II.Communications

1.Republic of Moldova

Communication No.:	104/2016, Ciobanu v. Republic of Moldova
Views adopted:	4 November 2019
Violation:	Articles 3 and 11 (1) (e) and (2) (c)
Remedy:	(a)Concerning the author of the communication: (i)Recalculate the author’s social insurance pension, taking into account the entire period, starting from the entry into force of the Act on Public Social Insurance Pensions on 1 January 1999 until the death of her severely disabled daughter on 22 February 2012, when she provided permanent care for her in the home setting; (ii) award the author adequate compensation for the violations suffered during the period in which she was denied her right to her social insurance pension, commensurate with the non-contributing periods that should have been counted towards the social insurance period; (iii) provide the author with adequate compensation for the moral damages suffered owing to the lack of support services provided to her as a parent caring for her disabled child who had to end her employment activities; and (iv) reimburse the author for the legal costs reasonably incurred in the processing of the present communication; (b)General: given that the State Party has already amended the Act on Public Social Insurance Pensions and has ensured that, starting from 1 January 2017, the periods of providing care for children with severe disabilities are counted towards the social insurance pension of their parents, thus preventing similar violations from reoccurring in the future, but that no compensation is made possible for women, such as the author, who provided care for their children with severe disabilities in the home setting between 1 January 1999 and 31 December 2016. The State Party should take measures, including legislative ones, to ensure that the situation of such women is remedied within a reasonable time. The State Party is also invited to ensure the availability of adequate support services to allow mothers of severely disabled children to remain in employment
Subject matter:	Discrimination in the social security system against women who provide care for children with severe disabilities
Previous follow-up information:	None

Submission by the State Party: 14 May 2020

1.1The State Party submits that Act No. 290/2016 amended article 5 (2) of Act No. 156/1998 to add that non-contributory periods include the time a parent, tutor or curator cares for a child with severe disabilities under the age of 18 until such caregivers are employed as personal assistants.

1.2However, the State Party notes that the amended provision on the public pension system cannot be applied to situations prior to their entry into force. The author’s pension was established before the entry into force of Act No. 290/2016. Thus, established pensions cannot be recalculated to include care of children with severe disabilities.

Submission by the author: 17 October 2025

1.3With regard to adequate compensation for moral damages, the author reports that such compensation has not been provided.

1.4The author notes that the State Party has amended the Act on Public Social Insurance Pensions and has ensured that, starting from 1 January 2017, periods of providing care for children with severe disabilities are counted towards the social insurance pension of the parents.

1.5The author reports that she has not received any answer from the State Party following the Committee’s recommendations. Moreover, she was not informed of the adoption of Ordinance No. 24-7-1589 of 24 February 2020, under which a working group was established to identify additional measures to strengthen the protection of the social rights of persons with disabilities.

Grading: B

2.Russian Federation

Communication No.:	129/2018, Shpagina v. Russian Federation
Views adopted:	23 February 2023
Violation:	Articles 2 (f) and (g) and 3, read in conjunction with article 12
Remedy:	(a)Concerning the author of the communication: provide full reparation, including adequate financial compensation, to the author’s daughter; (b)In general: (i) review and amend the legislation and regulations to prevent and address discrimination against women in the field of healthcare, in particular, ensuring that pregnant women have access to safe, evidence-based and gender-sensitive drug dependence treatment and rehabilitation services; (ii) ensure the availability of drug dependence treatment and rehabilitation facilities, both public and private, that provide their services to women, including pregnant women and women with children, on the basis of affordability and acceptability, in line with paragraph 22 of the Committee’s general recommendation No. 24 (1999) on women and health; (iii) put in place clinical protocols and guidelines related to gender-sensitive drug dependence treatment with regard to pregnant women; (iv) provide professional training for medical personnel and medical authorities on improving access to gender-sensitive drug dependence treatment and available methods of medical care; and (v) develop and implement effective measures, with the active participation of all relevant stakeholders, such as women’s organizations, to address the gender stereotypes, prejudices, customs and practices that result in indirect discrimination against women who use drugs, in particular pregnant women, in the field of healthcare and in general
Subject matter:	Discrimination in the field of healthcare, lack of access to affordable and medically appropriate, evidence-based and gender-sensitive drug dependence treatment and rehabilitation services for pregnant women, and lack of legal, political and financial support for pregnant women with drug dependence to access opioid substitution therapy
Previous follow-up information:	None

Submission by the State Party: 9 October 2023

2.1The State Party submits that its legislation does not authorize opioid substitution therapy and declares that the prohibition of the use of substitution therapy for the treatment of drug addiction is aimed at reducing drug addiction and harmful drug use.

2.2The State Party notes that drug addiction programmes that are based on complete abstinence from drug use are being implemented. Such treatment is focused on suppressing pathological drug cravings without the use of pharmacological agents. The State Party also indicates that measures for the prevention, diagnosis, treatment and medical rehabilitation of patients with drug addiction in State and municipal healthcare organizations are provided free of charge.

2.3.The State Party declares that no legislation establishes discriminatory provisions in relation to drug-dependent persons. The State Party indicates that, on 26 November 2019, the European Court of Human Rights, in the case of Abdyusheva and others v. Russia, ruled that the State Party had not violated its obligations regarding the prohibition of the use of methadone and buprenorphine for the treatment of drug dependence.

Submission by the author: 5 November 2025

2.4With regard to the recommendation concerning the author, the author submits that no reparation has been provided by the State Party.

2.5With regard to the general recommendations to the State Party, the author first submits that the federal ban on opioid substitution therapy with methadone and buprenorphine remains fully in place. No amendments have been introduced to the Federal Law on Narcotic Drugs and Psychotropic Substances. Opioid substitution therapy continues to be framed in the State anti-drug policy strategy for the period 2020–2030 as unacceptable, dangerous and a threat to national security. No gender-sensitive or pregnancy-specific provisions have been added to national narcology regulations. Healthcare has deteriorated, resulting in increasing shortages of essential medicines, increasing barriers to access for women to medical care, including HIV, tuberculosis and reproductive services, and a complete absence of scientifically grounded addiction treatment reforms.

