
law”, but must be interpreted more broadly to include elements of inappropriateness, injustice,
lack of predictability and due process of law, 24 as well as elements of reasonableness,
necessity and proportionality. In order not to be qualified as arbitrary under article 6, the
application of potentially lethal force by a private person acting in self-defence, or by another
person coming to his or her defence, must be strictly necessary in view of the threat posed by
the attacker; it must represent a method of last resort after other alternatives have been
exhausted or deemed inadequate;25 the amount of force applied cannot exceed the amount
strictly needed for responding to the threat;26 the force applied must be carefully directed,
only against the attacker; and the threat responded to must involve imminent death or serious
injury.27 The use of potentially lethal force for law enforcement purposes is an extreme
measure28 that should be resorted to only when strictly necessary in order to protect life or
prevent serious injury from an imminent threat.29 It cannot be used, for example, in order to
prevent the escape from custody of a suspected criminal or a convict who does not pose a
serious and imminent threat to the lives or bodily integrity of others.30 The intentional taking
of life by any means is permissible only if it is strictly necessary in order to protect life from
an imminent threat.31
13. States parties are expected to take all necessary measures to prevent arbitrary
deprivation of life by their law enforcement officials, including soldiers charged with law
enforcement missions. These measures include putting in place appropriate legislation
controlling the use of lethal force by law enforcement officials, procedures designed to ensure
that law enforcement actions are adequately planned in a manner consistent with the need to
minimize the risk they pose to human life,32 mandatory reporting, review and investigation
of lethal incidents and other life-threatening incidents, and supplying forces responsible for
crowd control with effective, less-lethal means and adequate protective equipment in order
to obviate their need to resort to lethal force (see also para. 14 below).33 In particular, all
operations of law enforcement officials should comply with relevant international standards,
including the Code of Conduct for Law Enforcement Officials and the Basic Principles on
the Use of Force and Firearms by Law Enforcement Officials,34 and law enforcement officials
should undergo appropriate training designed to inculcate these standards35 so as to ensure,
in all circumstances, the fullest respect for the right to life.
14. While preferable to more lethal weapons, States parties should ensure that less-lethal
weapons are subject to strict independent testing and evaluate and monitor the impact on the
right to life of weapons such as electro-muscular disruption devices (Tasers),36 rubber or
foam bullets, and other attenuating energy projectiles,37 which are designed for use or are
actually used by law enforcement officials, including soldiers charged with law enforcement
missions.38 The use of such weapons must be restricted to law enforcement officials who
have undergone appropriate training, and must be strictly regulated in accordance with
applicable international standards, including the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials. 39 Furthermore, less-lethal weapons must be
employed only subject to strict requirements of necessity and proportionality, in situations in
which other less harmful measures have proven to be or clearly are ineffective to address the
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threat.40 States parties should not resort to less-lethal weapons in situations of crowd control
that can be addressed through less harmful means, 41 especially situations involving the
exercise of the right to peaceful assembly.
15. When private individuals or entities are empowered or authorized by a State party to
employ force with potentially lethal consequences, the State party is under an obligation to
ensure that such employment of force actually complies with article 6 and the State party
remains responsible for any failure to comply.42 Among other things, a State party must
rigorously limit the powers afforded to private actors and ensure that strict and effective
measures of monitoring and control, as well as adequate training, are in place in order to
guarantee, inter alia, that the powers granted are not misused and do not lead to arbitrary
deprivation of life. For example, a State party must take adequate measures to ensure that
persons who were involved or are currently involved in serious human rights violations or
abuses are excluded from private security entities empowered or authorized to employ
force.43 It must also ensure that victims of arbitrary deprivation of life by private individuals
or entities empowered or authorized by the State party are granted an effective remedy.44
16. Paragraphs 2, 4 and 5 of article 6 implicitly recognize that countries that have not
abolished the death penalty and have not ratified the Second Optional Protocol to the
Covenant, aiming at the abolition of the death penalty, are not legally barred under the
Covenant from applying the death penalty with regard to the most serious crimes, subject to
a number of strict conditions. Other procedures regulating activity that may result in
deprivation of life, such as protocols for administering new drugs, must be established by
law, accompanied by effective institutional safeguards designed to prevent arbitrary
deprivation of life, and must be compatible with other provisions of the Covenant.
17. The deprivation of life of individuals through acts or omissions that violate provisions
of the Covenant other than article 6 is, as a rule, arbitrary in nature. This includes, for example,
the use of force resulting in the death of demonstrators exercising their right to freedom of
assembly45 and the passing of a death sentence following a trial that failed to meet the due
process requirements of article 14 of the Covenant.46
III. Duty to protect life
18. The second sentence of article 6 (1) provides that the right to life “shall be protected
by law”. This implies that States parties must establish a legal framework to ensure the full
enjoyment of the right to life by all individuals as may be necessary to give effect to the right
to life. The duty to protect the right to life by law also includes an obligation for States parties
to adopt any appropriate laws or other measures in order to protect life from all reasonably
foreseeable threats, including from threats emanating from private persons and entities.
19. The duty to protect by law the right to life requires that any substantive ground for
deprivation of life must be prescribed by law and must be defined with sufficient precision
to avoid overly broad or arbitrary interpretation or application.47 Since deprivation of life by
the authorities of the State is a matter of the utmost gravity, the law must strictly control and
limit the circumstances in which a person may be deprived of his or her life by those
authorities,48 and States parties must ensure full compliance with all of the relevant legal
provisions. The duty to protect by law the right to life also requires States parties to organize
all State organs and governance structures through which public authority is exercised in a
manner consistent with the need to respect and ensure the right to life, 49 including
establishing by law adequate institutions and procedures for preventing deprivation of life,
investigating and prosecuting potential cases of unlawful deprivation of life, meting out
punishment and providing full reparation.
20. States parties must enact a protective legal framework that includes effective criminal
prohibitions on all manifestations of violence or incitement to violence that are likely to result
in deprivation of life, such as intentional and negligent homicide, unnecessary or
disproportionate use of firearms,50 infanticide,51 “honour” killings,52 lynching,53 violent hate
crimes,54 blood feuds, 55 ritual killings,56 death threats and terrorist attacks. The criminal
sanctions attached to these crimes must be commensurate with their gravity, 57 while
remaining compatible with all the provisions of the Covenant.
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21. The duty to take positive measures to protect the right to life derives from the general
duty to ensure the rights recognized in the Covenant, which is articulated in article 2 (1) when
read in conjunction with article 6, as well as from the specific duty to protect the right to life
by law, which is articulated in the second sentence of article 6. States parties are thus under
a due diligence obligation to take reasonable, positive measures that do not impose
disproportionate burdens on them58 in response to reasonably foreseeable threats to life
originating from private persons and entities whose conduct is not attributable to the State.59
Hence, States parties are obliged to take adequate preventive measures in order to protect
individuals against reasonably foreseen threats of being murdered or killed by criminals and
organized crime or militia groups, including armed or terrorist groups (see also para. 23
below).60 States parties should also disband irregular armed groups, such as private armies
and vigilante groups, that are responsible for deprivations of life 61 and reduce the
proliferation of potentially lethal weapons to unauthorized individuals.62 States parties must
further take adequate measures of protection, including continuous supervision,63 in order to
prevent, investigate, punish and remedy arbitrary deprivation of life by private entities, such
as private transportation companies, private hospitals64 and private security firms.
22. States parties must take appropriate measures to protect individuals against
deprivation of life by other States, international organizations and foreign corporations
operating within their territory65 or in other areas subject to their jurisdiction. They must also
take appropriate legislative and other measures to ensure that all activities taking place in
whole or in part within their territory and in other places subject to their jurisdiction, but
having a direct and reasonably foreseeable impact on the right to life of individuals outside
their territory, including activities undertaken by corporate entities based in their territory or
subject to their jurisdiction,66 are consistent with article 6, taking due account of related
international standards of corporate responsibility67 and of the right of victims to obtain an
effective remedy.
23. The duty to protect the right to life requires States parties to take special measures of
protection towards persons in vulnerable situations whose lives have been placed at particular
risk because of specific threats68 or pre-existing patterns of violence. Such persons include
human rights defenders (see also para. 53 below), 69 officials fighting corruption and
organized crime, humanitarian workers, journalists,70 prominent public figures, witnesses to
crime71 and victims of domestic and gender-based violence and human trafficking. They may
also include children, 72 especially children in street situations, unaccompanied migrant
children and children in situations of armed conflict, members of ethnic and religious
minorities,73 indigenous peoples,74 lesbian, gay, bisexual, transgender and intersex persons,75
persons with albinism,76 alleged witches,77 displaced persons, asylum seekers, refugees78 and
stateless persons. States parties must respond urgently and effectively in order to protect
individuals who find themselves under a specific threat, by adopting special measures such
as the assignment of around-the-clock police protection, the issuance of protection and
restraining orders against potential aggressors and, in exceptional cases, and only with the
free and informed consent of the threatened individual, protective custody.
24. Persons with disabilities, including psychosocial or intellectual disabilities, are also
entitled to specific measures of protection so as to ensure their effective enjoyment of the
right to life on an equal basis with others.79 Such measures of protection must include the
provision of reasonable accommodation when necessary to ensure the right to life, such as
ensuring access of persons with disabilities to essential facilities and services,80 and specific
measures designed to prevent unwarranted use of force by law enforcement agents against
persons with disabilities.81
25. States parties also have a heightened duty of care to take any necessary measures to
protect the lives of individuals deprived of their liberty by the State,82 since by arresting,
detaining, imprisoning or otherwise depriving individuals of their liberty, States parties
assume the responsibility to care for their lives83 and bodily integrity, and they may not rely
on lack of financial resources or other logistical problems to reduce this responsibility.84 The
same heightened duty of care attaches to individuals held in private incarceration facilities
operating pursuant to an authorization by the State. The duty to protect the life of all detained
individuals includes providing them with the necessary medical care and appropriate regular
monitoring of their health, 85 shielding them from inter-prisoner violence, 86 preventing
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suicides and providing reasonable accommodation for persons with disabilities. 87 A
heightened duty to protect the right to life also applies to individuals quartered in libertyrestricting
State-run facilities, such as mental health facilities,88 military camps,89 refugee
camps and camps for internally displaced persons,90 juvenile institutions and orphanages.
26. The duty to protect life also implies that States parties should take appropriate
measures to address the general conditions in society that may give rise to direct threats to
life or prevent individuals from enjoying their right to life with dignity. These general
conditions may include high levels of criminal and gun violence,91 pervasive traffic and
industrial accidents,92 degradation of the environment (see also para. 62 below),93 deprivation
of indigenous peoples’ land, territories and resources,94 the prevalence of life-threatening
diseases, such as AIDS, tuberculosis and malaria,95 extensive substance abuse, widespread
hunger and malnutrition and extreme poverty and homelessness.96 The measures called for
to address adequate conditions for protecting the right to life include, where necessary,
measures designed to ensure access without delay by individuals to essential goods and
services such as food,97 water, shelter, health care,98 electricity and sanitation, and other
measures designed to promote and facilitate adequate general conditions, such as the
bolstering of effective emergency health services, emergency response operations (including
firefighters, ambulance services and police forces) and social housing programmes. States
parties should also develop strategic plans for advancing the enjoyment of the right to life,
which may comprise measures to fight the stigmatization associated with disabilities and
diseases, including sexually transmitted diseases, which hamper access to medical care;99
detailed plans to promote education for non-violence; and campaigns for raising awareness
of gender-based violence100 and harmful practices,101 and for improving access to medical
examinations and treatments designed to reduce maternal and infant mortality. 102
Furthermore, States parties should also develop, when necessary, contingency plans and
disaster management plans designed to increase preparedness and address natural and manmade
disasters that may adversely affect enjoyment of the right to life, such as hurricanes,
tsunamis, earthquakes, radioactive accidents and massive cyberattacks resulting in disruption
of essential services.
27. An important element of the protection afforded to the right to life by the Covenant is
the obligation on the States parties, where they know or should have known of potentially
unlawful deprivations of life, to investigate and, where appropriate, prosecute the perpetrators
of such incidents, including incidents involving allegations of excessive use of force with
lethal consequences (see also para. 64 below). 103 The duty to investigate also arises in
circumstances in which a serious risk of deprivation of life was caused by the use of
potentially lethal force, even if the risk did not materialize (see also para. 7 above). This
obligation is implicit in the obligation to protect and is reinforced by the general duty to
ensure the rights recognized in the Covenant, which is articulated in article 2 (1), when read
in conjunction with article 6 (1), and the duty to provide an effective remedy to victims of
human rights violations104 and their relatives,105 which is articulated in article 2 (3) of the
Covenant, when read in conjunction with article 6 (1). Investigations and prosecutions of
potentially unlawful deprivations of life should be undertaken in accordance with relevant
international standards, including the Minnesota Protocol on the Investigation of Potentially
Unlawful Death, and must be aimed at ensuring that those responsible are brought to
justice, 106 at promoting accountability and preventing impunity, 107 at avoiding denial of
justice108 and at drawing necessary lessons for revising practices and policies with a view to
avoiding repeated violations. 109 Investigations should explore, inter alia, the legal
responsibility of superior officials with regard to violations of the right to life committed by
their subordinates.110 Given the importance of the right to life, States parties must generally
refrain from addressing violations of article 6 merely through administrative or disciplinary
measures, and a criminal investigation is normally required, which should lead, if enough
incriminating evidence is gathered, to a criminal prosecution.111 Immunities and amnesties
provided to perpetrators of intentional killings and to their superiors, and comparable
measures leading to de facto or de jure impunity, are, as a rule, incompatible with the duty to
respect and ensure the right to life, and to provide victims with an effective remedy.112
28. Investigations into allegations of violations of article 6 must always be independent,113
impartial,114 prompt,115 thorough,116 effective,117 credible118 and transparent (see also para. 64
below).119 In the event that a violation is found, full reparation must be provided, including,
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in view of the particular circumstances of the case, adequate measures of compensation,
rehabilitation and satisfaction.120 States parties are also under an obligation to take steps to
prevent the occurrence of similar violations in the future.121 Where relevant, the investigation
should include an autopsy of the victim’s body,122 whenever possible, in the presence of a
representative of the victim’s relatives.123 States parties need to take, among other things,
appropriate measures to establish the truth relating to the events leading to the deprivation of
life, including the reasons and legal basis for targeting certain individuals and the procedures
employed by State forces before, during and after the time at which the deprivation
occurred,124 and identify the bodies of the individuals who have lost their lives.125 States
parties should also disclose relevant details about the investigation to the victim’s next of
kin,126 allow the next of kin to present new evidence, afford the next of kin legal standing in
the investigation,127 and make public information about the investigative steps taken and the
findings, conclusions and recommendations emanating from the investigation,128 subject to
absolutely necessary redactions justified by a compelling need to protect the public interest
or the privacy and other legal rights of directly affected individuals. States parties must also
take the necessary steps to protect witnesses, victims and their relatives and persons
conducting the investigation from threats, attacks and any act of retaliation. An investigation
into violations of the right to life should commence when appropriate ex officio.129 States
should support and cooperate in good faith with international mechanisms of investigation
and prosecutions addressing possible violations of article 6.130
29. Loss of life occurring in custody, in unnatural circumstances, creates a presumption
of arbitrary deprivation of life by State authorities, which can only be rebutted on the basis
of a proper investigation that establishes the State’s compliance with its obligations under
article 6.131 States parties also have a particular duty to investigate allegations of violations
of article 6 whenever State authorities have used or appear to have used firearms or other
potentially lethal force outside the immediate context of an armed conflict, for example, when
live fire has been used against demonstrators,132 or when civilians have been found dead in
circumstances fitting a pattern of alleged violations of the right to life by State authorities.133
30. The duty to respect and ensure the right to life requires States parties to refrain from
deporting, extraditing or otherwise transferring individuals to countries in which there are
substantial grounds for believing that a real risk exists that their right to life under article 6
of the Covenant would be violated.134 Such a risk must be personal in nature135 and cannot
derive merely from the general conditions in the receiving State, except in the most extreme
cases.136 For example, as explained in paragraph 34 below, it would be contrary to article 6
to extradite an individual from a country that had abolished the death penalty to a country in
which he or she might face the death penalty.137 Similarly, it would be inconsistent with
article 6 to deport an individual to a country in which a fatwa had been issued against him or
her by local religious authorities, without verifying that the fatwa was not likely to be
followed;138 or to deport an individual to an extremely violent country in which he or she had
never lived, had no social or family contacts and could not speak the local language.139 In
cases involving allegations of risk to the life of the removed individual emanating from the
authorities of the receiving State, the situation of the removed individual and the conditions
in the receiving States need to be assessed, inter alia, based on the intent of the authorities of
the receiving State, the pattern of conduct they have shown in similar cases, 140 and the
availability of credible and effective assurances about their intentions. When the alleged risk
to life emanates from non-State actors or foreign States operating in the territory of the
receiving State, credible and effective assurances for protection by the authorities of the
receiving State may be sought and internal flight options could be explored. When relying
upon assurances from the receiving State of treatment upon removal, the removing State
should put in place adequate mechanisms for ensuring compliance with the issued assurances
from the moment of removal onwards.141
31. The obligation not to extradite, deport or otherwise transfer, pursuant to article 6 of
the Covenant, may be broader than the scope of the principle of non-refoulement under
international refugee law, since it may also require the protection of aliens not entitled to
refugee status. States parties must, however, allow all asylum seekers claiming a real risk of
a violation of their right to life in the State of origin access to refugee or other individualized
or group status determination procedures that could offer them protection against
refoulement.142
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IV. Imposition of the death penalty
32. Paragraphs 2, 4, 5 and 6 of article 6 regulate the imposition of the death penalty by
those countries that have not yet abolished it.
33. Paragraph 2 of article 6 strictly limits the application of the death penalty, firstly, to
States parties that have not abolished the death penalty, and secondly, to the most serious
crimes. Given the anomalous nature of regulating the application of the death penalty in an
instrument enshrining the right to life, the contents of paragraph 2 have to be narrowly
construed.143
34. States parties to the Covenant that have abolished the death penalty, through amending
their domestic laws, becoming parties to the Second Optional Protocol to the Covenant,
aiming at the abolition of the death penalty, or adopting another international instrument
obligating them to abolish the death penalty, are barred from reintroducing it. Like the
Covenant, the Second Optional Protocol does not contain termination provisions and States
parties cannot denounce it. Abolition of the death penalty is therefore legally irrevocable.
Furthermore, States parties may not transform into a capital offence any offence that, upon
ratification of the Covenant or at any time thereafter, did not entail the death penalty. Nor
can they remove legal conditions from an existing offence with the result of permitting the
imposition of the death penalty in circumstances in which it was not possible to impose it
before. States parties that have abolished the death penalty cannot deport, extradite or
otherwise transfer persons to a country in which they are facing criminal charges that carry
the death penalty, unless credible and effective assurances against the imposition of the death
penalty have been obtained.144 In the same vein, the obligation not to reintroduce the death
penalty for any specific crime requires States parties not to deport, extradite or otherwise
transfer an individual to a country in which he or she is expected to stand trial for a capital
offence, if the same offence does not carry the death penalty in the removing State, unless
credible and effective assurances against exposing the individual to the death penalty have
been obtained.
35. The term “the most serious crimes” must be read restrictively145 and appertain only to
crimes of extreme gravity146 involving intentional killing.147 Crimes not resulting directly and
intentionally in death,148 such as attempted murder,149 corruption and other economic and
political crimes, 150 armed robbery, 151 piracy, 152 abduction, 153 drug154 and sexual offences,
although serious in nature, can never serve as the basis, within the framework of article 6, for
the imposition of the death penalty. In the same vein, a limited degree of involvement or of
complicity in the commission of even the most serious crimes, such as providing the physical
means for the commission of murder, cannot justify the imposition of the death penalty.
States parties are under an obligation to review their criminal laws so as to ensure that the
death penalty is not imposed for crimes that do not qualify as the most serious crimes.155 They
should also revoke death sentences issued for crimes not qualifying as the most serious crimes
and pursue the necessary legal procedures to resentence those convicted for such crimes.
36. Under no circumstances can the death penalty ever be applied as a sanction against
conduct the very criminalization of which violates the Covenant, including adultery,
homosexuality, apostasy,156 establishing political opposition groups157 or offending a head of
State.158 States parties that retain the death penalty for such offences commit a violation of
their obligations under article 6, read alone and in conjunction with article 2 (2) of the
Covenant, as well as of other provisions of the Covenant.
37. In all cases involving the application of the death penalty, the personal circumstances
of the offender and the particular circumstances of the offence, including its specific
attenuating elements,159 must be considered by the sentencing court. Hence, mandatory death
sentences that leave domestic courts with no discretion as to whether to designate the offence
as a crime warranting the death penalty, and whether to issue the death sentence in the
particular circumstances of the offender, are arbitrary in nature.160 The availability of a right
to seek pardon or commutation on the basis of the special circumstances of the case or the
accused is not an adequate substitute for the need for judicial discretion in the application of
the death penalty.161
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38. Article 6 (2) also requires States parties to ensure that any death sentence would be
“in accordance with the law in force at the time of the commission of the crime”. This
application of the principle of legality complements and reaffirms the application of the
principle of nulla poena sine lege found in article 15 (1) of the Covenant. As a result, the
death penalty can never be imposed if it was not provided by law for the offence at the time
of its commission. Nor can the imposition of the death penalty be based on vaguely defined
criminal provisions,162 whose application to the convicted individual depend on subjective or
discretionary considerations,163 the application of which is not reasonably foreseeable.164 On
the other hand, the abolition of the death penalty should apply retroactively to individuals
charged or convicted of a capital offence in accordance with the retroactive leniency (lex
mitior) principle, which finds partial expression in the third sentence of article 15 (1),
requiring States parties to grant offenders the benefit of lighter penalties adopted after the
commission of the offence. The retroactive application of the abolition of the death penalty
to all individuals charged or convicted of a capital crime also derives from the fact that the
need for applying the death penalty cannot be justified once it has been abolished.
39. Article 6 (3) reminds all States parties that are also parties to the Convention on the
Prevention and Punishment of the Crime of Genocide of their obligations to prevent and
punish the crime of genocide, which include the obligation to prevent and punish all
deprivations of life, which constitute part of a crime of genocide. Under no circumstances
can the death penalty be imposed as part of a policy of genocide against members of a national,
ethnic, racial or religious group.
40. States parties that have not abolished the death penalty must respect article 7 of the
Covenant, which prohibits certain methods of execution. Failure to respect article 7 would
inevitably render the execution arbitrary in nature and thus also in violation of article 6. The
Committee has already opined that stoning, 165 injection of untested lethal drugs, 166 gas
chambers,167 burning and burying alive168 and public executions169 are contrary to article 7.
For similar reasons, other painful and humiliating methods of execution are also unlawful
under the Covenant. Failure to provide individuals on death row with timely notification
about the date of their execution constitutes, as a rule, a form of ill-treatment, which renders
the subsequent execution contrary to article 7 of the Covenant.170 Extreme delays in the
implementation of a death penalty sentence that exceed any reasonable period of time
necessary to exhaust all legal remedies171 may also entail the violation of article 7 of the
Covenant, especially when the long time on death row exposes sentenced persons to harsh172
or stressful conditions, including solitary confinement,173 and when sentenced persons are
particularly vulnerable due to factors such as age, health or mental state.174
41. Violation of the fair trial guarantees provided for in article 14 of the Covenant in
proceedings resulting in the imposition of the death penalty would render the sentence
arbitrary in nature, and in violation of article 6 of the Covenant.175 Such violations might
involve the use of forced confessions;176 the inability of the accused to question relevant
witnesses;177 lack of effective representation involving confidential attorney-client meetings
during all stages of the criminal proceedings, 178 including criminal interrogation, 179
preliminary hearings,180 trial181 and appeal;182 failure to respect the presumption of innocence,
which may manifest itself in the accused being placed in a cage or being handcuffed during
the trial;183 lack of an effective right of appeal;184 lack of adequate time and facilities for the
preparation of the defence, including the inability to access legal documents essential for
conducting the legal defence or appeal, such as official prosecutorial applications to the
court,185 the court’s judgment186 or the trial transcript; lack of suitable interpretation;187 failure
to provide accessible documents and procedural accommodation for persons with disabilities;
excessive and unjustified delays in the trial188 or the appeal process;189 and general lack of
fairness of the criminal process,190 or lack of independence or impartiality of the trial or
appeal court.
42. Other serious procedural flaws not explicitly covered by article 14 of the Covenant
may nonetheless render the imposition of the death penalty contrary to article 6. For example,
a failure to promptly inform detained foreign nationals of their right to consular notification
pursuant to the Vienna Convention on Consular Relations, resulting in the imposition of the
death penalty,191 and failure to afford individuals about to be deported to a country in which
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their lives are claimed to be at real risk the opportunity to avail themselves of available appeal
procedures192 would violate article 6 (1) of the Covenant.
43. The execution of sentenced persons whose guilt has not been established beyond
reasonable doubt also constitutes an arbitrary deprivation of life. States parties must therefore
take all feasible measures in order to avoid wrongful convictions in death penalty cases,193 to
review procedural barriers to reconsideration of convictions and to re-examine past
convictions on the basis of new evidence, including new DNA evidence. States parties should
also consider the implications for the evaluation of evidence presented in capital cases of new
reliable studies, including studies suggesting the prevalence of false confessions and the
unreliability of eyewitness testimony.
44. The death penalty must not be imposed in a discriminatory manner contrary to the
requirements of articles 2 (1) and 26 of the Covenant. Data suggesting that members of
religious, racial or ethnic minorities, indigent persons or foreign nationals are
disproportionately likely to face the death penalty may indicate an unequal application of the
death penalty, which raises concerns under article 2 (1) read in conjunction with article 6, as
well as under article 26.194
45. According to the last sentence of article 6 (2), the death penalty can only be carried
out pursuant to a judgment of a competent court. Such a court must be established by law
within the judiciary, be independent of the executive and legislative branches and be
impartial.195 It should be established before the commission of the offence. As a rule, civilians
must not be tried for capital crimes before military tribunals196 and military personnel can be
tried for offences carrying the death penalty only before a tribunal affording all fair trial
guarantees. Furthermore, the Committee does not consider courts of customary justice to
constitute judicial institutions offering sufficient fair trial guarantees to enable them to try
capital crimes. The issuance of a death penalty without any trial, for example in the form of
a religious edict197 or military order that the State plans to carry out or allows to be carried
out, violates both articles 6 and 14 of the Covenant.
