* Adopted by the Committee at its eighty-sixth session (9–27 October 2023).

Concluding observations on the tenth periodic report of Uruguay *

1.The Committee considered the tenth periodic report of Uruguay (CEDAW/C/ URY/10), submitted under the simplified reporting procedure, at its 2017th and 2018th meetings (see CEDAW/C/SR.2017 and CEDAW/C/SR.2018), held on 20 October 2023.

A.Introduction

2.The Committee appreciates the submission by the State party of its tenth periodic report, which was prepared in response to the list of issues and questions prior to reporting (CEDAW/C/URY/QPR/10). It also appreciates the State party’s follow-up report to the previous concluding observations of the Committee (CEDAW/C/URY/CO/8-9/Add.1). It welcomes the oral presentation by the delegation and the further clarifications provided in response to the questions posed orally by the Committee during the dialogue.

3.The Committee commends the State party on its high-level delegation, which was co-headed by the Vice-Minister for Foreign Affairs, Nicolás Albertoni, and the Vice-Minister of Education and Culture, Ana Ribeiro, and included the Director of the National Institute for Women, Mónica Bottero, members of Parliament, members of the judiciary, and representatives of the Ministry of Foreign Affairs, the Ministry of Defence, the Ministry of Social Development, the Ministry of Agriculture, Livestock and Fisheries, the Ministry of Industry, Mining and Energy, the Ministry of the Interior, the Ministry of Labour and Social Security, the Attorney General’s Office, the National Public Education Administration, the Uruguayan Institute for Children and Adolescents, and the Permanent Mission of Uruguay to the United Nations Office and other international organizations in Geneva.

B.Positive aspects

4.The Committee welcomes the progress achieved since the consideration in 2016 of the State party’s combined eighth and ninth periodic reports (CEDAW/C/URY/ CO/8-9) in undertaking legislative reforms, in particular the adoption of the following:

(a)Act No. 19.973 on employment promotion, promoting the hiring of certain disadvantaged groups, including disadvantaged groups of women, by granting subsidies to companies, in 2021;

(b)Act No. 19.846 on equality and non-discrimination between women and men, including formal equality, substantive equality and equality of recognition, in 2019;

(c)Act No. 19.643 on preventing and combating trafficking in persons, in 2018;

(d)Act No. 19.684 on comprehensive protection for transgender persons, in 2018;

(e)Act No. 19.580 on gender-based violence against women, in 2017;

(f)Act No. 19.555 on the equitable participation of persons of both sexes in the membership of national and departmental elected bodies and in political party leadership, in 2017;

(g)Act No. 19.538 on acts of discrimination and femicide, amending articles 311 and 312 of the Criminal Code, in 2017;

(h)Act No. 19.549 on prohibiting extrajudicial mediation in cases of sexual and gender-based violence, in 2017;

(i)Act No. 19.353 on the creation of the integrated national care system, in 2015.

5.The Committee welcomes the State party’s efforts to improve its institutional and policy framework aimed at accelerating the elimination of discrimination against women and promoting gender equality, such as the adoption and establishment of the following:

(a)National Action Plan on Women and Peace and Security, in 2022;

(b)National Gender Plan in Agricultural Policies, in 2021;

(c)2030 National Gender Equality Strategy, in 2018;

(d)Observatory on Gender-based Violence against Women, in 2017.

6.The Committee welcomes the fact that, in the period since the consideration of the previous report, the State party has ratified or acceded to the following international and regional instruments:

(a)Violence and Harassment Convention, 2019 (No. 190), of the International Labour Organization, in 2020;

(b)Protocol additional to the Ibero-American Convention on the Rights of Youth, indicating the need to mainstream a gender perspective into all public policies, in 2019;

(c)Inter-American Convention against All Forms of Discrimination and Intolerance, in 2018.

C.Sustainable Development Goals

7. The Committee welcomes the international support for the Sustainable Development Goals and calls for the realization of de jure (legal) and de facto (substantive) gender equality, in accordance with the provisions of the Convention, throughout the process of implementing the 2030 Agenda for Sustainable Development. The Committee recalls the importance of Goal 5 and of the mainstreaming of the principles of equality and non-discrimination throughout all 17 Goals. It urges the State party to recognize women as the driving force of the sustainable development of the State party and to adopt relevant policies and strategies to that effect.