2.6Second, the author submits that no new Government-funded, evidence-based rehabilitation programmes for women have been established. There are no public facilities to allow mothers to undergo treatment accompanied by their children. Rehabilitation continues to rely almost exclusively on abstinence-based narcology and private faith-based centres. Such centres have no oversight, no gender-sensitive protocols and frequently practice isolation, coerced labour or punitive methods. Private treatments are not affordable, and no subsidies are available. Pregnant women with drug dependence therefore remain almost entirely outside the healthcare system.

2.7Third, the author submits that the State Party has made no attempt to address opioid substitution therapy during pregnancy, treatment continuity for pregnant women with opioid dependence, perinatal addiction care, harm reduction measures or integrated prenatal addiction services. Federal clinical protocols on drug dependence continue to require abstinence and offer no pregnancy-specific guidance.

2.8The author notes that no national training programmes have been established for narcologists, obstetricians, general practitioners or social workers. Professional development curricula continue to present opioid substitution therapy as illegal and women who use drugs as unfit for childbearing.

Grading: C

3.Mexico

Communication No.:	75/2014, Trujillo Reyes and Arguello Morales v. Mexico
Views adopted:	21 July 2017
Violation:	Articles 2 (b) and (c) and 5, read in conjunction with article 1
Remedy:	(a)With respect to the authors: resume the investigation of the murder of Pilar Arguello Trujillo within a reasonable time frame in order to identify and eliminate any existing de jure or de facto obstacles that have impeded clarification of the circumstances of the crime and identification of the perpetrators. This would show the State Party’s commitment to ensuring access to justice for the authors of the present communication; (b)In general terms, in accordance with the Committee’s general recommendation No. 33 (2015) on women’s access to justice, and also referring to the Committee’s report under article 8 of the Optional Protocol on Mexico: (i) guarantee the functioning of appropriate (efficient, impartial and independent) procedures for investigating, prosecuting and punishing perpetrators of violence against women, especially in cases of femicide; (ii) identify and eliminate the structural obstacles impeding the operation of the justice system and the effective investigation of gender-based murders of women. In this regard, criminal investigations should be subjected to constant judicial monitoring, sparing no effort to ensure the adequate punishment of perpetrators; (iii) strengthen the implementation of programmes to promote and ensure, in an effective manner, the education and training of all State actors involved in investigations of cases of violence against women, especially in cases involving the extreme violence that constitutes femicide. Such programmes should target, in particular, police officers, prosecutors and judges. The contents should include not only the technical aspects of investigations so as to identify any ineffectiveness and shortcomings in the investigation process and the resulting impunity, but also the causes and consequences of all forms of violence against women; and (iv) ensure legal support in access to justice and to all legal guarantees of protection for the relatives of women who have died as a result of acts of gender-based violence
Subject matter:	Gender-based violence, irregularities and lack of investigation in a femicide case
Previous follow-up information:	None

Submissions by the State Party: 22 November 2019, 26 August 2022 and 22 April 2024

3.1On 22 November 2019, the State Party submitted that the investigation had been resumed. In coordination with the local authorities, expert examinations were ordered, and joint working meetings were held with the authorities and the authors.

3.2Second, the State Party submitted that the Analysis and Context Unit within the Office of the Special Prosecutor for Violent Crimes against Women and Vulnerable Groups and for Trafficking in Persons had been established. It also reported that training activities for local authorities had been conducted, and specific protocols developed.

3.3Third, the State Party noted that local specialized prosecutors had been requested to provide updates on pending cases under their responsibility concerning the crime of femicide.

3.4Lastly, the State Party noted that training sessions and coordination meetings among authorities had been held. It highlighted that, within the framework of the gender-based violence alert mechanism in Veracruz, actions were being implemented in accordance with the approved work programme by the inter-agency and multidisciplinary group coordinated by the National Commission to Prevent and Eradicate Violence against Women.

3.5On 26 August 2022, the State Party provided an update on the measures taken. In general, the State Party reported measures taken for all the recommendations. It provided an update on individualized satisfaction measures granted to the authors and on the progress in the investigation of the case. It also indicated that a disciplinary investigation had been initiated against the authorities involved in the events. In addition, the State Party acknowledged that the structural changes recommended in the views represented an institutional challenge but noted that they were under consideration.

3.6On 22 April 2024, the State Party referred to additional individualized satisfaction measures for the authors, beyond those recommended in the views. Regarding the investigation, it reported that no pronouncement had been made by the local prosecutor’s office. As for the administrative proceedings initiated against the public officials involved, the State Party indicated that the case had been closed due to the absence of a regulatory framework to establish liability.

3.7The State Party reported that meetings had been held with relevant authorities, resulting in the adoption of protocols and operational manuals.

Submissions by the authors: 21 March 2020, 5 May 2022, 16 October 2023 and 26 August 2024

3.8On 21 March 2020, the authors noted that, although the State Party had ordered expert examinations, there had been no reports issued or progress made concerning the investigation. They further indicated that, during that period, they had had only one meeting with the Office of the Attorney General and had not received any updates on the case.

3.9The authors stated that the State Party had not conducted internal analyses to identify the obstacles to, or procedures for, registering femicide cases. They further indicated that, at the federal level, no systematic analysis of the national context had been carried out, and that the Office of the Attorney General was seeking to classify the offence of femicide as merely an aggravating circumstance of homicide, which they considered to be contrary to the Committee’s views.

3.10On 5 May 2022, the authors provided an update indicating that they had filed a new complaint before the Veracruz State Human Rights Commission against the presiding judge of Veracruz State judiciary in 2021. They alleged that, during one of the working meetings held to discuss the case, they had been ignored and revictimized.

3.11On 16 October 2023, the authors reported that, following the incident with the presiding judge of Veracruz State judiciary, the meetings related to the case had been suspended. In 2022, a meeting was held to discuss the plan for comprehensive reparation of harm, during which the authors noted that the State Party lacked a clear methodology for implementing such individual measures. The authors further stated that they had not received any updates on the case. In addition, they indicated that the State Party had still not carried out analyses to identify the de facto and de jure obstacles that had impeded clarification of the circumstances of the crime and identification of the perpetrators.

