CEDAW
What does the
Convention mean for the rights
of girls in Latin America
and the Caribbean?
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Consultant: Ximena Andión
This publication was coordinated by Luz Angela Melo,
Regional Adviser for Gender, No Discrimination and
Adolescents.
Mark Connolly, José Bergua, Stefano Fedele and Eveliz
Metellus made significant contributions to this document.
Proofreading:
Gladys Hauck, Information and Documentation Assistant
Cover Portrait:
© UNICEF Colombia/2008-55/M Quintero
Design: Tinto Estudio, S.A.
UNICEF
Latin America and Caribbean Regional Office
Building 102, Alberto Tejada St., City of Knowledge,
Panama, Republic of Panama
Postal Address: 0843-03045
Telephone: (507) 301-7400
www.unicef.org/lac
Published in August 2014
The comments and opinions expressed in this publication do not
necessarily represent the official policy or view of UNICEF.
Parts of this publication may be reproduced for use in research,
advocacy and education only, provided the source is
acknowledged (UNICEF). This publication may not be reproduced
for other purposes without the prior written permission of
UNICEF. Permissions will be requested to Communication Unit,
[email protected].
What does the
CEDAW
Convention mean for
the rights of girls
in Latin America
and the Caribbean?
4
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Contents
I.
II.
III.
Objectives, structure and methodology................................................5
How to apply CEDAW to UNICEF programming in
Latin America and the Caribbean?.........................................................7
Framework and applicable human rights principles............................9
IV. The Convention on the Elimination of all Forms of
Discrimination against Women (CEDAW)…. ......................................13
V.
Applying CEDAW to specific issues.....................................................22
a. Survival and development of young girls ............................................23
b. Girls’ Right to education .....................................................................31
c. Girls’ Right to health, including sexual and reproductive health…… ..35
d. Girls’ Right to be free from violence, exploitation and abuse……… ..42
e. Early marriage and early union ............................................................48
f. Water and sanitation............................................................................51
g. Migrant girls........................................................................................54
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
I. Objectives,
structure and methodology
5
6
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
I. Objectives, structure and methodology
The Convention on the Elimination of all Forms of
CEDAW in achieving this goal when read in
Discrimination against Women (CEDAW), adopted in
conjunction with other human rights instruments,
1979 by the General Assembly of the United
particularly the Convention on the Rights of the
Nations, constituted a groundbreaking step toward
Child (CRC).
eliminating gender discrimination and advancing
gender equality. The Convention provides a solid
The present document aims to provide practical
framework of rights and obligations that aims to
guidance on how to apply CEDAW for girls within a
guide the efforts of States, donors, UN Agencies
life cycle approach in UNICEF programming for Latin
and private actors to improve the situation of girls
America and the Caribbean. The guide opens by
and women.
describing how the tool can best be used in the
region, before moving on to outline the human
All of the countries of Latin America and the Carib-
rights principles behind all programmes and policies,
bean have ratified CEDAW, meaning that these
and providing an overview of the content of the
States are obligated to take effective action to
CEDAW Convention and its Optional Protocol.
eliminate discrimination in all of the social,
Finally, the guide highlights a range of issues
economic, cultural, civil and political spheres. Given
relevant to girls’ rights in Latin America and the
the importance of CEDAW to the region, action is
Caribbean, using CEDAW and other human rights
needed to ensure greater dissemination and under-
instruments to apply a human rights and gender
standing of the Convention content and its interpre-
perspective to these situations.
tation by the compliance monitoring Committee,
while increasing links with other human rights
The elimination of all forms of discrimination and the
instruments and initiatives.
achievement of gender equality is without doubt
one of the greatest challenges of our times. It is our
UNICEF has reaffirmed its commitment to foster
intention that this guide will contribute to the
gender equality in the Strategic Plan for 2014-2017
integration of gender and human rights perspectives
and through UNICEF Policy on Gender Equality and
in UNICEF programming throughout Latin America
the Empowerment of Girls and Women adopted in
and the Caribbean.
2010. This policy acknowledges the importance of
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
II. How to apply CEDAW
to UNICEF programming
in Latin America and
the Caribbean?
7
8
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
II. How to apply CEDAW to
UNICEF programming in
Latin America and the
Caribbean?
All States in Latin America and
the Caribbean have ratified the
Convention on the Rights of the
Child, and most have ratified the
Convention on the Elimination of
All Forms of Discrimination
against Women. UN Agencies
For UNICEF Country Offices, CEDAW can be read
together with the Convention on the Rights of the
Child to provide a solid framework of international
human rights standards on the rights of children and
adolescents. The CRC establishes a general
framework and principles relating to the respect for,
protection and fulfilment of children’s human rights
according to their specific needs and the special
protection they are entitled to from the State. In
parallel, CEDAW provides a perspective on the
gender specific needs and interests of girls and
adolescent girls on the basis of recognition of
historic discrimination against them.
All of the States of Latin America and the Caribbean
have ratified the CRC, and most have ratified
CEDAW (see the chart on page 21) and its Optional
Protocol. This means they are obligated to adopt all
the measures and take all the steps necessary to
comply with the provisions of these treaties. The
role of UN Agencies is critical in providing technical
assistance to States for them to improve implementation of these treaties. Additionally, UNICEF
Country Offices that use both CEDAW and CRC in
combination are better able to produce programming that contains a gender and human rights
perspective.
When read together, the CEDAW and the CRC
can be very useful for UNICEF Country Offices in
terms of:
have a critical role in providing
technical assistance to States for
they may improve
implementation of these treaties.
u Providing a solid framework in terms of rights
and obligations on which to base UNICEF
Country Office programmes and policies for the
protection of girls and adolescents.
u Using the framework and standards developed
by CEDAW and CRC to prioritize the most
critical and appropriate interventions to be
supported by the UNICEF Country Office.
u Ensuring that the policies and programmes
developed or supported by UNICEF contribute to
the respect, protection and fulfilment of the
human rights of girls and adolescents girls; if
programmes are based on human rights principles and standards, they will be more effective
and sustainable over time.
u Advances in the integration of a gender perspective in UNICEF Country Office programmes and
projects through application of CEDAW provisions and standards.
u Providing technical assistance to governments
to advance toward compliance with CEDAW
and CRC.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
III. Framework and
applicable human rights
principles
9
10
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
III. Framework and applicable
human rights principles
Life cycle approach:
early childhood, adolescence
The life cycle approach works on the basis that there are characteristics
particular to each stage of human life, and that these define the needs
and vulnerabilities of individuals within that stage. This framework can
also be applied to the analysis of children’s rights from the perspective
that childhood is not a uniform process, but one where various stages
can be identified.
However, some difficulties have been encountered in establishing clear
stages and age brackets for childhood and adolescence, due in part to
the vast range of subjective and objective factors, including cultural,
social and economic elements, that can affect child development.
UNICEF describes the stages as: early childhood (0-4), middle childhood
(5-9), early adolescence (10-13), middle adolescence (14-16) and late
adolescence (17-19).
The life cycle framework helps in identifying neglected risks and key
gaps that can be addressed when prioritizing key interventions. If the
interventions are tailored to the specific needs of the population in that
life stage, they will be more effective and appropriate.
Children´s emotional, physical and cognitive skills develop as they move
through life, and it is important that the programmes and policies
respond to interests, needs and abilities appropriate to each stage.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Non-discrimination and equality
The principle of non-discrimination and equality is the cornerstone of the international human
rights system, and it is particularly important for girls since it offers protection against
discrimination based on age, sex and other characteristics including health condition, race,
disability and ethnicity, among others.
In recent decades there has been a paradigm shift from considering children and adolescents
as objects of protection to considering them as bearers of rights. International human rights
law has contributed to this paradigm shift, particularly with the adoption of the Convention on
the Rights of the Child.
The principle of non-discrimination establishes the State obligation to take all measures to
ensure compliance of the law, practices, policies and any other act from private actors or
public authorities.
It also establishes the obligation to pay particular attention to marginalised and vulnerable
groups and to establish special measures to protect them. Girls are granted special
protection from the State as a discrete group.
Best interests of the child
Through the Convention on the Rights of the Child, international human rights law recognises
the principle that what is best for the child’s well-being and protection should be a primary
consideration in any action that affects them. This principle should be observed by private
and public welfare institutions, courts of law, administrative authorities or legislative bodies,
among other actors.
The principle of the best interests of the child allows the State to limit the rights of parents,
legal guardians or others responsible for children in order to ensure the best possible
protection and well-being of children.
The best interests of the child should be at the forefront of any decision taken by any public
or private actor, and the State should ensure that all parties comply. Although what is best for
a specific child will depend on many factors and circumstances, important guidance on the
respect, protection and fulfillment of children's rights is provided by international human
rights law.
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12
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Evolving capacities
This principle establishes that children and adolescents acquire
the capacity to take responsibility for the decisions affecting
their lives progressively in accordance with their age and level of
maturity - a principle that should be taken into account by the
State and those caring for children. Children and adolescents
should always be given the chance to express their opinions and
to make decisions affecting their lives in accordance with their
evolving capacities. This principle was recognised in the
Convention on the Rights of the Child.
When applying this principle, it is important to consider that
children and adolescents acquire competencies at different ages
depending on their life experiences, culture and environment.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
IV. The Convention on
the Elimination of all Forms
of Discrimination against
Women (CEDAW)
13
14
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
IV. The Convention on the Elimination
of all Forms of Discrimination
against Women
The Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), adopted by
the UN General Assembly in 1979, is also known as the
Women’s Convention as it is the only human rights
instrument directly centred on women’s interests, needs
and experiences.
CEDAW recognizes the historic situation of gender
inequality and obliges States to eliminate discrimination
against women in economic, social, cultural, civil and
other spheres and to advance toward the achievement
of gender equality.