D.Parliament

8. The Committee stresses the crucial role of the legislative power in ensuring the full implementation of the Convention (see A/65/38 , part two, annex VI). It invites the General Assembly of Uruguay, in line with its mandate, to take the necessary steps regarding the implementation of the present concluding observations between now and the submission of the next periodic report under the Convention.

E.Principal areas of concern and recommendations

Definition of equality and non-discrimination

9.The Committee notes the adoption by the State party of Act No. 19.846 on equality and non-discrimination between women and men. However, it notes with concern the limited implementation of laws and policies in place to address intersecting forms of discrimination against women, in particular women affected by poverty, Indigenous women, women of African descent, women with disabilities, migrant women and lesbian, bisexual, transgender and intersex women.

10. The Committee recommends that the State party effectively implement legislation that prohibits discrimination against women, covering direct and indirect discrimination in the public and private spheres, and intersecting forms of discrimination, in line with articles 1 and 2 of the Convention, the Committee’s general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention and target 5.1 of the Sustainable Development Goals to end all forms of discrimination against all women and girls everywhere.

Access to justice

11.The Committee welcomes the efforts of the State party to strengthen access to justice for women who are victims of gender-based violence, including a 24-hour gender-based violence helpline and the establishment of specialized courts on family law in Montevideo and specialized courts on gender-based, domestic and sexual violence in San Carlos and Salto. Additionally, it notes information provided by the delegation that new specialized courts on gender-based violence against women will be established in Rivera. The Committee notes with concern, however:

(a)The insufficient resource allocation for the justice system, given the limited number of public prosecutors’ offices specialized in sexual, domestic and other forms of gender-based violence and the low number of experts working in the support and protection unit for victims and witnesses across the State party;

(b)The long delays in establishing courts specializing in cases involving gender-based violence, including domestic and sexual violence, especially in rural and remote areas, as provided for by Act No. 19.580;

(c)The limited access to free legal aid for women without sufficient means, given the lack of capacity and funding of the Public Defender’s Office and the National Institute for Women;

(d)The lack of mandatory capacity-building programmes for judicial officers, prosecutors, public defenders, lawyers, police officers and other law enforcement officials, and the limited information available on the implementation of the protocol on good practices in protection proceedings.

12. The Committee, in line with its general recommendation No. 33 (2015) on women’s access to justice, recommends that the State party:

(a) Strengthen the judicial system, including through the allocation of additional human, technical and financial resources, in particular in rural and remote areas, to enable all women to exercise their rights and to provide procedural accommodations for women with disabilities;

(b) Establish without delay specialized courts for cases of gender-based violence throughout the State party, ensuring that these are well resourced and accessible and that women have access to information on the legal remedies available to them;

(c) Expand and adequately fund public legal aid services to ensure free legal aid to women without sufficient means for criminal, civil and administrative proceedings relating to gender-based violence and discrimination against women, and strengthen the capacity of the Public Defender’s Office and the National Institute for Women for this purpose;

(d) Ensure systematic and mandatory capacity-building for judges, prosecutors, public defenders, lawyers, police officers and other law enforcement officials on women’s rights and gender equality and on the protocol on good practices in protection proceedings, to eliminate gender bias in the courts and ensure accountability for judges who discriminate against women.

Women and peace and security

13.The Committee welcomes the conversion of the twenty-fifth Office of the Criminal Prosecutor of Montevideo into the Office of the Special Prosecutor for Crimes against Humanity, as well as the efforts by the State party to prosecute perpetrators in a case concerning the crimes of sexual abuse and torture committed against 28 women between 1972 and 1983. However, the Committee regrets the slow pace of prosecutions and low number of convictions in this case, which results in pervasive impunity. The Committee notes that in 2022, the Inter-American Court of Human Rights ruled in Maidanik et al. v. Uruguay, a case involving extrajudicial executions and forced disappearances, that compensation and reparations be distributed among the heirs of the victims.