3.12Lastly, on 26 August 2024, the authors reported that the line of investigation had not been updated and that there had been no progress in clarifying the facts or in sanctioning the public officials who might be responsible. In addition, they indicated that no analysis had been carried out or road map developed to identify the obstacles or to demonstrate tangible results from the actions reported by the State Party. Overall, the authors stated that communication with them had been limited and that the State Party had taken decisions without their participation.

Grading: C

4.Mexico

Communication No.:	153/2020, Román Jaimes v. Mexico
Views adopted:	24 October 2022
Violation:	Articles 1, 2 (b)–(f), 5 (a) and 15 (1)
Remedy:	(a)Concerning Ms. Flores Román and the author of the communication: (i) ensure the coordination and participation of all levels – federal, State and municipal – and develop a comprehensive strategy for conducting an exhaustive search for Ms. Flores Román that determines the actions to be carried out in an integrated, efficient and coordinated manner, and ensure that these actions are accompanied by the necessary resources, protocols and procedures; (ii) ensure that this strategy has a gender and intersectional perspective and that all stages of the search are conducted with a gender perspective by staff, including female staff, who have received proper training; (iii) ensure that an exhaustive and impartial investigation into the enforced disappearance of Ms. Flores Román is carried out promptly, thoroughly and independently, taking into account the context in which it occurred and with special emphasis on generating scenarios and lines of investigation that take into account motivations potentially related to gender. Identify those responsible and thereafter take appropriate measures to prosecute them and have them sanctioned; (iv) exhaustively investigate and punish the negligence and collusion of the public authorities involved in the enforced disappearance of Ms. Flores Román; (v) ensure regular and timely access to information on the investigation into the enforced disappearance of Ms. Flores Román for the author and her family; (vi) take the necessary measures to protect and preserve the life and personal integrity of the author of the communication so that she can carry out the activities related to the search for her relative without being subjected to acts of intimidation, violence and harassment; (vii) ensure the release of Ms. Flores Román if she is still alive. In the event that she has died, return her remains to her family in a dignified and respectful manner; and (viii) provide the author with comprehensive reparation, including adequate compensation, access to the truth and an apology, commensurate with the gravity and the ongoing consequences of the violations of the rights of the author and her daughter; (b)In general: (i) eradicate all structural causes of impunity and put an end to practices that hinder access to justice. In this sense, ensure that all institutions making up the system for the administration of justice and entities responsible for searching for disappeared persons and conducting investigations, at the local, State or federal level, conduct searches with a gender perspective and observe the Alba Protocol and the Protocol for the Investigation of the Crime of Femicide; (ii) provide mandatory training on these protocols, as well as training on the Convention, the Optional Protocol and the jurisprudence and general recommendations of the Committee, in particular general recommendations No. 19 (1992) on violence against women, No. 28 (2010) on the core obligations of States Parties under article 2 of the Convention, No. 33, and No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19; and (iii) adopt and implement a national policy to prevent and eradicate disappearances of women which includes due diligence standards, a differentiated approach and a human rights-based approach as cross-cutting components. The policy should be comprehensive, address and combat the causes of enforced disappearances of women and be aimed at ensuring non-repetition
Subject matter:	Lack of intersectional, gender-responsive searches and investigations of enforced disappearances of women
Previous follow-up information:	None

Submissions by the State Party: 22 May 2023 and 9 February 2026

4.1On 22 May 2023, the State Party indicated that the State Search Commission of the State of Guerrero had been established and was conducting search activities and implementing related plans in coordination with the National Commission for the Search for Missing Persons, and “Madres igualtecas en busca de sus desaparecidos”, a group of mothers, including the author, set up to search for their missing loved ones. The search for Ms. Flores Román remains ongoing. Moreover, the State Party reported that, following consultations with families and experts, it had developed a unified search protocol and harmonized the Alba Protocol and the Amber Alert programme, which now include the Additional Protocol for the Search for Children and Adolescents adopted in 2021. It also emphasized that all proceedings and general actions are carried out in line with an intersectional and gender-sensitive approach.

4.2The State Party stated that Ms. Flores Román had not yet been located and that efforts were ongoing to identify those responsible for her disappearance. It further noted that the Office of the Attorney General had requested new expert analyses to provide context for the facts, as the previous report had not satisfied the author. Moreover, the State Party reported that the author had been granted protection measures to ensure her physical integrity and security. It also indicated that the family had received financial compensation, that a bank account had been opened for Ms. Flores Román’s minor daughter to have access to the funds upon reaching the age of majority, and that the family had been formally recognized as victims by the Executive Commission for Victim Support.

4.3The State Party indicated that training sessions and courses had been conducted for specialized prosecutors, local and federal authorities, police officers and members of the judiciary on gender perspectives and combating violence against women.

4.4The State Party reported that the Office of the Special Prosecutor for Violent Crimes against Women and Vulnerable Groups and for Trafficking in Persons operates as a specialized unit within the Office of the Attorney General, and is responsible for investigating federal offences related to gender-based violence and ensuring that such cases are handled in accordance with established protocols and with a gender-sensitive approach. The State Party further noted that a model definition of the criminal offence of femicide was being developed to establish minimum parameters for harmonization across national legislation. The model also includes sanctions for public officials who fail to carry out investigative acts or who disclose sensitive information. In addition, the State Party reported that legislative reform initiatives were under discussion in several congresses and that the Supreme Court of Justice of the Nation had issued protocols and standards for judges handling cases of gender-based violence, violent deaths of women and femicides.

4.5On 9 February 2026, the State Party reported that, on 30 December 2022, it had provided financial compensation to the author and that, on 9 May 2025, it had recognized its international responsibility and offered a public apology to the family of Ms. Flores Román. Lastly, on 8 August 2025, the State Party published the Committee’s views in the Official Gazette of Mexico.

Submission by the author: 28 February 2024

4.6The author emphasized that the search actions reported by the State Party had occurred prior to the notification of the Committee’s views and that no further actions had since been carried out. The author stated that meetings had been held only for the preparation of a search plan, which was focused exclusively on searching for Ms. Flores Román alive, without taking into account strategies for other scenarios.

