* Adopted by the Committee at its sixty-fifth session (24 October-18 November 2016).

Concluding observations on the combined seventh and eighth periodic reports of Honduras *

1.The Committee considered the combined seventh and eighth periodic reports of Honduras (CEDAW/C/HND/7-8) at its 1447th and 1448th meetings, on 3 November 2016 (see CEDAW/C/SR.1447 and 1448). The Committee’s list of issues and questions is contained in CEDAW/C/HND/Q/7-8 and the responses of Honduras are contained in CEDAW/C/HND/Q/7-8/Add.1.

A.Introduction

2.The Committee appreciates the submission by the State party of its combined seventh and eighth periodic reports. It also appreciates the State party’s written replies to the list of issues and questions raised by the pre-sessional working group and welcomes the oral presentation by the delegation and the responses to the questions posed orally by the Committee during the dialogue.

3.The Committee commends the State party on its delegation, which was headed by the Executive President of the National Institute for Women, Ana Aminta Madrid Paz, and also included representatives of the National Congress and the Presidency, the Vice-Mayor of San Pedro Sula and representatives of the Permanent Mission of Honduras to the United Nations Office and other international organizations in Geneva.

B.Positive aspects

4.The Committee welcomes the progress achieved since its consideration in 2007 of the State party’s combined fourth to sixth periodic reports (CEDAW/C/HON/6) in undertaking legislative reforms, in particular the adoption of the following:

(a)Act on Wage Equality (Decree No. 27-2015);

(b)Act on Protection for Human Rights Defenders, Journalists, Social Communicators and Justice Workers (Decree No. 34-2015) and regulations thereto (2016);

(c)Executive Decree PCM-057-2015, regarding the National Commission for the Eradication of Child Labour;

(d)Act for Protection of Earnings and Regularization of Informal Employment (Decree No. 318-2013, incorporating workers from the informal sector, who are primarily women, into the public health and social security systems;

(e)Decree No. 23-2013, which specifically adds femicide as a crime to the Criminal Code;

(f)Decree No. 54-2012, establishing electoral quotas to increase the political participation of women;

(g)Act against Trafficking in Persons (Decree No. 59-2012) and regulations thereto.

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

(a)Second plan for gender equality and equity (2010-2022);

(b)National plan against violence against women (2014-2022);

(c)Policy and national action plan against commercial sexual exploitation and trafficking in persons (2016-2022).

6.The Committee welcomes the fact that, in 2008, in the period since the consideration of the previous report, the State party acceded to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.

C.National Congress

7. The Committee stresses the crucial role of the legislative power in ensuring the full implementation of the Convention (see the statement by the Committee on its relationship with parliamentarians, adopted at the forty-fifth session, in 2010). It invites the National Congress, in line with its mandate, to take the necessary steps regarding the implementation of the present concluding observations between now and the next reporting period under the Convention.

D.Principal areas of concern and recommendations

Visibility of the Convention

8.The Committee recognizes the various initiatives aimed at raising awareness of the rights of women. Nevertheless, it remains concerned about the limited visibility of the Convention in society in general and among women in particular. It is also concerned that legal professionals and public officials have limited awareness of the Convention and the Committee’s general recommendations, which in turn is aggravated by the swift succession of government administrations and turnover of civil servants, police officers and other law enforcement officials.

9. The Committee reiterates its previous recommendation ( CEDAW/C/HON/CO/6 , para. 11) that the State party raise awareness about the Convention and the general recommendations of the Committee and ensure that existing gender-sensitivity training programmes for legal professionals cover the rights and provisions of the Convention. It also recommends that the State party carry out additional capacity-building initiatives for judges, lawyers, police officers and other relevant professionals in the judiciary affected by the continuing institutional restructuring, to ensure adequate awareness of the rights arising from the Convention.

Definition of discrimination against women

10.The Committee welcomes the fact that the principles of equality and non-discrimination are enshrined in the Constitution and that the Honduran legal order ensures the primacy of international treaties, including the Convention, in national law. Nevertheless, it is concerned that the State party’s legislation contravenes article 1 of the Convention by restricting its scope to direct discrimination.

11. The Committee recommends that the State party adopt a comprehensive definition of discrimination against women in national legislation, in line with article 1 of the Convention, to ensure that women are protected against direct and indirect discrimination by State and non-State actors. It also recommends that the State party ensure that the prohibition of discrimination against women is accompanied by the appropriate enforcement mechanisms and sanctions.