According to Article 1 of CEDAW, discrimination against
women includes: “… any distinction, exclusion or
restriction made on the basis of sex which has the effect
or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their
marital status, on a basis of equality of men and women,
of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other
field.”
This definition contains groundbreaking elements in the
understanding of what constitutes discrimination against
women. It enshrines the concept of direct and indirect
discrimination by establishing that discrimination is
“…any distinction, exclusion or restriction made on the
basis of sex which has the effect or purpose of impairing
or nullifying” women’s and girls’ human rights.
CEDAW
is the only
existing human
rights instrument
directly centred
on women’s
interests, needs
and experiences.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Effect
Purpose
15
Indirect discrimination
Even policies or laws with no purpose or objective of exclusion
or restriction can result in discrimination.
Direct discrimination
Policies or laws with the overt purpose or objective of exclusion
or restriction of women’s and girls' rights.
The definition goes beyond the concept of formal equality and integrates the concept of substantive equality
when it states that discrimination has the effect or purpose of “…impairing or nullifying the recognition, enjoyment or exercise by women”.
Formal
Equality
Substantive
Equality
The formal recognition that women and men are equal in rights.
Recognizes that, although women and men are equal in rights, they may have
different needs and experiences and, given the historic situation of gender
discrimination, that women do not experience the same opportunities and
conditions in which to enjoy and exercise their rights.
16
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Although violence against women is not directly listed in the text of
the Convention, it is considered under CEDAW because gender-based
violence has been described by the Committee as a form of
discrimination against women.
The Convention contains a wide range of State
obligations to eliminate discrimination and achieve
equality in all spheres, even in private life. These
obligations include:
u LEGISLATION:
o Embody the principle of equality between men
and women and the principle of
non-discrimination in the national law and
Constitution.
o Repeal all laws and regulations that discriminate
against women and girls.
o Prohibit under the law all forms of discrimination
and establish appropriate sanctions.
u BUDGET:
o Devote sufficient resources to programmes and
policies directed to eliminate discrimination
against women and girls and achieve gender
equality.
o Include a gender perspective when drawing up
public budgets.
u CUSTOMS AND PRACTICES:
o Take all necessary measures to modify or
abolish customs and practices that are harmful
to women and girls.
u INSTITUTIONS:
o Ensure the State has appropriate institutions to
address women’s and girls’ needs and to protect
their human rights.
o Establish competent tribunals to address human
rights violations for women and girls.
u TEMPORARY SPECIAL MEASURES:
o Adopt temporary special measures to accelerate
actions in favour of equality between men and
women and to counteract the historic situation
of discrimination against women and girls.
u MODIFY DISCRIMINATORY
SOCIO-CULTURAL PATTERNS:
o Take all appropriate measures to eliminate
discriminatory socio-cultural patterns based on
negative gender stereotypes outlining
‘appropriate’ roles, attitudes and activities for
men and women, boys and girls.
o Ensure that education includes a proper
understanding of maternity and the shared
responsibilities of men and women in the
upbringing and development of children.
u PREVENT AND PUNISH DISCRIMINATION
FROM NON-STATE ACTORS:
o Act with due diligence in the prevention,
punishment and eradication of all forms of
discrimination against women and girls.
u DISAGGREGATED DATA:
o Produce data disaggregated by sex and age in
order to achieve a better understanding of the
specific situation of women and girls in the
enjoyment of their rights.
u PROMOTION OF THE CONVENTION:
o Take measures to ensure appropriate public
dissemination of CEDAW and train public
officials on the obligations emanating from the
Convention that will impact their labours.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
CEDAW also includes a wide range of economic, social, cultural, civil and political rights that should be respected,
protected and fulfilled by States without discrimination and on the basis of equality. The CEDAW Committee
stated that, as the Convention clearly prohibits any form of discrimination, those issues not explicitly considered
within the text of the Convention can be regarded as being covered under the Convention as long as they
constitute some form of discrimination. For instance, violence against women is not listed in the text, but as the
Committee has described gender-based violence as a form of discrimination against women, it is therefore
considered under the Convention.
Rights included
under CEDAW
HEALTH
RIGHTS
OF RURAL
WOMEN
EMPLOYMENT
EQUALITY
IN FAMILY
RELATIONS
ECONOMIC
LIFE
CEDAW
EQUALITY
IN
MARRIAGE
EDUCATION
EQUALITY
BEFORE
THE LAW
FREEDOM
FROM
VIOLENCE
The Convention contains a wide range
of State obligations to eliminate gender discrimination and
achieve gender equality in all spheres, even in private life.
17
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What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
The CEDAW Committee
CEDAW establishes a Committee of independent experts to monitor State compliance with the
provisions of the Convention. This body is composed of 23 experts from the State parties to the
Convention. It meets at least twice a year to analyse the situation in specific countries, examine
individual cases and discuss interpretations of the content and scope of the Convention.
The Committee is able to monitor State compliance with the Convention in several ways. Some
of these were established in the body of the Convention text and others were added in an
Optional Protocol to the Convention that forms an additional human rights treaty to be ratified by
each State party.
The Committee
establishes a
constructive dialogue
with States.
Periodic
Reviews
State parties to the
Convention must present
the Committee with a
report on the progress
made toward
implementation of CEDAW
every four years.
NGOs, UN Agencies
and National Human
Rights Institutions can
present information
and reports to the
Committee for the
periodic reviews.
After each periodic
review, the Committee
issues “Concluding
Observations”
that include
recommendations to
be implemented by
the States.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
General
Recommendations
Individuals
Complaints
The Committee issues
General Recommendations
in the form of authorized
interpretations of the
CEDAW provisions. These
General Recommendations
provide States with
guidance on how to
implement the Convention
better.
Women living in States that
have ratified the Optional
Protocol to CEDAW can
lodge individual complaints
in cases where their rights
were violated and no
effective remedy was
provided at the national
level. Where the
Committee finds a violation
has occurred, it issues
recommendations to the
State party to remedy and
redress the violation.
The Committee has issued
30 General Recommendations to date.
The General
Recommendations cover a
wide range of issues:
violence, HIV, harmful
practices, temporary special
measures, health, women
with disabilities, political
participation, among others.
To date, the Committee
has issued decisions on 35
individual cases from
around the world.
NGOs, victims and families
of victims can present
individual complaints.
Requirements:
• Violation of the
Convention.
• Exhaustion of domestic
remedies or proof of
undue delay or lack of
effective remedy.
• Submission in writing.
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What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Enquiry
Procedures
In cases of grave or
systematic violations to
the rights contained in
CEDAW, the Committee
can initiate an enquiry
procedure.
The Committee conducts
the investigation and
issues a report with
recommendations to the
State party where they
find violations have
occurred.
The enquiry procedure
can include a visit to the
State where the alleged
violations occurred.
To date, the Committee
has only conducted one
enquiry procedure.
NGOs, UN Agencies
and individuals can ask
the Committee to
conduct an enquiry and
provide information.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Ratification of CEDAW by States
from Latin America and the Caribbean
Country
Argentina
Convention
Signed
Convention
Ratified
Protocol
Signed
Protocol
Ratified
17-jul-80
15-jul-85
28-feb-00
20-mar-07
Antigua and Barbuda
1-aug-89
Bahamas
6-oct-93
5-jun-06
Barbados
24-jul-80
16-oct-80
Belize
7-mar-90
16-may-90
Bolivia
30-may-80
8-jun-90
10-dec-99
27-sep-00
Brazil
31-mar-81
1-feb-84
13-mar-01
28-jun-02
Chile
17-jul-80
7-dec-89
10-dec-99
Colombia
17-jul-80
19-jan-82
10-dec-99
23-jan-07
Costa Rica
17-jul-80
4-apr-86
10-dec-99
20-sep-01
Cuba
6-mar-80
17-jul-80
17-mar-00
Dominica
15-sep-80
15-sep-80
Dominican Republic
17-jul-80
2-sep-82
14-mar-00
10-aug-01
Ecuador
17-jul-80
9-nov-81
10-dec-99
5-feb-02
El Salvador
14-nov-80
19-aug-81
4-apr-01
Grenada
14-jul-80
30-aug-90
Guatemala
8-jun-81
12-aug-82
Guyana
17-jul-80
17-jul-80
Haiti
17-jul-80
20-jul-81
Honduras
11-jun-80
3-mar-83
Jamaica
14-jul-80
25-jun-85
Mexico
17-jul-80
23-mar-81
Nicaragua
17-jul-80
27-oct-81
Panama
26-jun-80
29-oct-81
Paraguay
Peru
9-dec-02
7-sep-00
9-may-02
10-dec-99
15-mar-02
9-jun-00
9-may-01
6-apr-87
23-jul-81
13-sep-82
Saint Kitts & Nevis
25-apr-85
Saint Lucia
8-oct-82
Saint Vincent and the Grenadines
4-aug-81
Suriname
1-mar-93
14-may-01
22-dec-00
9-apr-01
20-jan-06
Trinidad and Tobago
27-jun-85
12-jan-90
Uruguay
30-mar-81
9-oct-81
9-may-00
26-jul-01
Venezuela
17-jul-80
2-may-83
17-mar-00
13-may-02
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What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
V. Applying CEDAW
to specific issues
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
V. Applying CEDAW
to specific issues
a. Survival and development of young girls
In Latin America and the Caribbean, the situation in
terms of the survival of girls has improved in recent
decades. Life expectancy was 73.4 years for men
and 76.7 for women in the period 2005-2010. The
infant mortality rate dropped from 42 per 1,000 live
births in 1990 to 16 per 1,000 live births in 2011,
which represents a 61 per cent decline in the infant
mortality rate in this region within the last two
decades.1 Between 1985 and 1990, the female
infant mortality rate was 42 per 1,000 live births; this
same rate decreased to 19 per 1,000 live births
between 2005 and 2010, representing a 55 per cent
decline in the female infant mortality rate within a
25-year time frame.2 Globally, there has been a
significant reduction of infant mortality of children
under 5 years old. This has been reflected in the
region where the regional average is even lower.3
Latin America and the Caribbean has in fact reduced
its under-five mortality rate by more than 50 per
cent.4
Although the situation has improved, infant mortality
rates are high, particularly female infant mortality
rates, and great inequalities persist both within and
between countries.5 The survival and development
of young girls is inextricably linked with levels of
poverty and extreme poverty. Poverty translates into
a lack of access to appropriate services and
inadequate living conditions that put the survival and
development of young girls at stake. Although
poverty rates have decreased dramatically over the
last twenty years in the region,6 around 167 million
people still live in poverty, roughly 28.8 per cent of
1 United
Although the situation has
improved, infant mortality
rates, particularly female
infant mortality rates, are
quite high, and great
inequalities persist both
within and between
countries.
