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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
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- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee against Torture
- Subcommittee on Prevention of Torture
- UN Committee on the Elimination of Discrimination against Women
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UN Committee on the Elimination of Racial Discrimination
- follow-up - UN Committee on the Protection of All Migrant Workers and Their Families
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
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CCPR/C/TGO/CO/4
Last reported: 14 & 15 March 2011
Concluding Observations issued: 28 March 2011
Female genital mutilation: The Committee notes with regret that female genital mutilation continues to be widely practised despite the measures taken by the State party to put an end to it. The Committee is also concerned that the practice is not punished by the Togolese criminal system (arts. 2, 3, 7 and 26).
The State party should continue and expand its efforts to end traditions and customs that are discriminatory and contrary to article 7 such as female genital mutilation.
The State party should step up its efforts to increase awareness about female genital mutilation, particularly in communities where it is still widespread. It should penalise the practice and ensure that those who perform female genital mutilation are brought to justice. (paragraph 13)
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UN Committee on Economic, Social and Cultural Rights
E.C.12/TGO/CO/1
Last reported: 6 and 7 May 2013 Concluding Observations published: 3 June 2013
Issues raised and recommendations given:
Harmful practices: The Committee is concerned about the persistence of the many practices that are harmful to women and girls listed in paragraph 317 of the State party’s report, such as early marriage, forced marriage, or the exploitation of girls in fetishist convents, despite the fact that they are prohibited by law and despite the steps taken by the State party to raise awareness of the matter. The Committee calls upon the State party to redouble its efforts to combat practices that are harmful to women and girls, by, for example, acting on studies that are corroborated by empirical data on the root causes of such practices, paying due attention to their various manifestations in ethnic groups and in customs, and conducting an ongoing awareness campaign to draw attention to such practices. The Committee refers the State party to its general comment No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights. (art. 3) (Para. 14)
Child Labour: The Committee draws attention, with particular concern, to the fact that child labour is widespread in the State party, especially in the most deprived regions. The Committee urges the State party to implement the National Plan of Action to Combat Child Labour and to ensure that it is properly funded. (art. 10) (Para. 20)
Health: The Committee notes with concern the difficulties that the State party faces in upholding the right to health. The Committee notes the inadequacy of the resources allocated to the health sector and the impact that this has on human resources and health infrastructure, as well as the high cost of health care for households, public health problems such as malaria and diarrhoeal diseases, and infant and maternal mortality rates. The Committee urges the State party to: (a) increase the resources allocated to the implementation of the national health policy adopted in 2012 and draw up a timetable for meeting the Abuja objective; (b) ensure that the health policy is drafted with the aim of realizing the right to health; and (c) disseminate and ensure compliance with the Health Code adopted in 2009. The Committee refers the State party to its general comment No. 14 (2000) on the right to the highest attainable standard of health. (art. 12) (Para. 29)
Education: The Committee notes with concern the high illiteracy, dropout and repetition rates in the State party, particularly among girls. The Committee is further concerned that the education system in the State party is affected, inter alia, by a critical shortage of teachers, insufficient infrastructure and the proliferation of primary and secondary schools arising from local initiatives.The Committee recommends that the State party: (a) allocate sufficient resources to uphold the right to education; (b) address the underlying causes of its school dropout and repetition rates and of the disparity between girls and boys with respect to their enjoyment of the right to education; (c) adopt a literacy and non-formal education policy; and (d) ensure that minority languages and human rights are taught at all levels of the education system. The Committee draws the State party’s attention to its general comment No. 13 (1999) on the right to education. (arts. 13 and 14) (Para. 34)
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E/C.12/1/Add.61
Last reported: 9 May 2001
Concluding Observations issued: 21 May 2001
Trafficking: The Committee notes with concern that trafficking in women for the purpose of forced prostitution and of non-consensual labour as domestic servants persists. The Committee also notes with concern that trafficking in persons predominantly concerns children, who are sold as young as two years old for future work on plantations or as house servants. Allegedly, these children are extensively exploited, poorly fed, crudely clothed and inadequately cared for. Although the State party has been undertaking some measures to address these problems, such as conducting public awareness campaigns and organising a workshop for border police and other law enforcement officers on child trafficking trends and judicial remedies, the root causes of these problems have not been adequately addressed. In addition, violence against women continues to be a serious problem, with mechanisms for redress inadequately used and police rarely intervening in domestic violence cases, as is the persistence of female genital mutilation of young girls, despite the governmental measures taken. (paragraph 14)