46. Any penalty of death can be carried out only pursuant to a final judgment, after an
opportunity to resort to all judicial appeal procedures has been provided to the sentenced
person, and after petitions to all other available non-judicial avenues have been resolved,
including supervisory review by prosecutors or courts, and consideration of requests for
official or private pardon. Furthermore, death sentences must not be carried out as long as
international interim measures requiring a stay of execution are in place. Such interim
measures are designed to allow review of the sentence before international courts, human
rights courts and commissions, and international monitoring bodies, such as the United
Nations treaty bodies. Failure to implement such interim measures is incompatible with the
obligation to respect in good faith the procedures established under the specific treaties
governing the work of the relevant international bodies.198
47. States parties are required pursuant to article 6 (4) to allow individuals sentenced to
death to seek pardon or commutation, to ensure that amnesties, pardons and commutation
can be granted to them in appropriate circumstances, and to ensure that sentences are not
carried out before requests for pardon or commutation have been meaningfully considered
and conclusively decided upon according to applicable procedures. 199 No category of
sentenced persons can be a priori excluded from such measures of relief, nor should the
conditions for attainment of relief be ineffective, unnecessarily burdensome, discriminatory
in nature or applied in an arbitrary manner.200 Article 6 (4) does not prescribe a particular
procedure for the exercise of the right to seek pardon or commutation and States parties
consequently retain discretion in spelling out the relevant procedures. 201 Still, such
procedures should be specified in domestic legislation,202 and they should not afford the
families of victims of crime a preponderant role in determining whether the death sentence
should be carried out.203 Furthermore, pardon or commutation procedures must offer certain
essential guarantees, including certainty about the processes followed and the substantive
criteria applied and the rights for individuals sentenced to death to initiate pardon or
commutation procedures and to make representations about their personal or other relevant
circumstances, to be informed in advance when the request will be considered, and to be
informed promptly about the outcome of the procedure.204
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48. Article 6 (5) prohibits the imposition of the death penalty for crimes committed by
persons below the age of 18 at the time of the offence.205 This necessarily implies that such
persons can never face the death penalty for that offence, regardless of their age at the time
of sentencing or at the time foreseen for carrying out the sentence.206 If there is no reliable
and conclusive proof that the person was not below the age of 18 at the time the crime was
committed, he or she will have the right to the benefit of the doubt and the death penalty
cannot be imposed.207 Article 6 (5) also prohibits States parties from carrying out the death
penalty on pregnant women.
49. States parties must refrain from imposing the death penalty on individuals who face
special barriers in defending themselves on an equal basis with others, such as persons whose
serious psychosocial or intellectual disabilities impede their effective defence, 208 and on
persons who have limited moral culpability. They should also refrain from executing persons
who have a diminished ability to understand the reasons for their sentence, and persons whose
execution would be exceptionally cruel or would lead to exceptionally harsh results for them
and their families, such as persons of advanced age,209 parents of very young or dependent
children, and individuals who have suffered serious human rights violations in the past.210
50. Article 6 (6) reaffirms the position that States parties that are not yet totally abolitionist
should be on an irrevocable path towards complete eradication of the death penalty, de facto
and de jure, in the foreseeable future. The death penalty cannot be reconciled with full respect
for the right to life, and abolition of the death penalty is both desirable211 and necessary for
the enhancement of human dignity and progressive development of human rights.212 It is
contrary to the object and purpose of article 6 for States parties to take steps to increase de
facto the rate of use of and the extent to which they resort to the death penalty,213 or to reduce
the number of pardons and commutations they grant.
51. Although the allusion to the conditions for application of the death penalty in article
6 (2) suggests that when drafting the Covenant, the States parties did not universally regard
the death penalty as a cruel, inhuman or degrading punishment per se, 214 subsequent
agreements by the States parties or subsequent practice establishing such agreements may
ultimately lead to the conclusion that the death penalty is contrary to article 7 of the Covenant
under all circumstances.215 The increasing number of States parties to the Second Optional
Protocol to the Covenant, aiming at the abolition of the death penalty, other international
instruments prohibiting the imposition or carrying out of the death penalty, and the growing
number of non-abolitionist States that have nonetheless introduced a de facto moratorium on
the exercise of the death penalty, suggest that considerable progress may have been made
towards establishing an agreement among the States parties to consider the death penalty as
a cruel, inhuman or degrading form of punishment.216 Such a legal development is consistent
with the pro-abolitionist spirit of the Covenant, which manifests itself, inter alia, in the texts
of article 6 (6) and the Second Optional Protocol.
V. Relationship of article 6 with other articles of the Covenant
and other legal regimes
52. The standards and guarantees of article 6 both overlap and interact with other
provisions of the Covenant. Some forms of conduct simultaneously violate both article 6 and
another article. For example, applying the death penalty in response to a crime that does not
constitute a most serious crime (see also para. 35 above) would violate both article 6 (2) and,
in light of the extreme nature of the punishment, article 7.217 At other times, the contents of
article 6 (1) are informed by the contents of other articles. For example, application of the
death penalty may amount to an arbitrary deprivation of life under article 6 by virtue of the
fact that it represents a punishment for exercising freedom of expression, in violation of
article 19.
53. Article 6 also reinforces the obligations of States parties under the Covenant and the
Optional Protocol to protect individuals against reprisals for promoting and striving to protect
and realize human rights, including through cooperation or communication with the
Committee.218 States parties must take the necessary measures to respond to death threats and
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to provide adequate protection to human rights defenders, 219 including the creation and
maintenance of a safe and enabling environment for defending human rights.
54. Torture and ill-treatment, which may seriously affect the physical and mental health
of the mistreated individual, could also generate the risk of deprivation of life. Furthermore,
criminal convictions resulting in the death penalty that are based on information procured by
torture or cruel, inhuman or degrading treatment of interrogated persons would violate
articles 7 and 14 (3) (g) of the Covenant, as well as article 6 (see also para. 41 above).220
55. Returning individuals to countries where there are substantial grounds for believing
that they face a real risk to their lives violates articles 6 and 7 of the Covenant (see also para.
31 above).221 In addition, making an individual who has been sentenced to death believe that
the sentence has been commuted only to inform him or her later that it has not, 222 and placing
an individual on death row pursuant to a death sentence that is void ab initio,223 would run
contrary to both articles 6 and 7.
56. The arbitrary deprivation of life of an individual may cause his or her relatives mental
suffering, which could amount to a violation of their own rights under article 7 of the
Covenant. Furthermore, even when the deprivation of life is not arbitrary, failure to provide
relatives with information on the circumstances of the death of an individual may violate
their rights under article 7,224 as could failure to inform them of the location of the body,225
and, where the death penalty is applied, of the date on which the State party plans to carry
out the death penalty.226 Relatives of individuals deprived of their life by the State must be
able to receive the remains, if they so wish.227
57. The right to life guaranteed by article 6 of the Covenant, including the right to
protection of life under article 6 (1), may overlap with the right to security of person
guaranteed by article 9 (1). Extreme forms of arbitrary detention that are themselves lifethreatening,
in particular enforced disappearances, violate the right to personal liberty and
personal security and are incompatible with the right to life (see also para. 58 below).228
Failure to respect the procedural guarantees found in article 9 (3) and (4), designed inter alia
to prevent disappearances, could also result in a violation of article 6.229
58. Enforced disappearance constitutes a unique and integrated series of acts and
omissions representing a grave threat to life.230 The deprivation of liberty, followed by a
refusal to acknowledge that deprivation of liberty or by concealment of the fate of the
disappeared person, in effect removes that person from the protection of the law and places
his or her life at serious and constant risk, for which the State is accountable.231 It thus results
in a violation of the right to life as well as other rights recognized in the Covenant, in
particular, article 7 (prohibition of torture or cruel, inhuman or degrading treatment or
punishment), article 9 (liberty and security of person) and article 16 (right to recognition as
a person before the law). States parties must take adequate measures to prevent the enforced
disappearance of individuals, and conduct an effective and speedy inquiry to establish the
fate and whereabouts of persons who may have been subject to enforced disappearance.
States parties should also ensure that the enforced disappearance of persons is punished with
appropriate criminal sanctions, and introduce prompt and effective procedures for cases of
disappearance to be investigated thoroughly by independent and impartial bodies232 that
operate, as a rule, within the ordinary criminal justice system. They should bring to justice
the perpetrators of such acts and omissions and ensure that victims of enforced disappearance
and their relatives are informed about the outcome of the investigation and are provided with
full reparation. 233 Under no circumstances should families of victims of enforced
disappearance be obliged to declare them dead in order to be eligible for reparation.234 States
parties should also provide families of victims of disappeared persons with the means to
regularize their legal status in relation to the disappeared persons after an appropriate period
of time.235
59. A particular connection exists between article 6 and article 20, which prohibits any
propaganda for war and certain forms of advocacy constituting incitement to discrimination,
hostility or violence. Failure to comply with these obligations under article 20 may also
constitute a failure to take the necessary measures to protect the right to life under article 6.236
60. Article 24 (1) of the Covenant entitles every child to such measures of protection as
are required by his or her status as a minor, on the part of his or her family, society and the
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State. This article requires adoption of special measures designed to protect the life of every
child, in addition to the general measures required by article 6 for protecting the lives of all
individuals.237 When taking special measures of protection, States parties should be guided
by the best interests of the child, 238 and by the need to ensure all children’s survival,
development239 and well-being.240
61. The right to life must be respected and ensured without distinction of any kind, such
as race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth, or any other status, including caste,241 ethnicity, membership of an indigenous
group, sexual orientation or gender identity, 242 disability, 243 socioeconomic status, 244
albinism245 and age. 246 Legal protections for the right to life must apply equally to all
individuals and provide them with effective guarantees against all forms of discrimination,
including multiple and intersectional forms of discrimination. 247 Any deprivation of life
based on discrimination in law or in fact is ipso facto arbitrary in nature. Femicide, which
constitutes an extreme form of gender-based violence that is directed against girls and women,
is a particularly grave form of assault on the right to life.248
62. Environmental degradation, climate change and unsustainable development constitute
some of the most pressing and serious threats to the ability of present and future generations
to enjoy the right to life. 249 The obligations of States parties under international
environmental law should thus inform the content of article 6 of the Covenant, and the
obligation of States parties to respect and ensure the right to life should also inform their
relevant obligations under international environmental law. 250 Implementation of the
obligation to respect and ensure the right to life, and in particular life with dignity, depends,
inter alia, on measures taken by States parties to preserve the environment and protect it
against harm, pollution and climate change caused by public and private actors. States parties
should therefore ensure sustainable use of natural resources, develop and implement
substantive environmental standards, conduct environmental impact assessments and consult
with relevant States about activities likely to have a significant impact on the environment,
provide notification to other States concerned about natural disasters and emergencies and
cooperate with them, provide appropriate access to information on environmental hazards
and pay due regard to the precautionary approach.251
63. In light of article 2 (1) of the Covenant, a State party has an obligation to respect and
ensure the rights under article 6 of all persons who are within its territory and all persons
subject to its jurisdiction, that is, all persons over whose enjoyment of the right to life it
exercises power or effective control.252 This includes persons located outside any territory
effectively controlled by the State whose right to life is nonetheless affected by its military
or other activities in a direct and reasonably foreseeable manner (see para. 22 above).253 States
also have obligations under international law not to aid or assist activities undertaken by other
States and non-State actors that violate the right to life.254 Furthermore, States parties must
respect and protect the lives of individuals located in places that are under their effective
control, such as occupied territories, and in territories over which they have assumed an
international obligation to apply the Covenant. States parties are also required to respect and
protect the lives of all individuals located on marine vessels and aircraft registered by them
or flying their flag, and of those individuals who find themselves in a situation of distress at
sea, in accordance with their international obligations on rescue at sea.255 Given that the
deprivation of liberty brings a person within a State’s effective control, States parties must
respect and protect the right to life of all individuals arrested or detained by them, even if
held outside their territory.256
64. Like the rest of the Covenant, article 6 continues to apply also in situations of armed
conflict to which the rules of international humanitarian law are applicable, including to the
conduct of hostilities.257 While rules of international humanitarian law may be relevant for
the interpretation and application of article 6 when the situation calls for their application,
both spheres of law are complementary, not mutually exclusive. 258 Use of lethal force
consistent with international humanitarian law and other applicable international law norms
is, in general, not arbitrary. By contrast, practices inconsistent with international
humanitarian law, entailing a risk to the lives of civilians and other persons protected by
international humanitarian law, including the targeting of civilians, civilian objects and
objects indispensable to the survival of the civilian population, indiscriminate attacks, failure
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to apply the principles of precaution and proportionality, and the use of human shields would
also violate article 6 of the Covenant.259 States parties should, in general, disclose the criteria
for attacking with lethal force individuals or objects whose targeting is expected to result in
deprivation of life, including the legal basis for specific attacks, the process of identification
of military targets and combatants or persons taking a direct part in hostilities, the
circumstances in which relevant means and methods of warfare have been used, 260 and
whether less harmful alternatives were considered. They must also investigate alleged or
suspected violations of article 6 in situations of armed conflict in accordance with the relevant
international standards (see paras. 27–28 above).261
65. States parties engaged in the deployment, use, sale or purchase of existing weapons
and in the study, development, acquisition or adoption of weapons, and means or methods of
warfare, must always consider their impact on the right to life. 262 For example, the
development of autonomous weapon systems lacking in human compassion and judgment
raises difficult legal and ethical questions concerning the right to life, including questions
relating to legal responsibility for their use. The Committee is therefore of the view that such
weapon systems should not be developed and put into operation, either in times of war or in
times of peace, unless it has been established that their use conforms with article 6 and other
relevant norms of international law.263
66. The threat or use of weapons of mass destruction, in particular nuclear weapons,
which are indiscriminate in effect and are of a nature to cause destruction of human life on a
catastrophic scale, is incompatible with respect for the right to life and may amount to a crime
under international law. States parties must take all necessary measures to stop the
proliferation of weapons of mass destruction, including measures to prevent their acquisition
by non-State actors, to refrain from developing, producing, testing, acquiring, stockpiling,
selling, transferring and using them, to destroy existing stockpiles, and to take adequate
measures of protection against accidental use, all in accordance with their international
obligations.264 They must also respect their international obligations to pursue in good faith
negotiations in order to achieve the aim of nuclear disarmament under strict and effective
international control,265 and to afford adequate reparation to victims whose right to life has
been or is being adversely affected by the testing or use of weapons of mass destruction, in
accordance with principles of international responsibility.266
67. Article 6 is included in the list of non-derogable rights in article 4 (2) of the Covenant.
Hence, the guarantees against arbitrary deprivation of life contained in article 6 continue to
apply in all circumstances, including in situations of armed conflict and other public
emergencies.267 The existence and nature of a public emergency that threatens the life of the
nation may, however, be relevant to a determination of whether a particular act or omission
leading to deprivation of life is arbitrary and to a determination of the scope of the positive
measures that States parties must take. Although some Covenant rights other than the right
to life may be subject to derogation, derogable rights that support the application of article 6
must not be diminished by measures of derogation. 268 Such rights include procedural
guarantees, such as the right to fair trial in death penalty cases, and accessible and effective
measures to vindicate rights, such as the duty to take appropriate measures to investigate,
prosecute, punish and remedy violations of the right to life.
68. Reservations with respect to the peremptory and non-derogable obligations set out in
article 6 are incompatible with the object and purpose of the Covenant. In particular, no
reservation is permitted to the prohibition against arbitrary deprivation of life of persons and
to the strict limits provided in article 6 with respect to the application of the death penalty.269
69. Wars and other acts of mass violence continue to be a scourge of humanity resulting
in the loss of many thousands of lives every year.270 Efforts to avert the risks of war and any
other armed conflict, and to strengthen international peace and security, are among the most
important safeguards of the right to life.271
70. States parties engaged in acts of aggression as defined in international law, resulting
in deprivation of life, violate ipso facto article 6 of the Covenant. At the same time, all States
are reminded of their responsibility as members of the international community to protect
lives and to oppose widespread or systematic attacks on the right to life,272 including acts of
aggression, international terrorism, genocide, crimes against humanity and war crimes, while
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respecting all of their obligations under international law. States parties that fail to take all
reasonable measures to settle their international disputes by peaceful means might fall short
of complying with their positive obligation to ensure the right to life.
Notes
1 International Covenant on Civil and Political Rights, art. 4; Human Rights Committee, general
comment No. 6 (1982) on the right to life, para. 1; general comment No. 14 (1984) on the right to life,
para. 1; Camargo v. Colombia, communication No. 45/1979, para. 13.1; Baboeram-Adhin et al. v.
Suriname, communications Nos. 146/1983 and 148–154/1983, para. 14.3.
2 Universal Declaration of Human Rights, preamble.
3 Camargo v. Colombia, para. 13.2.
4 Human Rights Committee, general comment No. 35 (2014) on liberty and security of person, paras. 9
and 55.
5 Human Rights Committee, general comment No. 31 (2004) on the nature of the general legal
obligation imposed on States parties to the Covenant, para. 8. See also European Court of Human
Rights, Osman v. United Kingdom (case No. 87/1997/871/1083), judgment of 28 October 1998, para.
116.
6 Chongwe v. Zambia (CCPR/C/70/D/821/1998), para. 5.2. See also European Court of Human Rights,
İlhan v. Turkey (application No. 22277/93), judgment of 27 June 2000, paras. 75–76; Inter-American
Court of Human Rights, Rochela massacre v. Colombia, judgment of 11 May 2007, para. 127.
7 Mellet v. Ireland (CCPR/C/116/D/2324/2013), paras. 7.4–7.8; CCPR/C/IRL/CO/4, para. 9.
8 Human Rights Committee, general comment No. 28 (2000) on the equality of rights between men and
women, para. 10. See also, e.g., CCPR/C/ARG/CO/4, para. 13; CCPR/C/JAM/CO/3, para. 14;
CCPR/C/MDG/CO/3, para. 14.
9 CCPR/C/79/Add.97, para. 15.
10 See, e.g., CCPR/CO/79/GNQ, para. 9; CCPR/C/ZMB/CO/3, para. 18; CCPR/C/COL/CO/7, para. 21;
CCPR/C/MAR/CO/6, para. 22; CCPR/C/CMR/CO/5, para. 22.
11 See, e.g., CCPR/C/PAN/CO/3, para. 9; CCPR/C/MKD/CO/3, para. 11. See also World Health
Organization, Safe abortion: technical and policy guidance for health systems, 2nd ed. (Geneva,
2012), pp. 96–97.
12 CCPR/C/POL/CO/7, para. 24; CCPR/C/COL/CO/7, para. 21.
13 CCPR/C/CHL/CO/6, para. 15; CCPR/C/KAZ/CO/1, para. 11; CCPR/C/ROU/CO/5, para. 26.
14 CCPR/C/LKA/CO/5, para. 10; CCPR/C/MWI/CO/1/Add.1, para. 9; CCPR/C/ARG/CO/5, para. 12.
15 CCPR/C/POL/CO/6, para. 12; CCPR/C/COD/CO/4, para. 22.
16 CCPR/C/PAK/CO/1, para. 16; CCPR/C/BFA/CO/1, para. 20; CCPR/C/NAM/CO/2, para. 16.
17 CCPR/C/PAK/CO/1, para. 16.
18 Committee on the Rights of the Child, general comment No. 4 (2003) on adolescent health and
development in the context of the Convention, para. 11.
19 CCPR/C/79/Add.92, para. 11.
20
Committee on Economic, Social and Cultural Rights
,
general comment No. 14 (2000) on the right to
the highest attainable standard of health, para. 25.
21 CCPR/C/NLD/CO/4, para. 7.
22 Universal Declaration of Human Rights, preamble.
23 African Commission on Human and Peoples’ Rights, General Comment No. 3 on the African Charter
on Human and Peoples’ Rights: The Right to Life (Article 4) (2015), para. 12.
24 Gorji-Dinka v. Cameroon (CCPR/C/83/D/1134/2002), para. 5.1; Van Alphen v. Netherlands,
communication No. 305/1988, para. 5.8.
25 Camargo v. Colombia, para. 13.2.
26 Ibid., paras. 13.2–13.3.
27 A/HRC/17/28, para. 60.
28 Code of Conduct for Law Enforcement Officials, commentary to art. 3.
29 Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, para. 9.
30 African Commission on Human and Peoples’ Rights, Kazingachire et al v. Zimbabwe
(communication No. 295/04), decision of 12 October 2013, paras. 118–120.
31 Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, para. 9.
32 European Court of Human Rights, McCann and others v. United Kingdom (application No.
18984/91), judgment of 27 September 1995, para. 150.
33 A/HRC/31/66, para. 54.
34 CCPR/C/NPL/CO/2, para. 10; CCPR/CO/81/LIE, para. 10.
35 CCPR/C/KEN/CO/3, para. 11; CCPR/C/CAF/CO/2, para. 12.
36 CCPR/C/USA/CO/4, para. 11; CCPR/C/USA/CO/3/Rev.1, para. 30.
37 CCPR/C/GBR/CO/6, para. 11.
38 Code of Conduct for Law Enforcement Officials, commentary to art. 1.
CCPR/C/GC/36
16
39 A/HRC/31/66, para. 55.
40 Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990), para. 14.
41 CCPR/CO/74/SWE, para. 10.
42 See, in the context of armed conflicts, the Montreux Document on pertinent international legal
obligations and good practices for States related to operations of private military and security
companies during armed conflict (A/63/467-S/2008/636, annex).
43 CCPR/C/GTM/CO/3, para. 16.
44 Ibid.; Human Rights Committee, general comment No. 31, para. 15.
45 A/HRC/26/36, para. 75.
46 See, e.g., Burdyko v. Belarus (CCPR/C/114/D/2017/2010), para. 8.6.
47 Human Rights Committee, general comment No. 35, para. 22.
48 Human Rights Committee, general comment No. 6, para. 3; Camargo v. Colombia, para. 13.1.
49 Inter-American Court of Human Rights, González et al. (“Cotton Field”) v. Mexico, judgment of 16
November 2009, para. 236.
50 CCPR/CO/81/LIE, para. 10.
51 CCPR/C/MDG/CO/3, para. 17.
52 CCPR/C/TUR/CO/1, para. 13.
53 CCPR/C/MOZ/CO/1, para. 12; CCPR/C/GTM/CO/3, para. 18.
54 CCPR/C/IDN/CO/1, para. 17; CCPR/C/RUS/CO/6 and Corr.1, para. 11.
55 CCPR/C/ALB/CO/2, para. 10.
56 A/HRC/24/57, para. 31.
57 CCPR/C/RUS/CO/6 and Corr.1, para. 14.
58 Inter-American Court of Human Rights, Sawhoyamaxa Indigenous Community v. Paraguay,
judgment of 29 March 2006, para. 155.
59 Peiris et al. v. Sri Lanka (CCPR/C/103/D/1862/2009), para. 7.2.
60 CCPR/C/79/Add.93, para. 17.
61 CCPR/C/PHL/CO/4, para. 14.
62 CCPR/C/AGO/CO/1, para. 12; CCPR/C/USA/CO/4, para. 10.
63 Inter-American Court of Human Rights, Ximenes-Lopes v. Brazil, judgment of 4 July 2006, para. 96.
64 Da Silva Pimentel v. Brazil (CEDAW/C/49/D/17/2008), para. 7.5; European Court of Human Rights,
Nitecki v. Poland (application No. 65653/01), admissibility decision of 21 March 2002, and Calvelli
and Ciglio v. Italy (application No. 32967/96), judgment of 17 January 2002, para. 49.
65 CCPR/C/POL/CO/6, para. 15.
66 Yassin et al. v. Canada (CCPR/C/120/D/2285/2013), para. 6.5; CCPR/C/CAN/CO/6, para. 6;
CCPR/C/DEU/CO/6, para. 16; CCPR/C/KOR/CO/4, para. 10.
67 Guiding Principles on Business and Human Rights, principle 2.
68 Inter-American Court of Human Rights, Barrios Family v. Venezuela, judgment of 24 November
2011, para. 124.
69 CCPR/C/PRY/CO/3, para. 15.
70 CCPR/C/SRB/CO/2, para. 21; A/HRC/20/22 and Corr.1, para. 105.
71 CCPR/C/COL/CO/6, para. 14.
72 CCPR/C/HND/CO/1, para. 9.
73 CCPR/C/FRA/CO/4, para. 24.
74 Inter-American Court of Human Rights, Yakye Axa Indigenous Community v. Paraguay, judgment of
17 June 2005, para. 167.
75 CCPR/C/COL/CO/6, para. 12.
76 CCPR/C/TZA/CO/4, para. 15.
77 A/HRC/11/2, para. 68.
78 CCPR/C/KEN/CO/3, para. 12.
79 Convention on the Rights of Persons with Disabilities, art. 10.
80 Ibid., arts. 5 (3) and 9.
81 CCPR/C/AUS/CO/5, para. 21.
82 Leach v. Jamaica (CCPR/C/57/D/546/1993), para. 9.5.
83 Zhumbaeva v. Kyrgyzstan (CCPR/C/102/D/1756/2008), para. 8.6; Human Rights Committee, Dermit
Barbato v. Uruguay, communication No. 84/1981, para. 9.2.
84 Lantsova v. Russian Federation (CCPR/C/74/D/763/1997), para. 9.2.
85 Ibid.
86 European Court of Human Rights, Edwards v. United Kingdom (application No. 46477/99), judgment
of 14 June 2002, para. 60.