4.7The author reiterated that the reported actions dated back to 2021 and contained merely general references to differentiated and gender-sensitive approaches, without specifying concrete measures.

4.8The author noted that the State Party had not reported any progress in the investigation. The author indicated that she had received a decision from the Office of the Special Prosecutor for Organized Crime dated 29 January 2024, informing her that there was insufficient evidence to continue the investigation. That decision has been appealed and remains pending. The author added that only one investigation file existed and that no arrest warrants had been issued nor judicial proceedings initiated. Regarding the expert report mentioned by the State Party, the author explained that it lacked a gender perspective and was prepared in 2021; to date, no additional elements have been incorporated to ensure that the investigation is conducted with a gender-sensitive approach.

4.9Although the State Party did not refer to the recommendation contained in paragraph 9 (a) (v) of the Committee’s views (CEDAW/C/83/D/153/2020), the author acknowledged that she had been granted access to the case information, but noted that such information was often incomplete.

4.10Regarding the protection measures under the recommendation contained in paragraph 9 (a) (vi) of the Committee’s views, the author noted that such measures had not been extended to cover the entire national territory, which prevented her from searching for Ms. Flores Román.

4.11The author acknowledged that she had received financial compensation but indicated that there had been no other forms of reparation, such as a public apology.

4.12The author stated that the training activities reported by the State Party had been conducted prior to the issuance of the Committee’s views and were of a general nature, and there was no evidence that they met the specific guidelines established by the Committee. Lastly, the author emphasized that the State Party had made no reference to national policies for the prevention and eradication of enforced disappearances of women.

Grading: B

5.Bulgaria

Communication No.:	99/2016, S.L. v. Bulgaria
Views adopted:	19 July 2019
Violation:	Articles 2 (a)–(c) and (e)–(g), 5 (a), and 16 (1) (c), (g) and (h), read in conjunction with article 1
Remedy:	(a)Concerning the author of the communication: (i) take immediate and effective measures to guarantee the physical and mental integrity of the author and her children; and (ii) ensure that the author receives appropriate child support and legal assistance, as well as financial reparations proportionate to the physical, psychological and material damage suffered by her and her children and commensurate with the gravity of the violations of their rights; (b)In general: (i) fulfil its obligations to respect, protect, promote and fulfil the human rights of women, in particular the right to be free from all forms of gender-based violence and domestic violence, including intimidation and threats of violence; (ii) promptly revise its legislation and, if necessary, its constitutional provisions, to bring them into full compliance with the Convention and international human rights standards, including general recommendations No. 19 and No. 35 and the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention); ensure, in particular, that all acts of gender-based violence and domestic violence, including violence in the family sphere, are considered violations of the fundamental rights of women and thus criminalized and subject to sanctions; amend article 10 (1) of the Protection against Domestic Violence Act so as to remove the one-month time limit and thereby ensure that protection orders are available without placing undue administrative and legal burdens on applicants; and ensure that the provisions of the Act ease the burden of proof in favour of the victim; (iii) complete the process of ratifying the Istanbul Convention, as doing so will reinforce the State Party’s ability to combat gender-based violence and domestic violence; (iv) promptly, thoroughly, impartially and seriously investigate all allegations of gender-based violence against women, ensure that criminal proceedings are initiated in all such cases, bring the alleged perpetrators to trial in a fair, impartial, timely and expeditious manner and impose appropriate penalties; (v) provide victims of gender-based violence with safe and prompt access to justice, including free legal aid where necessary, in order to ensure that they have access to effective and sufficient remedies and rehabilitation, in line with the guidance provided in the Committee’s general recommendation No. 33, and ensure that victims of domestic violence and their children are provided with prompt and adequate support, including shelter and psychological support; (vi) provide offenders with rehabilitation programmes and programmes on non‑violent conflict resolution methods; (vii) provide mandatory training for judges, lawyers and law enforcement personnel, including police and prosecutors, as well as social workers and psychologists, on the Convention, the Optional Protocol thereto and the Committee’s jurisprudence and general recommendations, in particular general recommendations No. 19, No. 21 (1994) on equality in marriage and family relations, No. 28, No. 33 and No. 35, as well as the Istanbul Convention; (viii) develop and implement effective measures to prevent similar violations from being repeated, with the active participation of all relevant stakeholders, to address the stereotypes, prejudices, customs and practices that condone or promote gender-based violence and domestic violence; and (ix) expeditiously implement the Committee’s recommendations, in particular those regarding combating violence against women, contained in its concluding observations on the combined fourth to seventh periodic reports of Bulgaria
Subject matter:	Lack of effective protection against domestic violence
Previous follow-up information:	None

Submissions by the State Party: 5 March 2020 and 24 March 2022

5.1On 5 March 2020, the State Party noted that its Protection against Domestic Violence Act provided a general, gender-neutral definition of domestic violence, without distinguishing it from gender-based violence. The Act did not create offences but was focused on protection measures, requiring the State Party to establish conditions for the prevention of domestic violence, victim support and protection programmes. Moreover, combating gender-based violence and supporting victims were addressed in the national strategies for the promotion of gender equality for the periods 2009–2015 and 2016–2020.

5.2In addition, the State Party submitted that the national action plan to promote equality between women and men for the period 2019–2020 was aimed at improving the legal framework for combating violence against women and domestic violence, ensuring comprehensive criminal protection and improving national legislation. The national action plan also provided for the training of professionals working on cases of domestic and gender-based violence and the conduct of awareness-raising activities for vulnerable groups and the public.

5.3On 24 March 2022, the State Party submitted that it had provided the author with financial reparations, amounting to 5,000 BGN.

Author’s lack of response

5.4The author was given until 24 October 2022 to provide comments on the State Party’s observations. On 6 October 2025, through the secretariat, a reminder was sent to the author indicating that, in the absence of a response, the Committee would analyse compliance with the ruling in the absence of information from the author. No response has been received to date.