Education: The Committee expresses its particular concern with regard to the education of children. A pattern of discrimination against children, especially girls, is prevalent in the State party. According to the Human Development Report, 2000, only 70.2 per cent of primary-school-age girls attend primary school, which is 74 per cent of male enrolment. Only 40.0 per cent of secondary-school-age girls attend secondary school, which is 52 per cent of male enrolment. At university level, women's enrolment constitutes only 21 per cent of male enrolment in tertiary education. This inequality is also reflected in the difference in adult literacy rates, which is 38.4 per cent for women, only 53 per cent of the male rate. (paragraph 15)
Recommendations
The Committee recommends that the Government of Togo address the persistence of societal discrimination patterns, in particular in relation to women and girls, and between the various ethnic minorities living in Togo, with a view to eliminating such patterns by adopting appropriate legislative and administrative measures, developing non-discrimination policies, and by taking effective steps to enforce such measures and policies. (paragraph 20)
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CAT/C/TGO/CO/2
Last reported: 12 / 13 November 2012
Concluding Observations issued: 11 December 2012
Issues raised and recommendations given:
Violence: The Committee is concerned by the absence of specific legislation to punish all forms of violence against women, including domestic and sexual violence. It is also concerned by the incidence of violence against women, including marital rape, as well as female genital mutilation and sexual abuse of women in prison. The Committee is concerned by the insufficient progress made in reducing trafficking in persons, especially women and girls, in particular for the purpose of sexual exploitation (arts. 2 and 16). Para 15.
The State party should:
(a) Draft and adopt, as a matter of priority, comprehensive legislation on violence against women, making acts of sexual violence, including marital rape, and domestic violence offences in their own right in the new Criminal Code;
(b) Strengthen efforts to prevent violence against women, including domestic violence, female genital mutilation, violence in prison and trafficking in women and girls, particularly for the purpose of sexual exploitation, and encourage victims to press charges;
(c) Duly investigate, prosecute and, where applicable, punish perpetrators;
(d) Train judges, prosecutors and police officers on the strict application of the law prohibiting female genital mutilation and provide statistics on the number of complaints, investigations, prosecutions and convictions linked to violence against women and female genital mutilation;
(e) Conduct nationwide public awareness campaigns to publicize the prohibition of female genital mutilation.
Redress / rehabilitation for victims: The Committee is concerned that the current criminal legislation does not contain any provisions guaranteeing redress for damage caused to victims of torture. Similarly, there is no procedure in place to request redress for damages resulting from acts of torture. The Committee is also concerned that the only request for redress to date was made by the alleged organizers of the attempted coup, for whom redress was recommended in the report of the National Human Rights Commission published on 27 February 2012. The Commission also called for fair compensation for victims of torture. That recommendation has not yet been fully implemented, as victims and their lawyers were not consulted by the authorities about the compensation recommended by the National Human Rights Commission (arts. 2, 12, 13 and 14). Para 18.
The State party should:
(a) Take legislative and administrative measures to ensure that victims of torture and ill-treatment benefit from all forms of redress, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, and introduce them in criminal legislation;
(b) Provide fair and adequate compensation and redress for as full a rehabilitation as possible to all the victims of torture linked to the events of 2009 described in the National Human Rights Commission’s report;
(c) Provide fair and adequate redress and rehabilitation to all victims of torture and to victims of violence against women and girls, victims of trafficking in persons, and victims of prison violence.
The Committee draws the attention of the State party to its recently adopted general comment No. 3 on the implementation of article 14 (CAT/C/GC/3), which explains and clarifies the content and scope of the obligations of States parties with a view to providing full redress to victims of torture.
Corporal punishment: The Committee is concerned that corporal punishment of children is prohibited in schools but not in social or family situations, where it is reported to be “common and socially acceptable provided that it remains proportionate” (art. 16). Para 19.
The State party should amend its criminal legislation, particularly Act No. 2007-017 of 6 July 2007 on the Children’s Code, so as to prohibit and criminalize all forms of corporal punishment of children in all environments and contexts, in accordance with international standards.
Data collection: The Committee regrets the absence of comprehensive, disaggregated data on complaints, investigations, prosecutions and convictions related to acts of torture and ill-treatment attributed to security service agents, including gendarmes, police officers, prefectural guards and prison guards. Statistical data are also lacking with regard to trafficking in persons, violence against women, including domestic and sexual violence and female genital mutilation, and violence against children (arts. 2, 11–14 and 16). Para 20.