87 Convention on the Rights of Persons with Disabilities, art. 14.
88 European Court of Human Rights, Câmpeanu v. Romania (application No. 47848/08), judgment of 17
July 2014, para. 131.
89 CCPR/C/ARM/CO/2, para. 15.
90 CCPR/C/UNK/CO/1, para. 14.
CCPR/C/GC/36
17
91 CCPR/C/USA/CO/4, para. 10.
92 European Court of Human Rights, Öneryildiz v. Turkey (application No. 48939/00), judgment of 30
November 2004, para. 71.
93 African Commission on Human and Peoples’ Rights, Social and Economic Rights Centre (SERAC)
and Centre for Economic and Social Rights (CESR) v. Nigeria (communication No. 155/96), decision
of 27 October 2001, para. 67.
94 Inter-Agency Support Group on Indigenous Peoples’ Issues, “Lands, territories and resources”,
thematic paper towards the preparation of the 2014 World Conference on Indigenous Peoples, 22–23
September 2014, p. 4.
95 CCPR/C/KEN/CO/3, para. 9.
96 Human Rights Committee, general comment No. 6, para. 5; CCPR/C/79/Add.105, para. 12.
97 CCPR/CO/72/PRK, para. 12.
98 Toussaint v. Canada (CCPR/C/123/D/2348/2014), para. 11.3. See also CCPR/C/ISR/CO/4, para. 12.
99 CCPR/C/JAM/CO/3, para. 9.
100 CCPR/CO/71/UZB, para. 19.
101 Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against
Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful
practices, para. 56.
102 Human Rights Committee, general comment No. 6, para. 5; CCPR/C/COD/CO/3, para. 14.
103 CCPR/C/KGZ/CO/2, para. 13.
104 Human Rights Committee, general comment No. 31, paras. 15 and 19; Pestaño and Pestaño v.
Philippines (CCPR/C/98/D/1619/2007), para. 7.2; González v. Argentina
(CCPR/C/101/D/1458/2006), para. 9.4; CCPR/C/JAM/CO/3, para. 16. See also European Court of
Human Rights, Calvelli and Ciglio v. Italy, para. 51.
105 CCPR/C/ISR/CO/3, para. 12.
106 Sathasivam and Saraswathi v. Sri Lanka (CCPR/C/93/D/1436/2005), para. 6.4; Amirov v. Russian
Federation (CCPR/C/95/D/1447/2006), para. 11.2. See also Human Rights Committee, general
comment No. 31, paras. 16 and 18.
107 CCPR/C/AGO/CO/1, para. 14.
108 Marcellana and Gumanjoy v. Philippines (CCPR/C/94/D/1560/2007), para. 7.4.
109 E/CN.4/2006/53, para. 41.
110 A/HRC/26/36, para. 81.
111 Andreu v. Colombia (CCPR/C/55/D/563/1993), para. 8.2; Marcellana and Gumanjoy v. Philippines,
para. 7.2.
112 Human Rights Committee, general comment No. 31, para. 18; Inter-American Court of Human
Rights, Barrios Altos v. Peru, judgment of 14 March 2001, para. 43.
113 CCPR/C/CMR/CO/4, para. 15.
114 CCPR/C/BOL/CO/3, para. 15.
115 Novaković and Novaković v. Serbia (CCPR/C/100/D/1556/2007), para. 7.3; CCPR/C/RUS/CO/6 and
Corr.1, para. 14.
116 CCPR/C/MRT/CO/1, para. 13.
117 CCPR/C/GBR/CO/7, para. 8.
118 CCPR/C/ISR/CO/3, para. 9.
119 CCPR/C/GBR/CO/7, para. 8.
120 The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016) (United Nations
publication, Sales No. E.17.XIV.3), para. 10.
121 Camargo v. Colombia, para. 15.
122 The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), para. 25; Inter-
American Court of Human Rights, Kawas-Fernández v. Honduras, judgment of 3 April 2009, para.
102.
123 The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), para. 37.
124 A/HRC/14/24/Add.6, para. 93.
125 A/HRC/19/58/Rev.1, para. 59.
126 European Court of Human Rights, Oğur v. Turkey (application No. 21594/93), judgment of 20 May
1999, para. 92.
127 The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), para. 35.
128 Ibid., para. 13; European Court of Human Rights, Ramsahai and others v. Netherlands (application
No. 52391/99), judgment of 15 May 2007, para. 353 (requiring sufficient public scrutiny of inquiry
proceedings).
129 European Court of Human Rights, Tanrikulu v. Turkey (application No. 23763/94), judgment of 8
July 1999, para. 103.
130 CCPR/C/KEN/CO/3, para. 13.
131 Eshonov v. Uzbekistan (CCPR/C/99/D/1225/2003), para. 9.2; Zhumbaeva v. Kyrgyzstan, para. 8.8;
Khadzhiyev v. Turkmenistan (CCPR/C/122/D/2252/2013), para. 7.3.
CCPR/C/GC/36
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132 Umetaliev and Tashtanbekova v. Kyrgyzstan (CCPR/C/94/D/1275/2004), para. 9.4; Olmedo v.
Paraguay (CCPR/C/104/D/1828/2008), para. 7.5.
133 Amirov v. Russian Federation, para. 11.4.
134 Kindler v. Canada (CCPR/C/48/D/470/1991), paras. 13.1–13.2.
135 Dauphin v. Canada (CCPR/C/96/D/1792/2008), para. 7.4.
136 European Court of Human Rights, N.A. v. United Kingdom (application No. 25904/07), judgment of
17 July 2008, para. 115.
137 Yin Fong v. Australia (CCPR/C/97/D/1442/2005), para. 9.7.
138 Shakeel v. Canada (CCPR/C/108/D/1881/2009), para. 8.5.
139 Warsame v. Canada (CCPR/C/102/D/1959/2010), para. 8.3.
140 T. v. Australia (CCPR/C/61/D/706/1996), para. 8.4; A.R.J. v. Australia (CCPR/C/60/D/692/1996),
para. 6.12; Israil v. Kazakhstan (CCPR/C/103/D/2024/2011), para. 9.5.
141 CCPR/CO/74/SWE, para. 12; Alzery v. Sweden (CCPR/C/88/D/1416/2005), para. 11.5.
142 CCPR/C/TJK/CO/2, para. 11; CCPR/CO/77/EST, para. 13.
143 Judge v. Canada (CCPR/C/78/D/829/1998), para. 10.5.
144 Ibid., para. 10.6; Yin Fong v. Australia, para. 9.7.
145 Chisanga v. Zambia (CCPR/C/85/D/1132/2002), para. 7.4.
146 Safeguards guaranteeing protection of the rights of those facing the death penalty, para. 1.
147 Kindler v. Canada, para. 14.3; A/67/275, para. 35.
148 CCPR/C/79/Add.25, para. 8.
149 Chisanga v. Zambia, paras. 2.2 and 7.4.
150 CCPR/C/79/Add.101, para. 8; CCPR/C/79/Add.25, para. 8; CCPR/C/79/Add.85, para. 8.
151 Chisanga v. Zambia, para. 7.4; Lubuto v. Zambia (CCPR/C/55/D/390/1990/Rev.1), para. 7.2; Johnson
v. Ghana (CCPR/C/110/D/2177/2012), para. 7.3.
152 CCPR/CO/73/UK-CCPR/CO/73/UKOT, para. 37.
153 CCPR/CO/72/GTM, para. 17.
154 CCPR/CO/84/THA, para. 14.
155 Human Rights Committee, general comment No. 6, para. 6.
156 CCPR/C/MRT/CO/1, para. 21.
157 CCPR/C/LBY/CO/4, para. 24.
158 CCPR/C/79/Add.84, para. 16.
159 Lubuto v. Zambia, para. 7.2.
160 Chisanga v. Zambia, para. 7.4; Larrañaga v. Philippines (CCPR/C/87/D/1421/2005), para. 7.2;
Carpo et al. v. Philippines (CCPR/C/77/D/1077/2002), para. 8.3.
161 Thompson v. Saint Vincent and the Grenadines (CCPR/C/70/D/806/1998), para. 8.2; Kennedy v.
Trinidad and Tobago (CCPR/C/74/D/845/1998), para. 7.3.
162 CCPR/C/DZA/CO/3, para. 17; CCPR/C/79/Add.116, para. 14.
163 CCPR/CO/72/PRK, para. 13.
164 European Court of Human Rights, S.W. v. United Kingdom (application No. 20166/92), judgment of
22 November 1995, para. 36.
165 CCPR/C/IRN/CO/3, para. 12.
166 CCPR/C/USA/CO/4, para. 8.
167 Ng v. Canada (CCPR/C/49/D/469/1991), para. 16.4.
168 African Commission on Human and Peoples’ Rights, Malawi African Association and others v.
Mauritania, 11 May 2000, para. 120.
169 CCPR/CO/72/PRK, para. 13.
170 CCPR/C/JPN/CO/6, para. 13.
171 Johnson v. Jamaica (CCPR/C/56/D/588/1994), para. 8.5; Kindler v. Canada, para. 15.2; Martin v.
Jamaica (CCPR/C/47/D/317/1988), para. 12.2.
172 Brown v. Jamaica (CCPR/C/65/D/775/1997), para. 6.13.
173 CCPR/C/JPN/CO/6, para. 13.
174 Kindler v. Canada, para. 15.3.
175 Kurbanov v. Tajikistan (CCPR/C/79/D/1096/2002), para. 7.7.
176 Gunan v. Kyrgyzstan (CCPR/C/102/D/1545/2007), para. 6.2; Chikunova v. Uzbekistan
(CCPR/C/89/D/1043/2002), paras. 7.2 and 7.5; Yuzepchuk v. Belarus (CCPR/C/112/D/1906/2009),
paras. 8.2 and 8.6.
177 Yuzepchuk v. Belarus, paras. 8.4 and 8.6.
178 Chikunova v. Uzbekistan, paras. 7.4 and 7.5.
179 Gunan v. Kyrgyzstan, para. 6.3.
180 Levy v. Jamaica (CCPR/C/64/D/719/1996), paras. 7.2–7.3.
181 Brown v. Jamaica, para. 6.15.
182 Leach v. Jamaica, para. 9.4.
183 Kovaleva and Kozyar v. Belarus (CCPR/C/106/D/2120/2011), para. 11.4; Grishkovtsov v. Belarus
(CCPR/C/113/D/2013/2010), para. 8.4.
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184 Judge v. Canada, paras. 10.8–10.9.
185 Gunan v. Kyrgyzstan, para. 6.3.
186 Champagnie et al. v. Jamaica (CCPR/C/51/D/445/1991), paras. 7.3–7.4.
187 Safeguards guaranteeing protection of the rights of those facing the death penalty, para. 4; Ambaryan
v. Kyrgyzstan (CCPR/C/120/D/2162/2012), para. 9.2.
188 Francis v. Jamaica (CCPR/C/54/D/606/1994), para. 9.3.
189 Kamoyo v. Zambia (CCPR/C/104/D/1859/2009), paras. 6.3–6.4.
190 Yuzepchuk v. Belarus, paras. 8.5–8.6.
191 Vienna Convention on Consular Relations, art. 36 (1) (b). See also Inter-American Court of Human
Rights, The Right to Information on Consular Assistance in the Framework of the Guarantees of the
Due Process of Law, Advisory Opinion OC-16/99, 1 October 1999, para. 137.
192 Judge v. Canada, para. 10.9.
193 CCPR/C/USA/CO/4, para. 8.
194 Ibid.
195 African Commission on Human and Peoples’ Rights, Egyptian Initiative for Personal Rights and
Interights v. Egypt (communication No. 334/06), decision of 1 March 2011, para. 204; International
Tribunal for the Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, Prosecutor v.
Furundžija (case No. IT-95-17/1-A), Appeals Chamber, judgment of 21 July 2000, para. 189.
196 Human Rights Committee, general comment No. 35, para. 45.
197 Human Rights Committee, general comment No. 32 (2007) on the right to equality before courts and
tribunals and to a fair trial, para. 22; CCPR/C/MDG/CO/3, para. 16; CCPR/C/79/Add.25, para. 9.
198 Human Rights Committee, general comment No. 33 (2008) on the obligations of States parties under
the Optional Protocol to the International Covenant on Civil and Political Rights, para. 19.
199 Chikunova v. Uzbekistan, para. 7.6.
200 Chisanga v. Zambia, para. 7.5.
201 Kennedy v. Trinidad and Tobago, para. 7.4.
202 CCPR/CO/72/GTM, para. 18.
203 CCPR/CO/84/YEM, para. 15.
204 A/HRC/8/3 and Corr.1, para. 67.
205 CCPR/C/YEM/CO/5, para. 14.
206 Committee on the Rights of the Child, general comment No. 10 (2007) on children’s rights in juvenile
justice, para. 75.
207 Ibid., paras. 35 and 39.
208 CCPR/C/JPN/CO/6, para. 13. See also R.S. v. Trinidad and Tobago (CCPR/C/74/D/684/1996), para.
7.2.
209 CCPR/C/JPN/CO/5, para. 16.
210 CCPR/C/35/D/210/1986, para. 15.
211 Human Rights Committee, general comment No. 6, para. 6.
212 Second Additional Protocol to the Covenant, aiming at the abolition of the death penalty, preamble.
213 CCPR/C/TCD/CO/1, para. 19.
214 Kindler v. Canada, para. 15.1.
215 Ng v. Canada, para. 16.2; European Court of Human Rights, Öcalan v. Turkey (application No.
46221/99), judgment of 12 May 2005, paras. 163–165.
216 Judge v. Canada, para. 10.3; A/HRC/36/27, para. 48; African Commission on Human and Peoples’
Rights, General Comment No. 3 on the African Charter on Human and Peoples’ Rights: The Right to
Life (Article 4), para. 22.
217 Human Rights Committee, general comment No. 20 (1992) on the prohibition of torture or other
cruel, inhuman or degrading treatment or punishment, para. 5; European Court of Human Rights, Gatt
v. Malta (application No. 28221/09), judgment of 27 July 2010, para. 29.
218 Human Rights Committee, general comment No. 33, para. 4; Birindwa and Tshisekedi v. Zaire,
communications Nos. 241 and 242/1987, para. 12.5; CCPR/C/MDV/CO/1, para. 26; Declaration on
the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect
Universally Recognized Human Rights and Fundamental Freedoms, art. 9 (4).
219 Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote
and Protect Universally Recognized Human Rights and Fundamental Freedoms, art. 12 (2).
220 Aboufaied v. Libya (CCPR/C/104/D/1782/2008), paras. 7.4 and 7.6; El-Megreisi v. Libyan Arab
Jamahiriya (CCPR/C/50/D/440/1990), para. 5.4.
221 Human Rights Committee, general comment No. 31, para. 12.
222 Chisanga v. Zambia, para. 7.3.
223 Johnson v. Jamaica (CCPR/C/64/D/592/1994), para. 10.4.
224 Eshonov v. Uzbekistan, para. 9.10.
225 Kovaleva and Kozyar v. Belarus, para. 11.10.
226 CCPR/C/JPN/CO/6, para. 13.
CCPR/C/GC/36
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227 CCPR/C/BWA/CO/1, para. 13.
228 Mojica v. Dominican Republic (CCPR/C/51/D/449/1991), para. 5.4; Guezout et al. v. Algeria
(CCPR/C/105/D/1753/2008), paras. 8.4 and 8.7.
229 Human Rights Committee, general comment No. 35, para. 58.
230 Bousroual v. Algeria (CCPR/C/86/D/992/2001), para. 9.2; Katwal v. Nepal
(CCPR/C/113/D/2000/2010), para. 11.3.
231 El Boathi v. Algeria (CCPR/C/119/D/2259/2013), para. 7.5.
232 Human Rights Committee, Herrera Rubio v. Colombia, communication No. 161/1983, para. 10.3;
general comment No. 6, para. 4.
233 International Convention for the Protection of All Persons from Enforced Disappearance, art. 24.
234 Prutina et al. v. Bosnia and Herzegovina (CCPR/C/107/D/1917/2009,1918/2009,1925/2009 and
1953/2010), para. 9.6.
235 International Convention for the Protection of All Persons from Enforced Disappearance, art. 24.
236 International Criminal Tribunal for Rwanda, Prosecutor v. Ruggiu (case No. ICTR-97-32-1), Trial
Chamber, judgment of 1 June 2000, para. 22.
237 See Human Rights Committee, general comments No. 17 (1989) on the rights of the child, para. 1,
and No. 32, paras. 42–44; Prutina et al. v. Bosnia and Herzegovina, para. 9.8.
238 Convention on the Rights of the Child, art. 3 (1).
239 Ibid., art. 6 (2).
240 Ibid., art. 3 (2).
241 CCPR/C/79/Add.81, para. 15.
242 CCPR/C/IRN/CO/3, para. 10.
243 CCPR/CO/72/NET, para. 6.
244 Whelan v. Ireland (CCPR/C/119/D/2425/2014), para. 7.12.
245 E/C.12/COD/CO/4, para. 19.
246 Inter-American Court of Human Rights, Yakye Axa Indigenous Community v. Paraguay, para. 175.
247 CCPR/C/USA/CO/4, para. 8.
248 A/HRC/20/16, para. 21.
249 Declaration of the United Nations Conference on the Human Environment, para. 1; Rio Declaration
on Environment and Development, principle 1; United Nations Framework Convention on Climate
Change, preamble.
250 Paris Agreement, preamble.
251 Rio Declaration on Environment and Development, principles 1–2, 11, 15 and 17–18; Convention on
Access to Information, Public Participation in Decision-Making and Access to Justice in
Environmental Matters.
252 Human Rights Committee, general comment No. 31, para. 10; CCPR/C/GBR/CO/6, para. 14.
253 CCPR/C/USA/CO/4, para. 9.
254 Responsibility of States for internationally wrongful acts, art. 16; International Court of Justice,
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia
and Herzegovina v. Serbia and Montenegro), judgment of 26 February 2007, para. 420.
255 CCPR/C/MLT/CO/2, para. 17; United Nations Convention on the Law of the Sea, art. 98;
International Convention for the Safety of Life at Sea, chap. V, regulation 10.
256 Human Rights Committee, general comment No. 31, para. 10; Saldías de López v. Uruguay,
communication No. R.12/52, paras. 12.1–13; Celiberti de Casariego v. Uruguay, communication No.
R.13/56, paras. 10.1–11; Domukovsky v. Georgia (CCPR/C/62/D/623/1995, 624/1995, 626/1995 and
627/1995), para. 18.2.
257 Human Rights Committee, general comments No. 31, para. 11, and No. 29 (2001) on derogations
from provisions of the Covenant during a state of emergency, para. 3.
258 Human Rights Committee, general comments No. 31, para. 11, and No. 29, paras. 3, 12 and 16.
259 CCPR/C/ISR/CO/3, paras. 9–10.
260 CCPR/C/USA/CO/4, para. 9.
261 The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), paras. 20–22.
262 Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of
victims of international armed conflicts (Protocol I), art. 36.
263 A/HRC/23/47, paras. 113–114.
264 See Treaty on the Non-Proliferation of Nuclear Weapons; Comprehensive Nuclear-Test-Ban Treaty;
Treaty on the Prohibition of Nuclear Weapons (not yet in force); Convention on the Prohibition of the
Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on
Their Destruction; Convention on the Prohibition of the Development, Production, Stockpiling and
Use of Chemical Weapons and on Their Destruction.
265 Human Rights Committee, general comment No. 14, para. 7; Legality of the Threat or Use of Nuclear
Weapons, Advisory Opinion of 8 July 1996 of the International Court of Justice.
266 CCPR/C/FRA/CO/5, para. 21.
267 Human Rights Committee, general comment No. 29, para. 7.
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268 Ibid., para. 16.
269 Human Rights Committee, general comment No. 24 (1994) on issues relating to reservations made
upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to the
declarations under article 41 of the Covenant, para. 8.
270 Human Rights Committee, general comment No. 14, para. 2.
271 Human Rights Committee, general comment No. 6, para. 2.
272 General Assembly resolution 60/1, paras. 138–139.
GE.20-06716(E)
Statement on human rights and climate change
Joint statement by the Committee on the Elimination of Discrimination
against Women, the Committee on Economic, Social and Cultural
Rights, the Committee on the Protection of the Rights of All Migrant
Workers and Members of Their Families, the Committee on the Rights
of the Child and the Committee on the Rights of Persons with
Disabilities
1. The Committee on the Elimination of Discrimination against Women, the
Committee on Economic, Social and Cultural Rights, the Committee on the Protection of
the Rights of All Migrant Workers and Members of Their Families, the Committee on the
Rights of the Child and the Committee on the Rights of Persons with Disabilities welcome
the convening of the Climate Action Summit by the United Nations Secretary-General in
September 2019, to mobilize more ambitious emissions reduction plans and actions. The
Committees urge all States to take into consideration their human rights obligations as they
review their climate commitments.
2. The Committees also welcome the work of the international scientific community to
further understand the implications of climate change and the solutions that could
contribute to avoiding the most dangerous impacts of climate change. The Committees
welcome in particular the report released in 2018 by the Intergovernmental Panel on
Climate Change on global warming of 1.5°C above pre-industrial levels.1
3. That report confirms that climate change poses significant risks to the enjoyment of
the human rights protected in the Convention on the Elimination of All Forms of
Discrimination against Women, the International Covenant on Economic, Social and
Cultural Rights, the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, the Convention on the Rights of the Child, and
the Convention on the Rights of Persons with Disabilities. The adverse impacts identified in
the report threaten, among others, the rights to life, to adequate food, to adequate housing,
to health and to water, and cultural rights. These negative impacts are also illustrated in the
damage suffered by ecosystems, which in turn affect the enjoyment of human rights.2 The
risk of harm is particularly high for those sectors of the population that are already
marginalized or in vulnerable situations or that, owing to discrimination and pre-existing
inequalities, have limited access to decision-making or resources, such as women, children,
persons with disabilities, indigenous peoples and persons living in rural areas.3 Children are
1 See www.ipcc.ch/sr15/.
2 See the report of the Special Rapporteur on the issue of human rights obligations relating to the
enjoyment of a safe, clean, healthy and sustainable environment on the human rights obligations
relating to the conservation and sustainable use of biological diversity (A/HRC/34/49).
3 See the analytical study conducted by the Office of the United Nations High Commissioner for
Human Rights on the relationship between climate change and the full and effective enjoyment of the
rights of the child (A/HRC/35/13).
United Nations HRI/2019/1
International Human Rights
Instruments
Distr.: General
14 May 2020
Original: English
HRI/2019/1
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at a particularly heightened risk of harm to their health, owing to the immaturity of their
body systems.4
4. As reflected by the Committee on the Elimination of Discrimination against Women
in its general recommendation No. 37 (2018) on the gender-related dimensions of disaster
risk reduction in the context of climate change, climate change and disasters affect women
and men, girls and boys differently, with many women and girls facing disproportionate
risks and impacts on their health, safety and livelihoods. Situations of crisis exacerbate preexisting
gender inequalities and compound the intersecting forms of discrimination that
disproportionately affect disadvantaged groups of women and girls, particularly those with
disabilities. Moreover, climate change and disasters, including pandemics, influence the
prevalence, distribution and severity of new and re-emerging diseases. The susceptibility of
women and girls to disease is heightened as a result of inequalities in access to food,
nutrition and health care and the social expectations that women will act as primary
caregivers for children, the elderly and the sick.
5. Such adverse impacts on human rights are already occurring with 1°C of global
warming; every additional increase in temperature will further undermine the realization of
rights. The report of the Intergovernmental Panel on Climate Change makes it clear that, in
order to avoid the risk of irreversible and large-scale systemic impacts, urgent and decisive
climate action is required.
6. The report of the Intergovernmental Panel on Climate Change also highlights the
fact that adequate action to mitigate climate change would have significant social,
environmental and economic benefits. The Panel warns of the risk of social and
environmental damage resulting from poorly designed climate measures, thereby
highlighting the importance for human rights norms to be applied at every stage of the
decision-making process of climate policies.
7. As emphasized by the Committee on Economic, Social and Cultural Rights in its
2018 statement on climate change and the International Covenant on Economic, Social and
Cultural Rights, human rights mechanisms have an essential role to play in ensuring that
States avoid taking measures that could accelerate climate change, and that they dedicate
the maximum available resources to the adoption of measures aimed at mitigating climate
change. In its statement, the Committee also welcomed the fact that national judiciary and
human rights institutions are increasingly engaged in ensuring that States comply with their
duties under existing human rights instruments to combat climate change.
Agency and climate action
8. Women, children and other persons, such as persons with disabilities, should not be
seen only as victims or in terms of vulnerability. They should be recognized as agents of
change and essential partners in local, national and international efforts to tackle climate
change.5 The Committees emphasize that States must guarantee these individuals’ human
right to participate6 in climate policymaking and that, given the scale and complexity of the
climate challenge, States must ensure that they take an inclusive multi-stakeholder
approach that harnesses the ideas, energy and ingenuity of all stakeholders.
9. The Committees welcome international cooperation to tackle climate change under
the auspices of the United Nations Framework Convention on Climate Change and the
Paris Agreement, and the national commitments and contributions made by all individual
States to mitigate climate change. They also welcome the mobilization by civil society,
particularly women, children and young people, to urge Governments to take more
4 See Fiona Stanley and Brad Farrant, “Climate change and children’s health: a commentary”,
Children, vol. 2, No. 4 (October 2015); and Council on Environmental Health, “Global climate
change and children’s health”, Pediatrics, vol. 136, No. 5 (November 2015).
5 Committee on the Elimination of Discrimination against Women, general recommendation No. 37,
paras. 7–8.
6 Ibid., paras. 32–36; Convention on the Elimination of All Forms of Discrimination against Women,
arts. 7, 8 and 14; Convention on the Rights of the Child, art. 12; Universal Declaration of Human
Rights, art. 21; International Covenant on Civil and Political Rights, art. 25; and Convention on the
Rights of Persons with Disabilities, arts. 4 (3), 29 and 33 (3).