Grading: B

6.Philippines

Communication No.:	34/2011, R.P.B. v. Philippines
Views adopted:	21 February 2014
Violation:	Article 2 (c), (d) and (f), read in conjunction with article 1
Remedy:	(a)Concerning the author of the communication: (i) provide reparation, including monetary compensation, commensurate with the gravity of the violations of the rights of the author; (ii) provide free-of-charge psychological counselling and therapy for the author and her affected family members; and (iii) provide barrier-free education with interpreting; (b)General: (i) review the legislation of rape so as to remove any requirement that sexual assault be committed by force or violence, and any requirement of proof of penetration, so as to place the lack of consent at its centre; (ii) review the appropriate legislation and practice in order to guarantee the free and adequate assistance of interpreters, including in sign language, at all stages of the proceedings whenever necessary; (iii) ensure that all criminal proceedings involving rape and other sexual offences are conducted in an impartial and fair manner and free from prejudices or stereotypical notions regarding the victim’s gender, age and disability; and (iv) provide adequate and regular training on the Convention, the Optional Protocol thereto and the Committee’s general recommendations, in particular general recommendations No. 18 (1991) on disabled women and No. 19, to the judiciary and legal professionals so to ensure that stereotypes and gender bias do not affect court proceedings and decision-making
Subject matter:	Gender-based myths and stereotypes about rape and rape victims; failure to consider the vulnerability of a deaf girl and to provide reasonable accommodation, such as sign language interpreting; excessive duration of trial proceedings
Previous follow-up information:	None

Submission by the State Party: 14 January 2022

6.1The State Party asserts that it has implemented individual measures to comply with the Committee’s recommendations.

6.2First, the State Party notes that there were remedies available for the author to obtain reparation. The author could have pursued the civil aspect of the case. Republic Act No. 7309 also permits a victim of rape to seek compensation before the Board of Claims within six months from the date the victim suffered damage. The State Party declares it cannot grant compensation without setting a dangerous precedent and undermining key judicial principles.

6.3Second, the State Party notes that, under the Rape Victim Assistance and Protection Act (Republic Act No. 8505), a rape crisis centre is established in every province and city to assist rape victims in the litigation of their cases. Such centres provide psychological counselling, medical and health services (including medico-legal examinations) and free legal assistance. They also offer support for the families of rape victims and implement programmes for victims’ recovery. Moreover, the Department of Social Welfare and Development has established centre-based services and facilities for women and children in circumstances of rape, intimate partner abuse or trafficking. The Department of Justice and the performance standards for prosecutors in handling violence against women and their children provide a referral system for medical or psychosocial intervention, which social workers provide, as early as the preliminary investigation and trial stage. In addition, Republic Act No. 11036 seeks to integrate psychiatric, psychosocial and neurological services in regional, provincial and tertiary hospitals, to improve mental healthcare facilities and to promote mental health education in schools and workplaces. It also serves to provide access to psychosocial care and clinical treatment and entitles family members to receive appropriate psychosocial support from the relevant government agencies.

6.4Third, Republic Act No. 7277 ensures that persons with disabilities are provided with equal access to quality education and opportunities to enable them to develop their skills. Moreover, Republic Act No. 10931 provides tertiary education subsidy benefits, including assistive technology and sign language interpreters for students with disabilities.

6.5In addition to individual measures, the State Party asserts that it has implemented general measures to comply with the Committee’s recommendations.

6.6First, the State Party notes that there are pending bills in Congress that seek to redefine rape on the basis of lack of consent, to remove the need to prove force, violence or penetration and to raise the age of statutory rape from under 12 to under 16 years.

6.7Second, the State Party notes that, pursuant to Supreme Court Memorandum Order No. 59-2004, courts hire sign language interpreters to assist deaf parties or witnesses in case proceedings.

6.8Third, the State Party notes that the training institution of the Supreme Court has conducted gender sensitivity training for judges, lawyers and court personnel. Moreover, it has engaged with the Philippine Deaf Resource Center to orient prosecutors regarding the needs of deaf victims and witnesses during court proceedings and regarding how to understand sign languages.

6.9Lastly, the State Party notes that, in its recent decisions, the Supreme Court has issued progressive rulings on rape, rejecting gender myths and stereotypes about victims. The Supreme Court has ruled that the moral character of the victim is immaterial, that non-consensual sexual intercourse, albeit within the realm of marriage, is rape or that a prostituted person may also be a victim of rape. Furthermore, the Supreme Court has affirmed that rape victims do not have to prove resistance, as it is not an element of rape and reactions to sexual assault vary between individuals.

Author’s lack of response

6.10The author was given until 25 May 2022 to provide comments on the State Party’s observations. On 7 October 2025, through the secretariat, a reminder was sent to the author indicating that, in the absence of a response, the Committee would analyse compliance with the ruling in the absence of information from the author. No response has been received to date.

Grading: B

7.Kazakhstan

Communication No.:	45/2012, Belousova v. Kazakhstan
Views adopted:	13 July 2015
Violation:	Article 2 (e), read in conjunction with articles 1, 5 (a) and 11 (1) (a) and (f)
Remedy:	(a)Concerning the author of the communication: provide appropriate reparation, including adequate financial compensation, for moral and material damages caused to the author as the result of the violation of her rights under the Convention, including compensation: (i) for the loss of income from September 2011 until September 2012, when the primary school in Pertsevka was closed; (ii) for legal costs and expenses incurred in connection with the author’s numerous complaints against A., as well as all costs incurred in relation to the civil proceedings instituted by A.; and (iii) for suffering caused by the sexual harassment and attempted extortion, as well as by the public apology that the author had to make to A., which together caused her to suffer from depression and post-traumatic stress disorder; (b) General: (i) adopt, without delay, comprehensive legislation, in particular in the field of labour, to combat sexual harassment in the workplace, in line with the Committee’s general recommendation No. 19, including a comprehensive definition of sexual harassment in the workplace in line with the international norms and standards, establishing effective complaints procedures, remedies and sanctions; (ii) ensure that, in the implementation of article 351 of the Criminal Code, victims are not required to sign any statement if it may effectively constitute an impediment to their right to access to justice; (iii) take the measures and action necessary to raise awareness of the public at large, including in rural areas, of sexual harassment in the workplace as a punishable offence, as well as promote policies to combat such harassment, covering both public and private spheres of employment; (iv) provide regular, gender-sensitive training on the Convention, the Optional Protocol thereto and the Committee’s jurisprudence and general recommendations for judges, lawyers and law enforcement personnel, so as to ensure that stereotypical prejudices do not affect decision-making; (v) take effective measures to ensure that the Convention is implemented in practice by all national tribunals and other public institutions, in order to provide for the effective protection of women against all forms of gender-based discrimination in employment; and (vi) ratify the Convention on Preventing and Combating Violence against Women and Domestic Violence, taking into account the State Party’s cooperation with the Council of Europe
Subject matter:	Lack of action to address discriminatory treatment in the form of sexual harassment in the workplace, failure to investigate and punish acts of gender-based violence
Previous follow-up information:	None