14. Recalling the Committee’s general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations, the Committee recommends that the State party strengthen the reparations processes and prevent the revictimization of women survivors of conflict-related gender-based violence, including by:

(a) Ensuring that cases of torture and sexual violence committed against women during the de facto regime, including those amounting to crimes against humanity under international law, are promptly investigated, prosecuted and punished, and that redress is provided to the survivors;

(b) Ensuring that the Office of the Special Prosecutor for Crimes against Humanity and the Special Reparations Commission have adequate human, technical and financial resources to perform their work effectively;

(c)Ensuring that all victims and their family members in the case of Maidanik et al. v. Uruguay receive comprehensive reparations in line with international human rights standards.

National machinery for the advancement of women

15.The Committee welcomes the work undertaken by the National Institute for Women to lead efforts within the Government to promote women’s rights and gender equality in the State party. Moreover, it commends the State party for the creation of the Observatory for Gender-based Violence against Women and a competitive grant fund for gender equality, and for the establishment of specialized gender units in various State institutions. While the Committee notes the information provided during the dialogue on a proposal for the creation of a women’s secretariat of the Office of the President, it remains concerned about:

(a)The limited autonomy of the National Institute for Women, as observed by the Committee in its previous concluding observations (CEDAW/C/URY/CO/8-9, para. 15), given that the Institute continues to be under the Ministry of Social Development despite being an implementing unit as from 2021;

(b)The insufficient human, technical and financial resources allocated to the National Institute for Women for it to effectively carry out its mandate;

(c)The removal of the department of women of African descent from the National Institute for Women, which deprioritizes the design of strategies and programmes focused on women of African descent;

(d)The limited collaboration between entities of the national machinery for the advancement of women and women’s civil society organizations of different political backgrounds;

(e)The fact that gender-responsive budgeting has not been explicitly integrated into all chapters of the State budget;

(f)The fact that only 56 per cent of specialized gender units have a dedicated budget.

16. Recalling its previous recommendation (see CEDAW/C/URY/8-9 , para. 16), the Committee recommends that the State party:

(a) Upgrade the rank of the National Institute for Women to the ministerial level and allocate adequate human, technical and financial resources for it to effectively coordinate all public policies and strategies for the advancement of women and gender equality;

(b) Consider the reinstatement of the department of women of African descent within the National Institute for Women, with a view to ensuring that there is an intersectional gender perspective in policies and programmes relating to people of African descent for the advancement of women of African descent;

(c) Ensure meaningful cooperation among the different entities of the national machinery for the advancement of women, regional and local authorities, and women’s civil society organizations of different political backgrounds, including those representing Indigenous women, women of African descent, women with disabilities and lesbian, bisexual, transgender and intersex women, in the adoption and implementation of public policies and programmes for the advancement of women, as well as in the preparation of reports to international and regional human rights mechanisms;

(d) Explicitly integrate mandatory gender-responsive budgeting into all chapters of the State budget and include effective monitoring and accountability mechanisms across all sectors and levels of government;

(e) Strengthen the authority, mandate and capacity of specialized gender units by allocating adequate human, technical and financial resources, and ensure that specialized gender units are established in the remaining State institutions, such as the Ministry of Public Health and the National Public Education Administration.

Temporary special measures

17.The Committee commends the State party for the adoption of Act No. 19.846 on equality and non-discrimination between women and men, which outlines the need to take temporary special measures to accelerate the achievement of substantive equality between women and men. It notes that special scholarships are available for students of African descent. Nevertheless, the Committee notes with concern information received indicating that the quota established in Act No. 19.122 to allocate 8 per cent of public sector jobs to people of African descent has not been met. It also notes with concern:

(a)The fact that the State party has taken special measures to increase the participation of people of African descent in education and employment, without placing a particular focus on women;

(b)The limited understanding among State party officials of temporary special measures, as defined in article 4 (1) of the Convention and in the Committee’s general recommendation No. 25 (2004) on temporary special measures, and of their application in practice;

(c)The limited use of such measures in areas where women are underrepresented or disadvantaged, such as political and public life, education and employment, in particular women of African descent, Indigenous women, rural women, women with disabilities, migrant women and lesbian, bisexual, transgender and intersex women.

18. In line with article 4 (1) of the Convention and the Committee’s general recommendation No. 25 (2004) on temporary special measures, the Committee recommends that the State party:

(a) Adopt temporary special measures and establish time-bound targets to accelerate the achievement of substantive equality between women and men in all areas covered by the Convention where women, including women of African descent, Indigenous women, rural women, women with disabilities, migrant women, and lesbian, bisexual, transgender and intersex women, are underrepresented or disadvantaged, such as in political and public life, education and employment;

(b) Raise public awareness about non-discrimination and build the capacity of relevant public officials on the use of temporary special measures to achieve substantive equality between women and men;

(c) Systematically collect data on the impact of temporary special measures and include such data in its next periodic report.