the population, and 66 million live in extreme
poverty.7 Many studies have shown that women
and girls are the population groups most affected by
poverty. Statistics from the Economic Commission
for Latin America and the Caribbean (ECLAC) clearly
demonstrate that poverty is 1.15 times higher in
women than in men and 1.7 times higher in children
than in adults.8 This means that many girls live in
poverty with high levels of risk to their survival and
development. In many countries of the region, girls
do not have equal access to services due to a range
of factors, many of which bear the mark of gender
discrimination and inequality. Many poor families
continue to prioritize access to medical services,
food and education for their male children as they
consider them more likely to find better
employment opportunities in later life. Many girls
Nations Children’s Fund (UNICEF), <www.childinfo.org/mortality_imrcountrydata.php>.
CEPALSTAT, <http://estadisticas.cepal.org/cepalstat/WEB_CEPALSTAT/Portada.asp?idioma=i>.
‘The State of the World’s Children 2011’, New York, February 2011, <www.unicef.org/sowc2011/pdfs/SOWC-2011-Main-Report_EN_02092011.pdf>.
4 UNICEF, <www.childinfo.org/mortality.html>.
5 UNICEF, The State of the World’s Children 2011, New York, February 2011.
6 Supra n. 1.
7 ECLAC, ‘Social Panorama of Latin America and the Caribbean 2012’, 2012, <www.cepal.org/publicaciones/xml/4/48454/SocialPanorama2012DocI.pdf>.
8 ECLAC, ‘Social Panorama of Latin America and the Caribbean 2009, 2009’, <www.eclac.org/publicaciones/xml/0/37840/PSI2009-full-text.pdf>.
2 ECLAC,
3 UNICEF,
23
24
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
In many countries of
the region, girls do
not have equal access
are unable to access services while they face the
worst health conditions. Information from UNICEF
and the Pan-American Health Organization (PAHO)
reveals a worrying situation in the health indicators
for both boys and girls in Latin America and the
Caribbean, where 9,500 expectant mothers and
160,000 new-borns die from causes that are entirely
preventable each year.9
Adequate nutrition, good health and a secure home
environment during the early years are essential to
ensure appropriate later development and success
in life for girls. Even though conditions have
improved in the region, many girls still die at a very
early age and others do not experience the same
conditions and opportunities as boys, meaning they
are unable to develop in conditions of equality.
to services due to a
range of factors,
many of which bear
the mark of gender
discrimination and
inequality.
Disease prevention and immunization
Disease prevention and immunization programmes
have proven to be highly cost-effective and
successful ways to ensure that children survive in
their first years of life. Since its inception in 1974,
the World Health Organization (WHO) Expanded
Programme on Immunization has significantly
improved immunization coverage for children
worldwide against the six major vaccine-preventable
diseases (diphtheria, measles, pertussis, polio,
tetanus and childhood tuberculosis). Vaccination
coverage for DPT3 has increased from 20 per cent
in 1980 to 83 per cent in 2011 globally.10
Immunization coverage for measles exceeded the
target 90 per cent to reach a total of 93 per cent of
children vaccinated by 2011. Vaccination coverage
for measles in this region is the best in the world.11
9 UNICEF
10 UNICEF
11 ECLAC,
and PAHO, Press release ‘PAHO/UNICEF join forces to improve maternal and child health in the Americas’, 30 June 2011, <www.unicef.org/lac/media_21039.htm>.
and WHO, ‘Immunization Summary: A statistical reference containing data through 2011’ (The 2013 Edition), <www.childinfo.org/immunization.html>.
Reporte periódico de avance en el ODM4 en América Latina y el Caribe, 2008.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
CEDAW
The right to the highest attainable standard of physical and mental
health brings an implicit obligation for the State to ensure the prevention
of illness by implementing strategies such as the vaccination and
immunization of children.
CEDAW Articles 1 and 12 establish an obligation to ensure that girls
have equal access to programmes for the prevention of illnesses and
immunization. In General Comment 24 on Women and Health, the
CEDAW Committee established that to determine whether measures to
eliminate discrimination in health care are adequate, States must report
on “their health legislation, plans and policies for women with reliable
data disaggregated by sex on the incidence and severity of diseases and
conditions hazardous to women's health and nutrition and on the
availability and cost-effectiveness of preventive and curative measures”.
The Committee also establishes in this General Recommendation that a
health system lacking services to prevent, detect and treat illnesses
specific to women is discriminatory and inadequate.
In practical terms this means that States must:
• Ensure that programmes for the prevention of illnesses take into
account specific needs and health risks for girls. A number of
biological, socio-economic and psychological features affect girls in
particular and have an impact on their health.
• Develop appropriate programmes to address these needs from the
perspective of the girl’s position in society.
• Ensure that girls are not denied access to illness prevention and
immunization programmes.
• Take actions to ensure that girls actually receive these services
(substantive equality), overcoming the social, economic and cultural
factors that frequently limit their access. Simple removal of direct
discrimination in access to these programmes is insufficient and
States must take action to eliminate all the social and cultural barriers
that may prevent girls from participating.
25
26
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Prevention of maternal mortality and morbidity
As most maternal deaths are preventable, the rates
of maternal mortality and morbidity in a given
country can be viewed as a direct indicator of the
situation of gender inequality.
Maternal death rates are extremely high in many
countries of Latin America and the Caribbean, and
they have not decreased significantly in the last
decade. Approximately 22,000 women die from
pregnancy and childbirth-related causes every year
in the region.12 Countries of LAC and sub-Saharan
Africa have the highest proportion of adolescent
births in the world: in both regions, around one in
five babies is born to an adolescent mother.13
Almost 20 per cent of all births in Latin America and
the Caribbean are to adolescent mothers.14 Girls
below 15 years old have a higher probability of dying
in childbirth than women above 20 years old.15 In
2006, for example, 27 per cent of all maternal
deaths occurred in adolescent girls in El Salvador.16
For every maternal death there are a further 135
cases of complications resulting in illness or disability. Many of the women and girls who die from
complications of pregnancy and childbirth come
from poor and rural backgrounds. Five countries in
the region still have higher rates of maternal deaths
than the United States had in the 1950s.17 Current
progress is insufficient to achieve the Millennium
Development Goal of a 75 per cent reduction in
maternal deaths by 2015.18
12 'Mortalidad
Maternal mortality rates
are extremely high in
many countries of Latin
America and the
Caribbean, and they
have not decreased
significantly in the last
decade. Since most
maternal deaths are
preventable, maternal
mortality and morbidity
rates can be viewed as
a direct indicator of the
gender inequality
situation in a country.
Materna y Neonatal en ALC y estrategias de reducción – Síntesis de situación y enfoque estratégico'. PAHO, <www.who.int/pmnch/activities/sintesis_situacionmortalidad_
en_alc.pdf>; UNICEF, ‘Progress for Children: A report card on adolescents, 2012’, <www.unicef.org/media/files/PFC2012_A_report_card_on_adolescents.pdf>; UNICEF, Progress for
Children: A report card on adolescents, 2012. Based on 2006 data. UNICEF, Fast Facts on Adolescents and Youth in Latin America and the Caribbean, New York, s.f.
13 Based on 2006 data. UNICEF, Fast Facts on Adolescents and Youth in Latin America and the Caribbean, New York, s.f.
14 PAHO, 'Mortalidad maternal y neonatal en ALC y estratégias de reducción. Síntesis de situación y enfoque estratégico', <www.who.int/pmnch/activities/sintesis_situacionmortalidad_
en_alc.pdf>.
15 United Nations, ‘The Millennium Development Goals Report 2011’, <www.un.org/millenniumgoals/pdf/(2011_E)%20MDG%20Report%202011_Book%20LR.pdf>.
16 Based on 2006 data. UNICEF, Fast Facts on Adolescents and Youth in Latin America and the Caribbean.
17 PAHO, 'Mortalidad maternal y neonatal en ALC y estrategias de reducción. Síntesis de situación y enfoque estratégico', <http://www.who.int/pmnch/activities/sintesis_situacionmortalidad_
en_alc.pdf>.
18 United Nations, The Millennium Development Goals Report 2011, <http://bit.ly/1nSPnfv>.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
CEDAW
Preventable maternal deaths have been recognized as a human rights
issue by various international human rights mechanisms including the
UN Human Rights Council and the CEDAW Committee.
Under CEDAW, States are obliged to ensure access to appropriate and
quality maternal health care services. In its General Recommendation
24 on Women and Health, the CEDAW Committee states that denying
services required only by women constitutes discrimination. Due to
their reproductive capacity, only women and girls need maternal health
care services. Therefore, States need to ensure access to acceptable,
affordable and quality maternal health care services in a way that also
complies with the standards of the Committee on Economic, Social and
Cultural Rights.