Submissions by the State Party: 10 October 2016, 2 October 2017 and 11 September 2023

7.1On 10 October 2016, the State Party notes that the author filed a claim against the Rudny City Department of Education and that, on 5 July 2016, the claim was dismissed on the grounds that, under civil procedure rules, facts established by a final court decision that has entered into legal force are binding and not subject to re‑examination in subsequent civil cases. By a ruling of the Civil Division of the Kostanay Regional Court dated 26 September 2016, the decision of the Rudny City Court of 5 July 2016 was upheld and the author’s appeal was dismissed.

7.2The State Party notes that, on 28 April 2015, it approved an action plan to implement the Committee’s recommendations. Moreover, the State Party indicates that steps are being taken towards the ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence.

7.3The State Party indicates that the programmes of the Academy of Law Enforcement Agencies include the study of United Nations human rights conventions in the training of law enforcement officers.

7.4The State Party notes that the Prosecutor General’s Office has transmitted the Committee’s views to territorial prosecutor’s offices. The views have also been transmitted to regional authorities (akimats). In addition, the Committee’s views have been published on the websites of the Prosecutor General’s Office and the Ministry of Internal Affairs of Kazakhstan.

7.5On 2 October 2017, the State Party notes that, on 28 July 2017, the Saryarka District Court in Astana dismissed the claim of the author against the Ministry of Finance of Kazakhstan for compensation for moral and material damage. The State Party notes that if the author disagrees with the Court’s decision, she may appeal this judicial act in accordance with the procedure established by civil procedure law.

7.6Furthermore, the State Party notes that the Supreme Court considers that there is no need for legislative clarification of the concept of “sexual harassment”, since articles 121 and 123 of the Criminal Code provide for punishment for committing or threatening to commit acts of a sexual nature.

7.7On 11 September 2023, the State Party acknowledges that the author filed a claim against the Rudny City Department of Education for compensation for moral damage, which was dismissed. The State Party notes that there are no grounds for reviewing the author’s appeal, since all the arguments presented have been legally assessed by court decisions that have entered into legal force, and the author has not presented any other evidence.

7.8The State Party acknowledges that, on 13 March 2017, a Supreme Court judge rejected the petition submitted by the author for referral to a cassation hearing. In adjudicating the matter, the Supreme Court determined that the implementation of obligations arising from international treaties did not fall within the respondent’s competence; accordingly, it found no legal basis for granting the claim.

7.9Subsequently, the author filed a claim against the Ministry of Finance for compensation for material and moral damages. By a decision of the Saryarka District Court in Astana dated 5 May 2018, upheld by the decision of the appellate court dated 17 July 2018, the claim was rejected. By a ruling of the Supreme Court judge dated 19 November 2018, the transfer of the author’s petition for consideration at a cassation court hearing was denied. The Supreme Court based its decision on the lack of evidence of violations in the actions of State bodies and courts when considering the author’s complaints. The Supreme Court considers that the existence of recommendations by the Committee does not exempt the author from the obligation to prove the validity of her claims.

7.10The State Party notes that the time limits provided for in part 1 of article 388 and part 1 of article 436 of the Civil Procedure Code for appealing and challenging judicial acts have expired.

7.11The State Party explains that the author has the right to independently apply to the Chair of the Supreme Court with a request to submit a proposal for the review of judicial acts, providing evidence of the existence of exceptional grounds provided for in part 6 of article 438 of the Civil Procedure Code.

7.12The State Party further argues that the dispute between the author and A. concerning the protection of honour and dignity does not fall within the category of cases in which, according to article 435 of the Civil Procedure Code, the Prosecutor General may appeal against judicial acts.

7.13Concerning the general measures, the State Party first notes that the development strategy of Kazakhstan up to 2050 emphasizes preventing gender discrimination and ensuring gender equality and equal opportunities for women and men. Furthermore, since 2022, in cases of violence, the police, rather than the victims, have been responsible for gathering evidence of the aggressor’s guilt. In addition, the State Party notes that there are 253 inspectors working to protect women from violence, which is twice as many as in 2020. Moreover, female investigators have been assigned to specialize in investigating violent sexual crimes against women and minors.

7.14Second, the State Party argues that the requirement that a person submitting an oral or written report of a crime must sign an acknowledgement of criminal liability for knowingly making false accusations is one of the measures to protect innocent persons from unjustified pretrial investigations and to safeguard the honour, dignity, health and personal freedom of individuals accused of criminal offences.

7.15Third, the State Party notes that, each year, a national media plan is approved for the conduct of information and awareness-raising activities that address all forms of discrimination against women and promote gender policy.

7.16Fourth, the State Party notes that training seminars on issues related to the Convention on the Elimination of All Forms of Discrimination against Women are held on a regular basis as part of advanced training courses for judges.

7.17Lastly, the State Party notes the use of references in court documents and judgments to the provisions of international treaties, including the Convention on the Elimination of All Forms of Discrimination against Women.

Submissions by the author: 12 June 2017 and 7 February 2018

7.18On 12 June 2017, the author submits that, following the issuance of the views adopted by the Committee, she filed a lawsuit against the Rudny City Department of Education. However, the claim was dismissed by the court of first instance and the court of appeal. On 13 March 2017, the Supreme Court upheld the decisions of the lower courts.