The State party should collect statistical data, disaggregated by age and sex of the victim, that would be useful in monitoring the implementation of the Convention at the national level, particularly data on complaints, investigations, prosecutions and convictions related to acts of torture and ill-treatment attributed to security service agents, including gendarmes, police officers and prefectural guards and prison guards, and on deaths in detention. Statistical data should also be provided on trafficking in persons, violence against women, including domestic and sexual violence and female genital mutilation, and violence against children, as well as on the means of redress, particularly compensation and rehabilitation, from which victims have benefited.
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CAT/C/TGO/CO/1
Last reported: 10 & 11 May 2006
Concluding Observations issued: 15 May 2006
Pre-trial detention: [...] the 48-hour time limit for police custody is allegedly rarely observed in practice, and some people, including children, are held without charge or awaiting trial for several years (arts. 2 and 11).
The State party should revise the provisions of the Code of Criminal Procedure relating to police custody so as to ensure that persons held in police custody are effectively protected from physical and mental harm, including by guaranteeing their rights to habeas corpus, to contact a friend or relative and to consult a lawyer and doctor of their choosing or an independent doctor.
The State party should also bring the practice of pretrial detention into line with international standards of due process and ensure the prompt administration of justice. (paragraph 11)
Detention conditions/ children are not separated from adults: The Committee has noted the worrying detention conditions prevailing in Togo, in particular in Lomé and Kara prisons. The most widespread problems are overcrowding and a shortage of food, poor hygiene and a lack of material, human and financial resources. The treatment of prisoners remains a matter of concern to the Committee. Cases of corporal punishment for disciplinary offences have been reported. Often women and children are not held separately from men and adults, and persons awaiting trial are not separated from those serving sentence (art. 11).
The State party should put an end to practices that run counter to the Standard Minimum Rules for the Treatment of Prisoners. It should also take immediate steps to reduce overcrowding in prisons and the number of people held in pretrial detention, and to ensure that women and children are held separately from men and adults and that persons awaiting trial are separated from those serving sentence. (paragraph 19)
Trafficking: While noting the adoption in Togo in 2005 of legislation relating to trafficking in children, the Committee is concerned by information received that the problem persists, in particular in the north and centre of the country, and that it also affects women (art. 16).
The State party should take the necessary steps to combat trafficking in women and children effectively and to punish those responsible for such acts. (paragraph 26)
Female genital mutiliation: While it takes note of legislation prohibiting female genital mutilation, the Committee remains concerned by the persistence of this practice in certain regions of Togo (art. 16).
The State party should take the necessary steps to eradicate the practice of female genital mutilation, including through nationwide awareness-raising campaigns, and to punish the perpetrators of such acts. (paragraph 27)
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Subcommittee on Prevention of Torture
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/TGO/CO/6-7
Last reported: 4 October 2012
Concluding Observations issued: 8 November 2012
Issues raised and recommendations given:
Stereotypes: The Committee welcomes the organization by the State party of awareness-raising campaigns on the role and place of women in the family and society and the delegation’s statement that the new Code of Persons and Family prohibits the practices of levirate, sororate and widowhood practices. However, the Committee expresses its deep concern at the persistence of adverse cultural norms, practices and traditions, as well as patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and society. It notes that stereotypes contribute to the persistence of violence against women and harmful practices, including polygamy, pre-marriage, forced and early marriage, widowhood practices, levirate, sororate, bondage, female genital mutilation and denial of inheritance rights to women. The Committee is further concerned about the harmful, albeit significantly decreasing, practice of young girls enslaved in voodoo convents and about cases of violence against children and old women believed to be witches. The Committee expresses its deep concern that the State party has not taken sufficient sustained and systematic action to modify or eliminate stereotypes and negative cultural values and harmful practices. Para 20.
21. Recalling that combating negative gender stereotypes is one of the most important factors of social advancement, the Committee reiterates its recommendation that the State party:
(a) Put in place, without delay, a comprehensive strategy with a results-oriented approach, in conformity with articles 2 (f) and 5 (a) of the Convention, to eliminate stereotypes and harmful practices that discriminate against women, such as polygamy, pre-marriage, forced and early marriage, widowhood practices, levirate, sororate, female genital mutilation, denial of inheritance rights to women, bondage of young girls in voodoo convents and violence against children or old women believed to be witches. Such measures should include concerted efforts, within a clear time frame and with civil society, the school system, the media and traditional leaders, to educate and raise awareness about this subject, targeting women and men at all levels of society;
(b) Include in the revised Penal Code provisions prohibiting polygamy, pre-marriage, forced and early-marriage, widowhood practices, levirate, sororate, bondage, female genital mutilation and denial of inheritance rights to women, and provide adequate sanctions; and
(c) Undertake an assessment of the impact of those measures in order to identify shortcomings and improve them accordingly within a clear time frame.