Access to justice

12.The Committee recognizes the resources allocated to the unit investigating violent deaths of women as a measure to improve access to justice for women. Nevertheless, the Committee is concerned about existing barriers, especially in cases of gender-based violence. It is concerned that the lack of independence and impartiality of the justice system is reinforced by insufficient resources, poor infrastructure and lack of specialized units and personnel, including police officers, prosecutors and judges trained on gender issues, resulting in a dysfunctional and corrupt judiciary and an overall culture of impunity. The Committee is also concerned about the lack of proper investigation, evidence collection and forensic facilities and capacities, which causes lengthy delays in legal proceedings and the revictimization of women. It is concerned about the reluctance of women to file complaints owing to discriminatory attitudes among law enforcement personnel. The Committee further notes with concern the lack of an effective witness protection programme and that the comprehensive victim care model is available only as a pilot programme. It also notes with regret women’s lack of awareness of their rights under the Convention and their limited capacity to claim such rights, including limited access to free legal aid and to effective remedies.

13. The Committee, recalling its previous recommendation ( CEDAW/C/HON/CO/6 , para. 13) and its general recommendation No. 33 (2015) on women ’ s access to justice, recommends that the State party:

(a) Strengthen the judicial system, including through additional financial, technical and specialized human resources, with a view to handling cases in a timely, gender-sensitive, non-discriminatory and competent manner;

(b) Foster the professionalism, independence and accountability of judges, prosecutors and police officers, including in selection, promotion and dismissal procedures;

(c) Ensure that all cases of gender-based violence against women are promptly and effectively investigated, that perpetrators are prosecuted and adequately punished and that impunity is combated by investigating reported cases of corruption;

(d) Ensure that women and girls have access to differentiated victim and witness assistance and protection programmes and promote the expansion and institutionalization of the comprehensive victim care model, currently only a pilot programme;

(e) Ensure that the Convention, the Committee ’ s general recommendations and relevant national legislation are an integral part of the mandatory legal education and training for judges, prosecutors, lawyers and law enforcement officers, to adequately address gender equality and gender-based violence;

(f) Ensure access to legal aid services for women and girls, undertake awareness-raising campaigns to inform women and girls about their rights under the Convention and disseminate information on the available legal remedies and their right to file complaints, including against government officials.

National machinery for the advancement of women

14.The Committee notes with concern that the National Institute for Women lacks the rank, status and resources necessary to effectively promote the implementation of the Convention and mainstream gender equality across all departments and sectors. The Committee notes the efforts to introduce gender-responsive budgeting. It is concerned, however, that decentralization has resulted in a lack of harmonization of gender equality policies and budget allocations, especially at the local level, and in a continued dependence on international donor funding. It is especially concerned about:

(a)The absence of institutionalization of the second gender equality and equity plan and the insufficient available information on its implementation;

(b)The lack of functioning gender units in decision-making government sectors and the adverse impact of staff turnover in the national machinery owing to government changes and restructuring, especially at the local level;

(c)Uncertainty about the role and division of responsibilities of the municipal offices for women.

15. The Committee reiterates its previous recommendation ( CEDAW/C/HON/CO/6 , para. 17) that the State party strengthen the National Institute for Women by significantly increasing its human and financial resources and technical capacity to effectively implement its mandate, to effectively bring attention to gender equality issues in all laws, policies and national action plans and to ensure the effective coordination of government policies on gender equality. It also recommends that the State party adopt a gender mainstreaming strategy at all levels of government, with clear timelines and measurable benchmarks. The Committee further recommends that the State party:

(a) Ensure that each ministry allocates a special budget for the effective implementation of the second gender equality and equity plan and establish impact assessment mechanisms to properly monitor and evaluate the plan;

(b) Provide continuous capacity-building on women ’ s human rights and establish permanent gender units to prevent changes in government from having an adverse effect on the institutional knowledge and continuity in the work of the national machinery and its successors;

(c) Clarify the role, composition and division of responsibilities among the municipal offices for women and gender units within each government department and the coordination mechanisms between the national and local levels.

National human rights institution

16.The Committee is concerned that the National Human Rights Commission lacks the resources and independence necessary to carry out its mandate effectively. It notes that the Commission was downgraded to category B status by the Subcommittee on Accreditation of the Global Alliance of National Human Rights Institutions.