The CEDAW Committee decision on the individual case of Alyne da
Silva Pimentel vs. Brazil established that it is not sufficient for States
to have policies and programmes in place to combat maternal mortality
and morbidity if these are not effective. Furthermore, the Committee
established that the State must pay particular attention to the protection
of those socially marginalized or vulnerable groups of women who are
at greater risk of dying as a consequence of pregnancy and childbirth.
As a result of their youth, pregnant girls are considered to constitute
one of these vulnerable groups and specific attention is therefore due in
order to ensure their access to quality maternal health care services.
27
28
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Maternal mortality and human rights
at the UN Human Rights Council
In 2009, the United Nations Human Rights Council adopted the first-ever resolution on maternal mortality, morbidity and human rights. This resolution recognizes that maternal mortality is a human rights issue that is related to women’s
and girls' right to life, equality and non-discrimination, health, education and
information, among other aspects. It also acknowledges that it is critical to focus
not only on the medical causes of maternal mortality and morbidity, but to
address the underlying socio-economic causes. The resolution also calls States
to redouble their efforts to ensure the reduction of preventable maternal deaths,
particularly for marginalised groups of women and girls. Finally, the Human
Rights Council resolution requested that the Office of the High Commissioner for
Human Rights (OHCHR) commission a study on international standards on
maternal mortality as a human rights issue.
The OHCHR presented the study to the Human Rights Council in 2010. This
document covered all the international standards on maternal mortality as a
human rights issue and outlined the principles of a human rights-based
approach to efforts to combat maternal death and disability. A further Council
resolution welcomed the study and its recommendations and requested a
second study on best practices that integrate a human rights-based approach
into programmes and policies to combat maternal mortality and morbidity. This
study, presented to the Council in 2011, was welcomed by the Human Rights
Council in a further resolution that requested the production of a Technical
Guidance document on the integration of human rights into maternal mortality
and morbidity policies and programmes. This guidance is a very useful tool for
policymakers, healthcare providers, civil society organizations, donors and other
relevant actors providing a structure for concrete integration of a human rightsbased approach to maternal mortality and morbidity planning. The guidance
elaborates on the principles of non-discrimination, participation, international
cooperation and assistance, monitoring and evaluation. It also outlines the
different types of accountability mechanisms (judicial, administrative, quasijudicial) that can be developed to identify gaps and deficiencies in existing
programmes and to provide redress for victims.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Chronic malnutrition affects 15 per cent of
both girls and boys younger than 5 years
old in Latin America and the Caribbean.
Nutrition
UNICEF states that globally: “programme coverage
and practice data that are disaggregated by sex
reveal no significant differences on the basis of
gender. But further disaggregation of data from
some countries indicates there might be differences
in the feeding and care of girls compared to boys,
presumably stemming from power relations and
social norms that perpetuate discriminatory attitudes
and practices.”19
In Latin America and the Caribbean, levels of child
nutrition have generally improved, but enormous
disparities and inequalities persist. There are great
inequalities between countries (4 per cent child
chronic malnutrition in Jamaica against 48 per cent
in Guatemala)20 and within countries - depending on
location (urban or rural) and ethnicity (non-afro
descendant or non-indigenous versus
Afrodescendant or indigenous).21 Indigenous
children under five years of age are two times more
likely to be stunted than non-indigenous children.22
19
According to the UNICEF State of the World’s
Children 2012 report, chronic malnutrition affects 15
per cent of both girls and boys below 5 years old in
the region.23 It is possible that persisting inequality
could combine with the current global economic
downturn, climate change and food crises to worsen
the situation if actions are not taken to counter this.
Effective nutrition programmes with integral gender
and human rights perspectives are fundamental in
preventing mental and physical illness and boosting
the development of girls and boys in society.
Tackling malnutrition reduces the mortality of girls in
the early years and helps foster gender equality.
UNICEF, ‘Tracking Progress on Child and Maternal Nutrition: A survival and development priority 2009’. <www.unicef.org/nutrition/files/Tracking_Progress_on_Child_and_Maternal_
Nutrition_EN_110309.pdf>.
survey of living conditions data set 2007, The Planning Institute and the Statistical Institute of Jamaica, 2009; “Encuesta nacional de salud materno infantil 2008” (ENSMI2008/09). Ciudad de Guatemala, Guatemala: Ministerio de Salud Pública, MSPAS, INE y CDC, 2010.
21 FAO, 'Hambre y cohesión social: Cómo revertir la relación entre inequidad y desnutrición en América Latina y el Caribe', <www.fao.org/alc/legacy/iniciativa/pdf/libcohsoc.pdf>.
22 Lutter CK, Chaparro CM., ‘Malnutrition in infants and young children in Latin America and the Caribbean: Achieving the Millennium Development Goals’, 2008, p. xiv. Pan American
Health Organization: Washington D.C., <www.unscn.org/layout/modules/resources/files/Malnutrition_in_Infants_and_Young_Children_in_LAC,__Achieving_the_MDGs.pdf>.
23 UNICEF, The State of the World's Children 2012, New York, 2012.
20 Jamaica
29
30
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
CEDAW
Malnutrition among girls represents a violation of various human rights,
including the right to food, the right to health, the right to
non-discrimination and equality and the right to an adequate standard of
living. Although malnutrition usually affects both girls and boys, detailed
analysis reveals specific vulnerabilities for girls. Special attention must
be given to the provision of specific programmes to address
malnutrition among girls and to ensure that the special nutritional needs
of girls are met.
In General Recommendation 24 on Women and Health, the CEDAW
Committee noted that the full realization of women’s human rights can
only be achieved if their “nutritional well-being” is guaranteed
throughout their life span “by means of a food supply that is safe,
nutritious and adapted to local conditions”.
Programmes to tackle child malnutrition should take into account the
situation of gender inequality in specific societies and communities and
develop actions to address this in order to ensure the sustainability and
effectiveness of these programmes. For example, if the programme
includes the provision of food supplies for families but no other actions
are taken, then it is possible that many families may continue prioritizing
boys in access to food. Therefore, these programmes should include
gender awareness elements and information about the importance of
nutrition of girls. Incentives to provide equal access to food supplies for
girls is also an important strategy.
These programmes must also take into account girls’ specific nutritional
needs in consideration not only of their gender but also their age and
reproductive status. The nutritional needs of pregnant girls change and
this should be taken into account.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
The life cycle of a girl
who receives an
education is different
from that of one who
does not. Research
clearly demonstrates
that a higher level of
education delays
marriage and the
birth of the first child,
decreasing rates of
early pregnancy.
Education also fosters
the autonomy and
self-esteem of girls
and women, having a
positive impact
across many aspects
of their lives.
24 ECLAC
b. Girl’s Right to Education
The situation of access to education in Latin America
and the Caribbean has improved greatly over the last
decade. Literacy rates for boys and girls have
increased significantly in most countries of the region
to reach 97.4 per cent for women and girls aged
between 15 and 24 years and 97 per cent for men and
boys of the same age in 2010.24 In 2005, 3.9 per cent
of girls in this age bracket were illiterate compared
with 4.6 per cent of boys.25
Despite these advances, great challenges still remain.
Over eight million young people in Latin America and
the Caribbean aged 15 to 24 have not completed
primary school, equivalent to almost one in twelve
young people.26 Over 22 million boys, girls and
adolescents are not in school or are at risk of dropping
out. Additionally, a large proportion of boys and girls
enter the educational system late (15.6 million are at
least two years behind) and there are high rates of
grade repetition. The quality of educational provision
also needs to be greatly improved.27 Girls and
adolescent girls with disabilities or from indigenous
and Afrodescendant groups and those living in rural
areas are at greater risk of exclusion or grade
repetition. Less than 50 per cent of rural secondary
school-age girls and boys are currently attending
school.28
, CEPALSTAT. Available at: <http://estadisticas.cepal.org/cepalstat/WEB_CEPALSTAT/Portada.asp?idioma=i>
UNIFEM, “Estadísticas para la Equidad de Género: magnitudes y tendencias en América Latina”, Vivian Milosavljevic, 2007.
'Education for All Global Monitoring Report 2012, Putting Education to Work'. <http://unesdoc.unesco.org/images/0021/002180/218003e.pdf>.
27 UNICEF, UNESCO, 'Finishing School. A Right for Children’s Development: A Joint Effort. Executive Summary', 2012. <www.uis.unesco.org/Education/Documents/oosci-lac-executivesummary-2012-en.pdf>.
28 Ibid.
25 ECLAC,
26 UNESCO,
31
32
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Girls and adolescent girls who live in rural areas have a greater risk
of school exclusion or grade repetition than those who are not. In
fact, less than 50 per cent of both girls and boys who are from rural
areas and of secondary school-age currently attend school.
Achieving gender equality is still a challenge,
although great improvements have also been made
toward this goal. In the 1990s, Latin America and
the Caribbean achieved top equality indicators in
primary schooling, with equal access between boys
and girls, and in secondary and tertiary education,
girls’ access to education actually exceeded that of
boys. According to the Economic Commission for
Latin America and the Caribbean, in 2008, 55 per
cent of women between 20 and 24 years old
completed secondary education, in comparison with
only 49 per cent of men.29
These statistics reflect the achievement of formal
equality in access to education, but that does not
necessarily indicate the achievement of substantive
equality in the educational setting. Girls still face
gender discrimination in schools that often
determines their learning experiences and
compromises their future development. Very often
the school system reinforces gender roles and
stereotypes that perpetuate gender discrimination
and inequality. Girls also face sexual harassment and
sexual abuse from classmates or teachers in
schools.30 Although there is insufficient data to truly
reflect the magnitude of sexual violence against girls
in schools, the research available indicates that this
may be a pervasive problem in the region.31
29 ECLAC,
Furthermore, this equality in education coexists with
a situation of gender discrimination in employment.