Stereotypes and harmful practices

19.The Committee welcomes the measures taken by the State party to eliminate gender stereotypes, in particular the introduction of the “Caring with equality” seal in public and private early childhood centres, the Quality with Gender Equity Model in public institutions and private companies, and education campaigns on gender equality. However, it notes with concern the persistence of discriminatory gender stereotypes in the State party about the roles and responsibilities of women and men in the family and in society. The Committee also notes with concern the absence of a comprehensive strategy to address stereotypical portrayals of women – including women of African descent, Indigenous women, women with disabilities, women politicians, and lesbian, bisexual, transgender and intersex women – in the media, the education system and political and public discourse.

20. The Committee recommends that the State party:

(a) Strengthen its measures, including awareness-raising and education campaigns, throughout the State party, targeting political, Indigenous and religious leaders, teachers, girls and boys, and women and men, to eliminate discriminatory stereotypes regarding the roles and responsibilities of women and men in the family and in society;

(b) Design and implement a comprehensive strategy, with a dedicated budget and time-bound targets and objectives, aimed at eliminating discriminatory stereotypes of women in the media, the education system and political and public discourse;

(c) Adopt a regulatory framework to combat gender stereotyping in the media and advertising, including through a gender-specific code of ethics for media professionals that promotes positive images of women and girls.

Gender-based violence against women

21.The Committee welcomes the efforts made by the State party to prevent and address gender-based violence against women, such as the adoption of Act No. 19.580, the increase of 50 per cent in the budgetary resources allocated to the response system of the National Institute for Women, and the establishment of additional victim support services by the Institute. Furthermore, it commends the State party for implementing its second national survey on the prevalence of gender-based and generational violence. However, the Committee notes with concern:

(a)The prevalence of gender-based violence against women in the State party, including femicides and domestic and sexual violence, and the lack of gender-sensitive protocols for the investigation of gender-based killings, hate crimes and other forms of gender-based violence against lesbian, bisexual, transgender and intersex women;

(b)Insufficient budgetary allocations for the implementation of Act No.19.580;

(c)Reports that victim support services provided by the National Institute for Women cover only women above the age of 18 who are victims of gender-based violence, and that support services provided by the Uruguayan Institute for Children and Adolescents are limited to girls and adolescents who are victims of sexual abuse;

(d)The lack of capacity-building for the judiciary, police officers, other law enforcement officials and providers of victim support services under Act No. 19.580.

22. Recalling its general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19, and in line with target 5.2 of the Sustainable Developments Goals to eliminate all forms of violence against all women and girls in the public and private spheres, the Committee recommends that the State party:

(a) Maintain and further strengthen preventive measures, prosecute and adequately sentence perpetrators of gender-based violence against women and adopt gender-sensitive protocols for the investigation of femicides and other cases of gender-based violence against women;

(b) Further increase the human, technical and financial resources allocated for the implementation of Act No. 19.580 on gender-based violence against women;

(c) Expand the victim support services provided by the National Institute for Women and the Uruguayan Institute for Children and Adolescents to ensure the protection of all women and girls who are victims of gender-based violence, including by increasing the number of adequately funded shelters and local reception committees across the State party and by ensuring that victims have access to affordable and, if necessary, free legal assistance, forensic evidence, psychosocial counselling and rehabilitation programmes;

(d) Strengthen mandatory and continuous capacity-building for judicial officers, prosecutors, police officers, penitentiary officers and other law enforcement officials, health professionals and social workers on the strict application of Act No. 19.580, on the issuance, enforcement and monitoring of protection orders, on gender-sensitive investigation and interrogation procedures and on the provision of adequate victim support services.

