CEDAW/C/ZAF/CO/5

UN Convention on the Elimination of All Forms of Discrimination against Women

South Africa (CEDAW 23-11-2021)

The Committee considered the fifth periodic report of South Africa (CEDAW/C/ZAF/5) at its 1839th and 1840th meetings (CEDAW/C/SR.1839 and CEDAW/C/SR.1840), held on Friday 5 November 2021. The list of issues and questions raised by the pre-sessional working group is contained in CEDAW/C/ZAF/Q/5, and the responses of South Africa are contained in CEDAW/C/ZAF/RQ/5.

Concluding observations

E. Principal areas of concern and recommendations

Gender-based violence against women

    1. The Committee acknowledges the efforts to address gender-based violence against women and girls in the State party, including the adoption in 2020 of the National Strategic Plan on Gender-Based Violence and Femicide. However, the Committee notes with concern the persistence of systemic failures in the implementation of legislation and policies to address gender-based violence and of rampant levels of gender-based violence, including femicides, across the State party. In particular, the Committee notes with concern:

      (d)The particularly high risk of gender-based violence against women and girls facing intersecting forms of discrimination, such as lesbian, bisexual and transgender women and intersex persons, refugee women, women with disabilities and women and girls with albinism.

    2. The Committee urges the State party to:

      (a) Raise awareness of women’s human rights among traditional and community leaders and the general public, with the active participation of women’s organizations and women human rights defenders, and on the specific risk of gender-based violence for women and girls facing intersecting forms of discrimination, such as lesbian, bisexual and transgender women; migrant, refugee and asylum-seeking women; women living with disabilities; and women and girls with albinism;

      (b) Ensure systematic training for judges, prosecutors, police officers and other law enforcement officers on the strict application of criminal law provisions on gender-based violence against women and gender-sensitive investigation and interrogation procedures, and create an enabling environment for women and girls to report gender-based violence by addressing the stigmatization of victims, discriminatory stereotypes and judicial gender bias;

      (c) Strengthen victim support services, including adequately funded shelters and safe houses, throughout the State party, in particular in rural and remote areas.

Disadvantaged groups of women

    1. The Committee notes with concern information received on the situation of women and girls facing intersecting forms of discrimination, including lesbian, bisexual and transgender women and intersex persons, migrant, refugee and asylum-seeking women, women living with HIV/AIDS, women with disabilities and women with albinism, and the lack of data on measures taken by the State party to comply with its due diligence obligation to prevent and protect these women from gender-based violence.
    2. The Committee recommends that the State party:

      (a) Ensure that allegations of gender-based violence against women facing intersecting forms of discrimination are promptly investigated, that perpetrators are prosecuted and adequately punished, and that survivors have access to victim support services and adequate reparations;

      (b) Provide information in its next periodic report on the situation of women facing intersecting forms of discrimination, including lesbian, bisexual and transgender women and intersex persons, migrant, refugee and asylum-seeking women, women living with HIV/AIDS, women with disabilities and women with albinism, and on measures taken to address such discrimination.

View / Download original document
View / Download NGO Report by EIU, OII Europe & NNID