HRI/2019/1
3
ambitious climate action. However, the Committees note with great concern that States’
current commitments under the Paris Agreement are insufficient to limit global warming to
1.5°C above pre-industrial levels,7 and that many States are not on track to meet their
commitments. Consequently, States are exposing their populations and future generations
to the significant threats to human rights associated with greater temperature increases.
States’ human rights obligations
10. Under the Convention on the Elimination of All Forms of Discrimination against
Women, the International Covenant on Economic, Social and Cultural Rights, the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, the Convention on the Rights of the Child, and the Convention
on the Rights of Persons with Disabilities, States parties have obligations, including
extraterritorial obligations, to respect, protect and fulfil all human rights of all peoples.8
Failure to take measures to prevent foreseeable harm to human rights caused by climate
change, or to regulate activities contributing to such harm, could constitute a violation of
States’ human rights obligations.9
11. In order for States to comply with their human rights obligations and to realize the
objectives of the Paris Agreement, they must adopt and implement policies aimed at
reducing emissions. These policies must reflect the highest possible ambition, foster climate
resilience and ensure that public and private investments are consistent with a pathway
towards low carbon emissions and climate resilient development.10
12. In their efforts to reduce emissions, States parties should contribute effectively to
phasing out fossils fuels, promoting renewable energy and addressing emissions from the
land sector, including by combating deforestation.11 In addition, States must regulate
private actors, including by holding them accountable for harm they generate both
domestically and extraterritorially.12 States should also discontinue financial incentives or
investments in activities and infrastructure that are not consistent with low greenhouse gas
emissions pathways, whether undertaken by public or private actors, as a mitigation
measure to prevent further damage and risk.
13. When reducing emissions and adapting to climate impacts, States must seek to
address all forms of discrimination and inequality, including advancing substantive gender
equality, protecting the rights of indigenous peoples and of persons with disabilities, and
taking into consideration the best interests of the child.
14. A growing number of people are are forced to migrate because their States of origin
cannot ensure the enjoyment of adequate living conditions, owing to the increase in
hydrometeorological disasters, evacuations of areas at high risk of disasters, environmental
7 See www.ipcc.ch/sr15/.
8 In this context, see also the Charter of the United Nations, Arts. 55–56; Committee on Economic,
Social and Cultural Rights, general comment No. 24 (2017) on State obligations under the
International Covenant on Economic, Social and Cultural Rights in the context of business activities,
paras. 26–28; E/C.12/AUS/CO/5, paras. 11–12; E/C.12/ARG/CO/4, paras. 13–14;
CRC/C/NOR/CO/5-6, para. 27; CRC/C/JPN/CO/4-5, para. 37; Committee on the Elimination of
Discrimination against Women, general recommendation No. 37, paras. 43–46;
CEDAW/C/AUS/CO/8, paras. 29–30; and CEDAW/C/NOR/CO/9, paras. 14–15.
9 CRC/C/ESP/CO/5-6, para. 36; CRC/C/GBR/CO/5 and Corr.1, paras. 68–69; Committee on
Economic, Social and Cultural Rights, statement on climate change and the International Covenant on
Economic, Social and Cultural Rights; E/C.12/AUS/CO/5; Committee on the Elimination of
Discrimination against Women, general recommendation No. 37, para. 14; and
CEDAW/C/NOR/CO/9.
10 Paris Agreement, art. 2.1.
11 Committee on the Elimination of Discrimination against Women, general recommendation No. 37;
CEDAW/C/AUS/CO/8; CRC/C/NER/CO/3-5; Committee on Economic, Social and Cultural Rights,
statement on climate change and the International Covenant on Economic, Social and Cultural Rights;
and E/C.12/ARG/CO/4.
12 Committee on Economic, Social and Cultural Rights, statement on climate change and the
International Covenant on Economic, Social and Cultural Rights; Committee on the Elimination of
Discrimination against Women, general recommendation No. 37; CEDAW/C/FJI/CO/5; and
CRC/C/ESP/CO/5-6.
HRI/2019/1
4
degradation and slow-moving disasters, the disappearance of small island States as a result
of rising sea levels, and even the occurrence of conflicts over access to resources. Migration
is a normal human adaptation strategy in the face of the effects of climate change and
natural disasters, and the only option for entire communities. Climate change-related
migration has to be addressed by the United Nations and by States as an emerging form of
migration and internal displacement.
15. States must therefore address the effects of climate change, environmental
degradation and natural disasters as drivers of migration and ensure that such factors do not
hinder the enjoyment of the human rights of migrants and their families. In addition, States
should offer migrant workers displaced across international borders in the context of
climate change or disasters and who cannot return to their countries complementary
protection mechanisms and temporary protection or stay arrangements.
16. In the design and implementation of climate policies, States must also respect,
protect and fulfil the rights of all, including by mandating human rights due diligence and
ensuring access to education, awareness-raising and environmental information, and public
participation in decision-making. In particular, States have the responsibility to protect and
defend effectively the rights of environmental human rights defenders, including women,
indigenous and child environmental defenders.
International cooperation
17. As part of international assistance and cooperation towards the realization of human
rights, high-income States should support adaptation and mitigation efforts in developing
countries by facilitating transfers of green technologies and by contributing to financing
climate mitigation and adaptation. In addition, States must cooperate in good faith in the
establishment of global responses addressing climate-related loss and damage suffered by
the most vulnerable countries, paying particular attention to safeguarding the rights of those
who are at particular risk of climate harm and addressing the devastating impact of climate
disruptions, including on women, children, persons with disabilities and indigenous
peoples.
Role of the Committees
18. In their future work, the Committees will continue to keep under review the impacts
of climate change and climate-induced disasters on the rights holders protected under their
respective treaties. They will also continue to provide States parties with guidance on how
they can meet their obligations under these instruments in relation to mitigation and
adaptation to climate change.
United Nations CEDAW/C/GC/39
Convention on the Elimination
of All Forms of Discrimination
against Women
Distr.: General
31 October 2022
Original: English
22-24375 (E) 161122
*2224375*
Committee on the Elimination of Discrimination
against Women
General recommendation No. 39 (2022) on the rights of
Indigenous women and girls
Contents
Page
I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
II. Objectives and scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
III. Legal framework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
IV. General obligations of States parties in relation to the rights of Indigenous women and girls
under articles 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
A. Equality and non-discrimination, with a focus on Indigenous women and intersecting
forms of discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
B. Access to justice and plural legal systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous
women and girls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
A. Prevention of and protection from gender-based violence against Indigenous women and
girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
B. Right to effective participation in political and public life (arts. 7, 8 and 14) . . . . . . . . . . 16
C. Right to education (arts. 5 and 10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
D. Right to work (arts. 11 and 14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
E. Right to health (arts. 10 and 12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
F. Right to culture (arts. 3, 5, 13 and 14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
G. Rights to land, territories and natural resources (arts. 13 and 14). . . . . . . . . . . . . . . . . . . . 23
H. Rights to food, water and seeds (arts. 12 and 14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
I. Right to a clean, healthy and sustainable environment (arts. 12 and 14) . . . . . . . . . . . . . . 24
CEDAW/C/GC/39
2/25 22-24375
I. Introduction
1. The present general recommendation provides guidance to States parties on
legislative, policy and other relevant measures to ensure the implementation of their
obligations in relation to the rights of Indigenous women and girls under the
Convention on the Elimination of All Forms of Discrimination a gainst Women. There
are an estimated 476.6 million Indigenous Peoples globally, of whom more than half
(238.4 million) are women.1 Discrimination and violence are recurrent phenomena in
the lives of many Indigenous women and girls living in rural, remote and urban areas.
The present general recommendation applies to Indigenous women and girls both
inside and outside Indigenous territories.
2. The present general recommendation takes into account the voices of
Indigenous women and girls as driving actors a nd leaders inside and outside their
communities. It identifies and addresses different forms of intersectional
discrimination faced by Indigenous women and girls and their key role as leaders,
knowledge-bearers and transmitters of culture among their peopl es, communities and
families, as well as society as a whole. The Committee on the Elimination of
Discrimination against Women has consistently identified patterns of discrimination
faced by Indigenous women and girls in the exercise of their human rights, 2 and the
factors that continue to exacerbate discrimination against them. Such discrimination
is often intersectional and based on factors such as sex; gender; Indigenous origin,
status or identity; race; ethnicity; disability; age; language; socioeconomi c status; and
HIV/AIDS status.3
3. Intersectional discrimination against Indigenous women and girls must be
understood in the context of the multifaceted nature of their identity. They face
discrimination and gender-based violence, frequently committed by State and non-
State actors. These forms of violence and discrimination are widespread and are often
treated with impunity. Indigenous women and girls often have an inextricable link
and relation to their peoples, lands, territories, natural resources and culture. To
ensure compliance with articles 1 and 2 and other relevant provisions of the
Convention, State action, legislation and policies must reflect and respect the
multifaceted identity of Indigenous women and girls. States parties should also take
into consideration the intersectional discrimination experienced by Indigenous
women and girls on the basis of factors such as sex; gender; Indigenous origin, status
or identity; race; ethnicity; disability; age; language; socioeconomic status; and
HIV/AIDS status.
4. State action to prevent and address discrimination against Indigenous women
and girls throughout their lifespan must integrate a gender perspective, an
intersectional perspective, an Indigenous women and girls perspective, an
intercultural perspective and a multidisciplinary perspective. A gender perspective
takes into consideration the discriminatory norms, harmful social practices,
__________________
1 International Labour Organization (ILO), Implementing the ILO Indigenous and Tribal Peoples
Convention No. 169: Towards an Inclusive, Sustainable and Just Future (Geneva, 2019), p. 13;
and Department of Economic and Social Affairs, State of the World’s Indigenous Peoples, vol. 5,
Rights to Lands, Territories and Resources (United Nations publication, 2021), p. 119.
2 See, for example, general recommendation No. 34 (2016) on the rights of rural women,
paras. 14–15. For more discussion of the work of the Committee in the area of Indigenous
women, see United Nations Entity for Gender Equality and the Empowerment of Women
(UN-Women) and Committee on the Elimination of Discrimination against Women,
“Recomendaciones Generales y Observaciones Finales del Comité para la Eliminación de la
Discriminación contra la Mujer sobre mujeres indígenas y/o afrodescendientes realizadas a
Estados de América Latina” (Clayton, Panama, 2017).
3 United Nations Declaration on the Rights of Indigenous Peoples, art. 2.
CEDAW/C/GC/39
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stereotypes and inferior treatment that have affected Indigenous women and girls
historically and still affect them in the present. An intersectional perspective requires
States to consider the multitude of factors that combine to increase the exposure of
Indigenous women and girls to, and exacerbate the consequences of, unequal and
arbitrary treatment on the basis of sex; gender; Indigenous origin, status or identity;
race; ethnicity; disability; age; language; socioeconomic status; and HIV/AIDS status,
among other factors. States should take into consideration the interdependence and
interconnectedness of all these factors in their adoption of laws, policies, national
budgets and interventions related to Indigenous women and girls. Indigenous women
and girls suffer intersectional discrimination both inside and outside their territories.
Intersectional discrimination against them is structural, embedded in constitutions,
laws and policies, as well as government programmes, action and services.
5. An Indigenous women and girls perspective entails understanding the
distinction between their experiences, realities and ne eds in the area of human rights
protection and those of Indigenous men, based on their sex and gender differences. It
also involves considering the status of Indigenous girls as developing women, which
requires interventions to be appropriate to their age, development and condition. An
intercultural perspective involves considering the diversity of Indigenous Peoples,
including their cultures, languages, beliefs and values, and the social appreciation and
value of this diversity. Lastly, a multidisciplinary perspective requires an appreciation
of the multifaceted identity of Indigenous women and girls and of how law, health,
education, culture, spirituality, anthropology, economy, science and work, among
other aspects, have shaped and continue to shape the s ocial experience of Indigenous
women and girls and to promote discrimination against them. These perspectives and
approaches are key to preventing and eradicating discrimination against Indigenous
women and girls and to achieving the goal of social justice when their human rights
are violated.
6. The prohibition of discrimination under articles 1 and 2 of the Convention must
be strictly applied to ensure the rights of Indigenous women and girls, including those
living in voluntary isolation or initial conta ct, to self-determination and to access to
and the integrity of their lands, territories and resources, culture and environment.
The prohibition of discrimination should also be implemented to ensure their rights
to effective and equal participation in dec ision-making and to consultation, in and
through their own representative institutions, in order to obtain their free, prior and
informed consent before the adoption and implementation of legislative or
administrative measures that may affect them. This se t of rights lays the foundation
for a holistic understanding of the individual and collective rights of Indigenous
women. The violation of any of these or related rights constitutes discrimination
against Indigenous women and girls.
7. In implementing the present general recommendation, the Committee calls upon
States parties to take into consideration the challenging context in which Indigenous
women and girls exercise and defend their human rights. They are heavily affected
by existential threats connected to climate change, environmental degradation, the
loss of biodiversity and barriers in gaining access to food and water security. 4
Extractive activities carried out by business enterprises and other industrial, financial,
public and private actors often have a devastating impact on the environment, air,
land, waterways, oceans, territories and natural resources of Indigenous Peoples and
may infringe the rights of Indigenous women and girls. Indigenous women and girls
are at the forefront of the local, n ational and international demand and action for a
clean, safe, healthy and sustainable environment. Many Indigenous women who are
__________________
4 General recommendation No. 37 (2018) on the gender-related dimensions of disaster risk
reduction in the context of climate change, paras. 1–9.
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environmental human rights defenders face killings, harassment, criminalization and
the ongoing discrediting of their work. States parties have an obligation to ensure that
State actors and business enterprises take measures without delay to guarantee a clean,
healthy and sustainable environment and planetary system, including the prevention
of foreseeable loss and damage, socioeconomic and environmental violence, and all
forms of violence against Indigenous women who are environmental human rights
defenders and their communities and territories. States parties also have an obligation
to address the effects of colonialism, racism, assimilation policies, sexism, poverty,
armed conflicts, militarization, forced displacement and the loss of territories, sexual
violence as a tool of war, and other alarming human rights abuses frequently
perpetrated against Indigenous women and girls an d their communities.
II. Objectives and scope
8. The Committee considers self-identification, according to international
standards,5 to be a guiding principle in international law in determining the status of
rights holders as Indigenous women and girls. 6 However, the Committee recognizes
that some Indigenous women and girls may prefer not to disclose their status owing
to structural and systemic racism and discrimination, as well as colonial and
colonization policies. The present general recommendation and the rights under the
Convention are applicable to all Indigenous women and girls, inside and outside their
territories; in their countries of origin, in transit and in their countries of destination;
and as migrants, as refugees during their forced or involuntary displacement cycle
and as stateless persons.
9. Gender-based violence, including psychological, physical, sexual, economi c,
spiritual, political and environmental violence, is adversely affecting the lives of
many Indigenous women and girls. Indigenous women often suffer violence in the
home, in the workplace and in public and educational institutions; while receiving
health services and navigating child welfare systems; as leaders in political and
community life; as human rights defenders; when deprived of liberty; and when
confined to institutions. Indigenous women and girls are disproportionately at risk of
rape and sexual harassment; gender-based killings and femicide; disappearances and
kidnapping; trafficking in persons; 7 contemporary forms of slavery; exploitation,
including exploitation of prostitution of women; 8 sexual servitude; forced labour;
coerced pregnancies; State policies mandating forced contraception and intrauterine
devices; and domestic work that is not decent, safe or adequately remunerated. 9 The
Committee highlights, in particular, the gravity of discrimination and gender -based
violence against Indigenous women and girls with disabilities who are living in
institutions.
10. The Committee calls upon States parties to promptly engage in data collection
efforts to fully assess the situation of Indigenous women and girls and the forms of
discrimination and gender-based violence that they face. States must undertake efforts
to collect data, disaggregated by a range of factors, including sex; age; Indigenous
origin, status or identity; and disability status, and collaborate with Indigenous
women and their organizations, as well as academic institutions and non -profit
__________________
5 United Nations Declaration on the Rights of Indigenous Peoples, arts. 9 and 33.
6 Ibid., art. 33.1; see also ILO, Indigenous and Tribal Peoples Convention No. 169, art. 1; United
Nations Permanent Forum on Indigenous Issues, “Who are Indigenous Peoples?”, fact sheet; and
working paper on the concept of Indigenous Peoples ( E/CN.4/Sub.2/AC.4/1996/2, paras. 69–70).
7 General recommendation No. 38 (2020) on trafficking in women and girls in the co ntext of
global migration, paras. 18–35.
8 Convention on the Elimination of All Forms of Discrimination against Women, art. 6.
9 CEDAW/C/OP.8/CAN/1, paras. 95–99 and 111–127.
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organizations, in that regard. The Committee also underscores that Indigenous
Peoples must have control over data collection processes in their communities and
over how the data are stored, interp reted, used and shared.
11. One of the root causes of discrimination against Indigenous women and girls is
the lack of effective implementation of their rights to self -determination and
autonomy and related guarantees, as manifested, inter alia, in their c ontinued
dispossession of their lands, territories and natural resources. The Committee
acknowledges that the vital link between Indigenous women and their lands often
forms the basis of their culture, identity, spirituality, ancestral knowledge and surviv al.
Indigenous women face a lack of legal recognition of their rights to land and
territories and wide gaps in the implementation of existing laws to protect their
collective rights. Governments and third -party actors frequently carry out activities
related to investment, infrastructure, development, conservation, climate change
adaptation and mitigation initiatives, tourism, mining, logging and extraction without
securing the effective participation and obtaining the consent of the Indigenous
Peoples affected. The Committee has a broad understanding of the right of Indigenous
women and girls to self-determination, including their ability to make autonomous,
free and informed decisions concerning their life plans and health.
12. The Committee acknowledges that Indigenous women and girls have struggled
and continue to struggle against forced assimilation policies and other large -scale
human rights violations, which may in certain instances amount to genocide. 10 Some
of these assimilation policies – in particular the forced placement in residential
schools and institutions and the displacement of Indigenous Peoples from their
territories in the name of development – have resulted in killings, disappearances,
sexual violence and psychological abuse, and may amoun t to cultural genocide.11 It
is critical for States parties to address the consequences of historic injustices and to
provide support and reparations to the affected communities as part of the process of
ensuring justice, reconciliation and the building of societies free from discrimination
and gender-based violence against Indigenous women and girls. The Committee
highlights, in particular, the need for States to act proactively to protect the rights of
Indigenous women and girls living in urban settings, where they face racism,
discrimination, assimilation policies and gender-based violence.
III. Legal framework
13. The rights of Indigenous women and girls derive from the articles of the
Convention, as further developed in the Committee ’s general recommendations, and
from specific international instruments for the protection of the rights of Indigenous
Peoples, such as the United Nations Declaration on the Rights of Indigenous Peoples
and the International Labour Organization (ILO) Convention, 1989 (No . 169)
concerning Indigenous and Tribal Peoples in Independent Countries. The Committee
considers the Declaration an authoritative framework for interpreting State party and
core obligations under the Convention on the Elimination of All Forms of
Discrimination against Women. All of the rights recognized in the Declaration are
relevant to Indigenous women, both as members of their peoples and communities
and as individuals, and, ultimately, in relation to the guarantees against discrimination
__________________
10 See United Nations Declaration on the Rights of Indigenous Peoples, art. 8; Convention on the
Prevention and Punishment of the Crime of Genocide, art. II; and Rome Statute of the
International Criminal Court, art. 6.
11 See United Nations Declaration on th e Rights of Indigenous Peoples, art. 8.
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in the Convention itself. In addition, all core international human rights treaties
contain relevant protections for the rights of Indigenous women and girls. 12
14. In addressing the rights of Indigenous girls, the Committee also makes reference
to the Convention on the Rights of the Child and to the Committee on the Rights of
the Child general comment No. 11 (2009) on indigenous children and their rights.
States parties have an obligation to protect Indigenous girls from all forms of
discrimination. The creation of an enabling and safe environment for the leadership
and effective participation of Indigenous girls is paramount to the full enjoyment of
their rights to territories, culture and a clean, healthy and sustainable environment. 13
The Committee on the Elimination of Discrimination against Women recognizes,
moreover, the status of Indigenous girls as developing women, which calls for a State
response tailored to their best interests and needs and the adaptation of government
procedures and services to the age, development, evolving capacities, and condition
of Indigenous girls.
15. The Convention on the Elimination of All Forms of Discrimination against
Women should also be interpreted in a manner that takes into consideration the 2 030
Agenda for Sustainable Development, in which States agreed that the achievement of
gender equality and the empowerment of women and girls is paramount to sustainable
development and the end of poverty. 14 The Beijing Declaration and Platform for
Action is also an important reference document in the present general
recommendation. The Committee also makes reference to the resolutions adopted by
the Commission on the Status of Women related to Indigenous women. 15
IV. General obligations of States parties in relation to the rights
of Indigenous women and girls under articles 1 and 2 of
the Convention
A. Equality and non-discrimination, with a focus on Indigenous
women and girls and intersecting forms of discrimination
16. The prohibition of discrimination in articles 1 and 2 of the Convention applies
to all rights of Indigenous women and girls under the Convention, including, by
extension, those set out in the Declaration, which is of fundamental importance to the
interpretation of the Conventio n in the current context. The prohibition of
discrimination is an important pillar and foundational principle of international
human rights law. Indigenous women and girls have the right to be free from all forms
of discrimination on the basis of their sex; gender; Indigenous origin, status or identity;
race; ethnicity; disability; age; language; socioeconomic status; and HIV/AIDS status,
among other factors.16
17. Discrimination against Indigenous women and girls and its effects should be
understood in both their individual and collective dimensions. In its individual
__________________
12 See Committee on the Elimination of Racial Discrimination, general recommendation No. 23
(1997) on the rights of indigenous peoples, paras. 3–6.
13 Committee on the Rights of the Child, general comment No. 12 (2009) on the right of the child
to be heard, para. 2.
14 General Assembly resolution 70/1, para. 20. See also targets 2.3 and 4.5 of the Sustainable
Development Goals, as well as Goal 5.
15 See Commission on the Status of Women resolutions 49/7 and 56/4. See also the agreed
conclusions of the Commission at its sixty-sixth session (E/2022/27, chap. I, sect. A.).
16 General recommendation No. 28 (2010) on the core obligations of States parties under article 2
of the Convention, para. 9; and United Nations Declaration on the Rights of Indigenous Peoples,
para. 2.
CEDAW/C/GC/39
22-24375 7/25
dimension, discrimination against Indigenous women and girls takes intersecting
forms and is carried out by both State and non -State actors, including those in the
private sphere, on the basis of sex; gender; Indigenous origin, status or identity; race;
ethnicity; disability; age; language; socioeconomic status; and HIV/AIDS status;
among other factors. Racism, discriminatory stereotypes, marginalization and gender -
based violence are interrelated violations experienced by Indigenous women and girls.
Discrimination and gender-based violence threaten the individual autonomy, personal
liberty and security, privacy and integrity of all Indigenous women and girls and may
also harm the collective and its well-being. As indicated in general recommendation
No. 29 (2013) on the economic consequences of marriage, family relations and their
dissolution, Indigenous women as individuals can suffer discrimination in the name
of ideology, tradition, culture, religious and customary laws and practices. In addition,
Indigenous women, including those with disabilities, often face the arbitrary removal
and abduction of their children. They also face discriminatory and gender -biased
decisions concerning the custody of their children – whether married or unmarried –
or alimony following divorce. Indigenous women and girls as individuals have the
right to be free from discrimination and human rights violations throughout their life
cycle and to choose their own paths and life plans.
18. In its collective dimension, discrimination, together with gender-based violence,
against Indigenous women and girls threatens and disrupts the spiritual life,
connection with Mother Earth, cultural integrity and survival, and social fab ric of
Indigenous Peoples and communities. Discrimination and gender-based violence have
a harmful effect on the continuance and preservation of the knowledge, cultures,
views, identities and traditions of Indigenous Peoples. The failure to protect the rig hts
to self-determination, collective security of tenure over ancestral lands and resources,
and effective participation and consent of Indigenous women in all matters affecting
them constitutes discrimination against them and their communities.
19. As indicated in the preamble to the Declaration, collective rights are
indispensable for the existence, well-being and integral development of Indigenous
Peoples, including Indigenous women and girls. The individual rights of Indigenous
women and girls should never be neglected or violated in the pursuit of collective or
group interests, as respect for both dimensions of their human rights is essential. 17
20. Discrimination against Indigenous women and girls is perpetuated by gender
stereotypes but also by forms of racism fuelled by colonialism and militarization.
These underlying causes of discrimination are reflected directly and indirectly in laws
and policies that impede the access of Indigenous women and girls to land use and
ownership, the exercise of their rights over their territories, natural and economic
resources, and their access to credit, financial services and income -generating
opportunities. The underlying causes also impede the recognition and protection of
and support for collective and cooperative forms of land ownership and use. Legal
protections for the land rights of Indigenous women remain weak, which frequently
exposes them to dispossession, displacement, confinement, expropriation and
exploitation.18 The lack of legal title to the territor ies of Indigenous Peoples increases
their vulnerability to illegal incursions and to the implementation of development
projects without their free, prior and informed consent by both State and non -State
actors. Indigenous women and girls – in particular those who are widows, heads of
households or orphans – disproportionately face barriers in gaining access to land,
resulting in the loss of their livelihoods and threatening their culture, their intrinsic
link to their environment, their food and water secur ity and their health.
__________________
17 Committee on the Rights of the Child, general comment No. 11 (2009) on indigenous children
and their rights under the Convention, para. 30.
18 A/HRC/30/41, paras. 15–17.
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21. Indigenous women and girls worldwide still do not enjoy equality before the
law under article 15 of the Convention. In many parts of the world, Indigenous women
lack the capacity to conclude contracts and administer property inde pendent of their
husband or a male guardian. They also experience challenges in owning, holding,
controlling, inheriting and administering land, in particular when they are widowed
and have to care for their families on their own. Inheritance laws – in both the State
and Indigenous legal systems – frequently discriminate against Indigenous women.