Trafficking and exploitation of prostitution

23.The Committee notes the establishment of the National Council on Preventing and Combating Human Trafficking and Exploitation. However, the Committee notes with concern:

(a)The limited financial resources allocated to the implementation of Act No. 19.643 and to the National Council on Preventing and Combating Human Trafficking and Exploitation;

(b)The limited measures to prevent, prosecute and adequately punish perpetrators of trafficking in persons, in particular women and girls, for the purposes of sexual exploitation and forced labour in the State party, as well as the heightened risk of trafficking faced by women of African descent, transgender women, and migrant, refugee and asylum-seeking women in border areas;

(c)The limited access to support services, including shelters, for victims of trafficking;

(d)The limited implementation of a formal process for early identification of victims of trafficking and their referral to appropriate services.

24. Recalling its general recommendation No. 38 (2020) on trafficking in women and girls in the context of global migration, the Committee recommends that the State party:

(a) Allocate adequate human, technical and financial resources for the implementation of Act No. 19.643 and for the National Council on Preventing and Combating Human Trafficking and Exploitation, to ensure the effective monitoring and evaluation of anti-trafficking legislation and policies in the State party;

(b) Strengthen capacity-building for judges, prosecutors, police officers and other law enforcement officials, border control personnel and health-care providers in order to ensure the identification of victims of trafficking, including among women in prostitution, and their referral to appropriate protection and rehabilitation services, and to ensure that perpetrators are effectively investigated, prosecuted and adequately sentenced;

(c) Ensure that women and girls who are victims of trafficking have adequate access to victim support services across the State party, including shelters, counselling services, reintegration programmes and temporary residence permits, and effective access to refugee status determination procedures for those in need of international protection, irrespective of their ability or willingness to cooperate with prosecutors;

(d) Strengthen capacities for the early identification and referral of victims of trafficking, including by adopting guidelines for law enforcement officials and government-supported front-line responders.

25.The Committee notes the ongoing review of Act No. 17.515 regulating sex work. It notes with concern, however, that the Act does not provide adequate protection for women in prostitution and regrets the absence of exit programmes for women wishing to leave prostitution.

26. The Committee recommends that the State party amend Act No. 17.515, in line with article 6 of the Convention and the Committee’s general recommendation No. 38, to ensure adequate protection for women in prostitution from exploitation and gender-based violence. It also recommends that the State party conduct a thorough study on the root causes of women’s exploitation in prostitution and adequately fund victim support services and exit programmes, including alternative income-generating opportunities and opportunities that address structural barriers, for women who wish to leave prostitution.

Participation in political and public life

27.The Committee notes that the Vice-President and the Minister of Economy are women and that all political parties have gender commissions. The Committee also notes with appreciation the efforts made by the State party to promote women’s participation in political and public life, including by providing capacity-building to women politicians. The Committee notes the 30 per cent quota stipulated in Act No. 18.476 (2009) for electoral lists, which was indefinitely extended by Act No. 19.555. However, the Committee remains concerned about the low representation of women in the General Assembly and in the Government, given that women account for 26 per cent of members of the House of Representatives, that only 2 of 14 ministries are headed by women and that the State party has only two women mayors (accounting for 10.5 per cent of all mayors). The Committee also notes with concern the underrepresentation of women in decision-making positions in academia, trade unions and chambers of commerce.

28. In line with its general recommendation No. 23 (1997) on women in political and public life, the Committee recalls its previous recommendation ( CEDAW/C/ URY/CO/8-9 , para. 28) and recommends that the State party:

(a) Adopt temporary special measures, such as increased quotas or zipper systems for the electoral lists of political parties, with incentives for compliance and fines for non-compliance, and targeted campaign financing for women candidates, to ensure gender parity between women and men in elected positions in national and local legislative bodies and within the structures and on the electoral lists of political parties, paying particular attention to the representation of disadvantaged groups of women;

(b) Develop and implement targeted measures, such as preferential recruitment and promotion of women applicants, to achieve gender parity in the public service, academia, trade unions and chambers of commerce, in particular at decision-making levels;

(c) Continue providing capacity-building to women politicians and candidates on political campaigning, leadership and negotiation skills, and collaborate with the media to raise awareness among politicians and the general public about the importance of gender parity in political and public life as a requirement for the full implementation of the Convention;

(d) Investigate all forms of harassment and gender-based violence against women politicians and candidates, including online violence and hate speech, prosecute those responsible and provide effective redress for victims.

Nationality

29.The Committee commends the State party for the adoption of Act No. 19.682 on the recognition and protection of stateless persons and its statelessness determination procedure. However, the Committee is concerned about reports of barriers faced by stateless women who obtain Uruguayan nationality due to different interpretations by civil registrars of the terms “legal citizenship” and “naturalization”.