17. The Committee recommends that the State party adopt the legislative and administrative measures necessary to implement the recommendations of the Global Alliance of National Human Rights Institutions to enable the National Human Rights Commission to play a key role in the protection and promotion of women ’ s rights and promotion of gender equality.

Temporary special measures

18.The Committee is concerned that the information provided by the State party indicates a lack of adequate understanding of the nature, scope and necessity of temporary special measures aimed at accelerating substantive equality between women and men, in accordance with article 4 (1) of the Convention. It is also concerned about the absence of temporary special measures in areas other than electoral quotas, in particular those that address intersecting forms of discrimination against women from indigenous communities, from communities of African descent or from rural areas or against women with disabilities.

19. Recalling its general recommendation No. 25 (2004) on temporary special measures, the Committee recommends that the State party take specific measures, including temporary special measures in accordance with article 4 (1) of the Convention, to accelerate substantive equality between women and men, in particular women from indigenous communities, women from communities of African descent, women from rural areas and women with disabilities, including in political life and in the areas of health, education, vocational training and employment.

Stereotypes and harmful practices

20.The Committee is concerned by the ineffectiveness of the measures to eliminate patriarchal attitudes and entrenched discriminatory stereotypes regarding the roles and responsibilities of women and men in the family and in society, which impede the implementation of the Convention and are a root cause of violence against women. The Committee is also concerned that these measures do not address intersecting forms of discrimination against women. It is equally concerned that the reliance on funding from international donors for awareness-raising campaigns, education and training programmes may have an adverse impact on the sustainability of these initiatives.

21. The Committee recommends that the State party adopt coordinated and adequately funded measures to eliminate patriarchal attitudes and discriminatory stereotypes regarding the roles and responsibilities of women and men in society and in the family. It also recommends that the State party address intersecting forms of discrimination against women, based on their age, ethnic origin, socioeconomic status, rural or urban location, or being lesbian, bisexual, transgender or intersex.

Gender-based violence against women

22.The Committee notes the continuing process of reforming the Criminal Code. It regrets, however, the persistently high levels of domestic violence, especially against girls. It is equally concerned about the increasing incidence of gender-based violence against women, including the high prevalence of sexual violence, abduction, disappearance and murder, as well as femicide. The Committee is further concerned about the lack of sufficient preventive strategies and about:

(a)Persistent impunity for acts of violence against women, sexual violence and femicide, as well as violence against women perpetrated by State officials and the military, notwithstanding the existence of a national plan against violence against women covering the period 2014-2022;

(b)The lack of clearly defined and harmonized procedures, protocols and resources to provide protection to women who are victims of gender-based violence;

(c)The correlation in the proliferation and use of firearms and femicide, which is allegedly the second leading cause of death among women of reproductive age in the State party;

(d)Underreporting of violence against women, owing to the fear of retaliation and lack of trust in the authorities;

(e)The lack of standardized protocols with a gender perspective for investigating and prosecuting cases of violence against women and femicide;

(f)The lack of updated disaggregated data, including a consistent official registry of disappearances or a protocol to follow up on cases of disappearances, and limited sharing of information between law enforcement officers and public prosecutors.

23. The Committee, recalling its previous recommendations ( CEDAW/C/HON/CO/6 , para. 19) and its general recommendation No. 19 (1992) on violence against women, recommends that the State party ensure that any reform to the Criminal Code upholds international human rights standards, including the Convention. It also recommends that the State party:

(a) Implement existing laws to criminalize all forms of violence against women and ensure that cases are investigated and perpetrators prosecuted and adequately punished and to ensure adequate accountability and monitoring mechanisms for the implementation of the national plan against violence against women covering the period 2014-2022;

(b) Ensure that women and girls have access to effective redress and protection, including a sufficient number of shelters, especially in rural areas, that provide specialized care to victims of sexual violence, and legal and psychosocial rehabilitation and reintegration programmes, in cooperation with civil society organizations;

(c) Strengthen its legislative framework regarding possession of firearms and expedite the adoption of the bill on ac cess to a life free of violence introduced in the National Congress;

(d) Provide mandatory training to law enforcement personnel and judicial officials and professionals in areas such as health and social work on the strict application of criminal law provisions to prosecute and adequately punish acts of gender-based violence, regularly monitor such application and ensure that those officials who fail to apply such legislation are appropriately sanctioned;

(e) Ensure that the definition of femicide in the new Criminal Code is aligned with international standards, in particular the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, and develop and adopt standard protocols to investigate cases of disappearance of women and femicide nationwide;

(f) Adopt specific protocols to unify procedures for reporting cases of violence against women and centralize the regular collection of data on violence against women, disaggregated by the type of violence and the relationship between the perpetrator and the victim.