Women still have less job opportunities and are paid
less for the same job. Most women still work in the
informal sector where they experience the worst
employment conditions.32 Better education has not
always meant greater access to employment and
wider development opportunities for women in Latin
America and the Caribbean. Equality in education
must be understood as just one part of a wide range
of policies and programmes to tackle gender
inequality within social, economic and cultural
structures and institutions.
Guaranteeing gender equality in education has
important long term effects that will reach far
beyond the current generation. The life cycle of a girl
who accesses education is different from that of
one who does not attend or who drops out from the
school system. Research clearly demonstrates that
a higher level of education delays marriage and the
birth of the first child, decreasing rates of early
pregnancy. Furthermore, education fosters the
autonomy and self-esteem of girls and women,
having a positive impact across many aspects of
their lives.
CEPALSTAT, 2010, <http://estadisticas.cepal.org/cepalstat/WEB_CEPALSTAT/Portada.asp?idioma=i>.
‘Violence in Schools in Latin America and the Caribbean: Surface and Depth – Executive Summary’, 2011, <http://planinternational.org/files/Americas/publications%20-%20
english/violence-in-schools>.
31 World Bank, ‘Addressing Violence against Women within the Education Sector, 2012, Washington: Gender and Development Group’, <http://siteresources.worldbank.org/INTGENDER
/Resources/Education.pdf>.
32 ECLAC, ‘The Millennium Development Goals: A Latin American and Caribbean perspective’, 2005, <www.latinamerica.undp.org/content/dam/rblac/docs/Research%20and%20
Publications/MDG%20Reports/2005.pdf>.
30 UNICEF,
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Article 10 of CEDAW establishes that women and girls should
not be discriminated against in the educational field and that
States should guarantee equality in education by taking the
following measures:
• Provision of the same information and counselling
regarding careers and educational opportunities as is
offered to boys.
• Access to the same educational opportunities offered to
boys (programmes, curricula, teachers, equipment and
infrastructure).
• Elimination of all gender stereotypes within education at all
levels.
• Access to the same opportunities to obtain scholarships
and incentives to continue studying as are offered to boys.
• Reduction of female drop-out rates.
• Provision of the same opportunities to actively participate
in sports as are offered to boys.
• Access to specific information to ensure the health and
well-being of families.
The CEDAW Committee has repeatedly expressed concern
over the persistence in Latin American and Caribbean
countries of structural barriers that undermine de facto
access to educational opportunities for girls, such as
gender-segregation and the lack of diversified educational
opportunities for girls. The Committee has recommended
States tackle these structural barriers and eliminate gender
stereotypes and discrimination from textbooks and school
curricula.
33
34
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Other relevant human rights standards
on girls' right to education
The Committee on the Rights of the Child established in General
Comment 1 on the Aims of Education that “… gender
discrimination can be reinforced by practices such as a curriculum
which is inconsistent with the principles of gender equality, by
arrangements which limit the benefits girls can obtain from the
educational opportunities offered, and by unsafe or unfriendly
environments which discourage girls’ participation.”
(Committee on the Rights of the Child, General Comment 1
“Article 29 (1) The aims of Education”, CRC/GC/2001/1, 17 April
2001).
The Committee on Economic, Social and Cultural Rights explicitly
stated in General Comment 13 on the Right to Education that the
“enjoyment of the right to fundamental education is not limited by
age or gender” and established that “State parties are obliged to
remove gender and other stereotyping which impedes the
educational access of girls, women and other disadvantaged
groups”.
(Committee on Economic, Social and Cultural Rights, General
Comment 13 “The Right to Education”, E/C.12/1999/10, 8
December 1999).
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
The general context of gender discrimination and inequality
and their resultant vulnerability mean that girls are at greater
risk of the violation of their right to sexual and reproductive
health than boys. This right includes protection against sexual
violence and the right to decide over their bodies without
coercion or violence.
c. Girl’s Right to Health, including Sexual and
Reproductive Health
Girls have the right to the highest attainable
standard of health, as recognized in various
international human rights treaties including
CEDAW, the Convention on the Rights of the Child
and the International Covenant on Economic, Social
and Cultural Rights. As has been shown in other
sections of this document, mortality rates due to ill
health among girls are still high in the region,
despite the progress made.
risk of being subjected to sexual violence and other
forms of gender-based violence. Many girls are
coerced into early marriage or union, increasing the
possibilities of early pregnancy and putting their life
and health at risk. Girls may be unable to refuse
unwanted sex or resist coerced sex, often as a
result of approaches from family members. In some
countries, over a third of girls report coercion in their
first sexual encounter.34 Girls who become
pregnant are less likely than adult women to access
skilled care during pregnancy and childbirth.35
Protection of their sexual and reproductive health is
of particular importance for young girls, and this
particular strand has been recognized as an integral
part of the right to health by UN human rights
bodies and other mechanisms. The International
Conference on Population and Development (ICPD),
held in Cairo in 1994, acknowledged that sexual and
reproductive health is fundamental for individuals
and for the social and economic development of
communities and nations. This conference moved
away from narrow population control approaches
toward practices that placed girls and women, and
their rights, at the forefront and centre of population
policies.33
Girls have the right to the highest attainable
standard of sexual and reproductive health.
However, the general context of gender
discrimination and inequality and their resultant
vulnerability mean that girls are at a greater risk of
the violation of their right to sexual and reproductive
health than boys. This right includes protection
against sexual violence and the right to decide over
their bodies without coercion or violence. The right
to sexual and reproductive health also includes the
right to access sexual and reproductive health
services, information and supplies that are
acceptable, affordable and of good quality.
As is stated in the section on violence against girls,
in Latin America and the Caribbean, girls face a high
33 Programme
of Action of the IV International Conference on Population and Development, adopted by consensus in Cairo on 1994.
34 WHO, ‘Preventing Early Pregnancy and Poor Reproductive Health Outcomes among Adolescents in Developing Countries: what the evidence says’, WHO/FWC/MCA/12.02,
<http://whqlibdoc.who.int/hq/2012/WHO_FWC_MCA_12_02.pdf>.
35 Ibid.
35
36
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Girls who get pregnant before age 15 have greater risks of
dying during pregnancy and childbirth. Early pregnancy
is also a barrier to their possibilities of completing school and
obtaining better employment.
Across the world, about 16 million adolescent girls
between the ages of 15 and 19 years give birth
annually. This accounts for roughly 11 per cent of all
births worldwide. Complications related to pregnancy and childbirth account for the deaths of some
50,000 adolescent girls each year and are among
the leading causes of death in girls of this age
group.36
In Latin America and the Caribbean, sexually
transmitted infections (STIs) affect one in every
twenty adolescents every year. STIs and HIV are
among the leading causes of mortality in
adolescents between the ages of 15 and 24 years.37
Discrimination against girls and their lower social
status make them more vulnerable to acquiring STIs
and HIV as they have insufficient power to negotiate
condom use and to refuse sexual encounters.
Early pregnancy poses high risks to girls’ health and
well-being. Girls who get pregnant before the age of
15 have greater risks of dying during pregnancy and
childbirth. In addition, early pregnancy hampers their
possibilities of completing school and obtaining
better employment. Very often, girls who become
pregnant are made to leave school and they
encounter difficulties when attempting to return to
education.
36 UNICEF,
In Latin America and the Caribbean, adolescent
fertility has not declined as systematically as in other
regions of the world, nor has it remained in line with
the decrease in adult fertility. Latin America and the
Caribbean is the region with the third highest fertility
rate in the world.38 Half of the countries in the
region have adolescent fertility rates of over 70
births for every 1,000 women between the ages of
15 and 19 years. Between 2000 and 2010, nearly
one of every five births (18 per cent) in Latin
America and the Caribbean was to adolescent girls
between 15 and 19 years of age.39
Between 67 and 89 per cent of adolescent mothers
do not attend school, compared to 14 to 35 per cent
of childless adolescent girls. Women who have their
first child during adolescence complete at least two
or three years less education than women who do
not have children at that age.40
Improving the sexual and reproductive health of
adolescent girls is critical in advancing their enjoyment of their human rights. Greater sexual and
reproductive health would have positive consequences on their development, grant them greater
autonomy and allow them better educational and
employment opportunities.
Progress for Children: A report card on adolescents, 2012.
‘Health in the Americas 2007’: scientific publication, No. 622, 2007, <www.1.paho.org/hia/vol2paisesing.html>.
from 79 countries. UNFPA, 'State of the World Population 2013: Motherhood in Childhood: Facing the challenge of adolescent pregnancy', <www.unfpa.org/webdav/site/
global/shared/swp2013/EN-SWOP2013-final.pdf>.
39 UNICEF, Progress for Children: A Report Card on Adolescents, 2012; WHO, 'Adolescent pregnancy', <www.who.int/maternal_child_adolescent/topics/maternal/adolescent_pregnancy/en/>.
40 Ibid.
37 PAHO,
38 Data
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
CEDAW
Article 12 of CEDAW protects girls' right to the highest
attainable standard of physical and mental health without
discrimination and in conditions of equality. This entails the
obligation to ensure the accessibility, availability, acceptability
and good quality of health care facilities, goods and services.
CEDAW indicates that women and girls have very specific
health needs and risks determined by their biology and their
social and cultural contexts. These needs should be taken into
account when developing policies and programmes for the
protection of girls' right to health. The health services provided
for girls should be adapted to their age and culture, and they
should be gender sensitive.