30. The Committee recommends that the State party:

(a) Implement its statelessness determination procedure in line with articles 2 and 9 of the Convention and the Committee’s general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, in order to expedite the naturalization of stateless women and girls in the State party;

(b) Raise public awareness and provide capacity-building to civil registrars on civil registration procedures aimed at granting nationality or residence permits to women and girls recognized as stateless;

(c) Collect data on stateless women and girls in the State party, disaggregated by age and ethnicity, and provide such data in its next periodic report.

Education

31.The Committee notes with concern:

(a)Reports that Indigenous girls, girls of African descent, rural girls, girls living in poverty, pregnant girls and young mothers have limited access to education;

(b)The limited access to inclusive education for women and girls with disabilities;

(c)The lack of implementation of the 2006 sex education programme and the fact that sexuality education is not a mandatory component of school curricula;

(d)The lack of effective measures to protect women and girls from gender-based violence, harassment and bullying in schools and universities and the lack of effective complaint and redress mechanisms.

32. Recalling its general recommendation No. 36 (2017) on the right of girls and women to education and its previous recommendations ( CEDAW/C/URY/CO/8-9 , para. 32), the Committee recommends that the State party:

(a) Promote the enrolment, attendance and retention of girls and women in school, especially at the secondary level and above, in particular for Indigenous girls, girls of African descent, rural girls, girls living in poverty, pregnant girls, young mothers and girls with disabilities, and reduce dropout rates among pregnant girls and women and adolescent mothers and help them reintegrate into the education system, including by raising awareness among parents, community leaders and girls and women on the importance of education for their life choices and career prospects;

(b) Introduce mandatory age-appropriate and comprehensive sexuality education in school curricula at all levels of education, including education on responsible sexual behaviour to prevent early pregnancy and sexually transmitted infections;

(c) Ensure that all women and girls with disabilities are able to gain access to inclusive education, including by increasing the number of schools offering inclusive education throughout the State party, and that school infrastructure is accessible, and provide reasonable accommodations for girls with disabilities in schools;

(d) Develop an anti-bullying policy aimed at providing safe educational environments for women and girls that are free from gender-based violence and discrimination, harassment and bullying, and set up confidential complaint mechanisms in schools.

Employment

33.The Committee commends the State party on the measures taken to ensure equal opportunities for women and men in the labour market, including the review of all public employment services, the implementation of the Quality with Gender Equity Model and the adoption of Act No. 19.530 on breastfeeding rooms. The Committee notes with concern, however:

(a)The significantly lower labour force participation rate and higher unemployment rate of women in comparison with men in the State party;

(b)The limited access to formal employment for rural women, women with disabilities, women of African descent, migrant and refugee women and lesbian, bisexual, transgender and intersex women;

(c)The persistent gender pay gap, in particular in scientific and technical professions and in the finance and insurance sectors;

(d)Women’s underrepresentation in managerial positions in private companies despite high levels of education.

34. The Committee recommends that the State party:

(a) Increase women’s access to employment in the formal economy, including by dismantling gender stereotypes about the traditional roles of women, conduct awareness-raising campaigns on gender equality targeting employers, provide incentives to hire women and adopt temporary special measures, such as quotas, to promote women’s equal participation in the labour market;

(b) Enforce the full implementation of and raise awareness about Act No. 19.973 and establish employment retention schemes specifically designed to promote access to formal employment by disadvantaged groups of women, including rural women, women with disabilities, women of African descent, Indigenous women, migrant and refugee women and lesbian, bisexual, transgender and intersex women;

(c) Enforce the principle of equal pay for work of equal value, regularly review wages and benefits in sectors where women are overrepresented and adopt measures to close the gender pay gap, including through gender-inclusive job classification and evaluation methods and regular pay surveys;

(d) Strengthen initiatives to promote women’s equal representation in the private sector, including by providing financial incentives for private companies to adhere to the Quality with Gender Equity Model, and to recruit women to leadership positions, including in non-traditional sectors.