Violence: While welcoming the validation in 2008 of the national strategy to fight against all forms of violence against women, the decrease in the practice of female genital mutilation, the prohibition of sexual harassment and female genital mutilation by the 2007 Child Code, and the conduct of a study on gender-based violence by the Ministry for Promotion of Women in 2010, the Committee remains concerned about: Para 22.
(a) The persistence of violence against women, including rape, sexual harassment at school, in the workplace and the public sphere, early and forced marriages, domestic violence, marital rape and female genital mutilation, especially in some communities;
(b) The delay in adopting the draft law on violence against women and the draft revised Penal Code and the lack of criminalization by the current Penal Code of female genital mutilation, sexual harassment, incest, domestic violence and marital rape;
(c) The lack of information on the impact of the national strategy to fight all forms of violence against women and the lack of sufficient awareness-raising campaigns undertaken in this regard;
(d) The absence of data on cases of gender-based violence reported, prosecution and conviction rates in relation to violence against women and the number, capacity and resources of shelters, counselling and rehabilitation services;
(e) The obstacles faced by women in bringing cases of gender-based violence to courts owing to cultural taboos;
(f) The delay in implementing the recommendations of the report of the Truth, Justice and Reconciliation Commission regarding the political violence that occurred from 1958 to 2005; and
(g) The alleged cases of rape and sexual abuses perpetrated by the police on female opposition activists during the current pre-election period.
23. The Committee urges the State party to:
(a) Adopt without delay a comprehensive law addressing all forms of violence against women and the revised draft Penal Code, and ensure that they criminalize marital rape, incest and female genital mutilation and that they prohibit and introduce adequate sanctions for domestic violence and sexual harassment in school, the workplace and the public sphere;
(b) Incorporate a results-oriented approach, including specific indicators and targets, in the national strategy to fight all forms of violence against women and strengthen its implementation;
(c) Significantly increase its awareness-raising and education efforts, targeted at both men and women, with the support of civil society organizations, in order to combat violence against women;
(d) Collect data on cases of gender-based violence, including the number of complaints, prosecutions and convictions, the sentences imposed on perpetrators of sexual and gender-based violence, and the number, capacity and resources of shelters, counselling and rehabilitation services;
(e) Encourage women and girls victims of violence to report cases to the police, sensitize them about the criminal nature of such acts and ensure the de-stigmatization of victims; ensure effective access of women to courts and tribunals and prosecute all acts of violence against women upon complaint by the victim or ex officio, and adequately punish perpetrators;
(f) Strengthen victim assistance and rehabilitation through the setting up of a comprehensive care system for victims of gender-based violence, including measures to provide them with free legal aid, medical and psychological support, and shelters, counselling and rehabilitation services;
(g) Implement without delay the recommendations of the report of the Truth, Justice and Reconciliation Commission regarding the political violence, including violence against women, that occurred from 1958 to 2005; and
(h) Ensure that those responsible for violations of the human rights of women during the current pre-electoral period are brought to justice and that all acts of sexual violence are punished.
Trafficking: While welcoming the existence of programmes to prevent human trafficking and ensure reintegration of victims, the preparation of a draft law on human trafficking and a draft decree on the establishment of a national commission to fight trafficking, the Committee is concerned about reports thatTogoremains a State of origin, transit and destination for trafficking. The Committee is also concerned by the absence of a strategy aimed at combating human trafficking. Further, it is concerned about the preparation of a draft law that increases the scope of incrimination and sanctions for sex workers in cases of soliciting. Para 24.