General Recommendation 24 of the CEDAW Committee on
Women and Health, recognizes that in many countries
adolescent girls lack the necessary and appropriate information
and services to protect their sexual and reproductive health. It
also recognizes that “as a consequence of unequal power
relations based on gender, women and adolescent girls are
often unable to refuse sex or insist on safe and responsible sex
practices”. Thus, this recommendation establishes that States
should ensure adolescent girls have access to appropriate
sexual and reproductive health education and services that
respect their privacy and confidentiality.
37
38
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Other relevant human rights
standards on adolescent girls’
sexual and reproductive health
The UN Special Rapporteur on the Right of Everyone to the Enjoyment of the
Highest Attainable Standard of Physical and Mental Health issued a report on
the right to sexual and reproductive health in 2004. In this document, the
Rapporteur stated that sexual and reproductive health forms part of the right to
the highest attainable standard of health, and provided an outline of the relevant
human rights standards on this issue. Building on the right to health framework
of accessibility, availability, acceptability and quality, the report explores the
content of the rights to sexual and reproductive health and outlines the scope of
State obligations.
The report also explains the importance of sexual and reproductive health to
achievement of the Millennium Development Goals.
(Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest
Attainable Standard of Physical and Mental Health, Paul Hunt, The right of
everyone to the enjoyment of the highest attainable standard of physical and
mental health, E/CN.4/2004/49, 16 February 2004).
In General Comment 4 on Adolescent Health, in the context of the Convention
on the Rights of the Child, the CRC recognizes the importance of establishing
specific programmes and policies to address the sexual and reproductive health
of adolescents. These programmes should guarantee “access to information on
family planning and contraceptives, the dangers of early pregnancy, the prevention of HIV/AIDS and the prevention and treatment of sexually transmitted
diseases (STDs)” for adolescents. According to the Committee, such information
and services should be provided to adolescents of any marital status regardless
of the consent of their parents or legal guardians. The General Comment places
particular emphasis on the situation of adolescent girls and the need to ensure
the provision of sexual and reproductive health programmes that address their
specific needs.
(Committee on the Rights of the Child, General Comment 4 on Adolescent
Health, CRC/GC/2003/4, 1 July 2003).
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
CEDAW
Early pregnancy is a violation of girls' rights to equality and
non-discrimination, health, and equality in marriage and family
relations. General Comment 24, Article 12 on Women and
Health establishes that early pregnancy should be addressed
by providing girls with appropriate and good quality sexual and
reproductive health services and information.
The CEDAW Committee has expressed concern to countries
in the region over the high rates of adolescent pregnancy and
the role of this situation in secondary school drop-out rates.
The Committee has recommended States to take measures
to prevent unwanted pregnancies among adolescents.
The CEDAW Committee suggests measures such as
prosecution for men who have intercourse with underage
girls and education on responsible parenthood and shared
responsibilities in the upbringing of children to increase
awareness among boys and girls.
39
40
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Throughout the past
decade, the proportion of
new HIV infections of
women and girls has
increased drastically in
Latin America and the
Caribbean. Among
possible contributing
factors are early
marriage and early union
and violence against
women and girls.
Girls and HIV and AIDS
Globally, there are 1.3 million adolescent girls (10-19
years) living with HIV as compared with 780,000
adolescent boys (10-19 years).41 Throughout the
past decade, in Latin America and the Caribbean,
the proportion of new HIV infections of women and
girls has increased drastically. Girls are especially
vulnerable to and disproportionately affected by HIV
infection due to biological, social, economic and
cultural factors that are entrenched in gender-based
inequality.
Early marriage and early union expose girls to
various health risks including exposure to HIV. In
addition, violence against women and girls is both a
cause and a consequence of the spread of HIV.
Girls’ lower position in society and unequal power
41 UNICEF,
relations make them more vulnerable to the risk of
contracting HIV as they are unable to refuse sexual
intercourse or to negotiate condom use.
Girls with HIV and AIDS face broader discrimination
in their families, communities and societies. They
are discriminated against on the basis of both
gender and HIV status, deepening their social and
economic inequality and furthering poverty.
However, the evidence suggests that women and
girls are more likely to receive proper treatment,
although in a limited way: The fact that ante-natal
clinics are the mechanism through which HIV is
detected among pregnant girls and pregnant women
also provides them with more access to diagnostics
and treatment than men and boys, who in general
‘Promoting equity for children living in a world with HIV and AIDS’, 2012, <www.unicef.org/aids/files/PromotingEquity_Final.pdf>.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Approximately half of all new HIV infections occur
in women and girls in this region, and young
women are nearly two and a half times more likely
to be infected with HIV than young men.
access the health system years after infection and
almost always when ill.
Globally, young women make up more than 60 per
cent of all young people living with HIV,42 and girls in
the 15-24 year age bracket are the group most
vulnerable to HIV infection. Indeed, the rate of
infection for this group is nearly twice that of their
male peers. According to UNAIDS data for 2009, 3.2
million women between 15 to 24 years of age were
living with HIV, compared to 1.7 million same-aged
males.43
For example, there are 68,000 adolescents living
with HIV in Latin America and the Caribbean, of
which more than half (51 per cent) are adolescent
girls.44
In the Caribbean, HIV and AIDS is increasingly
affecting adolescent females.46 Approximately half
of all new HIV infections occur in women and girls in
this region, and young women are nearly two and a
half times more likely to be infected with HIV than
young men.47
Latin America and the Caribbean is slowly following
this trend. Girls and women make up an increasing
proportion of people living with HIV in the region.
42 Young women aged 15-24. UNICEF, ‘Opportunity in Crisis: Preventing HIV from early adolescence to young adulthood’, 2011, <www.unicef.org/media/files/Opportunity_in_Crisis_LoRes
_EN_05182011.pdf>.
43 UNICEF, Opportunity in Crisis: Preventing HIV from early adolescence to young adulthood, 2011. Table 1.
44 UNICEF, Progress for Children: A report card on adolescents, 2012. Figure 5.6, Adolescents and HIV, 10-19 years old.
45 UNAIDS, <www.unaids.org/en/regionscountries/regions/caribbean/>.
46 UNICEF, Fast Facts on Adolescents and Youth in Latin America and the Caribbean, New York, s.f.
47 UNAIDS, ‘Women, Girls, Gender Inequality and HIV, Fact sheet’, 2011, <www.unaids.org/en/media/unaids/contentassets/documents/factsheet/2012/20120217_FS_WomenGirls_en.pdf>.
41
42
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
CEDAW
The CEDAW Committee, in its General Recommendation 15 on the Avoidance of
discrimination against women in national strategies for the prevention and control
of acquired immunodeficiency syndrome (AIDS), established that States should
redouble efforts to increase public awareness of the risks of HIV infection among women
and girls.
In this General Recommendation, the Committee calls on States and other relevant actors
to place special attention on the rights and needs of women and children in HIV response.
In order to fulfill their obligations to protect girls' right to health, States need to adopt
effective measures to prevent the spread of the infection. At the same time, they need to
ensure the adoption of specific policies to address the needs of girls and women living
with HIV.
The CEDAW Convention protects the rights of girls and women living with HIV and AIDS.
According to CEDAW, girls living with HIV and AIDS should not be discriminated against by
their families and communities, and they should enjoy equal access to education, health
services and employment opportunities.
d. Girls’ right to be free from violence,
exploitation and abuse
Violence against girls
Girls are particularly vulnerable to violence and
abuse, especially by members of their families, and
they are consequently at risk of physical and
psychological harm as well as unwanted and early
pregnancy. The UN General Assembly resolution on
the International Day of the Girl Child recognizes the
need to break the cycle of violence and
discrimination by empowering girls and promoting
and protecting the full enjoyment of their human
rights.48
48 UN
Sexual, domestic and institutional violence against
women and girls is a critical problem in all of the
countries of Latin America and the Caribbean.
Although there is a lack of detailed data on the
situation of violence against girls in the region,
existing data indicates that between 10 and 36 per
cent of women and girls have been subjected to
physical or sexual violence.49 Estimates state that
roughly 6 million children and adolescents suffer
from severe abuse each year and that 80,000 die
annually from causes related to domestic violence in
Latin America and the Caribbean.50 Sexual abuse
against children is often not reported to the
General Assembly, International Day of the Girl Child, A/RES/66/170, 30 March 2012.
‘La violencia contra niños, niñas y adolescentes: informe de América Latina en el marco del informe mundial de Naciones Unidas’, 2006, <www.unicef.org/republicadominicana/
Estudio_violencia(4).pdf>.
50 Ibid.
49 UNICEF,
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Girls who are victims of
violence have a higher
risk of dropping out
from school and are
more likely to repeat
situations of violence in
their adult life. Sexual
violence against girls
can cause an unwanted
pregnancy or lead to a
sexually transmitted
infection or HIV.
authorities, and in 8 out of 10 cases the perpetrator
is the father, husband or another family member.51
Latin America and the Caribbean has a population of
more than 222 million children.52 It is one of the
most unequal regions in the world, with one of the
highest rates of violence, an element that falls
disproportionately upon women and girls. According
to a report from the Inter-American Development
Bank, approximately 7 million boys, girls and
adolescents living in the streets of the region have
been forced from their homes by domestic violence,
abuse and economic exploitation.53
51 Ibid.
52 United
Violence against girls puts the enjoyment of all their
human rights at stake. Girls who are victims of
violence have greater risk of dropping out from
school, and their health may be compromised.
Sexual violence against girls can cause an unwanted
pregnancy or lead to a sexually transmitted infection
or HIV, with the ensuing grave consequences on
their life and health. If a girl lives in a situation of
violence, then she is more likely to repeat situations
of violence during her adult life.