7.19The author further submits that the processes of pursuing compensation, providing evidence and engaging with her former employer amounted to direct secondary victimization.

7.20On 7 May 2017, the author filed a renewed claim to request compensation for moral damage and financial assistance for rehabilitation, in accordance with the Committee’s recommendations.

7.21On 7 February 2018, the author states that a lawsuit seeking moral and material damages was filed on 28 July 2017 in the Saryarka District Court in Astana against the Ministry of Finance of Kazakhstan. On 28 July 2017, the author’s claims were rejected. On 18 October 2017, the Astana City Court dismissed the appeal against the decision. On 24 November 2017, the author filed a petition for cassation with the Supreme Court. On 6 December 2017, the petition was returned for lack of payment of the State fee, despite the author’s exemption as a person with a disability of the first group. That return indicates that the petition was not properly reviewed. On 6 December 2017, the author resubmitted the application for cassation. On 2 February 2018, a notification that the cassation hearing had been scheduled for 14 February 2018 was received.

Author’s lack of response

7.22The author was given until 12 September 2023 to provide additional comments on the State Party’s observations. On 9 October 2025, through the secretariat, a reminder was sent to the author indicating that, in the absence of a response, the Committee would analyse compliance with the ruling in the absence of information from the author. No response has been received to date.

Grading: C

8.Philippines

Communication No.:	155/2020, Alonzo et al. v. Philippines
Views adopted:	17 February 2023
Violation:	Articles 1 and 2 (b) and (c)
Remedy:	(a)Concerning the authors of the communication: ensure that the authors receive from the State Party full reparation, including recognition, redress and an official apology for material and moral damages, for the continuous discrimination that they have suffered, and restitution, rehabilitation and satisfaction, including the restoration of their dignity and reputation, which includes financial reparation proportionate to the physical, psychological and material damage suffered by them and to the gravity of the violations of their rights; (b)General: (i) establish an effective, nationwide reparation scheme to provide all forms of redress to victims of war crimes, including sexual violence, with equal access for men who are war veterans and women who are survivors of wartime sexual slavery to recognition, social benefits and other support measures to which they are entitled; (ii) ensure that the authorities remove restrictive and discriminatory provisions from legislation and policies relating to redress for civilian victims of war, including survivors of wartime sexual violence and slavery; (iii) establish a State-sanctioned fund to provide compensation and other forms of reparation to women who are victims of war crimes, in particular the institutionalized system of wartime sexual slavery, to ensure the restoration of their dignity, value and personal liberty; (iv) create a memorial to preserve the site of Bahay na Pula (Red House) or establish another space to commemorate the suffering inflicted to the victims/survivors of wartime sexual slavery and to honour their struggle for justice; and (v) mainstream in the curricula of all academic institutions, including in secondary and university education, the history of Filipina victims/survivors of wartime sexual slavery, as remembrance is critical to a sensitive understanding of the history of human rights violations endured by these women, to emphasize the importance of advancing human rights and to avoid recurrence
Subject matter:	Failure to provide survivors of the wartime sexual slavery system with adequate social support, reparation, benefits and recognition commensurate with the harm suffered
Previous follow-up information:	None

Submission by the State Party: 4 September 2023

8.1The State Pary argues that different treatment of wartime sexual slavery victims and war veterans is justified by substantial distinctions; while both endured the same war, their experiences and suffering were entirely different and distinct. The State Party submits that the entitlement of war veterans to certain benefits does not automatically entail inequality in treatment between the two distinct group nor does it prove discrimination against the authors.

8.2The State Party reiterates that several victims of wartime sexual slavery have received compensation through the Asian Women’s Fund and benefited from the Fund’s atonement projects. The financial resources were used to hire social workers and provide services, including the provision of wheelchairs and pharmaceuticals, barrier-free renovations and nursing care services. Ten social workers had been hired, by the end of 1999, to visit the authors regularly and to carefully monitor their physical and psychological health and any changes in their living conditions.

8.3Moreover, the State Party highlights that there have been initiatives to pass laws aimed at aiding wartime sexual slavery victims. The State Party notes that House Bill No. 1182 was filed on 5 July 2016 to provide pension and health benefits to victims of wartime sexual slavery. However, it has not yet been enacted into law.

8.4The State Party is also reviewing a proposal to adopt a joint memorandum circular aimed at addressing social welfare services, including social welfare packages or assistance, counselling, healing and caregiving services, emergency financial assistance, shelters or hospice care facilities for older persons, and memorial and funeral assistance; medical and wellness services, including health services and facilities, comprehensive health and medical care, medical assistance and wellness monitoring, and assistive devices; and oral history and historical documentation, and educational awareness and advocacy. The joint memorandum circular is aimed at prioritizing the provision of medical and wellness services for the authors and coordinating with relevant local government-run hospitals and facilities to ensure that the authors are provided, where necessary, with immediate access, diagnosis, treatment, hospitalization, medication and wellness monitoring. The Philippine Commission on Women is intended to be the lead agency tasked with monitoring and ensuring that assistance and services are provided.

8.5The State Party explains that the site of Bahay na Pula is a privately-owned property. However, the State Party asserts that it will examine the possibility of erecting a memorial to acknowledge the suffering endured by the victims of wartime sexual slavery. Moreover, the State Party plans to interview the authors about their wartime experiences, resilience and recovery from stigma to create a historically accurate compendium that preserves their stories for future generations.

8.6Lastly, the State Party intends to develop a communication plan, including an educational awareness campaign, to highlight the indomitable spirit and resilience of the authors and their ongoing fight to eliminate discrimination against women. The communication plan is also aimed at highlighting the prevention of gender-based violence.

Submission by the authors: 15 December 2023

8.7The authors acknowledge that the State Party has taken initiatives to enact laws for the benefit of the victims of wartime sexual slavery, such as House Bill No. 1182 and the above-mentioned joint memorandum circular. However, the authors highlight that neither of those initiatives have materialized into concrete actions to improve the current living standards of the authors, given their advanced age. The authors also highlight that House Bill No. 1182 predates communication No. 155/2020, which demonstrates that it cannot be regarded as serving to implement the Committee’s recommendations. Moreover, since it has not been enacted into law, it has no legal effect.