Trafficking and exploitation of prostitution

24.The Committee welcomes the creation of an inter-agency commission against commercial sexual exploitation and trafficking in persons. Nevertheless, it remains concerned at the high incidence of trafficking in persons, in particular women and girls, for purposes of sexual exploitation. It notes with concern that women and girls from rural areas, indigenous communities and communities of African descent are at high risk of becoming victims of trafficking for sexual exploitation or forced labour. The Committee is further concerned by:

(a)The insufficient human, technical and financial resources allocated to the implementation of legal and other measures to combat trafficking in persons;

(b)The lack of programmes and specialized centres for victim rehabilitation and assistance and the heavy reliance on civil society organizations to provide rehabilitation services and shelter to victims of trafficking;

(c)The lack of disaggregated data on the extent and causes of trafficking in the State party, as well as shortcomings in registering complaints, prosecuting cases and sharing information among institutions, including the Office of the Public Prosecutor and the Inter-Agency Commission against Commercial Sexual Exploitation and Trafficking in Persons;

(d)Limited attention paid to the links between trafficking for sexual exploitation and organized crime in neighbourhoods, as well as collusion by the police;

(e)The lack of exit programmes and alternative income-generating opportunities for women who wish to leave prostitution, and the lack of protection against police harassment and client violence against them.

25. Reiterating its previous recommendation ( CEDAW/C/HON/CO/6 , para. 21), the Committee recommends that the State party:

(a) Effectively implement anti-trafficking legislation and strengthen coordination between the Inter-Agency Commission against Commercial Sexual Exploitation and Trafficking in Persons, the Public Prosecutor ’ s Office and the police to ensure the protection of women and girls who are victims of trafficking;

(b) Ensure that victims of trafficking have free and immediate access to shelters, medical care, psychosocial counselling, legal assistance and specialized rehabilitation and reintegration services;

(c) Conduct studies and surveys to better understand the nature, causes and consequences of trafficking and exploitation of prostitution in the State party and collect data on its prevalence among women and girls, with a view to addressing the root causes;

(d) Build the capacity and accountability of police and law enforcement officers to address organized crime linked to trafficking, including through international, regional and bilateral cooperation to prevent trafficking through the exchange of information and practices and the possible harmonization of legal procedures for prosecuting and punishing traffickers;

(e) Provide exit programmes and alternative income-generating opportunities to women who wish to leave prostitution, and adopt measures to stop client violence against women in prostitution.

Participation in political and public life

26.The Committee remains concerned that women, including women from disadvantaged and marginalized groups, remain significantly underrepresented in all areas of political and public life, in both elected and appointed posts. It is also concerned that the lengthy delays in the adoption of the regulations to implement Decree No. 54-2016, to establish electoral quotas of 50 per cent of women candidates, may have a negative impact on their effective application, in particular concerning the internal elections of political parties currently under way and the effective inclusion of women in national elections. The Committee notes that a bill on harassment and political violence towards women is in process. It is concerned, however, that women, especially in rural and peasant farmer communities, face repression, discrimination and violence as a consequence of their participation in political and public life.

27. The Committee reiterates its previous recommendation ( CEDAW/C/HON/CO/6 , para. 23) that the State party adopt legal provisions, including temporary special measures, such as outreach or support programmes, the reallocation of resources or the establishment of numerical goals and targets connected with time frames, in accordance with article 4 (1) of the Convention and the Committee ’ s general recommendations No. 25 (2004) on temporary special measures and No. 23 (1997) on women in political and public life, that would:

(a) Increase the participation of women in political and public life, in particular in the National Congress, in decision-making posts in the Government, in the judiciary and in the diplomatic service;

(b) Ensure that legislated quotas of 50 per cent representation of women are fully implemented in all elections at the national and local levels;

(c) Take into account the Inter-Parliamentary Union issues brief on sexism, harassment and violence against women parliamentarians, expedite the adoption of the bill on harassment and political violence towards women and enforce laws on gender equality and freedom from violence and discrimination against women in political and public life;

(d) Implement activities to raise awareness of the importance of the participation of women in decision-making for society as a whole.