Health

35.The Committee welcomes the decrease in the number of early pregnancies, the distribution of free modern contraceptives and the provision of consultations with health professionals specializing in sexual and reproductive health and family doctors for young people. However, the Committee notes with concern:

(a)The prevalence of suicides among women and girls, and the fact that women in the State party are disproportionately affected by mental health conditions, including depression;

(b)The high rate of conscientious objection to performing abortions by medical practitioners, especially in rural areas;

(c)The fact that women seeking abortions are still required to undergo mandatory counselling and are subject to a mandatory five-day waiting period, which the World Health Organization has declared to be medically unnecessary;

(d)Reported incidents of obstetric violence, especially in rural and remote areas, where women often must wait to be transferred for abortion and medical treatment.

36. In line with its general recommendation No. 24 (1999) on women and health, the Committee recommends that the State party:

(a) Ensure that women have access to quality mental health services, in both urban and rural areas, and to suicide prevention helplines;

(b) Guarantee that the exercise of conscientious objection by health-care personnel does not prevent women from having access to safe abortion services, particularly in rural areas, and require mandatory referrals in cases of conscientious objection;

(c) Remove restrictions to access to safe abortion services, such as the requirement for mandatory counselling and medically unnecessary waiting periods, in line with the recommendations of the World Health Organization;

(d) Strengthen women’s access to health services throughout the State party by allocating sufficient budgetary resources for adequately equipped hospitals, especially in rural and remote areas, and to sexual and reproductive health services, protect pregnant women from obstetric violence, strengthen capacity-building programmes for medical practitioners and ensure effective access to justice and comprehensive reparations to all women who are victims of obstetric violence.

Economic empowerment

37.The Committee welcomes the measures taken by the State party to promote women’s economic empowerment, including the establishment of the integrated national care system, the availability of loans and other forms of financial credit for rural women, and the training provided to women entrepreneurs on business management and financial literacy. It notes that the value of women’s unpaid work in the State party was estimated to represent approximately 16 per cent of its gross domestic product. In this regard, the Committee notes with concern the disproportionate burden of unpaid care work shouldered by women, according to the 2022 survey on time use and unpaid work. It also notes with concern the limited implementation of programmes that promote women’s entrepreneurship and economic empowerment.

38. The Committee recommends that the State party:

(a) Ensure that all national economic development policies include a gender dimension and are based on disaggregated data to ensure that they address the needs of women and girls;

(b) Reduce the burden of unpaid care work on women and implement the monetization of unpaid care work so that it can be recognized and women can be compensated for their unpaid care work;

(c) Allocate an adequate budget to the integrated national care system and continue expanding the public care system, including through gender-responsive budgeting and redistributive fiscal measures;

(d) Expand women’s access to low-interest loans without collateral and other forms of financial credit, as well as to entrepreneurship opportunities, including through support for starting independent businesses, access to affirmative procurement programmes and access to information and communications technology, and by creating infrastructure that enables women to gain access to markets, including e-commerce.

Rural women

39.The Committee welcomes the measures adopted by the State party to improve rural women’s access to land ownership and control, including the adoption of the National Gender Plan in Agricultural Policies, the introduction of co-ownership of land allocated by the National Settlement Institute through Act No. 19.781 and the inclusion of women as producers in the family production registry. However, the Committee notes with concern that rural women still have limited access to land ownership and use in the State party.

40. The Committee recommends that the State party:

(a) Ensure that women and men in rural areas have equal access to land ownership and use, including through awareness-raising campaigns to dismantle patriarchal attitudes and gender stereotypes;

(b) Ensure that rural women, including Indigenous women, participate meaningfully in decision-making related to rural infrastructure and services, as well as in the planning, adoption, budgeting, implementation, monitoring and evaluation of agricultural and rural development policies.

Disadvantaged groups of women

Women in detention

41.The Committee notes the efforts of the State party to improve the situation of women in detention, including plans to establish a mental health-care unit for women in detention in 2024. However, it is concerned about the increase in the number of women in detention, mainly on drug-related charges, following the adoption of Act No. 19.889 (the Urgent Consideration Act). The Committee also notes with concern the poor conditions of women in detention, including severely overcrowded facilities and limited access to sexual and reproductive health services and mental health services.