Indigenous women with disabilities commonly experience the denial of legal capacity,
which leads to further human rights violations, including in the areas of acce ss to
justice, institutionalized violence and forced sterilization. Contrary to article 9 of the
Convention, many laws still discriminate against Indigenous women and girls in
relation to the transmission of their nationality and Indigenous status to their children
when they marry non-Indigenous persons. These laws can result in transgenerational
discrimination and forced assimilation, which fall within the scope and meaning of
discrimination against women as defined in article 1 of the Convention. 19 Therefore,
States must ensure that Indigenous women and girls can acquire, change, retain or
renounce their nationality and/or Indigenous status, transfer it to their children and
spouse and have access to information on these rights, as part of ensuring their r ights
to self-determination and self-identification.
22. The Committee, in its general recommendation No. 34 (2016) on the rights of
rural women, underscored the importance of the rights of Indigenous women to land
and collective ownership, natural resour ces, water, seeds, forests and fisheries under
article 14 of the Convention.20 These rights are also guaranteed to Indigenous women
as members of their peoples and communities by the Declaration and related
international legal norms. The key barriers to th ese rights are the incompatibility of
national laws with international law; the ineffective implementation of laws at the
national and local levels; discriminatory gender stereotypes and practices, in
particular in rural areas; lack of political will; and the commercialization,
commodification and financialization of land and natural resources. Indigenous
customary laws, misogyny and existing institutions may also be barriers. Indigenous
women with disabilities often face intersecting forms of discriminatio n on the basis
of their sex; gender; disability; and Indigenous origin, status or identity, reflected in
the denial of their full legal capacity, which further increases their risk exposure to
exploitation, violence and abuse and undermines their rights to land, territories and
resources.21 Moreover, lesbian, bisexual, transgender and intersex Indigenous women
and girls regularly face intersecting forms of discrimination. The Committee is
concerned about the forms of inequality, discrimination and gender -based violence
that affect Indigenous women and girls in the digital space, including the Internet,
social media and all technology platforms.
23. The Committee recommends that States parties:
(a) Develop comprehensive policies to eliminate discrimination against
Indigenous women and girls, centred around the effective participation of those
living inside and outside Indigenous territories, and pursue collaboration with
Indigenous Peoples more broadly. The policies should include measures to
address intersectional discrimination faced by Indigenous women and girls,
including persons with disabilities and those with albinism; older women; lesbian,
bisexual, transgender and intersex women; women and girls in situations of
poverty; women living in rural and urban areas; forcibly displaced, refugee and
migrant women inside and outside their countries; and women and girls who are
__________________
19 See, for example, CEDAW/C/81/D/68/2014, para. 18.3.
20 Para. 56.
21 Department of Economic and Social Affairs, State of the World’s Indigenous Peoples, vol. 5,
p. 121.
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widows, heads of households or orphaned owing to national and international
armed conflicts. States parties should collect data, disagg regated by age and
disability status, on the forms of gender-based discrimination and violence faced
by Indigenous women and girls, and undertake these efforts in ways that respect
the languages and cultures of Indigenous Peoples;
(b) Provide, in their periodic reports to the Committee, information on
legislative, judicial, administrative, budgetary, and monitoring and evaluation
measures, as well as other measures, specific to Indigenous women and girls;
(c) Repeal and amend all legislative and policy instruments, such as laws,
policies, regulations, programmes, administrative procedures, institutional
structures, budgetary allocations and practices, that directly or indirectly
discriminate against Indigenous women and girls;
(d) Ensure that Indigenous women are equal before the law and have
equal capacity to conclude contracts and administer and inherit property, and
also ensure the recognition of the legal capacity of Indigenous women with
disabilities and support mechanisms for the exercise of legal capacity;
(e) Adopt legislation to fully ensure the rights of Indigenous women and
girls to land, water and other natural resources, including their right to a clean,
healthy and sustainable environment, and that their equality before the law is
recognized and respected, as well as ensuring that Indigenous women in rural
and urban areas have equal access to ownership, title, possession and control of
land, water, forests, fisheries, aquaculture and other resources that they have
owned, occupied or otherwise used or acquired, including by protecting them
against discrimination and dispossession;22
(f) Ensure that Indigenous women and girls have adequate access to
information on existing laws and remedies to claim their rights under the
Convention. Information should be accessible in their own languages and in
culturally appropriate formats of communication, such as community radio.
Information should also be made available for Indigenous women and girls with
disabilities in Braille, easy to read, sign language and other modes;
(g) Guarantee that Indigenous women and girls are protected from
discrimination by both State and non-State actors, including businesses and
companies, inside and outside their territories, especially in the areas of politi cal
participation, representation, education, employment, health, social protection,
decent work, justice and security;
(h) Adopt effective measures to legally recognize and protect the lands,
territories, natural resources, intellectual property, scientific, technical and
Indigenous knowledge, genetic information and cultural heritage of Indigenous
Peoples, and take steps to fully ensure respect for their rights to free, prior and
informed consent; to self-determination of their own life plan; and to effective
participation, in particular marginalized groups of Indigenous women and girls,
such as those with disabilities, in decision-making on matters affecting them;
(i) Adopt effective measures to eliminate and prevent all forced
assimilation policies and other patterns of denials of cultural and other rights
vested in Indigenous Peoples, including the prompt investigation, accountability,
justice and reparations for past and present assimilation policies and practices
that significantly compromise Indigenous cultural identity, and establish and
__________________
22 General recommendation No. 34, para. 59.
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ensure that truth, justice and reconciliation bodies are vested with adequate and
sufficient resources.
B. Access to justice and plural legal systems
24. Access to justice for Indigenous women requires a multidisciplinary and holistic
approach that reflects an understanding that their access is linked to other human
rights challenges that they face, including racism, racial discrimination and the effects
of colonialism; sex- and gender-based discrimination; discrimination on the basis of
socioeconomic status; disability-based discrimination; barriers in gaining access to
their lands, territories and natural resources; the lack of adequate and culturally
pertinent health and education services; a nd disruptions and threats to their spiritual
lives.23 As indicated by other global human rights mechanisms, Indigenous Peoples
must have access to justice that is guaranteed both by States and through their
Indigenous customary and legal systems. 24
25. The Committee reiterates that the right of Indigenous Peoples to maintain their
own judicial structures and systems is a fundamental component of their rights to
autonomy and self-determination.25 At the same time, Indigenous justice systems and
their practices should be consistent with international human rights standards, as
indicated in the Declaration.26 Accordingly, the Committee considers the Convention
an important reference for both non -Indigenous and Indigenous justice systems in
addressing cases related to discrimination against Indigenous women and girls.
26. In its general recommendation No. 33 (2015) on women ’s access to justice, the
Committee recognized six essential components of access. 27 These interrelated
components – justiciability, availability, accessibility, good quality, provision of
remedies for victims, and accountability of justice systems – are also applicable in
the case of Indigenous women and girls, who should be provided with access to justice
and remedies with a gender perspective, an intersectional perspective, an Indigenous
women and girls perspective, an intercultural perspective and a multidisciplinary
perspective, as defined in paragraphs 4 and 5 of the present general recommendation.
27. According to the six essential components, States must ensure that all justice
systems, both Indigenous and non -Indigenous, act in a timely fashion to offer
appropriate and effective remedies for Indigenous women and girls who are victims
and survivors of discrimination and gender-based violence. Doing so entails having
available interpreters, translators, anthropologists, psychologists, health -care
professionals, lawyers, cultural mediators with experience, and Indigenous spiritual
and medicinal authorities, as well as training, incorporat ing a gender perspective, on
the realities, cultures and views of Indigenous women and girls. Justice systems
should also have in place methods to collect evidence that are appropriate and
compatible with their culture and views. Justice officials should b e consistently
trained on the rights of Indigenous women and girls and the individual and collective
dimensions of their identity, with the goal of instilling in the officials a substantial
__________________
23 See A/HRC/EMRIP/2014/3/Rev.1, paras. 35–42; and Inter-American Commission on Human
Rights, Indigenous Women and their Human Rights in the Americas (OEA/Ser.L/V/II.
Doc. 44/17, para. 138).
24 A/HRC/24/50, para. 5.
25 United Nations Declaration on the Rights of Indigenous Peoples, art. 34; and general
recommendation No. 33 (2015) on women’s access to justice, para. 5.
26 Article 34 of the Declaration provides that Indigenous Peoples have the right to promote,
develop and maintain their institutional structures and their distinctive customs, spirituality,
traditions, procedures, practices an d, in the cases where they exist, juridical systems or customs,
in accordance with international human rights standards.
27 Para. 14.
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degree of Indigenous cultural competence. In that regard, it is ke y to respect the
different conceptions of justice and processes that non -Indigenous and Indigenous
systems have, and to actively listen to and collaborate with Indigenous Peoples.
Justice can be a process of reconciliation and healing for them, with the go al of
restoring harmony to their territories and communities. 28 States should also
proactively recruit and appoint Indigenous women justices.
28. States parties should ensure the establishment, maintenance and funding of
courts and judicial and other bodies throughout their territories in urban, rural and
remote areas. Indigenous justice systems should also be easily available, adequate
and effective. Information on how to avail themselves of judicial avenues in both the
non-Indigenous and Indigenous justice systems should be available to and
disseminated among Indigenous women and girls. Basic judicial services and free
legal aid services should be available in close proximity to Indigenous women and
communities. States must adopt measures to ensure that I ndigenous women know
where to seek justice and that justice systems are accessible, fair and affordable.
29. Indigenous women face obstacles in their access to both non -Indigenous and
Indigenous justice systems which can be particularly acute in the case o f Indigenous
women and girls with disabilities. They are routinely denied their right to a legal
remedy. As a result, many cases of discrimination and gender-based violence against
Indigenous women and girls end in impunity. The barriers that they encounte r in
gaining access to justice and reparations include a lack of information in Indigenous
languages on the legal remedies available in both non -Indigenous and Indigenous
justice systems. Other barriers include the costs of legal assistance and the lack of
free legal aid; disrespect of due process guarantees; absence of interpreters, including
for sign language; court fees; long distances to courts; reprisals and retribution against
those who report crimes; lack of identity cards and forms of identification ; and lack
of training for justice officials on the rights and specific needs of Indigenous women
and girls. Indigenous women and girls with disabilities frequently face barriers with
regard to the physical accessibility of buildings that house law enforce ment agencies
and the judiciary, and to the accessibility of critical information, transportation,
communications, procedures and support services.
30. In non-Indigenous justice systems, Indigenous women and girls frequently face
racism, structural and systemic racial discrimination, and forms of marginalization,
and often have to participate in procedures that are not culturally appropriate and do
not take into account Indigenous traditions and practices. Judicial structures tend to
reflect ongoing colonialism. Obstacles include the remoteness of Indigenous
territories, which force Indigenous women and girls to travel long distances to file
complaints; illiteracy; and lack of knowledge of existing laws and judicial avenues.
Indigenous women are often not pr ovided with the interpretation services that are
necessary for them to fully participate in legal proceedings, and there is a lack of
culturally appropriate methods of evidence collection. Among justice officials, there
is a dearth of training on the right s of Indigenous women and girls in their individual
and collective dimensions. Indigenous women and girls also have limited access to
specialized medical care when they suffer acts of rape and sexual violence.
31. Often, Indigenous justice systems are male dominated, and they discriminate
against women and girls, providing limited space for them to participate, voice their
concerns and hold decision-making positions. 29 The Committee has expressed its
concern in the past about the influence of gender stereotypes on the activity of
Indigenous legal systems.30 In general, the Committee has recommended that both
__________________
28 A/HRC/42/37, para. 25.
29 A/HRC/30/41, para. 42.
30 CEDAW/C/MEX/CO/7-8, para. 34.
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Indigenous and non-Indigenous justice systems adopt measures to comply with
international human rights standards. 31
32. Indigenous women also tend to be overrepresented in prisons, affected by
arbitrary pretrial detention and face discrimination, gender -based violence, inhumane
treatment and forms of torture when th ey are in conflict with the law. These problems
are aggravated by deficiencies in the legal support provided by legal aid counsel. The
Committee highlights the right of every Indigenous girl who is in conflict with the
law to a fair trial, equality before the law and the equal protection of the law. 32
33. The Committee recommends that States parties:
(a) Ensure that Indigenous women and girls have effective access to
adequate non-Indigenous and Indigenous justice systems, free from racial and/or
gender-based discrimination, bias, stereotypes, retribution and reprisals;
(b) Adopt measures to ensure that Indigenous women and girls with
disabilities have physical access to law enforcement and judiciary buildings,
information, transportation, support services, and procedures critical to their
access to justice;33
(c) Provide continuous training to judges and all law enforcement
officials in both the non-Indigenous and Indigenous justice systems on the rights
of Indigenous women and girls and the need for an approach to justice that is
guided by gender, intersectional, Indigenous women and girls, intercultural and
multidisciplinary perspectives, as defined in paragraphs 4 and 5. Training on
Indigenous justice should be part of training for all legal profession als;
(d) Recruit, train and appoint Indigenous women justices and other court
personnel in both non-Indigenous and Indigenous justice systems;
(e) Ensure equal access to justice for all Indigenous women and girls,
including through the provision of procedural accommodations and adjustments
for those who need them owing to age, disability or illness, which may include
sign language interpretation and other communication support, as well as longer
time frames for submissions;
(f) Ensure that justice systems include interpreters, translators,
anthropologists, psychologists and health-care professionals specialized and
trained in the needs of Indigenous women and girls, giving priority to qualified
Indigenous women,34 and provide information on legal remedies in both the non-
Indigenous and Indigenous justice systems in Indigenous languages and in
accessible formats. Awareness-raising campaigns should be undertaken to make
known these legal remedies and avenues, as well as the means to report cases of
structural and systemic violence. Follow-up mechanisms are critical in cases of
gender-based violence and discrimination against Indigenous women and girls;
(g) Ensure that Indigenous women and girls without sufficient means and
whose legal capacity has been removed have access to free and quality legal aid,
including in cases of gender-based violence against women. States parties should
__________________
31 General recommendation No. 33, para. 62.
32 Committee on the Rights of the Child, general comment No. 24 (2019) on children’s rights in the
child justice system, paras. 40, 49 and 103.
33 Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014) on
accessibility, para. 37.
34 Inter-American Commission on Human Rights, Indigenous Women and their Rights in the
Americas, para. 156.
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financially support non-governmental organizations that provide free and
specialized legal assistance to Indigenous women and girls;
(h) Guarantee that judicial institutions, remedies and services are
available in urban areas and in proximity to Indigenous territories;
(i) Adopt criminal justice, civil and administrative measures and policies
that consider the historical conditions of poverty, racism and gender-based
violence, which have affected and continue to affect Indigenous women and girls;
(j) Adopt measures to ensure that all Indigenous women and girls have
access to information and education on existing laws, the legal system and how
to gain access to both non-Indigenous and Indigenous justice systems. These
measures can take the form of awareness-raising campaigns, community
trainings, and legal and mobile clinics that offer this information;
(k) Ensure that Indigenous women and girls effectively enjoy the rights to
a fair trial, equality before the law and equal protection of the law;
(l) Ensure that integral reparations for human rights violations are a key
component of the administration of justice in both non-Indigenous and
Indigenous systems, including consideration for spiritual and collective harm.
V. Obligations of States parties in relation to specific
dimensions of the rights of Indigenous women and girls
A. Prevention of and protection from gender-based violence against
Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)
34. Gender-based violence against Indigenous women and girls is a form of
discrimination under article 1 of the Convention and, therefore, engages all
obligations under the Convention. Under article 2 of the Convention, States parties
must adopt measures without delay to prevent and eliminate all forms of gender-based
violence against Indigenous women and girls.35 Similarly, article 22 of the Declaration
requires States to pay particular attention to the full protection of the rights of
Indigenous women and to ensure their right to live free from violence and
discrimination. The prohibition of gender-based violence against women is a principle
of customary international law and applies to Indigenous women and girls. 36
35. Gender-based violence disproportionately affects Indigenous women and girls.
Available statistics indicate that Indigenous women are more likely to experience rape
than non-Indigenous women.37 It is estimated that one in three Indigenous women is
raped during her lifetime. 38 While there is a growing body of evidence of the
magnitude, nature and consequences of gender-based violence globally, knowledge
of its incidence against Indigenous women is limited and tends to vary considerably
by issue and region.39 The Committee highlights the need for S tates to engage in data
collection efforts, in collaboration with Indigenous organizations and communities,
__________________
35 General recommendation No. 35 (2017) on gender-based violence against women, updating
general recommendation No. 19, para. 21.
36 Ibid., para. 2.
37 A/HRC/30/41, para. 47.
38 Ibid.
39 UN-Women and others, Breaking the Silence on Violence against Indigenous Girls, Adolescents
and Young Women (New York, 2013), p. 4. See also Inter-Agency Support Group on Indigenous
Peoples’ Issues, “Elimination and responses to violence, exploitation and abuse of indigenous
girls, adolescents and young women”, thematic paper towards the preparation on of the World
Conference on Indigenous Peoples, pp. 1–2 and 4–10.
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to understand the scope of the problem of gender-based violence against Indigenous
women and girls. It also highlights the need for discrimination, stereotypes and social
legitimization of gender-based violence against them to be addressed by States.
36. The Committee is alarmed at the many forms of gender-based violence
committed against Indigenous women and girls, 40 which occurs in all spaces and
spheres of human interaction, including the family, 41 community, public spaces, the
workplace, educational settings and the digital space. 42 Violence can be psychological,
physical, sexual, economic, political or a form of torture. Spiritual violence is
frequently perpetrated against Indigenous women and girls, harming the collective
identity of their communities and their connection to their spiritual life, culture,
territories, environment and natural resources. Violence against Indigenous women
and girls with disabilities and older Indigenous women often occurs in institutions, in
particular those that are closed and segregated. Indigenous women and girls are
frequently victims of rape, harassment, disappearances, killings and femicide.
37. Forced displacement is a major form of violence that affects Indigenous women
and girls, severing their connection to their lands, territories and natural resources
and permanently harming their life plans and communities. They are also adversely
affected by environmental violence, which can take the form of environmental harm,
degradation, pollution or State failures to prevent foreseeable harm connected to
climate change. Other forms of violence affecting them include the exploitation of
prostitution; contemporary forms of slavery, such as domestic servitude; forced
surrogacy; the targeting of older unmarried women as witches or carriers of bad spirits;
the stigmatization of married women who cannot bear children; and female genital
mutilation. The Committee underscores, in particular, the problem of trafficking in
persons affecting Indigenous women and girls, resulting from the militarization of
Indigenous territories by national armies, organized crime, mining and logging
operations and drug cartels, as well as the exp ansion of military bases on Indigenous
lands and territories.
38. Gender-based violence against Indigenous women and girls is drastically
underreported, and perpetrators regularly enjoy impunity, owing to Indigenous
women’s and girls’ extremely limited access to justice, as well as biased or flawed
criminal justice systems 43 Racism, marginalization, poverty, and alcohol and
substance abuse increase the risk of gender-based violence against them.44 They suffer
gender-based violence perpetrated or tolerated by both State and non-State actors.
State actors include members of governments, armed forces, law enforcement
authorities and public institutions, including in the health and education sectors and
in prisons. 45 Non-State actors include private individuals , businesses, private
companies, paramilitary and rebel groups, illegal actors, and religious institutions. 46
39. States parties have a due diligence obligation to prevent, investigate and punish
perpetrators and to provide reparations to Indigenous women and girls who are
victims of gender-based violence. This obligation is applicable to both
non-Indigenous and Indigenous justice systems. 47 Due diligence should be
implemented with gender, intersectional, Indigenous women, intercultural and
__________________
40 A/HRC/50/26, paras. 7–10 and 24–34.
41 A/HRC/30/41, paras. 113–117.
42 General recommendation No. 35, para. 20.
43 CEDAW/C/OP.8/CAN/1, paras. 132–172.
44 Inter-American Commission on Human Rights, Indigenous Women and their Rights in the
Americas, paras. 85 and 86.
45 UN-Women and others, Breaking the Silence, pp. 13–16, 19 and 20.
46 Ibid.
47 Inter-American Commission on Human Rights, Indigenous Women, para. 230. See also general
recommendation No. 33, para. 64.
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multidisciplinary perspectives, as defined in paragraphs 4 and 5, and bearing in mind
the gendered causes and impacts of the violence experienced by Indig enous women.
40. Gender-based violence against Indigenous women and girls undermines the
collective spiritual, cultural and social fabric of Indigenous Peoples and their
communities and causes collective and sometimes intergenerational harm. Sexual
violence against Indigenous women and girls has been used by a plurality of actors
during armed conflicts and times of unrest as a weapon of war and as a strategy to
control and harm Indigenous communities.
41. States should have an effective legal framework an d adequate support services
in place to address such gender-based violence. Such frameworks must include
measures to prevent, investigate, punish perpetrators, and provide assistance and
reparations to Indigenous women and girls who are victims, as well as services to
address and mitigate the harmful effects of gender-based violence. This general
obligation extends to all areas of State action, including legislative, executive and
judicial branches, at the regional, national and local levels, as well as pri vatized
services. It requires the formulation of legal norms, including at the constitutional
level, and the design of public policies, programmes, institutional frameworks and
monitoring mechanisms aimed at eliminating all forms of gender -based violence
against Indigenous women and girls, whether committed by State or non -State
actors.48
42. The Committee recommends that States parties:
(a) Adopt and effectively implement legislation that prevents, prohibits
and responds to gender-based violence against Indigenous women and girls,
incorporating gender, intersectional, Indigenous women and girls, intercultural,
and multidisciplinary perspectives, as defined in paragraphs 4 and 5. Legislation
and its implementation should also adequately consider th e life cycle of all
Indigenous women and girls, including those with disabilities;
(b) Recognize, prevent, address, sanction and eradicate all forms of
gender-based violence against Indigenous women and girls, including
environmental, spiritual, political, structural, institutional and cultural violence,
as well as violence attributable to extractive industries;
(c) Ensure that Indigenous women and girls have timely and effective
access to both non-Indigenous and Indigenous justice systems, including
protection orders and prevention mechanisms, when needed, and the effective
investigation of cases of missing and murdered Indigenous women and girls, free
from all forms of discrimination and bias;
(d) Repeal all laws that prevent or deter Indigenous women and girls from
reporting gender-based violence, such as guardianship laws that deprive women
of legal capacity or restrict the ability of women with disabilities to testify in
court; the practice of so-called “protective custody”; restrictive immigration
laws that discourage women, including migrant and non -migrant domestic
workers, from reporting such violence; and laws allowing for dual arrests in
cases of domestic violence or for the prosecution of women when the perpetrator
is acquitted;49
(e) Ensure that support services, including medical treatment,
psychosocial counselling and professional training, and reintegration services
and shelters are available, accessible and culturally appropriate for Indigenous
women and girls who are victims of gender-based violence. All services should be
__________________
48 General recommendation No. 35, para. 24 (b).
49 Ibid., para. 29 (c) (iii).
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designed with intercultural and multidisciplinary perspectives, as defined in
paragraph 5, and be vested with sufficient financial resources;
(f) Provide resources for Indigenous women and girl survivors of genderbased
violence to have access to the legal system to report cases of such violence.
Resources can include transportation, legal aid and representation, and access
to information in Indigenous languages;
(g) States should act with due diligence to prevent a ll forms of violence,
inhumane treatment and torture against Indigenous women and girls who are
deprived of liberty. States must ensure that when these acts do occur, they are
appropriately investigated and sanctioned. States should also adopt measures to
ensure that Indigenous women and girls who are deprived of liberty know where
and how to report these acts. States should further prioritize policies and
programmes to promote the social reintegration of Indigenous women and girls
who have been deprived of liberty, with respect for their culture, views and
languages;
(h) States must adhere to their obligations under international human
rights law and international humanitarian law in situations of armed conflict,
including the prohibition of all forms of discrimination and gender-based
violence against civilians and enemy combatants, as well as of harm to land,
natural resources and the environment;
(i) Systematically collect disaggregated data and undertake studies, in
collaboration with Indigenous communities and organizations, to assess the
magnitude, gravity and root causes of gender-based violence against Indigenous
women and girls, in particular sexual violence and exploitation, to inform
measures to prevent and respond to such violence.
B. Right to effective participation in political and public life (arts. 7,
8 and 14)
43. Indigenous women and girls tend to be excluded from decision -making in local,
national and international processes, as well as in their own communities and
Indigenous systems.50 Under article 7 of the Convention, they have the right to effective
participation at all levels in political, public and community life. This right includes
participation in decision-making within their communities, as well as with ancestral
and other authorities; consent and consultation processes over economic activities
carried out by State and private actors in Indigenous territories; public service and
decision-making positions at the local, national regional and international levels; and
their work as human rights defenders.51
44. Indigenous women and girls face multiple and intersecting barriers to effective,
meaningful and real participation. Such barriers include political violence; lack of or
unequal educational opportunities; illiteracy; ra cism; sexism; discrimination based on
class and economic status; language constraints; the need to travel long distances to
gain access to any form of participation; the denial of access to health -care services,
including sexual and reproductive health car e and rights; and the lack of access to,
economic support for and information on legal, political, institutional, community
and civil society processes to vote, run for political office, organize campaigns and
secure funding. The barriers to participation can be particularly high in armed conflict
contexts, including in transitional justice processes, in which Indigenous women and
__________________
50 A/HRC/30/41, paras. 38 and 39.
51 See United Nations High Commissioner for Human Rights, guidelines for States on the effective
implementation of the right to participate in public affairs, pp. 10–19.
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girls and their organizations are often excluded from peace negotiations or attacked
and threatened when they do try to particip ate. States parties should act promptly to
ensure that all Indigenous women and girls have access to computers, the Internet and
other forms of technology to facilitate their full inclusion in the digital world.