Women human rights defenders

28.The Committee is concerned about:

(a)The increasingly repressive measures, attacks, sexual violence, harassment, intimidation, reprisals and defamation campaigns against women human rights defenders, especially in contexts of land development projects, advocacy for environmental protection and the defence of the human rights of women from indigenous communities and from communities of African descent;

(b)The lack of effective protection for women human rights defenders and the impunity enjoyed by perpetrators in the absence of effective investigations, prosecutions and convictions for crimes against women human rights defenders;

(c)The deaths of human rights defenders, in particular Margarita Murillo in 2014 and Berta Cáceres in 2016, notwithstanding the repeated denunciations of the situation of risk and harassment that they faced and the protective measures issued by the Inter-American Commission on Human Rights;

(d)The criminalization of social protest and restrictions on the right to peaceful assembly of women human rights defenders.

29. The Committee recommends that the State party:

(a) Adopt and apply, without delay, effective measures for the protection of women human rights defenders to enable them to freely undertake their important work without fear or threat of violence or harassment;

(b) Apply the Act on the Protection of Human Rights Defenders, Journalists, Social Communicators and Justice Workers and develop a protocol with a gender perspective for investigating, prosecuting and punishing attacks and other forms of abuse committed against women human rights defenders;

(c) Effectively investigate, prosecute and adequately punish all cases of violence against women human rights defenders, including cases of violence against women defending the right to land or other natural resources;

(d) Decriminalize social protest and peaceful assembly and put an end to the prosecution of women human rights defenders for their activities in exercise of their human rights.

Nationality

30.The Committee commends the State party for its nationality law and its efforts to register births. Nevertheless, the Committee is concerned about the persisting barriers to birth registration, especially in rural areas and among indigenous communities and communities of African descent. It is also concerned about the lack of information provided on the steps taken to ensure that children in border areas and children in a migratory situation, including unaccompanied children participating in return programmes, have access to birth registration and personal documents. The Committee is further concerned about the absence of information on the monitoring of returning migrant children and their reintegration processes and the effect on family reunification.

31. The Committee recommends that the State party ensure that all births are registered in the State party, including in rural areas, indigenous communities and in communities of African descent. It also recommends that the State party ensure that all children born in exceptional situations, including in a migration context or in border areas, are registered in the National Registry of Persons and provided with personal documents. It also recommends that the State party include a gender perspective in the mechanisms monitoring return processes for child migrants and their effect on family reunification.

Education

32.The Committee welcomes the efforts to improve the access of girls and women to intercultural bilingual education. It is concerned, however, about the insufficient measures taken to ensure access to education for all girls and to improve the quality of education. It is equally concerned that illiteracy rates and secondary school dropout rates for girls in rural and remote areas and in indigenous communities and communities of African descent remain disproportionately high compared with the rest of the population, often owing to poverty, early pregnancy, early marriage and child labour. The Committee is further concerned about the high rates of sexual violence and harassment of girls in and on the way to and from school and notes the absence of effective complaint mechanisms. It also notes with concern the limited integrated sexual and reproductive health education in school curricula. The Committee further notes with concern the absence of information on access to education, including mainstream education, for girls with disabilities.

33. The Committee recommends that the State party:

(a) Ensure that girls in rural and remote areas and from indigenous communities and communities of African descent have equal access to high-quality education at both the primary and secondary levels;

(b) Establish effective reporting and accountability mechanisms to ensure that perpetrators of sexual abuse or harassment of girls in school environments are prosecuted and adequately punished;

(c) Strengthen efforts to retain girls in school and ensure that young mothers can effectively return to school following childbirth;

(d) Ensure the integration of age-appropriate information and education on sexual and reproductive health and rights for girls and boys into the school curricula at all levels of education, and train teachers to address such topics in a gender-sensitive manner;

(e) Provide information in its next report about the inclusion of women and girls with disabilities in the regular education system, including through awareness-raising and media campaigns.

Employment

34.The Committee reiterates its concern about the disproportionately high unemployment rate among women, their concentration in low-paid jobs in the informal labour sector and persistent horizontal and vertical occupational segregation. It notes with concern:

(a)The lack of targeted measures to facilitate the entry of women into the formal labour sector;

(b)The persistent gender wage gap, job insecurity linked to illegal testing for pregnancy and HIV without women’s informed consent in hiring and job-retaining procedures in the maquila industry, inadequate working conditions, mainly in the maquila industry, and situations of child labour;

(c)The lack of regulations on decent working conditions and labour rights to protect women from exploitative labour practices, including domestic work in private homes;

(d)The absence of information on labour inspections in industries and private households in which women are predominantly employed, and reports of violence and sexual harassment against women in the workplace;

(e)Exploitation of women in the agro-industrial sector in the south of the State party, where they are exposed to dangerous chemicals and pesticides harmful to their health, especially their reproductive health.