Many countries in the region have changed their
legislation in order to punish and sanction genderbased violence. Most now have laws to punish
domestic violence and to combat sexual offenses,
although only a few punish feminicide and sexual
harassment.
Despite advances in regulations and law, genderbased violence against women and girls is rampant
in the region. There is a need for redoubled efforts
to tackle gender-based violence from a multidimensional approach. Particular attention should be
placed on girls who are more vulnerable to violence.
Nations Department of Economic and Social Affairs, Population Division, World Population Prospects: The 2012 Revision, New York, 2013.
La violencia contra niños, niñas y adolescentes: informe de América Latina en el marco del informe mundial de Naciones Unidas, New York, 2006.
53 UNICEF,
43
44
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
CEDAW
Violence against women and girls has been recognized as a
human rights violation by international and regional human rights
bodies. Furthermore, gender-based violence impairs and nullifies
the enjoyment of a wide range of women’s and girls' human
rights, including the right to life, equality, freedom from torture and
cruel, inhumane and degrading treatment and the right to personal
integrity, among other rights.
In General Recommendation 19, the CEDAW Committee stated
that violence against women is a form of discrimination against
women and it therefore falls under its mandate. The Committee
recognized that violence against women can take many forms
(physical, sexual, psychological), and that it occurs in both public
and private spheres.
States should refrain from any act of violence against girls but
should also take all reasonable measures to prevent, investigate
and punish all acts of gender-based violence committed by private
actors. This element is known as the standard of due diligence,
and it is enshrined in this General Recommendation.
In order to comply with their obligations, States should also
provide adequate legal, medical and psychological care for women
victims of violence, while also ensuring protective mechanisms
and measures are in place for women who report acts of violence
to the authorities.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Other relevant human rights standards
At the regional level, the Organization of American States (OAS)
has the only legally-binding instrument that focuses directly on
gender-based violence: the Inter-American Convention on the
Prevention, Punishment and Eradication of Violence against
Women (known as the 'Belem Do Para Convention'). The Belem
Do Para Convention recognizes that violence against women is a
human rights violation that also puts a wide range of women’s
human rights at stake. It is an instrument that clearly outlines the
legal obligations of States to prevent, punish and sanction violence against women as well as their obligation to provide legal,
medical, psychological and other services to women victims of
gender-based violence. The Convention establishes that States
have certain immediate obligations including: the criminalization
of all forms of gender-based violence; the establishment of appropriate judicial and administrative mechanisms to provide adequate
remedies and redress for victims of violence; the investigation of
all acts of gender-based violence regardless of whether they are
committed by public or private actors, and; the ensured protection
of survivors of violence. There are also progressive obligations
under the Convention including: the modification of gender roles
and stereotypes that perpetuate violence and discrimination; the
establishment of adequate education programmes and campaigns; the provision of training on the causes and consequences of
violence against women for all authorities, and; the provision of
specialized services and assistance for victims of gender-based
violence.
The Belem Do Para Convention forms a cornerstone of the international human rights framework, and the Inter-American Commission on Human Rights and the Inter-American Court monitor State
compliance with this Convention allowing them to set important
precedents and jurisprudence in the region.
45
46
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
There is no concrete data
available on the number of
persons trafficked each year
from Latin America and
Caribbean, yet relevant studies
all agree the phenomenon is
rampant in the region and is
fed by factors that include lack
Trafficking of girls
Trafficking of girls is a modern form of slavery that
has unfortunately grown in magnitude and extent to
become a major human rights concern. Women and
children are especially vulnerable to becoming
victims of trafficking. Women and girls are trafficked
for different purposes, but mostly for sexual
exploitation or forced labour. This practice
constitutes violence against women and girls and is
a form of gender discrimination.
There is no concrete data available on the number of
persons trafficked each year, but it is clearly a
large-scale problem. The U.S. State Department
estimates that by the end of 2011-2012, roughly
800,000 people are trafficked each year in Latin
America and the Caribbean (representing an
increase from more than 700,000 people that were
estimated to be victims of trafficking by the end of
2001-2002), with between 50,000 and 100,000
women and children trafficked into the U.S. alone.54
A 2012 report by the United Nations Office on Drugs
and Crime states that women account for 55 to 65
per cent of all victims of trafficking that are detected
globally, and women and girls together account for
about 75 per cent.55 UNICEF estimates that,
globally, 1.2 million children become victims of
trafficking every year, and 2 million are exploited
through commercial sexual exploitation and
pornography.56
of opportunities, strength of
organized crime networks,
corruption and the increase in
“sex tourism”.
As trafficking operates internationally across the
globe, it is also impossible to know exactly how
many women and girls are trafficked from Latin
American and Caribbean countries each year.
However, relevant studies all agree the
phenomenon is rampant in the region and is fed by
the lack of opportunities, the strength of organized
crime networks, corruption and the increase in “sex
tourism”, among other elements.
Women and girls may fall victims to traffickers in
their efforts to escape the dangers, violence and
exploitation they face in their own homes or
communities. Thus, any attempt to tackle trafficking
must address both the crime element and the
structural situation of gender inequality. Girls in
conflict situations or girl refugees are particularly
vulnerable to trafficking, so special attention must
be paid to these sectors.
54 Congressional Research Service, Trafficking in Women and Children: the US and the International response, 2002; Congressional Research Service, Trafficking in Persons in Latin
America and the Caribbean, 2012.
55 UNODC, Global Report on Trafficking in Persons 2012 (United Nations publication, Sales No. E.13.IV.1).
56 UNICEF Regional Office for Latin America and the Caribbean. Available at: <www.unicef.org/lac/overview_4447.htm>.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
CEDAW
CEDAW Article 6 focuses on the trafficking of women and
girls. It establishes that State parties should take all appropriate
measures, including legislative action, to prevent and punish all
forms of trafficking in women and exploitation of prostitution of
women. The fact that the Convention has a specific article on
this issue is highly relevant and is demonstrative of the extent
of the practice and the higher vulnerability of women and girls
to trafficking and sexual exploitation.
The CEDAW Committee routinely requests information on the
measures taken by State parties to address the trafficking of
women and girls. It has clearly stated the importance of specific
laws to prevent trafficking and efforts to ensure that the laws
are adequately implemented and that protection is provided to
the victims of trafficking. The Committee has also requested
that States provide appropriate care and assistance services for
the survivors of trafficking.
47
48
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
In some countries of Latin America and the Caribbean, the legal
age of marriage is lower for girls than for boys, with the legal
age of marriage for girls as low as 12 years old. The average age
of marriage or union for girls is usually lower in rural and
indigenous communities, where the practice is seen as part of
traditional norms.
e. Early marriage and early union
Early marriage and early union are still a leading
issue for most developing countries, despite the fact
that the negative consequences of these practices
have been clearly demonstrated for some time.
Thirty-five per cent of girls in developing countries
marry before they reach 18 years old, and
approximately 12 per cent are married by the age of
15.57
In Latin America and the Caribbean, over a quarter
(29 per cent) of young women were married or in
union by the age of 18, with 8 per cent married or in
union by the age of 15.58 In fact, the legal age of
marriage is lower for girls than for boys in some
countries, reflecting a situation of gender inequality
in both law and practice. Some countries of Latin
America and the Caribbean have legal ages of
marriage as low as 12 years old.59 The average age
of marriage or union for girls is usually lower in rural
and indigenous communities, where the practice is
viewed as part of traditional norms.
57 UNICEF,
Marriage and union at a very young age are risk
factors for early pregnancy and for poor reproductive
health outcomes. According to data from the United
Nations Population Fund (UNFPA), 12 per cent of
adolescent girls in Latin America and the Caribbean
between 15 to 19 years of age are currently
married.60 As was established in section c. on
sexual and reproductive health, early pregnancy has
grave consequences for the well-being,
development and future of the girl child. Pregnancy
and childbearing is likely to lead girls into a lifetime
of “domestic and sexual subservience over which
they have no control.”61 Moreover, marriage at a
very young age perpetuates the cycle of poverty and
undermines girls’ access to educational and
employment opportunities. Given the context of
widespread gender discrimination and inequality,
marriage at a very young age also perpetuates
female subordination and lower status within the
family.
Progress for Children: A report card on adolescents, New York, 2012.
on data obtained from 20-24 year old female population. UNICEF, Progress for Children: A report card on adolescents, 2012, Figure 2.10.
A., Atkins E., At What Age?...are school-children employed, married and taken to court? – Trends over Time, 2011, pp. 26-27.
60 UNFPA, State of the World of Population 2013, Motherhood in Childhood: Facing the challenge of adolescent pregnancy, New York, 2013, p. 12.
61 UNICEF, Early Marriage: Child Spouses, UNICEF Innocenti Research Centre, Florence, 2001.
58 Based
59 Melchiorre
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
CEDAW
Article 16 of CEDAW refers to the right of women and girls to
equality within family relations and marriage. It establishes that
States should ensure men and women have equal rights and
responsibilities within the family and marriage, along with the
same right to freely choose their spouse and decide if and when
to marry. It also highlights the equal right of couples to decide
on the number and spacing of their children.
CEDAW also strongly establishes the prohibition of child
marriage and the obligation of States to specify a minimum age
for marriage that should be equal for both men and women.
This article must be read in conjunction with Article 5 of
CEDAW which states that the obligation to ensure family
education includes an adequate understanding of maternity as a
social function and the "recognition of the common
responsibility of men and women in the upbringing and
development of their children".
49
50
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
CEDAW General Recommendation on
equality in marriage and family relations
In 1994, the CEDAW Committee adopted General Recommendation 21 on Equality in Marriage and Family Relations, which
addresses the situation of early marriage as a form of discrimination against girls, as one of its core elements. The Committee
clearly establishes in this text that there is no justification for the
application of different and discriminatory laws or customs for
women and girls in marriage and family relations.