45. The Committee acknowledges the threats faced by Indigenous women human
rights defenders, whose work is protected by the right to participate in political and
public life. At particular risk are Indigenous women and girls who are environmental
human rights defenders in the course of advancing th eir land and territorial rights,
and those opposing the implementation of development projects without the free,
prior and informed consent of the Indigenous Peoples concerned. In many cases,
Indigenous women and girl human rights defenders face killings; threats and
harassment; arbitrary detentions; forms of torture; and the criminalization,
stigmatization and discrediting of their work. Many Indigenous women and girls ’
organizations face obstacles to their recognition as legal entities at the national level,
the lack of which challenges their access to funding and their ability to work freely
and independently. The Committee considers that States parties should adopt
immediate gender-responsive measures to publicly recognize, support and protect the
life, liberty, security and self-determination of Indigenous women and girl human
rights defenders, and to ensure safe conditions and an enabling environment for their
advocacy work, free from discrimination, racism, killings, harassment and violence.
46. The Committee recommends that States parties:
(a) In accordance with the general recommendations No. 23 (1997) on
women in political and public life and No. 25 (2004) on temporary special
measures, and articles 18, 19, 32.1 and 44 of the Declaration, promote the
meaningful, real and informed participation of Indigenous women and girls in
political and public life and at all levels, including in decision -making positions,
which may include temporary special measures, such as quotas, targets,
incentives and efforts to ensure parity in representation;52
(b) Establish accountability mechanisms to prevent political parties and
trade unions from discriminating against Indigenous women and girls, and
ensure that they have effective access to gender-responsive judicial remedies to
report such violations when they occur. It is also critical to train public servants
on the right of Indigenous women and girls to effectively participate in public
life;
(c) Disseminate accessible information among Indigenous women and
girls, as well as in society in general, on opportunities to exercise their right to
vote, participate in public life and stand for election, and promote their
recruitment into public service, including at the decision-making level. Measures
to facilitate accessibility for women and girls with disabilities can include the use
of sign language, easy read and Braille;
(d) Act with due diligence to prevent, investigate and puni sh all forms of
political violence against Indigenous women politicians, candidates, human
rights defenders and activists at the national, local and community levels, and
recognize and respect ancestral forms of organization and the election of
representatives;
(e) Create, promote and ensure the access of Indigenous women to
political office through campaign financing; skills training; incentives;
awareness-raising activities for political parties to nominate them as candidates;
and adequate health-care and childcare facilities, as well as support services for
__________________
52 General recommendation No. 34, para. 54.
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caring for older persons, adopt the necessary legislative measures and reforms
to ensure the right of political participation of Indigenous women and girls, and
create incentives and monitoring mechanisms, as well as penalties for failure by
political parties to implement temporary special measures to increase the
political participation of Indigenous women and girls;
(f) Ensure that economic activities, including those related to logging,
development, investment, tourism, extraction, mining, climate mitigation and
adaptation programmes, and conservation projects are only implemented in
Indigenous territories and protected areas with the effective participation of
Indigenous women, including full respect for thei r right to free, prior and
informed consent and the adequate consultation processes. It is key that these
economic activities do not adversely impact human rights, including those of
Indigenous women and girls;53
(g) In line with general recommendation No. 30 (2013) on women in
conflict prevention, conflict and post-conflict situations and Security Council
resolution 1325 (2000) and subsequent resolutions, ensure and create spaces for
Indigenous women and girls to participate as decision makers and actors in
peacebuilding efforts and transitional justice processes;
(h) Take proactive and effective steps to recognize, support and protect the
life, integrity and work of Indigenous women human rights de fenders, and ensure
that they conduct their activities in safe, enabling and inclusive environments. State
measures should include the creation of specialized government mechanisms to
protect women human rights defenders with their genuine and meaningful
participation and in collaboration with Indigenous Peoples.
C. Right to education (arts. 5 and 10)
47. Indigenous women and girls face multiple barriers to enrolment, retention, and
completion at all levels of education and in non -traditional fields.54 Some of the most
important educational barriers for them include: the lack of education facilities
designed, established or controlled by Indigenous Peoples; poverty; discriminatory
gender stereotypes and marginalization;55 limited cultural relevance of educational
curricula; instruction solely in the dominant language; and the scarcity of sexuality
education. Indigenous women and girls frequently must travel long distances to
schools and are at risk of gender-based violence en route and upon arrival. Whi le at
school, they may experience sexual violence, corporal punishment or bullying.
Gender-based violence and discrimination in education is particularly acute when
forced assimilation policies are implemented in schools. Indigenous girls with
disabilities face particular barriers to access and retention, including lack of physical
accessibility; school officials’ refusal to enrol them; and reliance on segregated
schools for children with disabilities. Forced and/or child marriages, sexual violence
and adolescent pregnancies, the disproportionate burden of family responsibilities,
child work, natural disasters and armed conflicts can also hamper Indigenous girls ’
access to school.
__________________
53 Ibid.
54 General recommendation No. 36 (2017) on the right of girls and women to education, para. 41;
and general recommendation No. 34, para. 42.
55 Ibid.
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48. The Committee recommends that States parties:
(a) Ensure that Indigenous women and girls fully enjoy the right to
education by:
(i) Guaranteeing their equal access to quality education at all levels of
education, including by supporting Indigenous Peoples to realize the rights
guaranteed in articles 14 and 15 of the Declaration;
(ii) Addressing discriminatory stereotypes related to Indigenous origin,
history, culture and the experiences of Indigenous women and girls;
(iii) Creating scholarship and financial aid programmes to promote
Indigenous women’s and girls’ enrolment, including in non-traditional
fields such as science, technology, engineering and mathematics and
information and communication technology (ICT), and recognize and
protect Indigenous knowledge and the contributions of Indigenous Peoples,
including women, to science and technology;
(iv) Creating interdisciplinary support systems for Indigenous women and
girls to reduce their unequal share of unpaid care work and combat child
marriage and to assist victims in reporting acts of gender-based violence
and labour exploitation. Social support systems should be operationally
effective, accessible and culturally responsive;
(b) Ensure quality education that is inclusive, accessible and affordable
for all Indigenous women and girls, including those with disa bilities. States
should remove barriers and provide adequate resources and facilities to ensure
that Indigenous women and girls with disabilities have access to an education.
States should guarantee the availability of age -appropriate sexual education
based on scientific research;56
(c) Promote the adoption of curricula that reflect Indigenous education,
languages, cultures, history, knowledge systems and epistemologies .57 These efforts
should extend to all schools, including those in the mainstream. The adoption of
curricula should be done with the participation of Indigenous women and girls.
D. Right to work (arts. 11 and 14)
49. Indigenous women have limited access to decent, safe and adequately
remunerated employment, which undermines their economic autonomy. They
contribute significantly to the agricultural sector but are overrepresented in
subsistence agriculture; low-skilled, part-time, seasonal, low-paid or unpaid jobs; and
home-based activities. A significant number of Indigenous women and girls also
engage in domestic work with low remuneration and unsafe working conditions. Their
overrepresentation in informal employment translates into weak income, benefits and
social protection. They also face discriminatory gender stereotypes and racial
prejudice in the workplace, including frequent prohibition from wearing their attire
or using their languages. Indigenous women often face forms of gender -based
violence and harassment at work, and their treatment can amount to forced labour and
forms of slavery. States should create equal opportunities for Indigenous women and
girls to gain access to the needed education and training necessary to increase their
employment prospects and to facilitate their transition from the informal to the formal
economy. States should also guarantee that Indigenous Peoples and women continue
to pursue and benefit from their occupations, without discrimination.
__________________
56 General recommendation No. 34, para. 43.
57 Ibid.
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50. The Committee recommends that States parties:
(a) Ensure equal, safe, just and favourable conditions of work and income
security for Indigenous women and girls, including by:
(i) Expanding and promoting vocational and professional training
opportunities for them;
(ii) Expanding opportunities for Indigenous women to run businesses and
become entrepreneurs. States should support Indigenous-women-led
businesses and help Indigenous communities to generate wealth by
improving access to capital and business opportunities;
(iii) Facilitating their transition from the informal to the formal economy,
if desired;
(iv) Protecting the occupational health and safety of Indigenous women in
all forms of work;
(v) Expanding the coverage of social protection and provide adequate
childcare services for Indigenous women, including those who are self -
employed;58
(vi) Guaranteeing that Indigenous Peoples and women can continue to
pursue and benefit from their occupations, without discrimination, and also
guaranteeing the collective rights to the land on which these occupations
take place;
(vii) Fully incorporating the right to just and favourable conditions of
work and the principle of equal pay for work of equal value into legal and
policy frameworks, paying special attention to Indigenous women and girls
who are working legally.59 States parties should promote entrepreneurship
by ensuring that Indigenous women have equal access to loans and other
forms of financial credit, without collateral, to enable them to create their
own businesses and advance their economic autonomy;
(b) Take steps to prevent discrimination, racism, stereotypes, genderbased
violence and sexual harassment against Indigenous women in the
workplace and to establish and enforce effective reporting and account ability
mechanisms, including through regular labour inspections;
(c) Ensure that Indigenous women and girls have access to vocational and
professional skills training, including in science, technology, engineering and
mathematics, as well as ICT and other fields from which Indigenous Peoples have
historically been excluded.
E. Right to health (arts. 10 and 12)
51. Indigenous women and girls have limited access to adequate health -care
services, including sexual and reproductive health services and information, and face
racial and gender-based discrimination in health systems. Their right to free, prior and
informed consent is often not respected in the health sector. Health professionals are
often race- and gender-biased, insensitive to the realities, culture and views of
Indigenous women and do not speak Indigenous languages, and they rarely offer
services respecting the dignity, privacy, informed consent and reproductive autonomy
of Indigenous women. Indigenous women frequently experience difficulties in
__________________
58 Ibid., paras. 40–41.
59 Ibid., para. 50.
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securing access to sexual and reproductive health information and education,
including about family planning metho ds, contraception and access to safe and legal
abortion. They are often victims of gender-based violence in the health system,
including obstetrics violence; coercive practices, such as involuntary sterilizations or
forced contraception; and barriers to th eir ability to decide on the number and spacing
of their children. Indigenous midwives and birth attendants are often criminalized,
and technical knowledge is undervalued by non -Indigenous health systems.
Pandemics have a disproportionate impact on Indigen ous women and girls, and States
parties must ensure access to culturally acceptable health -care services, testing and
vaccination during such emergencies.
52. The Committee recommends that States parties:
(a) Ensure that quality health services and facilities are available,
accessible, affordable, culturally appropriate and acceptable for Indigenous
women and girls, including those with disabilities, older women, and lesbian,
bisexual, transgender and intersex women and girls, and ensure that free, prior
and informed consent, confidentiality and privacy are respected in the provision
of health services;
(b) Guarantee that Indigenous women and girls receive prompt,
comprehensive and accurate information, in accessible formats, on sexual and
reproductive health services and affordable access to such services, including
safe abortion services and modern forms of contraception;
(c) Ensure that health information is widely disseminated in Indigenous
languages, including through conventional and social media;
(d) Ensure the recognition of Indigenous health systems, ancestral
knowledge, practices, sciences and technologies, and prevent and sanction the
criminalization thereof;
(e) Provide gender-responsive and culturally responsive training, with
gender and intercultural perspectives, as defined in paragraphs 4 and 5, to health
professionals, including community health workers and birth attendants, who
treat Indigenous women and girls, and encourage Indigenous women to enter the
medical profession;
(f) Adopt steps to prevent all forms of gender-based violence, coercive
practices, discrimination, gender stereotypes and racial prejudice in the
provision of health services.
F. Right to culture (arts. 3, 5, 13 and 14)
53. Culture is an essential component of the lives of Indigenous women and girls.
It is intrinsically linked to their lands, territories, histories and community dynamics.
There are many sources of culture for Indigenous women and girls, including
languages, dress and the way they prepare food, practice Indigenous medicine, respect
sacred places, practice religion and their traditions, and transmit the history and
heritage of their communities and peoples. Indigenous women have a right not only
to enjoy their culture but also to challenge aspect s of their culture that they consider
discriminatory, such as outdated laws, policies and practices contrary to international
human rights law and gender equality. According to article 12 of the Convention on
the Rights of the Child, Indigenous Girls also have the right to express their views
and to participate in cultural matters affecting them, either directly or through a
representative, in accordance with their age and maturity. 60 States should also ensure
__________________
60 Committee on the Rights of the Child, general comment No. 11, para. 38.
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that Indigenous women and girls can participate fully in sports and recreational
activities, free from all forms of discrimination.
54. The dispossession, lack of legal recognition and unauthorized use of Indigenous
territories, lands and natural resources, as well as environmental degradation,
including biodiversity loss, pollution and climate change, are direct threats to the self -
determination, cultural integrity and survival of Indigenous women and girls, as are
the unauthorized use and appropriation of their technical knowledge, spiritual practice,
and cultural heritage by State actors and third parties. States should protect and
preserve Indigenous languages, culture and knowledge, including through the use of
digital tools; sanction the unauthorized appropriation and use of such languages,
culture and knowledge; and respect and protect the lands, territories and sacred places
of Indigenous Peoples.
55. The Committee recommends that States parties:
(a) Ensure the individual and collective rights of Indigenous women and
girls to maintain their culture, identity and traditions and to choose their own
path and life plans;
(b) Respect, protect and expand the rights of Indigenous Peoples to land,
territories, resources and a safe, clean, sustainable and healthy environment as
a precondition for preserving the culture of Indigenous women and girls;
(c) Act with due diligence to prevent, investigate, punish transgressors
and provide reparations to victims in cases of unauthorized use or appropriation
of the cultural knowledge and heritage of Indigenous women and girls without
their free, prior and informed consent and adequate benefit -sharing;
(d) Collaborate with Indigenous Peoples, including women, to develop
culturally appropriate education programmes and curricula;
(e) Study the relationship between technology and culture, as digital tools
can be important in transmitting and preserving Indigenous languages and
culture. Where digital tools are used to support the transmission and
preservation of Indigenous cultures, they should be made acc essible to and be
culturally appropriate for Indigenous women and girls;
(f) Recognize and protect Indigenous women’s intellectual property;
cultural heritage; scientific and medical knowledge; forms of literary, artistic,
musical and dance expressions; and natural resources. In adopting measures,
States parties must take into account the preferences of Indigenous women and
girls. Measures can include the recognition, registration and protection of the
individual or collective authorship of Indigenous women and girls under national
intellectual property rights regimes and should prevent the unauthorized use of
their intellectual property, cultural heritage, scientific and medical knowledge,
forms of literary, artistic, musical and dance expressions; and nat ural resources
by third parties. States should also respect the principle of free, prior and
informed consent of Indigenous women authors and artists and the oral or other
customary forms of transmission of their traditional knowledge, cultural
heritage and scientific, literary or artistic expressions;61
(g) Act with due diligence to respect and protect the sacred places of
Indigenous Peoples and their territories, and hold those who violate them
accountable.
__________________
61 Committee on Economic, Social and Cultural Rights, general comment No. 17 (2005) on the
right of everyone to benefit from the protection of the moral and material interests resulti ng from
any scientific, literary or artistic production of which he or she is the author, para. 32.
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G. Rights to land, territories and natural resources (arts. 13 and 14)
56. Land and territories are an integral part of the identity, views, livelihood, culture
and spirit of Indigenous women and girls. Their lives, well -being, culture and survival
are intrinsically linked to the use and enjoyment of their lands, territories and natural
resources. The limited recognition of ownership of their ancestral territories; the
absence of titles to their lands and legal protection of their traditions and heritage;
and the lack of recognition of Indigenous Peoples’ land and native title rights at the
treaty, constitutional and legislative levels in many countries 62 undermine and fuel
disrespect for their rights by State and private actors, specifically the rights to
collective ownership, possession u se and enjoyment of land and resources. Lack of
recognition of Indigenous land rights can lead to poverty; food and water insecurity;
and barriers to access to natural resources needed for survival, and can create unsafe
conditions, which give rise to gender-based violence against Indigenous women and
girls. States are required under international law to delimit, demarcate, title and
ensure security of title to Indigenous Peoples ’ territories to prevent discrimination
against Indigenous women and girls.
57. The Committee recommends that States parties:
(a) Recognize the rights of Indigenous Peoples and women to individual
and collective ownership and control over lands encompassed by their customary
land tenure systems, and develop policies and laws that adequately reflect this
recognition in the local and national economies;
(b) Recognize legally the right to self-determination and the existence and
rights of Indigenous Peoples to their lands, territories and natural resources in
treaties, constitutions and laws at the national level;
(c) Require the free, prior and informed consent of Indigenous women
and girls before authorizing economic, development, extractive and climate
mitigation and adaptation projects on their lands and territories and affecting
their natural resources. It is recommended to design free, prior and informed
consent protocols to guide these processes;
(d) Prevent and regulate activities by businesses, corporations and other
private actors that may undermine the rights of Indigenou s women and girls to
their lands, territories and environment, including measures to punish, ensure
the availability of remedies, grant reparations and prevent the repetition of these
human rights violations;
(e) Adopt a comprehensive strategy to address discriminatory stereotypes,
attitudes and practices that undermine Indigenous women’s rights to land,
territories and natural resources.63
H. Rights to food, water and seeds (arts. 12 and 14)
58. Indigenous women and girls have a key role in their communities in securing
food, water and forms of livelihood and survival. The dispossession of their territories,
forced displacement and lack of recognition of Indigenous land rights limits their
opportunities to achieve food and water security and to manage these needed natural
resources. The implementation of extractive and other economic activities and
development projects can cause food and water contamination, disruption and
degradation and can obstruct key forms of ancestral farming. Climate change and
__________________
62 A/HRC/45/38, paras. 5–9.
63 General recommendation No. 34, para. 57.
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other forms of environmental degradation also threaten food security and contaminate
and disrupt water supplies. States should adopt urgent measures to ensure that
Indigenous women and girls have adequ ate access to sufficient food, nutrition and
water. Of particular concern is the increasing commercialization of seeds, which are
an essential part of the ancestral knowledge and cultural heritage of Indigenous
Peoples. This commercialization of seeds ofte n occurs without benefit-sharing with
Indigenous women. The proliferation of transgenic or genetically modified crops is
of concern to Indigenous Peoples and often occurs without the participation of
Indigenous women or girls.
59. The Committee recommends that States parties:
(a) Ensure adequate access of Indigenous women and girls to sufficient
food, water and seeds, and acknowledge their contribution to food production,
sovereignty and sustainable development;
(b) Protect ancestral forms of farming and sources of livelihood for
Indigenous women, and ensure the meaningful participation of Indigenous
women and girls in the design, adoption and implementation of agrarian reform
schemes and the management and control of natural resources;
(c) Exercise due diligence to prevent, investigate and punish gender-based
violence committed against Indigenous women and girls when they are
performing agricultural work, procuring food and fetching water for their
families and communities, and ensure that they have acc ess to the benefits of
scientific progress and technological innovation to be able to achieve food and
water security and that they are compensated for their contributions and
technical knowledge. Their scientific contributions should also be recognized by
States parties.
I. Right to a clean, healthy and sustainable environment (arts. 12
and 14)
60. The right to a clean, healthy and sustainable environment encompasses a safe
and stable climate; safe and adequate food and water; healthy ecosystems and
biodiversity; a non-toxic environment; participation; access to information; and
access to justice in environmental matters. 64 Indigenous women and girls refer to
“Mother Earth”, a concept that reflects the vital link that they have with a h ealthy
environment and their lands, territories and natural resources. Human -caused
pollution, contamination, deforestation, burning of fossil fuels and loss of
biodiversity threaten that link. The failure of States to take adequate action to prevent,
adapt to and remediate these serious instances of environmental harm constitutes a
form of discrimination and violence against Indigenous women and girls that needs
to be promptly addressed. Moreover, States should take steps to recognize the
contribution of Indigenous women through their technical knowledge of biodiversity
conservation and restoration, including them in decision -making, negotiations and
discussions concerning climate action and mitigation and adaptation measures. States
should also act promptly to support the work of Indigenous women and girls who are
environmental human rights defenders and ensure their protection and security.
61. The Committee recommends that States parties:
(a) Ensure that laws and policies related to the environment, cl imate
change and disaster risk reduction reflect the specific impacts of climate change
__________________
64 See Human Rights Council resolution 48/13.
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and other forms of environmental degradation and harm, including the triple
planetary crisis;65
(b) Ensure that Indigenous women and girls have equal opportunities to
meaningfully and effectively participate in decision-making related to the
environment, disaster-risk reduction and climate change;66
(c) Ensure that effective remedies and accountability mechanisms are in
place to hold those responsible for environmental harm accountable, and ensure
access to justice for Indigenous women and girls in environmental matters;
(d) Ensure the free, prior and informed consent of Indigenous women and
girls in matters affecting their environment, lands, cultural heritage and na tural
resources, including any proposal to designate their lands as a protected area for
conservation or climate change mitigation purposes or carbon sequestration and
trading or to implement a green energy project on their lands, and any other
matter having a significant impact on their human rights.
__________________
65 General recommendation No. 37, para. 26.
66 Ibid., para. 36.
GE.23-00043 (E) 240123 240123
Committee on Economic, Social and Cultural Rights
General comment No. 26 (2022) on land and economic, social
and cultural rights*
I. Introduction
1. Land plays an essential role in the realization of a range of rights under the
International Covenant on Economic, Social and Cultural Rights. Secure and equitable access
to, use of and control over land for individuals and communities can be essential to eradicate
hunger and poverty and to guarantee the right to an adequate standard of living. The
sustainable use of land is essential to ensure the right to a clean, healthy and sustainable
environment and to promote the right to development, among other rights. In many parts of
the world, land is not only a resource for producing food, generating income and developing
housing, it also constitutes the basis for social, cultural and religious practices and the
enjoyment of the right to take part in cultural life. At the same time, secure land tenure
systems are important to protect people’s access to land as a means of guaranteeing
livelihoods and avoiding and regulating disputes.
2. However, the current use and management of land are not conducive to the realization
of the rights enshrined in the Covenant. The most important factors in this trend are the
following:
(a) The increased competition for access to and control over land. Long-term
trends in high demand for land and rapid urbanization in most parts of the world have had a
significant impact on the rights of many, in particular peasants, rural communities,
pastoralists, fisherfolk and Indigenous Peoples, as well as persons living in poverty in urban
areas;
(b) In cities, the financialization of housing markets has led to competition
between different groups for access to and control over land and has encouraged speculation
and inflation, affecting the rights of those left behind to an adequate standard of living and to
adequate housing;
(c) In rural areas, competition for arable land resulting from demographic growth,
urbanization, large-scale development projects and tourism has significantly affected the
livelihoods and rights of rural populations;
(d) Land degradation owing to overuse, poor management and unsustainable
agricultural practices has caused food insecurity and water degradation and is directly linked
to climate change and environmental degradation, escalating the risk of widespread, abrupt
and irreversible environmental changes, including massive desertification;1
* Adopted by the Committee at its seventy-second session (26 September–14 October 2022).
1 See United Nations Convention to Combat Desertification, The Global Land Outlook, 2nd ed. (Bonn,
2022), in which it is highlighted that between 20 and 40 per cent of land worldwide is already
degraded.
United Nations E/C.12/GC/26
Economic and Social Council Distr.: General
24 January 2023
Original: English
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E/C.12/GC/26
2 GE.23-00043
(e) Measures to mitigate climate change, such as large-scale renewable energy
projects or reforestation measures, might contribute to such trends when not adequately
managed;
(f) Global trends, including climate change and the resulting increase in internal
and cross-border migration, are likely to increase tensions over the access to and use and
tenure of land, with negative implications for human rights;
(g) Weak, mismanaged, corrupt or non-existent legal and institutional frameworks
for the governance of land tenure exacerbate these problems and lead to land disputes and
conflicts, social inequality, hunger and poverty.
3. Concerns relating to access to, use of and control over land have led in recent years to
the adoption of a number of international instruments that have significantly influenced
national legislation and policy and have been widely endorsed by Governments. In 2004, the
Council of the Food and Agriculture Organization of the United Nations (FAO) adopted the
Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food
in the Context of National Food Security,2 which contain several provisions relating to access
to natural resources, including land and water. In 2012, the Committee on World Food
Security endorsed the Voluntary Guidelines on the Responsible Governance of Tenure of
Land, Fisheries and Forests in the Context of National Food Security,3 which have acquired
a high degree of legitimacy owing to, inter alia, the inclusive nature of that Committee. In
2014, the Committee on World Food Security endorsed the Principles for Responsible
Investment in Agriculture and Food Systems, which address, inter alia, the human rights
implications of agricultural investments. 4 In 2007, in its resolution 61/295, the General
Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples and
in 2018, in its resolution 73/165, it adopted the United Nations Declaration on the Rights of
Peasants and Other People Working in Rural Areas, in both of which the Assembly
recognized a right to land for these populations. Indeed, the importance of land for the
realization of many human rights has led some scholars, civil society organizations and
special rapporteurs to consider land as a human right, with reference to all the rights,
entitlements and State obligations relating to land. One example is the basic principles and
guidelines on development-based evictions and displacement, which were drawn up by the
Special Rapporteur on the right to adequate housing as a component of the right to an
adequate standard of living.5
4. The present general comment was formulated on the basis of the Committee’s
experience in its review of State party reports6 and in the light of its other general comments
and its Views and decisions on communications. It is aimed at clarifying States’ obligations
relating to the impact of access to, use of and control over land on the enjoyment of the rights
enshrined in the Covenant, especially for the most disadvantaged and marginalized
individuals and groups. Thus, it is aimed at clarifying the specific obligations contained in
the Covenant that relate to land, particularly in the context of the rights enshrined in articles
1–3, 11, 12 and 15.
II. Provisions of the Covenant relating to land
5. Secure and equitable access to, use of and control over land can have direct and
indirect implications for the enjoyment of a range of rights enshrined in the Covenant.