35. The Committee recommends that the State party conduct a survey on the number of women workers and the characteristics of their work and adopt policies and specific measures to eliminate occupational segregation. It also recommends that the State party:

(a) Ensure equal opportunities for women and men in the labour market, including through the use of targeted measures to promote the access or transition of women to the formal sector;

(b) Strengthen the measures to close the gender pay gap, enforcing the principle of equal pay for work of equal value, and implement laws so that women and girls in the informal sector are covered by labour legislation and social protection (Decree No. 318-2013), expedite the adoption and implementation of the road map to eradicate the worst forms of child labour submitted to the Council of Ministers and effectively enforce laws against child labour, especially in remote geographical areas and labour sectors such as agriculture, domestic work and in the maquila industry;

(c) Adopt and enforce the legal and other measures necessary to promote decent work for women in the informal sector, including domestic workers, apply sanctions for employers who violate women ’ s rights at work and ratify the Domestic Workers Convention, 2011 (No. 189), of the International Labour Organization ’ s Convention;

(d) Increase the human, technical and financial resources of the labour inspectorate to investigate and monitor decent working conditions and labour rights of women and girls and detect discriminatory practices against women in various fields of employment, especially in the informal sector, and prosecute and adequately punish cases of sexual violence and harassment against women in the workplace and strengthen data collection mechanisms in that regard;

(e) Adopt measures to address health and occupational hazards, in particular for women employed in the agro-industrial sector.

Health

36.The Committee welcomes efforts to reduce the maternal mortality rate, but is concerned that women have limited access to sexual and reproductive health in the State party. It is also concerned about:

(a)The criminalization of abortion without exceptions resulting in a high number of women and girls seeking unsafe abortions and increasing maternal mortality;

(b)The prohibition of the promotion, use, sale and purchase of emergency contraception, any policy or programme related thereto and the free or paid distribution and commercialization of emergency contraception, including when pregnancy results from rape or incest, and that the Supreme Court declared the constitutionality of this prohibition in 2012;

(c)The lack of studies to evaluate the impact of the criminalization of abortion and the prohibition of the prescription, sale and use of emergency contraception, including in cases of rape and incest;

(d)The lack of adequate access for women to information on their sexual and reproductive health and rights, including responsible sexual behaviour, and the lack of reasonable and affordable access to family planning and services and contraceptive methods, especially in rural areas, where an estimated 71 per cent of women do not use contraception;

(e)The insufficient information on measures to prevent sexually transmitted infections.

37. Taking into account its statement on sexual and reproductive health and rights, adopted at its fifty-seventh session, in February 2014, the Committee notes that unsafe abortion is a leading cause of maternal morbidity and mortality. As such, the Committee recommends that the State party:

(a) Look into positive experiences and practices of countries in the region, including those countries with similar cultural and religious visions, and around the world that have reviewed their restrictive interpretation of therapeutic abortion and accepted circumstances under which abortion must be decriminalized, namely at least in cases of rape or incest, threats to the life and/or health of the mother and severe fetal impairment;

(b) Assess the impact on the physical and mental health of women and girls of the total criminalization of abortion and the ban on emergency contraception, in addition to the free or paid distribution and commercialization of emergency contraception, in particular on women and girls who are victims of sexual abuse, with a view to lifting the ban and to decriminalization;

(c) Ensure that women, especially women living in poverty and rural women, have access to high-quality sexual and reproductive health services, covering family planning, the prevention of early pregnancy and sexually transmitted infections and emergency post-abortion care;

(d) Strengthen initiatives to ensure that adolescents and young women and men, in particular those out of school, have access to accurate information about their sexual and reproductive health and rights, including responsible sexual behaviour.

HIV/AIDS

38.The Committee welcomes the national strategic plan in response to HIV and AIDS in Honduras, covering the period 2015-2019. Nevertheless, it remains concerned about the high rate of HIV infection among women, and the fact that existing laws and policies to combat HIV/AIDS lack a gender perspective. The Committee is equally concerned about the persisting stigmatization of persons living with HIV/AIDS, which mostly affects women, in particular pregnant women, women in prostitution and women of African descent.