25. The Committee recommends that the State party:
(a) Carry out a study to investigate the scope, extent and causes of human trafficking and forced prostitution, particularly of women and girls, including through the collection and analysis of data on trafficking and exploitation of women in prostitution, and provide information on the results of the study, along with data disaggregated by sex, in its next periodic report;
(b) Finalize and adopt the law on human trafficking and ensure that it fully complies with article 6 of the Convention so as to strengthen mechanisms for the investigation, prosecution and punishment of trafficking offenders; adopt the draft decree on the establishment of a national commission to fight trafficking and ensure that it has a wide mandate and sufficient resources;
(c) Increase international, regional and bilateral cooperation with countries of origin, transit and destination to prevent trafficking through information exchange and to harmonize legal procedures aimed at the prosecution and punishment of traffickers; and
(d) Address the root causes of prostitution of women and girls, including poverty, in order to eliminate the vulnerability of women and girls to sexual exploitation and trafficking; undertake efforts for the rehabilitation and social reintegration of victims and withdraw the draft legal provisions incriminating and sanctioning sex workers in cases of soliciting.
Nationality: While welcoming that the new Code of Persons and Family grants women equal rights with men to retain the Togolese nationality in case of divorce (art. 149), the Committee remains concerned about the delay in withdrawing from the 1978 Code of Nationality the discriminatory provisions preventing women from retaining Togolese nationality in case of divorce (art. 23.3) and Togolese women from passing their nationality to their child (art. 3) or to their foreign husband (art. 5). Para 28.
29. The Committee recommends that the State party:
(a) Amend its Code of Nationality to grant women equal rights with men regarding the retention of the Togolese nationality in case of divorce (art. 23.3) and the transmission of the Togolese nationality to their children (art. 1) or to their spouses of foreign nationality (art. 5); and
(b) Consider acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
Education: While welcoming the abolition of fees for State-run preschools and primary schools in 2008, the allocation of more than 20 per cent of the national budget to education, the plan to adopt a national literacy policy by the end of 2012 and the setting up of a new university, the Committee remains concerned at the persistence of structural and other barriers to quality education, which constitute particular obstacles to the education of girls and young women. Such barriers include, but are not limited to, the prevalence of poverty and the persistence of sexual abuse and harassment of girls in schools and the negative impact of harmful practices, such as early and forced marriage, on girls’ education. The Committee is also concerned about the high dropout rate of girls, the shortage of education facilities and of qualified professionals, the existence of stereotypes in school textbooks and the high illiteracy rate among women. The Committee is further concerned that the State party failed to abrogate circular 8478/MEN-RS, which forbids pregnant pupils from using school facilities, while noting the delegation’s statement that this circular is not applied. Para 30.
31. The Committee invites the State party to:
(a) Raise awareness among communities, families, students, teachers and officials, especially men, about the importance of women’s and girls’ education;
(b) Ensure de facto equal access of girls and young women to all levels of education and retain girls in schools, including by eliminating the indirect cost of schooling, providing incentives for parents to send their daughters to school and enabling young women to stay in school during pregnancy and return to school after giving birth;
(c) Enforce a zero tolerance policy with respect to sexual abuse and harassment in schools and ensure that perpetrators are punished appropriately;
(d) Allocate adequate resources to education and ensure that they improve the number of teachers and the quality of teacher training and of school facilities;
(e) Undertake a revision of educational textbooks to eliminate gender stereotypes;
(f) Adopt and implement without delay the National Literacy Policy and ensure that it includes a gender perspective and that it contains a result-oriented approach, including specific indicators and targets; and
(g) Abrogate circular 8478/MEN-RS, which forbids pregnant pupils from using school facilities.
Child labour: While welcoming the adoption of the 2006 Labour Code, the Committee is deeply concerned about the exploitation of a large number of children, especially girls, in domestic work. The Committee is also concerned about the concentration of women in the informal economy with no social security or other benefits and the difficulties faced by women in accessing credit for starting small-scale businesses. The Committee is further concerned about the prevalence of discrimination against women in the labour market, in particular with regard to the wage gap. Para 32.
33. The Committee recommends that the State party:
(a) Protect girls and boys from exploitative child labour, in particular in domestic service, through increased inspections and fines for employers, in accordance with the International Labour Organization (ILO) Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, regulate and monitor the working conditions of domestic workers, in particular girls, and consider ratifying ILO Convention No. 189 (2011) concerning decent work for domestic workers;
(b) Provide a regulatory framework for the informal sector, with a view to providing women in this sector with access to social security and other benefits;
(c) Expand access by women to microfinance and microcredit at low interest rates so as to enable them to engage in income-generating activities and to start their own businesses; and
(d) Narrow and close the wage gap between women and men.