8.8Concerning the joint memorandum circular, the authors note that, as an administrative rule, it must be published with a view to allowing public participation. The State Party has not engaged with the authors or published the complete draft to facilitate such participation.

8.9The authors argue that, notwithstanding the benefits that they have received, those benefits must not be equated to any form of reparation under the Committee’s recommendations. Moreover, the authors reiterate that the compensation received through the Asian Women’s Fund was inadequate, as it was not accompanied by an assumption of legal responsibility by Japan and only included atonement payments.

8.10Regarding the preservation of Bahay na Pula, the authors submit that, regardless of the ownership of the site, the State Party has at its disposal legal measures to preserve the building as a site of historic interest. The National Commission for Culture and the Arts may declare a property as an important cultural property or national historical shrine, monument or landmark under the National Cultural Heritage Act of 2009 (Republic Act No. 10066).

8.11The authors note that the State Party has not explained how it published or disseminated the Committee’s views and recommendations.

Grading: C

9.Timor-Leste

Communication No.:	88/2015, X. v. Timor-Leste
Views adopted:	26 February 2018
Violation:	Articles 2 (c), (d) and (f) and 15, read jointly with article 1
Remedy:	(a)With regard to the author: (i) grant the author a full pardon; and (ii) grant the author appropriate reparation, including comprehensive compensation commensurate with the seriousness of the infringement of her rights; (b)In general: (i) provide mandatory training for judges, prosecutors, lawyers and law enforcement and administrative personnel on the application of the Convention, its Optional Protocol and the Committee’s jurisprudence and general recommendations, in particular general recommendations Nos. 19, 28, 33 and 35; (ii) establish monitoring mechanisms to ensure that evidentiary rules, investigations and other legal and quasi-judicial procedures are impartial and not influenced by gender stereotypes or prejudice; (iii) conduct an exhaustive and impartial investigation to determine whether there are structural failures in the State Party’s system and practices that may cause victims of domestic violence to be deprived of protection; and (iv) ensure that victims’ claims are addressed promptly and fully and that they receive legal, medical and social support and the protection that they need, and ensure that perpetrators are investigated, prosecuted and sanctioned
Subject matter:	Failure to protect the author from domestic violence and gender-based discrimination and gender stereotyping in the State Party’s judiciary and other organs
Previous follow-up information:	None

Submission by the State Party: 22 August 2022

9.1With regard to the recommendations concerning the author, the State Party submits that the author was granted partial pardon by the President on 15 May 2015. The author was released from prison on 16 September 2015 after spending three years and 10 months in prison.

9.2The Ministry of Social Solidarity and Inclusion assessed that it was not safe for the author to return to her home, as she had been receiving threats from her late husband’s family. Consequently, the Ministry provided accommodation for the author and her son at the Casa Vida shelter and facilitated communication with her late husband’s family. The author is now working at the Casa Vida shelter, which provides her with sufficient income to support her son.

9.3With regard to the general recommendations to the State Party, the State Party first submits that training programmes have been implemented with the aim of reducing gender bias in the judicial system, and gender-based violence is now included as a subject in the curriculum of the Legal and Judicial Training Centre.

9.4Second, the State Party notes that the Judicial System Monitoring Programme effectively monitors judicial decisions.

9.5Third, the State Party indicates that article 39 of the law against domestic violence empowers courts to impose procedural measures to protect victims.

9.6Fourth, the State Party notes that it supports services and centres for victims of domestic violence. Those centres report cases of domestic violence to the national police services or to the public prosecution services. Moreover, safe rooms have been established to provide temporary accommodation for victims of domestic violence. The safe rooms are located in four hospitals in Dili, Oecusse, Maliana and Suai, with a fifth under construction in Baucau. In 2018, between 600 and 750 victims gained access to safe room services. In addition, the State Party supports shelters and provides victims with support and longer-term accommodation, as well as psychosocial assistance and life-skills training. Between 2014 and 2018, seven shelters and one transitional housing facility have been established to provide assistance to victims of gender-based violence. When victims and survivors are ready to return home, the shelters provide support to help them reintegrate into their communities.

9.7Lastly, an increasing number of perpetrators of domestic violence are being prosecuted by the judicial system. In 2018, 554 domestic violence cases were monitored, up from 404 in 2017. Of those, 91 per cent of perpetrators were prosecuted, 2 per cent were acquitted and 64 per cent received a suspended prison sentence.

Submission by the author: 5 November 2025

9.8The author notes that, on 20 May 2015, the State Party granted partial pardon to the author through Presidential Decree No. 45/2015. Moreover, the State Party granted conditional liberty to the author on 16 September 2015, through the Dili District Court.

9.9Moreover, the author submits that the State Party provided budget support for the author and her son through the Casa Vida shelter. The State Party also ensured that the author’s son could exercise his right to have access to social security benefits until he reaches the age of 23. The author also notes that the State Party facilitated mediation between the author and the family of her late husband, which marked a significant step forward in the author’s recovery.

9.10The author notes that, from 2020 to 2023, the State Party facilitated training on the legal framework for gender-based violence and on the identification of criminal elements for the Vulnerable Persons Unit of the police. In 2022, the State Secretariat for Equality and Inclusion launched a 10-year national action plan on gender-based violence, with a focus on access to justice. In 2023, the State Party enacted Act No. 6/2023 on the protection of children and young people who are in danger. In 2024, the State Party provided additional training to prosecutors and judges on issues of gender-based violence. In 2024, the Public Prosecutor’s Office issued a manual for the investigation of gender-based violence cases. The Ministry of Social Solidarity and Inclusion established standard operating procedures for gender-based violence and for child protection, with the aim of ensuring that victims and children receive sensitive and adequate access to their rights. In 2025, the Ministry of Social Solidarity and Inclusion and the State Secretariat for Equality and Inclusion provided public subsidy funding to enable the non-governmental organization ALFELA to continue offering free legal assistance to victims of gender-based violence.

Grading: B