39. The Committee recommends that the State party:

(a) Ensure equal access for women and men to treatment and prevention for both HIV and AIDS and free access to antiretroviral medicines for women and girls to prevent mother-to-child transmission;

(b) Promote voluntary HIV testing and raise awareness among women and men, including those who engage in risky sexual behaviour and those living with HIV, of their responsibilities in reducing the transmission of HIV and other sexually transmitted infections to their sexual partners;

(c) Conduct a study in the various geographical areas of the State party to obtain updated disaggregated data on HIV prevalence.

Economic and social benefits and economic empowerment of women

40.The Committee notes the various plans and programmes adopted to promote social development. Nevertheless, it is concerned about the high level of inequality in Honduran society, which is an impediment to the realization of women’s human rights. It regrets the lack of information on the impact of the diverse social protection programmes on the life of women, given that most information was disaggregated to the family level, and on the measures to ensure access to these programmes by the most marginalized groups of women, including indigenous women and women of African descent. It is concerned that the piecemeal approach to social development and protection and poverty reduction programmes has not been effective for the sustainable economic empowerment of women.

41. The Committee recommends that the State party decentralize and ensure access to social protection programmes and other programmes aimed at the economic empowerment of women who need them most, especially in rural and remote areas and among indigenous communities and communities of African descent. It also recommends a more systematic and rights-based approach to social protection and poverty reduction programmes and that the State party set up a system for the adequate collection of disaggregated data and gender analysis on the impact of social protection programmes on women ’ s enjoyment of their human rights.

Rural women

42.The Committee notes the efforts for the optional joint registration of land, but is concerned about the persistent discrimination against rural women, in particular indigenous women and women of African descent, and about:

(a)The numerous barriers to women’s access to land and the protection of their natural resources, including owing to the lack of consultations about large-scale development projects, tourism projects, agro-industrial projects and hydroelectric projects carried out by foreign investors and private enterprises, as well as the adverse impact of climate change on women, including intense drought, lost crops and scarcity of water and food;

(b)The negative impact on women’s control over land and natural resources stemming from business and development projects that result in the internal displacement of women and girls, forced eviction, labour exploitation, serious health consequences, sexual abuse and violence and trafficking;

(c)Intimidation of rural women, including peasant and community leaders, participating in peaceful protests to protect their land, and the criminalization of their activities;

(d)Reports of cases in which resources, including emergency food and social support programmes, have been diverted by corruption and tied to political ends instead of the targeted recipients.

43. Recalling article 14 of the Convention and its general recommendation No. 34 (2016) on the rights of rural women, the Committee recommends that the State party:

(a) Comply with the Indigenous and Tribal Peoples Convention, 1989 (No. 169), of the International Labour Organization, seeking free and informed consent obtained through consultations with indigenous peoples and ensuring that they benefit from extractive activities and development projects on their land, and include women as active participants in the formulation and implementation of national policies and action plans on climate change, disaster response and risk reduction; broaden and facilitate rural women ’ s access to land ownership, including through the mandatory registration of land under the joint names of the married couple and setting targets for joint titles; and include an explicit gender perspective in national policies, programmes and initiatives fostering agricultural activities, especially for indigenous women and women of African descent;

(b) Adopt measures to protect the rights of rural women, including by holding businesses accountable for practices that negatively affect the health, well-being and security of women workers and allocate adequate resources for the National Agrarian Institute to ensure compliance with the protocol established for evictions ordered by the competent courts, so that they are carried out without excessive use of force or violence and are subject to strict procedural safeguards;

(c) Establish a legal framework to ensure that large-scale development projects, agro-industrial and other business projects do not further undermine rural women ’ s rights to land ownership and their livelihoods and ensure that development projects are implemented only after gender impact assessments involving rural women have been undertaken;

(d) Strengthen mechanisms, including effective audits, for the adequate identification of women in situations of emergency who are entitled to food and social support programmes.

Disadvantaged groups of women

Internally displaced women, refugees and asylum seekers

44.The Committee is concerned about the situation of children, in particular girls, left behind in the State party by migrant family members. It is also concerned about the situation of internally displaced women and children, whose displacement is directly linked to the high rates of violence and crime in the State party, including by gangs or transnational organized crime, and is particularly concerned about the situation of women in the corridor of drugs and violence along the border region.