Health: While welcoming the adoption of the 2007 law on reproductive health and the 2009 Code of Public Health, the establishment of the National Commission for the Health of Women and Children, the launching of the campaign to reduce maternal mortality in Africa, and the pilot programmes to provide subsidies for the carrying out of caesarean and surgery on vescico-vaginal fistulas, the Committee is concerned about the high levels of maternal mortality rates; the lack of access to basic health-care service, in particular for rural women, and the existence of sociocultural factors that prevent women from accessing these services; the shortage of health infrastructure and the insufficient human and financial resources provided to health; the persistence of cases of vescico-vaginal fistula; the high rate of teenage pregnancy; the lack of sufficient information provided to women on
sexual and reproductive health and rights and family planning; and the disproportionately high number of women infected with HIV/AIDS. Para 34.
35. In line with its general recommendation No. 24 (1999) on women and health, the Committee calls on the State party to:
(a) Develop and implement a comprehensive maternal and infant mortality reduction programme, with time-bound targets, including measures to increase access to obstetric services;
(b) Increase access by women and girls, in particular rural women, to basic health-care services and address the obstacles to women’s access to health care, including sociocultural norms, that constitute a risk to women;
(c) Ensure, with the support of the relevant United Nations agencies, that adequate funding is provided to health-care services and that the number of health-care facilities and trained health-care providers and personnel is increased;
(d) Prevent the incidence of vescicovaginal fistula through nutritional programmes and adequate obstetric services to pregnant women and provide medical support to women affected by it;
(e) Address teenage pregnancies and widely promote education on sexual and reproductive health and rights, in particular by undertaking large-scale awareness-raising campaigns for the population in general and by integrating effective and age-appropriate education on sexual and reproductive health and rights at all school levels, and incorporate it into the school curricula; and
(f) Strengthen the provision of free anti-retroviral treatment to all men and women living with HIV/AIDS, including pregnant women so as to prevent mother-to-child transmission; and sensitize mothers and fathers living with HIV/AIDS on the importance of preventing mother-to-child transmission.
Children with disabilities: The Committee is concerned about the situation of women who face multiple forms of discrimination. The Committee is particularly concerned about the situation of older women; women with disabilities, including the limited access of girls with disabilities to education; and women in detention, including the deplorable health conditions in detention facilities. Para 38.
39. The Committee recommends that the State party:
(a) Adopt measures, including temporary special measures within the meaning of article 4, paragraph 1, of the Convention and the Committee’s general recommendation No. 25 (2004) on temporary special measures, to ensure equal rights and opportunities for women who face multiple forms of discrimination, including older women, women with disabilities and women in detention; implement these measures, as applicable, in political, public, social and economic life and in the areas of education, employment and health, and protect these women from violence, abuse and exploitation; in particular, ensure adequate educational opportunities for girls and boys with disabilities, including by integrating them into mainstream education; and ensure the provision of adequate health facilities and services for women in detention, in particular for pregnant women; and
(b) Adopt targeted policies to protect and integrate those women into society.
Early marriage: While noting the efforts undertaken by the State party to eliminate the practices of pre-marriage and forced and early marriages, the Committee is deeply concerned about the persistence in the State party of the practice of polygamy, pre-marriage, forced and early marriages and denial of inheritance rights to women. It is deeply concerned that the Code on Persons and Family adopted in July 2012 contains discriminatory provisions that: (a) recognize polygamy (art. 42); (b) allow the application of custom in cases of inheritance when the spouses explicitly choose this option (art. 404); (c) place the responsibilities of the household mainly on the husband, which makes him de facto the head of the family (art. 100); and (d) establish the separate property regime as the default legal regime (art. 348), all of which often lead to discrimination against women. The Committee is further concerned about the absence of legal provisions governing de facto unions notwithstanding their prevalence, which may deny women protection and redress in case of separation. Para 40.
41. The Committee recommends that the State party:
(a) Withdraw the discriminatory provisions of the 2012 Code of Persons and Family that recognize polygamy (art. 42), allow the application of custom in cases of inheritance when the spouses explicitly choose this option (art. 404) and place the responsibilities of the households mainly on the husband (art. 100);
(b) Withdraw the discriminatory provision of the 2012 Code of Persons and Family according to which the separate property regime is the default legal regime (art. 348) and establish a form of community of property as the default legal regime to ensure that, upon dissolution of marriage, women have equal rights to property acquired during marriage, in line with article 16, paragraph 1 (h), of the Convention and the Committee’s general recommendation No. 21 (1994) on equality in marriage and family relations;
(c) Review the 2012 Code of Persons and Family with a view to extending existing legal provisions to couples living in de facto unions;
(d) Sensitize traditional leaders on the importance of the review of discriminatory provisions and practices related to marriage and family relations and ensure their participation in it; and
(e) Significantly increase its awareness-raising and education efforts, targeted at both men and women, with the support of civil society organizations, on the elimination of discrimination against women in marriage and family relations.