42. The Committee recommends that the State party:

(a) Reduce the number of women in detention, including through targeted prevention programmes aimed at addressing the causes of women being in conflict with the law and by applying non-custodial sentences;

(b) Promote alternatives to detention for pregnant women, women in conflict with the law for using drugs and women with children, such as house arrest, community service or regular reporting to the police, and provide rehabilitation programmes to women who use drugs;

(c) Improve the conditions in detention facilities where women are deprived of liberty, in accordance with international standards and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), address overcrowding in prisons and ensure that women in detention have access to adequate health services, including sexual and reproductive health and mental health services.

Indigenous women

43.The Committee notes with concern the limited efforts of the State party to uphold the principle of self-identification in determining the status of Indigenous women and girls. It also notes with concern the limited access of Indigenous women to education and their underrepresentation in decision-making and leadership positions in political and public life in the State party.

44. Recalling its general recommendation No. 39 (2022) on the rights of Indigenous women and girls, the Committee recommends that the State party:

(a) Collect data, including but not limited to data on sex, age, Indigenous origin, status or identity, ethnicity and disability status, and cooperate with Indigenous women and their organizations, as well as academic institutions and non-profit organizations, to promote self-identification and recognition of the status of Indigenous women and girls as rights-holders;

(b) Ensure that Indigenous women and girls have full access to all levels of education by addressing discriminatory stereotypes and ensuring that they receive education on their Indigenous heritage, history and culture;

(c) Promote the meaningful participation of Indigenous women and girls in political and public life, including in decision-making positions, within local authorities and on the National Council for Racial Equity.

Marriage and family relations

45.The Committee notes with concern:

(a)That exceptions exist to the minimum age for marriage under the Civil Code, subject to parental consent;

(b)That same-sex women couples in de facto unions are at a disadvantage for the recognition of maternity in cases of medically assisted procreation;

(c)That there is a risk that the application of Act No. 20.141 (2023) on co‑responsibility in child-rearing might not take gender-based violence against women in family relationships into consideration in court decisions on child custody and visitation rights.

46. Reiterating its previous recommendations ( CEDAW/C/URY/CO/8-9 , para. 46), the Committee recommends that the State party:

(a) Amend the Civil Code to delete any exceptions to the minimum age for marriage of 18 years for both women and men, in line with article 16 (2) of the Convention and 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 (2019) on harmful practices;

(b) Recognize the equal right of all women, including those in same-sex relationships, to the recognition of maternity in cases of medically assisted procreation, regardless of their civil status;

(c) Establish a monitoring mechanism to ensure that shared custody is actually practised and that the courts take gender-based violence against women in family relationships into consideration when deciding on child custody or visitation rights, and provide mandatory and continuous capacity-building for prosecutors, lawyers and government officials in this regard.

Data collection and analysis

47. The Committee recommends that the State party enhance the collection, analysis and dissemination of comprehensive data, disaggregated by sex, age, disability, geographical location and other relevant factors, and use measurable indicators to assess trends in the situation of women and progress made towards substantive equality between women and men in all areas covered by the Convention and the gender-related targets of the Sustainable Development Goals.

Beijing Declaration and Platform for Action

48. The Committee calls upon the State party to use the Beijing Declaration and Platform for Action and to further evaluate the realization of the rights enshrined in the Convention in order to achieve substantive equality between women and men.

2030 Agenda for Sustainable Development

49. The Committee calls for the realization of substantive gender equality, in accordance with the provisions of the Convention, throughout the process of implementation of the 2030 Agenda for Sustainable Development.

Dissemination

50. The Committee requests the State party to ensure the timely dissemination of the present concluding observations, in the official language of the State party, to the relevant State institutions at all levels (national, regional and local), in particular to the Government, the ministries, the General Assembly and the judiciary, to enable their full implementation.

Follow-up to the concluding observations

51. The Committee requests the State party to provide, within two years, written information on the steps taken to implement the recommendations contained in paragraphs 18 (a), 22 (c), 28 (a) and 36 (b) above.

Preparation of the next report

52. The Committee will establish and communicate the due date of the eleventh periodic report of the State party in line with a future predictable reporting calendar based on an eight-year review cycle and following the adoption of a list of issues and questions prior to reporting, if applicable, for the State party. The report should cover the entire period up to the time of its submission.

53. The Committee requests the State party to follow the harmonized guidelines on reporting under the international human rights treaties, including guidelines on a common core document and treaty-specific documents HRI/GEN/2/Rev.6 , chap. I).