6. First, land is crucial to guarantee the enjoyment of the right to adequate food, as land
is used in rural areas for the purpose of food production. Consequently, if land users are
deprived of the land they use for productive purposes, their right to adequate food might be
2 See https://www.fao.org/3/y7937e/y7937e00.htm.
3 See https://doi.org/10.4060/i2801e.
4 See https://www.fao.org/fileadmin/templates/cfs/Docs1314/rai/CFS_Principles_Oct_2014_EN.pdf.
5 A/HRC/4/18, annex I.
6 The Committee has referred to land-related issues in approximately 50 concluding observations since
2001. See, for example, E/C.12/IND/CO/5, E/C.12/KHM/CO/1, E/C.12/MDG/CO/2 and
E/C.12/TZA/CO/1.
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GE.23-00043 3
endangered. Article 11 (2) of the Covenant provides that States parties, recognizing the
connection between the right to be free from hunger and the utilization of natural resources,
which include land, should develop or reform agrarian systems in such a way as to achieve
the most efficient development and utilization of natural resources. In the Committee’s
general comment No. 12 (1999) on the right to adequate food and in the Voluntary Guidelines
to Support the Progressive Realization of the Right to Adequate Food in the Context of
National Food Security, the importance of access to productive resources is highlighted as a
key element for the realization of the right to adequate food, particularly in rural areas, where
most peasants and pastoralists live and where people are more likely to experience hunger.
7. Second, as access to land provides space for housing, the enjoyment of the right to
adequate housing depends largely on having secure access to land. Without such access,
people could be subject to displacement and forced eviction, which could violate their right
to adequate housing. Secure access to land in rural areas serves the rights to both adequate
food and housing, as housing is often built on land used for the purpose of food production.
8. Third, land is also directly linked to the enjoyment of the right to water. For example,
the enclosure of communal grounds deprives people from access to water sources that are
necessary to meet their personal and domestic needs.
9. Fourth, the use of land may affect the enjoyment of the right to the highest attainable
standard of physical and mental health. For example, land use that relies on pesticides,
fertilizers and plant growth regulators or that results in the production of animal waste and
other microorganisms has contributed to various respiratory diseases.
10. Fifth, land is closely and often intrinsically related to the enjoyment of the right to
take part in cultural life owing to the particular spiritual or religious significance of land to
many communities, for example, when land serves as a basis for social, cultural and religious
practices or the expression of cultural identity.7 This is particularly relevant for Indigenous
Peoples and for peasants and other local communities living traditional lifestyles.
11. Sixth, land is also closely linked to the right to self-determination, enshrined in article
1 of the Covenant, the importance of which was emphasized in Declaration on the Right to
Development (1986). The realization of self-determination is an essential condition for the
effective guarantee and observance of individual human rights and for the promotion and
strengthening of those rights.8 Indigenous Peoples can freely pursue their political, economic,
social and cultural development and dispose of their natural wealth and resources for their
own ends only if they have land or territory in which they can exercise their selfdetermination.
9 The present general comment deals only with the internal self-determination
of Indigenous Peoples, which has to be exercised in accordance with international law and
respecting the territorial integrity of States.10 Thus, according to their right to internal selfdetermination,
the collective ownership of lands, territories and resources of Indigenous
Peoples shall be respected, which implies that these lands and territories shall be demarcated
and protected by States parties.
7 African Commission on Human and Peoples’ Rights, Centre for Minority Rights Development
(Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya,
communication No. 276/03, Decision, forty-sixth ordinary session, 11–25 November 2005, para. 241;
Inter-American Court of Human Rights, Mayagna (Sumo) Awas Tingni Community v. Nicaragua,
Judgment, 31 August 2001, paras. 148–149 and 151, and Yakye Axa Indigenous Community v.
Paraguay, Judgment, 17 June 2005, paras. 131–132; and Human Rights Chamber for Bosnia and
Herzegovina, The Islamic Community in Bosnia and Herzegovina v. The Republika Srpska, Case No.
CH/96/29, Decision, 11 June 1999, paras. 182 and 187.
8 Human Rights Committee, general comment No. 12 (1984), para. 1.
9 United Nations Declaration on the Rights of Indigenous Peoples, preamble and arts. 10 and 26.
10 Käkkäläjärvi et al. v. Finland (CCPR/C/124/D/2950/2017).
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4 GE.23-00043
III. Obligations of States parties under the Covenant
A. Non-discrimination, equality and groups or persons requiring
particular attention
12. Under articles 2 (2) and 3 of the Covenant, States parties are required to eliminate all
forms of discrimination and to ensure substantive equality.11 Accordingly, States parties shall
undertake regular reviews to ensure that domestic laws and policies do not discriminate
against people on any prohibited grounds. They should also adopt specific measures,
including legislation, aimed at eliminating discrimination against both public and private
entities in relation to rights under the Covenant in land-related contexts. In particular, women,
Indigenous Peoples, peasants and other people working in rural areas deserve special
attention, either because they have been traditionally discriminated against in terms of access
to, use of and control over land or because of their particular relationship to land.
1. Women
13. Women are among those who are disproportionately affected by poor access to, use
of, control over and bad governance of land, threatening their rights under the Covenant and
potentially leading to discrimination, including intersectional discrimination. In several of its
concluding observations, the Committee has drawn special attention to discrimination against
women with regard to security of land tenure, access to, use of and control over land, marital
property, inheritance and exclusion from decision-making processes, including in the context
of communal forms of land tenure.12 In its general comment No. 16 (2005), the Committee
noted that women have a right to own, use or otherwise control housing, land and property
on an equal basis with men, and to access necessary resources to do so (para. 28).13 In its
general comment No. 12 (1999), the Committee recognized the importance of full and equal
access to economic resources, particularly for women, including the right to inheritance and
the ownership of land (para. 26).14
14. For women, land is a pivotal resource for meeting subsistence needs and for accessing
other goods and services, such as credit. Furthermore, land is important to enhance women’s
engagement in household decision-making and for their participation in rural institutions that
could strengthen their decision-making power and leverage over collective rights and
resources. In addition, women’s property ownership improves children’s welfare and
increases access to sexual and reproductive health services. It also reduces women’s exposure
to violence, in part because women who have security in access to tenure can flee domestic
violence more easily by seeking access to protection, and also by making women’s
households more secure, by enhancing women’s self-confidence and self-esteem and their
role in decision-making, and by allowing them to garner more social, familial and community
support.15 Thus, in cases of agrarian reform or any redistribution of land, the right of women,
11 Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), paras. 7–8.
12 With regard to discrimination in relation to access to land, particularly access and ownership, see, for
example, E/C.12/GIN/CO/1, E/C.12/CMR/CO/4, E/C.12/MLI/CO/1, E/C.12/NER/CO/1,
E/C.12/ZAF/CO/1 and E/C.12/CAF/CO/1. Concerning the very small number of women who own
land, see, for example, E/C.12/ZAF/CO/1. Regarding traditional and customary law and practice
depriving women of their inheritance and property rights, see, for example, E/C.12/BEN/CO/3,
E/C.12/CMR/CO/4, E/C.12/ZAF/CO/1, E/C.12/NER/CO/1 and E/C.12/CAF/CO/1. Regarding
patriarchal attitudes and attitudes based on stereotypes, see, for example, E/C.12/NER/CO/1.
13 See also Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in
Africa, arts. 15–16, 18 and 19 (c).
14 See also Committee on the Elimination of Discrimination against Women, general recommendation
No. 34 (2016), in which that Committee recognized rural women’s rights to land, natural resources,
including water, seeds and forests, and fisheries as fundamental human rights and emphasized that
States parties should take all measures necessary to achieve the substantive equality of rural women
in relation to land and natural resources (paras. 56–57).
15 International Center for Research on Women, Property Ownership & Inheritance Rights of Women
for Social Protection – The South Asia Experience (Washington, D.C., 2006), pp. 12 and 100. See
E/C.12/GC/26
GE.23-00043 5
regardless of marital status, to share such redistributed land on equal terms with men should
be carefully observed. States should also monitor and regulate customary law, which in many
countries has an important role in governing land, to protect the rights of women and girls
who are affected by traditional inheritance rules of male primogeniture.
15. However, laws and social customs such as those providing that, upon the death of a
man, his land belongs to his sons and not his widow or daughters, remain in place, despite
their flagrant violation of women’s rights under the Covenant.16 Ensuring that women enjoy
the rights enshrined in the Covenant on an equal basis to men requires the removal of
traditional land regulations and structures that discriminate against women. This could be
achieved by a combination of traditional and modern land governance regimes.17
2. Indigenous Peoples
16. The right of Indigenous Peoples over the lands and territories they have traditionally
occupied is recognized in international law. The Indigenous and Tribal Peoples Convention,
1989 (No. 169) of the International Labour Organization and the United Nations Declaration
on the Rights of Indigenous Peoples (arts. 25–28)18 both recognize Indigenous Peoples’ right
to land and territory.19 These sources of international human rights law provide for respect
for and the protection of the relationship that Indigenous Peoples have with their lands,
territories and resources, requiring States to demarcate their lands, protect those lands from
encroachment and respect their right to manage the lands according to their internal modes
of organization. The spiritual relationship of Indigenous Peoples to land is linked not only to
spiritual ceremonies but also to every activity on land, such as hunting, fishing, herding and
gathering plants, medicines and foods. Thus, States parties should ensure Indigenous
Peoples’ right to maintain and strengthen their spiritual relationship with their lands,
territories and resources, including waters and seas in their possession or no longer in their
possession but which they owned or used in the past. Indigenous Peoples have the right to
have their lands demarcated, and relocation should be allowed only under narrowly defined
circumstances and with the prior, free and informed consent of the groups concerned.20 Laws
and policies should protect Indigenous Peoples from the risk of State encroachment on their
land, for instance for the development of industrial projects or for large-scale investments in
agricultural production.21 Regional human rights courts have contributed to strengthening the
rights of Indigenous Peoples to their lands and territories.22 Both the Inter-American Court
of Human Rights and the African Commission on Human and Peoples’ Rights have taken
the view that Indigenous Peoples who have unwillingly lost possession of their lands without
also Committee on the Elimination of Discrimination against Women, general recommendation No.
34 (2016), paras. 55–78.
16 Committee on the Elimination of Discrimination against Women, general recommendation No. 34
(2016), paras. 55–78.
17 African Union, African Development Bank and Economic Commission for Africa, Framework and
guidelines on land governance in Africa (Addis Ababa, 2010), para. 3.1.3.
18 See also the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate
Food in the Context of National Food Security, guideline 9.
19 See also A/HRC/45/38.
20 Arts. 10–11, 19, 28–29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples
refer to the necessity to seek Indigenous Peoples’ free, prior and informed consent on measures
affecting them. This operates as a safeguard for the collective rights of Indigenous Peoples. See
A/HRC/39/62.
21 United Nations Declaration on the Rights of Indigenous Peoples, arts. 28 and 32.
22 Inter-American Court of Human Rights, Mayagna (Sumo) Awas Tingni Community v. Nicaragua,
paras. 151 and 164. For a discussion of the case law of the Inter-American bodies in that area, see
Fergus MacKay, “From ‘sacred commitment’ to justiciable norms: indigenous peoples’ rights in the
Inter-American system,” in Casting the Net Wider: Human Rights, Development and New Duty-
Bearers, Margot E. Salomon, Arne Tostensen and Wouter Vandenhole, eds. (Antwerp, Intersentia,
2007). See also African Court on Human and Peoples’ Rights, African Commission on Human and
Peoples’ Rights v. Republic of Kenya, Application No. 006/2012, Judgment, 26 May 2017.
E/C.12/GC/26
6 GE.23-00043
their free and prior consent after a lawful transfer to third parties “are entitled to restitution
thereof or to obtain other lands of equal extension and quality”.23
17. In recent jurisprudence of regional human rights courts, some of the rights applicable
to Indigenous Peoples concerning land have been extended to some traditional communities
that maintain a similar relationship to their ancestral lands, centred on the community rather
than the individual.24
3. Peasants and other people working in rural areas
18. Access to land has particular importance for the realization of the rights of peasants
and other people working in rural areas worldwide.25 For peasants, access to land and other
productive resources is so important for the realization of most rights under the Covenant
that it implies for them a right to land. Articles 5 and 17 of the United Nations Declaration
on the Rights of Peasants and Other People Working in Rural Areas recognize this right to
land for peasants and other people working in rural areas, which include agricultural workers,
pastoralists and fisherfolk. This right can be exercised individually and collectively. It
includes the right to have access to, sustainably use and manage land to achieve an adequate
standard of living, to have a place to live in security, peace and dignity and to develop their
cultures.26 States should take measures to support peasants to use the land in a sustainable
manner, to maintain soil fertility and its productive resources, and to ensure that their methods
of production do not endanger the environment for others, in terms of aspects such as access
to clean water and preservation of biodiversity.
19. If disputes over land arise between Indigenous Peoples or peasants, States shall
provide mechanisms for the adequate settlement of those disputes, making every effort to
satisfy the right to land of both groups.27 Both groups depend to a large extent on access to
communal lands or to collective ownership. Respect for Indigenous Peoples’ selfdetermination
and their customary land tenure system necessitates recognition of their
collective ownership of lands, territories and resources. 28 There are also other groups,
including peasants, pastoralists and fisherfolk, for whom access to communal lands or the
commons for gathering firewood, collecting water or medicinal plants or for hunting and
fishing is essential. Customary forms of property may provide security for people who
depend on commons and for whom formal property rights are generally not an appropriate
solution. However, ill-conceived attempts to formalize customary tenure rights through
titling schemes and the enclosure of communal lands might exclude such people from access
to resources on which they depend, affecting the right to food, the right to water and other
rights enshrined in the Covenant. Consequently, States have an obligation to guarantee secure
access to legitimate land users without discrimination, including those who depend on
collective or communal land.
B. Participation, consultation and transparency
20. Participation, consultation and transparency are key principles for the implementation
of obligations arising from the Covenant, including in relation to land. Individuals and
23 Inter-American Court of Human Rights, Sawhoyamaxa Indigenous Community v. Paraguay,
Judgment, 29 March 2006, para. 128; and African Commission on Human and Peoples’ Rights,
Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois
Welfare Council) v. Kenya, para. 209. The Committee on the Elimination of Racial Discrimination, in
its general recommendation No. 23 (1997), also highlighted that compensation “should as far as
possible take the form of land and territories” (para. 5).
24 Inter-American Court of Human Rights, Moiwana Community v. Suriname, Judgment, 15 June 2005,
paras. 132–133, and Saramaka People v. Suriname, Judgment, 28 November 2007, para. 86.
25 For an example of the importance of land for peasants’ civil and political rights, see Portillo Cáceres
et al. v. Paraguay (CCPR/C/126/D/2751/2016).
26 Human Rights Council resolution 39/12, annex, art. 17 (1).
27 On the need to harmonize the right to land of peasants and Indigenous Peoples, see Inter-American
Court of Human Rights, Indigenous Communities of the Lhaka Honhat (Our Land) Association v.
Argentina, Judgment, 6 February 2020.
28 A/HRC/45/38. See also Käkkäläjärvi et al. v. Finland (CCPR/C/124/D/2950/2017).
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GE.23-00043 7
communities shall be properly informed about and allowed to meaningfully participate in
decision-making processes that may affect their enjoyment of rights under the Covenant in
land-related contexts, without retaliation. 29 Equal access to sufficient and transparent
information for all parties involved in decision-making is key for human rights-based
participation in decision-making. States parties should develop relevant laws, policies and
procedures to ensure transparency, participation and consultation in relation to decisionmaking
affecting land, including in relation to land registration, land administration and land
transfers, as well as prior to evictions from land. Decision-making processes should be
transparent, organized in the relevant languages, without barriers and with reasonable
accommodation for all involved.
21. Decision-making processes should be widely publicized and include procedures to
grant access to all relevant documents. Affected persons need to be contacted prior to any
decision that might affect their rights under the Covenant. The international legal standard
for Indigenous Peoples is that of free, prior and informed consent,30 which needs to be a
process of dialogue and negotiation where consent is the objective. Indigenous Peoples shall
not only be involved in decision-making processes, but shall also be able to actively influence
their outcome. Consent is required for relocation, as stated in article 10 of the United Nations
Declaration on the Rights of Indigenous Peoples. The right to participate is meaningful only
when its use does not entail any form of retaliation.
C. Specific obligations of States parties
1. Obligation to respect
22. The obligation to respect requires that States parties do not interfere directly or
indirectly with the rights enshrined in the Covenant relating to land, including the access to,
use of and control over land. The obligation to respect means not doing any of the following:
(a) interfering with land users’ legitimate tenure rights,31 in particular by evicting occupants
from land on which they depend for their livelihoods; (b) evicting by force and demolishing
property as punitive measures; (c) committing any discriminatory acts in the process of land
registration and land administration, including on the basis of marital status, legal capacity
or access to economic resources; or (d) committing any act of corruption with regard to tenure
administration and tenure transfers. The obligation to respect also entails respecting existing
access to land of all legitimate tenure holders and respecting decisions of concerned
communities to manage their lands according to internal modes of organization.
23. States should provide all persons with a reasonable degree of tenure security that
guarantees legal protection against forced evictions. More generally, the Covenant imposes
on States a duty to abstain from interfering with land users’ legitimate tenure rights,
particularly by not evicting occupants from the land on which they depend for their
livelihoods. Forced evictions are prima facie incompatible with the requirements of the
Covenant. 32 The relevant authorities shall ensure that evictions are only carried out in
accordance with legislation that is compatible and in conformity with the Covenant and in
accordance with the general principles of reasonableness and proportionality between the
29 Committee on Economic, Social and Cultural Rights, general comment No. 16 (2005), para. 37, and
general comment No. 21 (2009), para. 16 (c). See also African Commission on Human and Peoples’
Rights, “State reporting guidelines and principles on articles 21 and 24 of the African Charter relating
to extractive industries, human rights and the environment” (Niamey, 2017), pp. 26–27; and
Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the
Context of National Food Security, para. 3B (6).
30 Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the
Context of National Food Security, para. 9.9.
31 The term “legitimate tenure right holder” was developed during the negotiations of the Voluntary
Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of
National Food Security in 2012 in order to clarify the fact that legitimate tenure right holders include
not only those with formal land titles, but also those with customary, collective or traditional tenure
rights that might not be recognized by law.
32 Committee on Economic, Social and Cultural Rights, general comment No. 7 (1997), para. 1.
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8 GE.23-00043
legitimate objective of the eviction and its consequences for the evicted persons. 33 That
obligation arises from the interpretation of the State party’s obligations under article 2 (1) of
the Covenant, read in conjunction with article 11, and in accordance with the requirements
of article 4, which stipulates the conditions under which limitations on the enjoyment of the
rights under the Covenant are permitted. Firstly, the limitation shall be determined by law.
Secondly, it shall promote the general welfare or “public purpose” in a democratic society.
Thirdly, it shall be suited to the legitimate purpose cited. Fourthly, the limitation shall be
necessary, in the sense that it is the least restrictive measure to fulfil the legitimate purpose.
Lastly, the benefits of the limitation in promoting the general welfare shall outweigh the
impact on the enjoyment of the right being limited.34 States parties shall clearly define the
concepts of public purpose in law, in order to allow for judicial review. States parties shall
introduce and implement national legislation that explicitly prohibits forced evictions and
sets out a framework for eviction and resettlement processes to be carried out in line with
international human rights law and standards.35
24. Where people have been relocated and given alternative accommodation, alternative
housing shall be safe and provide security of tenure, enabling access to public services,
including education, health care, community engagement and livelihood opportunities. 36
Every effort shall be made not to break up communities, given their crucial role in supporting
and sustaining neighbour networks and livelihood support. Prior to carrying out any evictions
or shifts in land use which could result in depriving individuals of access to their productive
resources, States parties should ensure that all feasible alternatives are explored in
consultation with the affected persons, with a view to avoiding, or at least minimizing, the
need to resort to evictions.37 In all cases, effective legal remedies or procedures shall be
provided to those who are affected by eviction orders.
25. Where the State owns or controls land, it should ensure that the legitimate land tenure
rights of individuals and communities, even within customary tenure systems, are recognized
and respected. Collective systems of use and management of land, be they traditional
systems, cooperatives or other forms of common management, should be identified,
recognized and registered. Policies aimed at granting tenure rights of publicly owned land to
landless peasants should follow broader social and environmental objectives in accordance
with human rights obligations. Local communities that have traditionally used the land
should be prioritized in the reallocation of tenure rights.
2. Obligation to protect
26. The obligation to protect requires States parties to adopt measures to prevent any
person or entity from interfering with the rights enshrined in the Covenant relating to land,
including the access to, use of and control over land. States parties shall protect access to
land by ensuring that no one is forcibly evicted and that their access rights to land are not
otherwise infringed by third parties. States parties should also ensure that legitimate tenure
rights are protected in all processes relating to transfer of these rights, including voluntary or
involuntary transactions because of investments, land consolidation policies or other landrelated
readjustment and redistribution measures.
27. Notwithstanding the type of land tenure systems put in place, States parties shall take
measures to ensure that all persons possess a reasonable degree of security in relation to their
relationship with land and to protect legitimate tenure rights holders from eviction, illegal
land dispossession, appropriation, harassment and other threats. In addition, States parties
should take immediate measures aimed at conferring legal security of tenure upon those
persons and households currently lacking such protection, in genuine consultation with the
33 Ben Djazia et al. v. Spain (E/C.12/61/D/5/2015), para. 13.4.
34 Gómez-Limón Pardo v. Spain (E/C.12/67/D/52/2018), para. 9.4.
35 For further reference, see the basic principles and guidelines on development-based evictions and
displacement.
36 See Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991).
37 A/HRC/13/33/Add.2, annex, principle 2; and African Commission on Human and Peoples’ Rights,
Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in the
African Charter on Human and Peoples’ Rights (2012), paras. 51–55 and 77–79.
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GE.23-00043 9
persons and groups concerned.38 States parties should also recognize and protect communal
dimensions of tenure, particularly in relation to Indigenous Peoples, peasants and other
traditional communities who have a material and spiritual relationship with their traditional
lands that is indispensable to their existence, well-being and full development. That includes
the collective rights of access to, use of and control over lands, territories and resources that
they have traditionally owned, occupied or otherwise used or acquired.39 Legal frameworks
should therefore avoid the increased concentration of land ownership and privileges within
land tenure systems, including when the motivation to change the legal framework stems
from international agreements.40
28. States parties should develop laws and policies to guarantee that land-based
investments are made in a responsible manner. That requires the early participation of all
affected parties and the fair regulation of transfer processes. In all land-related investment
processes, affected persons or groups shall have access to complaint mechanisms that allow
them to challenge decisions of local governments, investment boards or other relevant parties
before the start of the investment and up to the payment of fair compensation. Human rights
impact assessments shall be conducted to identify potential harm and options to mitigate it.
Principles for responsible investors and investment need to be determined by law and shall
be enforceable. Responsible investments shall respect legitimate tenure rights and shall not
harm human rights and legitimate policy objectives such as food security and the sustainable
use of natural resources. States parties should provide transparent rules on the scale, scope
and nature of allowable transactions in tenure rights and should define what constitutes largescale
transactions in tenure rights in their national contexts.41
29. States parties should have safeguards and policies in place to protect legitimate tenure
rights from risks that could derive from large-scale transactions in tenure rights. Large-scale
land investments risk violating rights under the Covenant because they often affect many
smallholders, whose informal land use titles are often not recognized.42 Such safeguards
could include ceilings on permissible land transactions and the requirement that transfers
exceeding a certain level should be approved at the highest level of Government or by the
national parliament. States should consider the promotion of a range of production and
investment models that do not result in large-scale displacements from land, including
models encouraging partnerships with local tenure rights holders.
30. The obligation to protect entails a positive duty to take legislative and other measures
to provide clear standards for non-State actors such as business entities and private investors,
especially in the context of large-scale land acquisitions and leases at home and abroad.43
States parties shall adopt a legal framework requiring business entities to exercise human
rights due diligence44 in order to identify, prevent and mitigate the negative impact on rights
enshrined in the Covenant caused by their decisions and operations.
38 Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991), para. 8 (a).
39 Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009), para. 36. See
also Inter-American Court of Human Rights, Xákmok Kásek Indigenous Community v. Paraguay,
Judgment, 24 August 2010, para. 86, and Sawhoyamaxa Indigenous Community v. Paraguay, para.
118; African Commission on Human and Peoples’ Rights, Centre for Minority Rights Development
(Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya, paras. 252–
268; and African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’
Rights v. Republic of Kenya, paras. 195–201.
40 African Commission on Human and Peoples’ Rights, “State reporting guidelines and principles on
articles 21 and 24 of the African Charter relating to extractive industries, human rights and the
environment”, p. 25, para. 18.
41 African Union, African Development Bank and Economic Commission for Africa, “Guiding
principles on large scale land-based investments in Africa” (Addis Ababa, 2014).
42 Ibid., chap. 2.
43 African Commission on Human and Peoples’ Rights, Social and Economic Rights Action Centre and
the Center for Economic and Social Rights v. Nigeria, Decision, thirtieth ordinary session, 13–27
October 2001.
44 African Union, African Development Bank and Economic Commission for Africa, “Guiding
principles on large scale land based investments in Africa”.
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10 GE.23-00043
31. In recent years, titling has been encouraged to protect land users from eviction by the
State and encroachment by private actors, particularly large landowners, and by investors.
That process, sometimes referred as “formalization”, consists of demarcating the land
effectively occupied and used by each land user (and generally recognized under customary
law), increasingly using digital techniques, and attributing a deed protecting land users from
expropriation, while at the same time enabling them to sell the land. The impact of titling has
been mixed. Clarification of property rights was intended to provide security of tenure, to
allow dwellers in informal settlements to be recognized as owners and to protect small
farmers from being evicted from their land. It was also justified by the need to establish a
market for land rights, allowing for more fluid transfer of property rights and a lowering of
transaction costs in those markets. Those two objectives may be contradictory since
commodification of property rights can be a source of exclusion and increase insecurity of
tenure. Therefore, States should adopt laws and policies to guarantee that titling programmes
are not implemented solely to support the sale of land and the commodification of land tenure.
