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CZECH REPUBLIC – PARALLEL CEDAW REPORT ON COERCIVE STERILIZATION OF ROMANI WOMEN + CEDAW PRE-SESSION PROCESS

 

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See Below – Details on the CEDAW Committee Pre-Session Working Group Process

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PARALLEL REPORT BY THE EUROPEAN ROMA RIGHTS CENTRE CONCERNING THE CZECH REPUBLIC

 

For Consideration by the Committee on the Elimination of Discrimination Against Women at the 63th Pre-Sessional Working Group (27 - 31 July 2015)

 

Direct Link to Full 10-Page 2015 Report: http://www.errc.org/cms/upload/file/czech-cedaw-submission-8-june-2015.pdf

 

EXECUTIVE SUMMARY

 

The European Roma Rights Centre (ERRC)1 submits this parallel report to the United Nations Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) for the attention of the Pre-Sessional Working Group, commenting on the Combined Fourth and Fifth Periodic Report of the Czech Republic, submitted under Article 18 of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (Convention).

 

The present parallel report describes the current situation regarding one of the most serious human rights abuses of women – the practice of coercive sterilisation among Romani women – and the legal, policy and other obstacles in seeking an effective remedy for the victims. The submission focuses only on issues directly related to the practice of coercive sterilisation; i.e. Articles 10 (equal access to education), 12 (equal access to health care services) and 16 (freedom from discrimination in all matters relating to marriage and family relations) of the Convention.

 

This report aims to provide an update on the situation since 2010 when CEDAW last reviewed the Czech Republic.2 It includes an update on the legislative changes, compensation mechanism proposals, updates on court cases, comments on the information provided by the Czech government and recommendations for government action

 

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COMMENTS ON RECOGNIZING STERILISATION OF ROMANI WOMEN AS AN INTERSECTIONAL DISCRIMINATION

 

In its General Recommendation No.28 the Committee has already recognized that discrimination experienced by women as a result of their sex/gender is inextricably linked with other factors that affect women, such as race, ethnicity, religion or belief, health, status, age, class, caste and sexual orientation and gender identity. The systemic involuntary sterilisation of Romani women due to their gender and ethnicity in the Czech Republic is a clear violation of the Convention.

 

 

WORKING METHODS OF THE UN CEDAW COMMITTEE

Go to http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW%2fC%2f2009%2fII%2f4&Lang=en

And then click on UN language translation of choice

 

 

                   A.     Pre-session working group

 

6.       On the basis of drafts prepared by the country rapporteurs, with the support of the secretariat, a pre-session working group of the Committee, also supported by the secretariat, draws up short lists of issues and questions with regard to reports which the Committee will consider at upcoming sessions. In general, each list contains no more than 30 clear and direct questions that focus on major areas of concern with regard to the implementation of the Convention by the State party concerned. In preparing the lists of issues and questions for periodic reports, the pre-session working group pays particular attention to the State party’s follow-up to the Committee’s previous concluding observations. The lists of issues and questions are intended to facilitate the preparations by the State party for the constructive dialogue with the Committee, to provide a focus for the dialogue with representatives of the reporting State and to improve the efficiency of the reporting system.

7.       In order to provide the States parties with the lists of issues and questions well in advance, the pre-session working group meets for five days (in closed meetings) in advance of the session at which the reports will be considered. The pre-session working group is normally composed of five members of the Committee, taking account of the desirability of a balanced geographical distribution and other relevant factors. To the extent possible, the country rapporteurs are members of the pertinent pre-session working group.

8.       The lists of issues and questions are promptly sent to the States parties concerned, usually within one week after the pre-session working group concludes its work. States parties are invited to provide their responses within six weeks thereafter. The lists of issues and questions, together with the responses from States parties, which are United Nations official documents, are translated in the languages of the United Nations and made available on the website of the Office of the High Commissioner for Human Rights (OHCHR).

9.       The State party’s reply to the list of issues and questions should be short, precise and to the point and should not exceed the limit of 25 to 30 pages (Times New Roman type, 12 point font, single-spaced) and should be submitted to the secretariat electronically. States parties may attach a limited number of additional pages of statistical data only. Annexes are made available to the Committee in the language in which they are received.