The Committee acknowledges that marriage entails important
responsibilities and should therefore not be permitted until both
men and women have attained full maturity and capacity to act. It
also recognizes the adverse effects of the marriage of under-age
children, particularly girls who are restricted in their autonomy
and educational and employment opportunites as a consequence
of the union. Therefore, the Committee asserts that the minimum
age for marriage should be 18 years for both men and women.
Through this General Recommendation, the Committee calls on
State parties to abolish any provisions built on the incorrect
assumption that women have a different rate of intellectual
development than men as well as any provisions that allow family
members to select the marriage partner of women and girls.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
Inadequate and non-existent
water and sanitation services
disproportionately affect girls
and women, ignoring their
different physical needs that
entail greater privacy when
using toilets and bathrooms,
increasing their vulnerability to
gender-based violence,
particularly rape, when toilets
and bathrooms are inaccessible,
and also hindering their access
to education if bathrooms are
unavailable at schools.
f. Water and sanitation
Water and sanitation are both critical in ensuring
girls’ access to an adequate standard of living. Lack
of water and sanitation contributes significantly to
poor health conditions that threaten the adequate
development and even survival of girls. WHO
estimates that 2.5 billion people around the world
lived without proper sanitation by the end of 2011,
and more than 1 billion people (about 15 per cent of
the world’s population) had no sanitation facilities at
all, practicing open defecation in bushes, ditches,
plastic bags or on railway tracks.62
62 WHO,
The lack of adequate water and sanitation is a
matter of great concern in Latin America and the
Caribbean, where only 40 per cent of the population
have access to proper water and sanitation, and only
13 per cent of water is treated adequately. Every
year, 1.5 million children die from waterborne
diseases,63 a situation that is worst in rural areas
where the water and sanitation infrastructure is less
well developed.64 By the end of 2011, 14 per cent
of rural dwellers in the region were still practicing
open defecation due to lack of adequate sanitation
coverage.65 ECLAC estimates show approximately
43.2 per cent of children between the ages of 0 and
5 years have inadequate access to sanitation, and
almost three in every five boys, girls and
adolescents lack adequate water and sanitation.66
Inadequate and non-existent water and sanitation
services affect girls and women disproportionately.
Firstly, girls and women have different physical
needs that entail greater privacy when using toilets
and bathing. Secondly, inaccessible toilets and
bathrooms make girls more vulnerable to
gender-based violence, particularly rape, and girls
unable to access bathrooms may also be at greater
risk of animal attacks. Furthermore, the lack of
adequate sanitation, particularly toilets in schools,
can hinder women’s access to education.
UNICEF, ‘Progress on Sanitation and Drinking Water, 2013 Update’, <http://apps.who.int/iris/bitstream/10665/81245/1/9789241505390_eng.pdf>.
Vindas, L., ‘Solo el 40% de América Latina tiene acceso a agua potable’, El Financiero, 2010, <http://bit.ly/1qyzj0H>.
Bank, ‘Latin America: Bridging the gap in water access’, 2012, <www.worldbank.org/en/news/feature/2012/08/30/agua-saneamiento-america-latina>.
65 WHO, UNICEF, Progress on Sanitation and Drinking Water, 2013 Update, Figure 12.
66 ECLAC, Surveys in fifteen countries of Latin America and the Caribbean, 2001-2005.
63
64 World
51
52
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
CEDAW
CEDAW does not have a specific article on water and
sanitation, but it does clearly establish the State obligation to
eliminate discrimination in all areas of public and private life.
Thus, reading the Convention in light of the negative and
disproportionate effects of the lack of water and sanitation on
women and girls, the issue implicitly falls under the protection
of the Convention. Furthermore, the lack of water and
sanitation has a negative impact on a wide range of rights
recognized under CEDAW, including the right to health and the
right to education. Given that girls and women from rural areas
are also the population most affected by the lack of water and
sanitation, this would also violate the article protecting rural
women and girls from discrimination.
The CEDAW Committee has expressed initial concerns to
State parties regarding the lack of adequate water and
sanitation and the negative consequences of this on the
enjoyment of human rights by women and girls.
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
The UN Human Rights Council
Resolution on the Right to Water
and Sanitation
In 2010, following a similar resolution by the UN General
Assembly, the UN Human Rights Council adopted a consensus
resolution reaffirming that water and sanitation are human rights
issues. The resolution establishes that “the human right to safe
drinking water and sanitation is derived from the right to an
adequate standard of living and inextricably related to the right to
the highest attainable standard of physical and mental health, as
well as the right to life and human dignity.” This means that water
and sanitation are already covered in existing human rights
instruments, meaning that these rights are both enforceable and
legally binding.
The Council resolution calls on States to take measures to
improve access to water and sanitation and to incorporate a
human rights approach into programmes and policies on this
area. It reaffirms the need to pay particular attention to persons in
vulnerable and marginalised groups and to respect the principles
of non-discrimination and gender equality. This last point is
fundamental as it reaffirms the specific needs of women and girls
regarding water and sanitation, and it commits States to
undertaking actions to address these needs.
(UN Human Rights Council, Human Rights and Access to Safe
Drinking Water and Sanitation, A/HRC/15/L.14, 24 September
2010).
53
54
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
It is estimated that one in every five emigrees from the region is a
girl, boy or adolescent, with girls slightly outnumbering boys.
However, the figures overlook the children left behind by migrating
parents or those born to migrant parents but registered as nationals
of the destination country.
g. Migrant girls
Migration is a phenomenon that cuts across and
underpins the socio-economic situation of most of the
countries in Latin America and the Caribbean, as most
are either countries of origin, transit or destination for
one group of migrants or another. Reasons for migration in the region vary: sometimes in pursuit of better
job opportunities, sometimes for professional reasons
and other times simply to join family members living
abroad. Undocumented migrants, who make up a
large proportion of migrants from the region, are at
greater risk of encountering discrimination, exploitation
and abuse. Moreover, the current economic crisis and
other factors have led to tighter migration policies that
have given rise to situations of further discrimination
and abuse of undocumented migrants, including
sexual exploitation and trafficking.
Approximately 26 million people have emigrated from
Latin America and the Caribbean to the United States
and Europe.67 Although there is no concrete data
available on the number of migrant children, it is
estimated that one in every five emigrees from the
region is a girl, boy or adolescent, with girls slightly
outnumbering boys.68 However, the figures give no
reflection of the complexity of migration, overlooking
the children left behind by migrating parents or those
born to migrant parents but registered as nationals of
the destination country.69
67 ECLAC,
68 Feuk
Many of the children who migrate move across
borders unaccompanied, sometimes in the hope of
joining parents and sometimes to escape situations of
violence and exploitation. Child migration has
somewhat contradictory consequences: while it can
give children greater educational opportunities and
chances of well-being in the country of arrival, it can
also expose them to abuse during the migration
process and to discrimination in the country of arrival.
Just as in other circumstances and contexts, girls and
women are particularly vulnerable to abuses and
human rights violations during the migration process.
As was mentioned earlier, more girls migrate than
boys, reflecting a global tendency of greater migration
among women and girls for economic reasons, to
escape violence or to join families abroad. Migrant girls
are especially vulnerable to sexual violence and
trafficking by smugglers, migration officers and even
other migrants, with unaccompanied girls at a greater
risk of abuse than their accompanied peers.
The Inter-American Court of Human Rights is currently
preparing an advisory opinion on the human rights of
child migrants in response to a request from Argentina, Brazil, Paraguay and Uruguay.
‘International Migration, Human Rights and Development in Latin America and the Caribbean’, Santiago de Chile, 2006, <www.eclac.org/publicaciones/xml/7/23967/DGI-230.pdf>.
R., Perrault N., Delamonica E., ‘Children and International Migration in Latin America and the Caribbean’, ECLAC and UNICEF, Challenges, Number 11, November 2010, pp.4-9
UNICEF, ‘The Many Faces of Child Migration’, Challenges, Number 11, November 2010, p. 2.
69 ECLAC,
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
CEDAW
In CEDAW there is no specific article referring to migrant
women and girls, but many of the other provisions of the
Convention provide a solid framework for their protection.
Firstly, the Convention establishes that women should be
protected against any form of discrimination, including that
based on their status as migrants, whether documented or
undocumented. The Committee also established that violence
against women and girls violates the Convention and that it
should be prevented, investigated and punished by the State.
Thus, under the Convention, States are obliged to protect
migrant girls from discrimination and abuse, regardless of
whether this is committed by private or public actors. In order to
protect their human rights, States must ensure that migrant
girls are not discriminated against in access to education or
health care services, even when undocumented.
The CEDAW Committee has repeatedly questioned States on
the situation of migrant women and girls in their countries. This
issue has been of concern to the Committee for many years
and has been linked with the issue of trafficking in women and
girls.
55
56
What does the CEDAW Convention mean for the
rights of girls in Latin America and the Caribbean?
The International Convention
on the Protection of the Rights of
all Migrant Workers and Members
of their Families
In 1990, the UN General Assembly adopted the
International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their
Families. This is an instrument that protects migrant
workers and their families during the entire process
of migration including departure, transit and the
entire period of stay. The Convention enshrines the
principle of non-discrimination based on all grounds
and it outlines the civil, political, economic and
social rights of all migrant workers and their families. It covers children as family members of migrant
workers and establishes that States should ensure
these children are not discriminated against in
access to school and health services.
Latin America and Caribbean Regional Office
Building 102, Alberto Tejada St., City of Knowledge,
Panama, Republic of Panama
Postal Address: 0843-03045
Telephone: (507) 301-7400
www.unicef.org/lac