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CEDAW/C/TGO/CO/5
Last reported: 18 January 2006
Concluding Observations published: 3 February 2006
Principal areas of concern and recommendations
While noting that, following ratification, international treaties prevail over national laws, the Committee is concerned that the Convention is not self-executing and that it has not yet been incorporated as part of the law of Togo. The Committee notes that the status of the Convention is not the same as that of other human rights treaties, such as the Convention on the Rights of the Child. (paragraph 8)
The Committee recommends that the State party take immediate measures to ensure that the Convention becomes fully applicable in the domestic legal system through its full incorporation into the national legal system. (paragraph 9)
Customs and traditions: The Committee is concerned about the persistence of entrenched adverse cultural norms, customs and traditions, including forced and early marriage, the practice of female genital mutilation, ritual bondage, levirate and repudiation, as well as the prevalence of stereotypes concerning women's tasks and roles that discriminate against women and constitute serious obstacles to women's enjoyment of their human rights. The Committee is concerned about the State party's limited efforts to directly address such discriminatory cultural practices and stereotypes and its position that women themselves are primarily responsible for changing their position of disadvantage. (paragraph 14)
Harmful practices: The Committee urges the introduction without delay of measures to modify or eliminate customs and cultural and traditional practices that discriminate against women so as to promote women's full enjoyment of their human rights, in conformity with articles 2 (f), 5 (a), and articles 11, 12 and 16 of the Convention. In particular, the Committee urges the State party to address practices such as forced and early marriages, discriminatory widowhood practices, levirate, bondage and female genital mutilation, which constitute violations of the Convention. It invites the State party to increase its efforts to design and implement comprehensive education and awareness-raising programmes targeting women and men at all levels of society, including tribal chiefs, with a view to changing discriminatory social and cultural patterns of conduct and to creating an enabling and supportive environment for women to exercise their human rights. The Committee encourages the State party to implement the necessary efforts in collaboration with civil society organisations, women's non-governmental organisations and community leaders. It further calls upon the State party to review periodically the measures taken to assess the impact of those efforts and take appropriate remedial measures, and to report thereon to the Committee in its next report. (paragraph 15)
The Committee expresses concern about the absence of policies and programmes, including legislation, to address violence against women. The Committee is particularly concerned about occurrences of female genital mutilation, domestic violence, rape, including marital rape, and all forms of sexual abuse of women, and about the persistence of patriarchal attitudes that consider the physical chastisement of family members, including women, acceptable. The Committee further expresses concern about the lack of information and data in the report on the incidence and forms of violence against women. (paragraph 18)
Violence against women and girls: The Committee urges the State party to accord priority attention to the adoption of comprehensive measures to address violence against women and girls in accordance with its general recommendation 19 on violence against women. The Committee calls on the State party to enact legislation on domestic violence, including marital rape, and on all forms of sexual abuse, including sexual harassment, as soon as possible. Such legislation should ensure that violence against women and girls constitutes a criminal offence, that women and girls who are victims of violence have access to immediate means of redress and protection and that perpetrators are prosecuted and punished. The Committee recommends the implementation of training for parliamentarians, the judiciary and public officials, particularly law enforcement personnel, and for health-service providers so as to ensure that they are sensitised to all forms of violence against women and can provide adequate support to victims. It also recommends the establishment of counselling services for victims of violence and the implementation of public awareness-raising campaigns on all forms of violence against women. The Committee requests the State party to provide information in its next report on the laws and policies in place to deal with violence against women and on the impact of such measures, as well as data and trends on the prevalence of various forms of such violence. (paragraph 19)
Citizenship: While regretting that the Nationality Code of 1978 has not been brought into line with article 32 of the Constitution of the Fourth Republic granting citizenship of Togo to any child born of a Togolese father or mother, the Committee takes note that this discrimination has been remedied through the draft children's code. The Committee remains concerned that the law relating to nationality precludes a foreign woman spouse from retaining Togolese nationality upon divorce. (paragraph 22)
The Committee urges the State party to remove all discriminatory laws relating to nationality, in accordance with article 9 of the Convention, and to enact the draft children's code. (paragraph 23)