If such laws or regulations are missing, titling of pre-existing, customary forms of tenure may
result in more conflicts rather than more clarity and may also result in less security rather
than improved security, with a negative impact on rights under the Covenant, in particular
the right to an adequate standard of living. States shall ensure that any titling process that
involves determining competing claims to land protects the rights of those most at risk of
marginalization and discrimination, while addressing historical injustices.
3. Obligation to fulfil
32. The obligation to fulfil requires that States adopt legislative, administrative, budgetary
and other measures and establish effective remedies aimed at the full enjoyment of the rights
under the Covenant relating to land, including the access to, use of and control over land.
States parties shall facilitate secure, equitable and sustainable access to, use of and control
over land for those who depend on land to realize their economic, social and cultural rights.
This is especially important for those who are landless or live in poverty, especially women
and those who are marginalized.45
33. Land registration and land administration shall be carried out without any
discrimination, including discrimination on the basis of a change of marital status, lack of
legal capacity and lack of access to economic resources. The legal recognition and allocation
of tenure rights to individuals shall be carried out systematically, without discrimination on
the basis of gender, family and community and in a way that ensures that those living in
poverty and other disadvantaged and marginalized individuals and groups have every
opportunity to acquire legal recognition of their current tenure rights. States parties should
identify all existing tenure rights and rights holders, not only those in written records. States
parties shall, through public rules, establish the definition of land user rights that are
legitimate, in line with all the relevant Covenant provisions and with the definitions contained
in the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and
Forests in the Context of National Food Security.
34. Land administration shall be based on accessible and non-discriminatory services
implemented by accountable agencies whose actions are reviewed by judicial bodies. Such
services should be accessible and provided promptly and effectively. Disadvantaged and
marginalized individuals and groups shall be supported in using those services and their
access to justice shall be guaranteed. Such support should cover legal assistance, including
affordable legal aid, particularly for those living in very remote areas. States parties should
prevent corruption regarding tenure administration and tenure transfers by adopting and
enforcing anti-corruption measures addressing, inter alia, conflicts of interests.
35. States parties shall also recognize the social, cultural, spiritual, economic,
environmental and political value of land for communities with customary tenure systems
and shall respect existing forms of self-governance of land. Traditional institutions for
collective tenure systems shall ensure the meaningful participation of all members, including
45 African Commission on Human and Peoples’ Rights, “State reporting guidelines and principles on
articles 21 and 24 of the African Charter relating to extractive industries, human rights and the
environment”, pp. 12–13, sect. III (g)–(h).
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GE.23-00043 11
women and young people, in decisions regarding the distribution of user rights. Ensuring
access to natural resources cannot be limited to the protections granted to the lands and
territories of Indigenous Peoples. Other groups depend on the commons, in other words,
global public goods. Fisherfolk need access to fishing grounds, yet strengthening individual
property rights might entail fencing off the land that gives them access to the sea or to rivers.
Pastoralists also form a particularly important group in sub-Saharan Africa, where almost
half of the world’s 120 million pastoralists or agropastoralists reside. In addition, throughout
the developing world, many peasants and rural households still depend on gathering firewood
for cooking and heating, and on commonly owned wells or water sources for their access to
water. The formalization of property rights and the establishment of land registries should
not worsen the situation of any of those groups, as cutting them off from the resources on
which they depend would threaten their livelihoods.
36. Agrarian reform is an important measure to fulfil rights enshrined in the Covenant
relating to land.46 More equitable distribution of land through agrarian reform can have a
significant impact on poverty reduction47 and can contribute to social inclusion and economic
empowerment. 48 It improves food security, since it makes food more available and
affordable, providing a buffer against external shocks.49 Land distribution schemes should
also support small, family-owned farms, which often use the land in a more sustainable way
and contribute to rural development owing to their labour intensity. However, land
redistribution schemes should ensure that the beneficiaries receive proper support to enhance
their capacity to use land productively and to engage in sustainable agricultural practices in
order to maintain the productivity of the land. Policy options to support the economic success
of family farmers should include education on access to credits, help in using marketing
opportunities and the pooling of machines. Policies should be formulated in a way that
enables beneficiaries to benefit from the land they acquire and avoids incentives to sell the
land to support their minimum needs. Redistribution of land and agrarian reforms should
focus particularly on the access to land of young people, women, communities facing racial
and descent-based discrimination and others belonging to marginalized groups, and should
respect and protect the collective and customary tenure of land.
37. States shall use the maximum available resources to progressively realize the rights
under the Covenant relating to accessing productive resources, particularly to assist
individuals and groups to access an adequate standard of living. Article 11 (2) (a) of the
Covenant imposes on States parties the obligation to improve methods of production,
conservation and distribution of food by developing or reforming agrarian systems in such a
way as to achieve the most efficient development and utilization of natural resources. That
implies that States have a duty to support agrarian reform schemes that ensure adequate
access to land, particularly for small-scale peasants who depend on access to land for their
livelihoods. 50 Policies and laws should be accompanied by adequate, gender-sensitive
support measures, developed through participatory processes, and should aim to make
agrarian reforms sustainable. Such policies and laws should include adequate safeguards
46 On the importance of agrarian reform, see the Final Declaration adopted at the International
Conference on Agrarian Reform and Rural Development of FAO, held in Porto Alegre, Brazil, in
2006 (ICARRD 2006/3), in which member States agreed on the principle of the “establishment of
appropriate agrarian reform mainly in areas with strong social disparities, poverty and food insecurity,
as a means to broaden sustainable access to and control over land and related resources”.
47 M.R. El-Ghonemy, “Land reform development challenges of 1963–2003 continue into the twentyfirst
century”, Land Reform, Land Settlement and Cooperatives, vol. 2 (2003); and Veronika
Penciakova, “Market-led agrarian reform: a beneficiary perspective of Cédula da Terra”, Working
Paper Series No. 10–100 (London, London School of Economics and Political Science, 2010).
48 Julian Quan, “Land access in the 21st century: issues, trends, linkages and policy options”, Livelihood
Support Programme Working Paper No. 24 (Rome, FAO, 2006).
49 M.R. Carter, “Designing land and property rights reform for poverty alleviation and food security’,
Land Reform, Land Settlement and Cooperatives, vol. 2 (2003).
50 Research has highlighted an inverse relationship between the size of production units and productivity
per hectare. See, for example, Robert Eastwood, Michael Lipton and Andrew Newell, “Farm size”, in
Handbook of Agricultural Economics, vol. 4, Prabhu L. Pingali and Robert E. Evenson, eds.
(Amsterdam, Elsevier, 2010).
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12 GE.23-00043
against land reconcentration following reform, such as land ceiling laws and legal safeguards
to protect the collective and customary tenure of land.
38. States parties should engage in long-term regional planning to maintain the
environmental functions of land. They should prioritize and support land uses with a human
rights-based approach to conservation, biodiversity and the sustainable use of land and other
natural resources. 51 They should also, inter alia, facilitate the sustainable use of natural
resources by recognizing, protecting and promoting traditional uses of land, adopting policies
and measures to strengthen people’s livelihoods based on natural resources and the long-term
conservation of land. That includes specific measures to support communities and people to
prevent, mitigate and adapt to the consequences of global warming. States should create the
conditions for regeneration of biological and other natural capacities and cycles and
cooperate with local communities, investors and others to ensure that land use for agricultural
and other purposes respects the environment and does not accelerate soil depletion and the
exhaustion of water reserves.52
39. States parties shall put in place laws and policies that allow for the recognition of
informal tenure through participatory, gender-sensitive processes, paying particular attention
to tenant farmers, peasants and other small-scale food producers.
D. Extraterritorial obligations
40. Extraterritorial obligations are of particular significance to the implementation of
obligations arising from the Covenant relating to access to, use of and control over land. Land
transfers are quite often financed or fostered by international entities, including public
investors such as development banks financing development projects requiring land, such as
dams or renewable energy parks, or by private investors. In reviews of State party reports,
the Committee has encountered an increasing number of references to the negative impact on
individuals’, groups’, peasants’ and Indigenous Peoples’ access to productive resources as a
result of international investment negotiations, agreements and practices, including in the
form of public-private partnerships between State agencies and foreign private investors.
1. Extraterritorial obligation to respect
41. The extraterritorial obligation to respect requires States parties to refrain from actions
that interfere, directly or indirectly, with the enjoyment of the rights under the Covenant in
land-related contexts outside their territories. It also requires them to take specific measures
to prevent their domestic and international policies and actions, such as trade, investment,
energy, agricultural, development and climate change-mitigation policies, from interfering,
directly or indirectly, with the enjoyment of human rights.53 That applies to all forms of
projects implemented by development agencies or financed by development banks. The
safeguards developed by the World Bank and other international development banks are a
form of recognition of that obligation, particularly relating to investments in land.54 In the
wake of the world food crisis in 2007–2008, the number of large-scale investments in land
has increased worldwide, causing a variety of problems for persons living on or using the
land, including forced or involuntary evictions without adequate compensation. In order to
mitigate or prevent such situations, the Voluntary Guidelines to Support the Progressive
Realization of the Right to Adequate Food in the Context of National Food Security were
developed. Furthermore, the International Finance Corporation performance standards and
51 Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the
Context of National Food Security, guideline 8B.
52 A/HRC/13/33/Add.2, annex, principle 6.
53 See E/C.12/BEL/CO/4, E/C.12/AUT/CO/4 and E/C.12/NOR/CO/5; Committee on the Elimination of
Discrimination against Women, general recommendation No. 34 (2016), para. 13; A/56/10 and
A/56/10/Corr.1, pp. 155–168 (on arts. 16–18); and guiding principles on human rights impact
assessments of trade and investment agreements.
54 Michael Windfuhr, Safeguarding Human Rights in Land Related Investments: Comparison of the
Voluntary Guidelines Land with the IFC Performance Standards and the World Bank Environmental
and Social Safeguard Framework (Berlin, German Institute for Human Rights, 2017).
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GE.23-00043 13
the respective World Bank safeguards were updated. Moreover, States parties that are
members of international financial institutions, notably the World Bank, the International
Fund for Agricultural Development and regional development banks, should take steps to
ensure that their lending policies and other practices do not impair the enjoyment of the rights
enshrined in the Covenant relating to land.
2. Extraterritorial obligation to protect
42. The extraterritorial obligation to protect requires States parties to establish the
necessary regulatory mechanisms to ensure that business entities, including transnational
corporations, and other non-State actors that they are in a position to regulate do not impair
the enjoyment of rights under the Covenant in land-related contexts in other countries. Thus,
States parties shall take the necessary steps to prevent human rights violations abroad in landrelated
contexts by non-State actors over which they can exercise influence, without
infringing on the sovereignty or diminishing the obligations of the host States.55
43. In the context of land acquisitions and other business activities that have an impact on
the enjoyment of access to productive resources, including land, States parties shall ensure
that investors domiciled in other countries and investing in farmland overseas do not deprive
individuals or communities of access to the land or land-associated resources on which they
depend for their livelihoods. That may imply imposing a due diligence obligation on investors
to ensure that they do not acquire or lease land in a way that violates international norms and
guidelines.56
44. States parties that promote or carry out land-related investments abroad, including
through partially or fully State-owned or State-controlled companies, including sovereign
wealth funds, public pension funds and private-public partnerships,57 should ensure that they
do not reduce the ability of other States to comply with their obligations arising from the
Covenant. States parties shall conduct human rights impact assessments prior to making such
investments and shall regularly assess and revise them. Such assessments shall be conducted
with substantive public participation and the results shall be made public and shall inform
measures to prevent, cease and remedy any human rights violations or abuses.58
45. States parties shall ensure that the elaboration, conclusion, interpretation and
implementation of international agreements, including but not limited to the areas of trade,
investment, finance, development cooperation and climate change, are consistent with their
obligations under the Covenant and do not have an adverse effect on access to productive
resources in other countries.59
3. Extraterritorial obligation to fulfil
46. States should take steps through international assistance and cooperation under article
2 (1) of the Covenant with a view to progressively achieving the full realization of rights
under the Covenant relating to land, which would also benefit peoples and communities
outside their territories. Support should include technical cooperation, financial assistance
and institutional capacity-building for, inter alia, land administration, knowledge-sharing and
assistance in developing national tenure policies, as well as the transfer of relevant
technology.
55 E/C.12/2011/1, paras. 5–6.
56 Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017), para. 33.
57 Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the
Context of National Food Security, para. 12.15.
58 See E/C.12/NOR/CO/5; A/HRC/13/33/Add.2; Human Rights Committee, general comment No. 34
(2011), paras. 18–19; and European Court of Human Rights, Társáság a Szabadságjogokért v.
Hungary, Application No. 37374/05, Judgment, 14 April 2009, paras. 26 and 35.
59 Committee on Economic, Social and Cultural Rights, general comments No. 3 (1990), para. 2; No. 15
(2002), para. 35; No. 22 (2016), para. 31; and No. 24 (2017), paras. 12–13; E/C.12/CAN/CO/6;
Committee on the Elimination of Discrimination against Women, general recommendation No. 34
(2016); European Court of Human Rights, Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi
v. Ireland, Application No. 45036/98, Judgment, 30 June 2005, para. 154; and Inter-American Court
of Human Rights, Sawhoyamaxa Indigenous Community v. Paraguay, para. 140.
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14 GE.23-00043
47. International cooperation and assistance should be focused on supporting national
policies to secure access to land tenure for those whose legitimate user rights have not been
recognized. Policies should avoid leading to land concentration or commodification of land
and should be aimed at improving the access of disadvantaged and marginalized individuals
and groups and increasing their security of tenure. Adequate safeguard policies shall be in
place, and persons and groups affected by measures of international cooperation and
assistance shall have access to independent complaint mechanisms. International cooperation
and assistance can facilitate efforts to ensure that land policies are sustainable and are or will
become an integral part of official land use planning and States’ broader spatial planning.
IV. Specific issues of relevance to the implementation of rights
enshrined in the Covenant in land-related contexts
A. Internal armed conflicts and post-conflict situations
48. There are links between internal armed conflicts, land and the enjoyment of rights
enshrined in the Covenant. Sometimes, land conflicts, especially those relating to structural
unequal distribution of land tenure coming, for example, from colonial or apartheid systems,
can be one of the root causes or a trigger of the conflict. In other cases, the conflicts may lead
to forced displacements, land grabbing and land dispossession, especially for populations in
vulnerable situations, such as peasants, Indigenous Peoples, ethnic minorities and women. It
is noteworthy that addressing land disputes and conflicts might be a key to building resilience
and sustaining peace.60 Thus, States should make every effort to prevent land dispossession
during internal armed conflicts. If dispossessions do nevertheless occur, States are obliged to
establish restitution programmes to guarantee to all internally displaced persons the right to
have restored to them any land of which they were arbitrarily or unlawfully deprived.61 States
should also address all those land conflicts that might trigger the re-emergence of an armed
conflict.
49. Preventive measures to avoid land dispossession during armed conflict should include
at least the following: (a) the establishment of mechanisms for the protection of land tenure
for populations in vulnerable situations; (b) the coordination of humanitarian assistance and
the implementation of international humanitarian law with measures to prevent land
dispossession; (c) the inclusion in information systems of all those estates at risk of
dispossession, not only to prevent dispossession but also to facilitate future land restitution;
and (d) the possibility of freezing the land market in regions in which the risks of internal
displacement and land dispossession are high. All such preventive measures should protect
not only property, but all forms of land tenure, including customary tenure, as those at higher
risk of being dispossessed of their land may not be the formal owners of it.
50. Land restitution programmes shall include measures to guarantee the right of refugees
and internally displaced persons to a voluntary return to their former lands or places of
habitual residence, in safety and dignity. If restitution is not possible, States should develop
adequate compensation mechanisms.62 States shall establish and support equitable, timely,
independent, transparent and non-discriminatory procedures, institutions and mechanisms to
assess and enforce all land restitution claims. They should cover not only property rights but
all forms of land tenure, especially when they are linked to the enjoyment of rights under the
Covenant. Special attention should be paid to dealing adequately with “secondary
occupants”, who are mostly good faith purchasers, and persons in a vulnerable situation who
occupy land after the legitimate tenants have fled owing to armed conflict. In particular, due
process shall be guaranteed to secondary occupants; if their eviction is necessary, it shall be
implemented with genuine consultation and States shall, if necessary, provide them with
60 See the guidance note of the Secretary-General entitled “The United Nations and Land and Conflict”,
issued in March 2019.
61 See the principles on housing and property restitution for refugees and displaced persons, endorsed by
the Sub-Commission on the Protection and Promotion of Human Rights (E/CN.4/Sub.2/2005/17).
62 Ibid.
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GE.23-00043 15
alternative accommodation and social services to guarantee them an adequate standard of
living.
51. In many post-conflict situations, land restitution programmes, even if successful,
might be insufficient to prevent new conflicts and to guarantee rights under the Covenant to
refugees and internally displaced persons, as such populations were often living in poverty
and excluded from land rights before the conflict. In these circumstances, land restitution or
compensation alone are insufficient as they would not lift refugees and internally displaced
persons out of poverty or reduce social and gender inequality in land tenure. In such contexts,
reparations for victims of internal displacement or violence should go beyond restitution.
They should be transformative reparations,63 in the sense that they should include policies
and measures aimed at reducing inequality and improving those persons’ standard of living.
Specific measures should be taken to improve gender equality in land tenure, for instance, by
giving preference to women when granting land rights. In addition, States should make
efforts to ensure that land restitution programmes include rural reform policies that involve
technical, financial and educational support for beneficiaries.
B. Corruption
52. Land administration is one of the areas in which corruption can be most pervasive.
Corruption occurs and has a negative impact in the demarcation of land and in the rolling out
of titling schemes; in the design of land use schemes and the identification of land as
“underutilized” or “vacant”; in the use of “public purpose” or “eminent domain” provisions
to justify expropriation from land; and in the selling or leasing out of land to investors by
Governments.
53. States shall build up proper accountability mechanisms to prevent corruption
concerning all relevant land policies and should endeavour to prevent corruption in all forms,
at all levels and in all settings.64 States should regularly review and monitor policy, legal and
organizational frameworks to maintain their effectiveness. Implementing agencies and
judicial authorities should engage with civil society, user representatives and the wider public
to improve services and endeavour to prevent corruption through transparent processes and
decision-making.65 States should do so particularly through consultation, participation and
respect for the rule of law and the principles of transparency and accountability.66
C. Human rights defenders
54. The situation of human rights defenders is particularly difficult in conflicts over
land.67 The Committee has regularly received reports of threats and attacks aimed at those
seeking to protect their rights under the Covenant or those of others, often in the form of
harassment, criminalization, defamation and killings, particularly in the context of extractive
63 Rodrigo Uprimny Yepes, “Transformative reparations of massive gross human rights violations:
between corrective and distributive justice”, Netherlands Quarterly of Human Rights, vol. 27, No. 4
(2009).
64 Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the
Context of National Food Security, para. 3.1 (5).
65 Ibid., para. 5.8.
66 The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in
the Context of National Food Security include recommendations specific to all components of land
governance, such as recording of land rights, valuation of land and adoption of land planning
schemes. Similarly, the Principles for Responsible Investment in Agriculture and Food Systems refer
to the need to respect “the rule and application of law, free of corruption” (principle 9) and to the
United Nations Convention against Corruption as relevant for the implementation of the principles.
67 See Human Rights Council resolution 31/32 on protecting human rights defenders, whether
individuals, groups or organs of society, addressing economic, social and cultural rights; and the
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote
and Protect Universally Recognized Human Rights and Fundamental Freedoms.
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16 GE.23-00043
and development projects.68 In the context of land, many human rights defenders are also
defenders of the environmental functions of land and of the sustainability of land use as a
precondition for respecting human rights in the future. In accordance with the Declaration on
the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and
Protect Universally Recognized Human Rights and Fundamental Freedoms, States shall take
all measures necessary to respect human rights defenders and their work, including in relation
to land issues, and to refrain from imposing criminal penalties on them or enacting new
criminal offences with the aim of hindering their work.
55. The specific measures that States should adopt to safeguard the work of human rights
defenders in relation to land are dependent on national circumstances. However, the
following measures are of crucial importance: (a) public recognition, by the highest level of
Government, of the importance and legitimacy of the work of human rights defenders and a
commitment that no violence or threats against them will be tolerated; (b) repeal of any State
legislation or any measures that are intended to penalize or obstruct the work of human rights
defenders; (c) strengthening of State institutions responsible for safeguarding the work of
human rights defenders; (d) investigation and punishment of any form of violence or threat
against human rights defenders; and (e) adoption and implementation of programmes, in
consultation with potential beneficiaries, that are well resourced and have inbuilt
coordination mechanisms that ensure that adequate protection measures are provided to
human rights defenders at risk whenever necessary.69
D. Climate change
56. The impact of climate change on access to land, affecting user rights, is severe in
many countries. In coastal zones, sea level rise has an impact on housing, agriculture and
access to fisheries. Climate change also contributes to land degradation and desertification.
Rising temperatures, changing patterns of precipitation and the increasing frequency of
extreme weather events such as droughts and floods are increasingly affecting access to
land.70 States shall cooperate at the international level and comply with their duty to mitigate
emissions and their respective commitments made in the context of the implementation of
the Paris Agreement. States have these duties also under human rights law, as the Committee
has highlighted previously. 71 Moreover, States shall avoid adopting policies to mitigate
climate change, such as carbon sequestration through massive reforestation or protection of
existing forests, that lead to different forms of land grabbing, especially when they affect the
land and territories of populations in vulnerable situations, such as peasants or Indigenous
Peoples. Mitigation policies should lead to absolute emissions reductions through the phasing
out of fossil fuel production and use.
57. States have an obligation to design climate change adaptation policies at the national
level that take into consideration all forms of land use change induced by climate change, to
register all affected persons and to use the maximum available resources to address the impact
of climate change, particularly on disadvantaged groups.
58. Climate change affects all countries, including those that may have contributed to it
the least. Thus, those countries that have historically contributed most to climate change and
those that are currently the main contributors to it shall assist the countries that are most
affected by climate change but are least able to cope with its impact, including by supporting
and financing land-related adaptation measures. Cooperation mechanisms for climate change
mitigation and adaptation measures shall provide and implement a robust set of
environmental and social safeguards to ensure that no project negatively affects human rights
and the environment and to guarantee access to information and meaningful consultation with
68 For example, E/C.12/VNM/CO/2-4, para. 11, E/C.12/1/Add.44, para. 19, E/C.12/IND/CO/5, paras. 12
and 50, E/C.12/PHIL/CO/4, para. 15, E/C.12/COD/CO/4, para. 12, E/C.12/LKA/CO/2-4, para. 10,
and E/C.12/IDN/CO/1, para. 28.
69 E/C.12/2016/2, para. 8.
70 See Intergovernmental Panel on Climate Change, “Climate Change and Land: summary for
Policymakers” (2019).
71 See HRI/2019/1.
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GE.23-00043 17
those affected by such projects. They shall also respect the free, prior and informed consent
of Indigenous Peoples.72
V. Implementation and remedies
59. States should ensure that individuals and groups are able to receive and impart
information relevant to the enjoyment of land-related rights under the Covenant. States shall
regularly monitor the implementation of tenure systems and all policies, laws and measures
that affect the realization of rights enshrined in the Covenant in land-related contexts.
Monitoring processes should rely on qualitative and disaggregated quantitative data collected
by local communities and others, be inclusive and participatory, and pay particular attention
to disadvantaged and marginalized individuals and groups. In countries where collective and
customary tenure of land by rural communities is in place, monitoring should include
participatory mechanisms to monitor the impact of specific policies on access to land for
people living in the relevant communities.
60. States parties should ensure that they have administrative and judicial systems in place
to effectively implement policy and legal frameworks relating to land, and that their
administrative and judicial authorities act in accordance with the State’s obligations under
the Covenant. That includes taking measures to provide non-discriminatory, prompt and
accessible services to all rights holders in order to protect tenure rights and to promote and
facilitate the enjoyment of those rights, including in remote rural areas.73 Access to justice is
key: States parties shall guarantee that even in remote areas, it is accessible and affordable,
particularly for disadvantaged and marginalized individuals and groups. Judicial remedies
shall also be tailored to the conditions of rural areas and suited to the needs of victims of
violations, giving them access to all relevant information and adequate redress and
compensation, including, when appropriate, restitution of land and return of refugees and
internally displaced persons. As highlighted in article 28 of the United Nations Declaration
on the Rights of Indigenous Peoples, restitution of land is often the primary remedy for
Indigenous Peoples.74 Access to justice shall include access to procedures to address the
impact of business activities, not only in the countries where they are domiciled but also
where the violations have been caused.75
61. States parties shall build the capacity of their administrative and judicial authorities to
ensure access to timely, affordable and effective means of resolving disputes over tenure
rights through impartial and competent judicial and administrative bodies, particularly in
remote rural areas.76 States parties should recognize and cooperate with customary and other
established forms of dispute settlement where they exist, ensuring that they provide fair,
reliable, accessible and non-discriminatory ways of promptly resolving disputes over tenure
rights, in accordance with human rights.77 For land, fisheries and forests that are used by more
than one community, means of resolving conflict between communities should be
strengthened or developed.78 The respect for and protection and guarantee of secure and
equitable access to, use of and control over land are preconditions for the enjoyment of many
of the rights enshrined in the Covenant. Effective remedies are crucial for their realization.
72 In order to ensure coherence, the safeguards should be in line with the practice of the Green Climate
Fund and those included in the Environmental and Social Policy of the Adaptation Fund established
under the Kyoto Protocol to the United Nations Framework Convention on Climate Change.
73 Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the
Context of National Food Security, paras. 6.2 and 6.4.
74 Inter-American Court of Human Rights, Yakye Axa Indigenous Community vs Paraguay, paras. 146–
148.
75 Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017), paras. 49–57.
76 Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the
Context of National Food Security, para. 21.1.
77 Ibid., para. 21.3.
78 Ibid., para. 9.11.
PART VIII (D): General comments, recommendations and statements by United Nations human rights treaty bodies