45. The Committee recommends that the State party:

(a) Collect disaggregated data on the specific situation of children, in particular girls, left behind by migrant family members in the State party;

(b) Increase and expedite its efforts to prevent the causes of displacement and to meet the specific protection needs of internally displaced women;

(c) Adopt additional urgent measures, including the adoption of an integral policy to provide comprehensive protection and assistance to internally displaced women;

(d) Increase its efforts, including through increased bilateral, regional and international cooperation, to effectively address drug and gang-related violence causing internal displacement.

Women in detention

46.The Committee is concerned about the large number of women in pretrial detention and the lack of measures to guarantee that women have access to justice. It is also concerned about the insufficient health and sanitary conditions of women in detention, including pregnant women and women detained with their children.

47. The Committee recommends that the State party reduce the length of pretrial detention, finding alternatives to detention and strengthening the effectiveness and independence of the judiciary. It also recommends that the State party ensure that women in detention have adequate health and sanitary conditions.

Marriage and family relations

48.The Committee notes the amendments to the Family Code regarding the economic regime of marriage. Nevertheless, it is concerned that the provisions of the Code continue to allow for marriage of girls under 16 years of age and notes that such marriages have serious consequences for girls, including with regard to their health and education. It notes with concern that same-sex couples cannot register their partnerships in the State party. The Committee is also concerned about the absence of implementing regulations for the Responsible Parenthood Act.

49. Recalling its general recommendation No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution, the Committee recommends that the State party:

(a) Provide information in its next report on the impact on women of the economic regime of community property;

(b) Adopt and enforce legislation to prohibit child marriage and unify the legal minimum age of marriage at 18 years old for women and men;

(c) Address the root causes of child marriage and strengthen programmes to promote women ’ s right to freely choose a spouse and to enter into marriage only with their free and full consent, on an equal basis with men;

(d) Consider practices from countries in the region that allow the registration of same-sex partnerships;

(e) Expedite the adoption of implementing regulations for the Responsible Parenthood Act.

Data collection and analysis

50.The Committee is concerned about the lack of accurate statistical information disaggregated by sex, age, geographical location, ethnic origin and socioeconomic background in many areas covered by the Convention.

51. The Committee reiterates its previous recommendation ( CEDAW/C/HON/CO/6 , para. 31) and recommends that the State party enhance the collection and analysis of data disaggregated by sex, age, geographical location, ethnic origin and socioeconomic background, indicating the impact of the measures taken and the results achieved in the practical realization of women ’ s substantive equality. The Committee also recommends that the State party develop measurable indicators to assess trends in the situation of women and progress towards the realization of women ’ s substantive equality in all areas covered by the Convention. In this regard, it draws the State party ’ s attention to its general recommendation No. 9 (1989) on statistical data concerning the situation of women and encourages the State party to develop gender-sensitive indicators that could be used in the formulation, implementation, monitoring and evaluation and, when necessary, the review of women ’ s and gender equality policies.

Optional Protocol and amendment to article 20 (1) of the Convention

52. The Committee encourages the State party to ratify the Optional Protocol to the Convention and to accept, as soon as possible, the amendment to article 20 (1) of the Convention concerning the meeting time of the Committee.

Beijing Declaration and Platform for Action

53. The Committee calls upon the State party to use the Beijing Declaration and Platform for Action in its efforts to implement the provisions of the Convention.

2030 Agenda for Sustainable Development

54. 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

55. 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 National Congress and the judiciary, to enable their full implementation.

Technical assistance

56. The Committee recommends that the State party link the implementation of the Convention to its development efforts and that it avail itself of regional or international technical assistance in this respect.

Ratification of other treaties

57. The Committee notes that the adherence of the State party to the nine major international human rights instruments would enhance the enjoyment by women of their human rights and fundamental freedoms in all aspects of life. The Committee therefore encourages the State party to ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, to which it is not yet a party.

Follow-up to the concluding observations

58. The Committee requests the State party to provide, within two years, written information on the steps taken to implement the recommendations contained in paragraphs 13 (a) and (d) and 29 (a) and (b) above.

Preparation of the next report

59. The Committee invites the State party to submit its ninth periodic report in November 2020. In case of delay, the report should cover the entire period up to the time of submission.

60. 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 (see HRI/GEN/2/Rev.6 , chap. I).