Education: The Committee is concerned at the poor educational infrastructure and the insufficient number of schools and qualified teachers, which constitute particular obstacles for the education of girls and young women. The Committee is especially concerned about the extremely high rate of illiteracy among women, which in 1998 stood at 60.5 per cent in rural areas and 27.6 per cent in urban areas. It is very concerned at the high dropout rate of girls owing to pregnancy and early and forced marriage and their low enrolment rates in higher education. (paragraph 24)
The Committee urges the State party to enhance its compliance with article 10 of the Convention and raise awareness of the importance of education as a human right and basis for the empowerment of women. It encourages the State party to take steps to overcome traditional attitudes that constitute obstacles to girls' and women's education. It recommends that the State party implement measures to ensure equal access of girls and women to all levels of education, retain girls in school and strengthen the implementation of re-entry policies so that girls return to school after pregnancy. It also recommends that the State party design and implement literacy programmes for women in rural areas. In that regard, the Committee urges the State party to abolish circular No. 8478/MEN-RS which prohibits pregnant schoolgirls or students from attending school. The Committee calls on the State party to make every effort to improve the literacy level of girls and women through the adoption of comprehensive programmes, in collaboration with civil society and the support of international organisations, at the formal and non-formal levels and through adult education and training. (paragraph 25)
Health-care services: The Committee expresses concern about the lack of access by women and girls to adequate health-care services, including prenatal and post-natal care and family planning information, particularly in rural areas. The Committee is also concerned about the alarming rate of teenage pregnancy and multiple pregnancies, which presents a significant obstacle to girls' educational opportunities and economic empowerment. The Committee is especially concerned at the high maternal mortality rates, particularly the number of deaths resulting from induced abortions, early pregnancies, high fertility rates and inadequate family planning services, the low rates of contraceptive use and the lack of sex education, especially in rural areas. The immediate causes of maternal death — haemorrhaging, eclampsia and septicaemia — indicate a lack of access to obstetric services. The Committee is also concerned about trends in HIV/AIDS infection rates of women. (paragraph 28)
The Committee urges the State party to continue its efforts to improve the country's health infrastructure. It calls on the State party to integrate a gender perspective in all health sector reforms, while also ensuring that women's sexual and reproductive health needs are adequately addressed. In particular, the Committee recommends that the State party undertake appropriate measures to improve women's access to health care and health-related services and information, including access for women who live in rural areas. It calls on the State party to improve the availability of sexual and reproductive health services, including family planning information, to reduce maternal mortality.
It also recommends that programmes and policies be adopted to increase knowledge of and access to affordable contraceptive methods, so that women and men can make informed choices about the number and spacing of children.
The Committee also recommends the implementation of a comprehensive time- bound maternal and infant mortality reduction programme which would also include measures to increase access to obstetric services. It further recommends that sex education be widely promoted and targeted at girls and boys, with special attention to the prevention of early pregnancies and the control of sexually transmitted diseases and HIV/AIDS. It also calls on the State party to ensure the effective implementation of its HIV/AIDS law and policies. (paragraph 29)
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UN Committee on the Elimination of Racial Discrimination
CERD/C/TGO/CO/17
Last reported: 30 & 31 July 2008
Concluding Observations issued: 13 August 2008
Issues raised and recommendations given:
Education: The Committee notes with concern the persistence of significant disparities based on gender and geographic, ethnic and social origin in Togo, including in the educational system and access to health services.
The Committee encourages the State party to make every effort to reduce existing disparities, including in the educational system and access to health services, through appropriate strategies and measures. (art. 2, para. 2 and art. 5 (e) (iv) and (v)) (paragraph 16)
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UN Committee on the Elimination of Racial Discrimination: Follow-up
(CERD/C/TGO/CO/18-19)
Concluding observations published: 18 January 2017
Last reported: 8 January 2016
Access to education and training: The Committee notes with satisfaction the measures taken by the State party to ensure equal access to education and training for all ethnic groups living in its territory, in particular by eliminating charges for public primary education and regularly setting up school cafeterias in the poorest rural areas. However, the Committee remains concerned about low enrolment among girls, especially in rural areas. The Committee encourages the State party to continue its efforts, to take the necessary measures to reduce existing disparities in access to education and vocational training, including for girls, and to ensure that people living in the most remote areas benefit from appropriate measures in this regard (paras 19, 20).
13 October 2009
State party report
No mentions of children's rights.
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UN Committee for the Protection of All Migrant Workers and their families
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UN Committee on the Rights of Persons with Disabilities
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