basis with men. States parties are urged to comply with that general recommendation to ensure
that, in both public and family life, women will be free of the gender-based violence that so
seriously impedes their rights and freedoms as individuals.
Reservations
41. The Committee has noted with alarm the number of States parties which have entered
reservations to the whole or part of article 16, especially when a reservation has also been
entered to article 2, claiming that compliance may conflict with a commonly held vision of the
family based, inter alia, on cultural or religious beliefs or on the country’s economic or political
status.
42. Many of these countries hold a belief in the patriarchal structure of a family which places a
father, husband or son in a favourable position. In some countries where fundamentalist or other
extremist views or economic hardships have encouraged a return to old values and traditions,
women’s place in the family has deteriorated sharply. In others, where it has been recognized
that a modern society depends for its economic advance and for the general good of the
community on involving all adults equally, regardless of gender, these taboos and reactionary or
extremist ideas have progressively been discouraged.
43. Consistent with articles 2, 3 and 24 in particular, the Committee requires that all States
parties gradually progress to a stage where, by its resolute discouragement of notions of the
inequality of women in the home, each country will withdraw its reservation, in particular to
articles 9, 15 and 16 of the Convention.
44. States parties should resolutely discourage any notions of inequality of women and men
which are affirmed by laws, or by religious or private law or by custom, and progress to the stage
where reservations, particularly to article 16, will be withdrawn.
45. The Committee noted, on the basis of its examination of initial and subsequent periodic
reports, that in some States parties to the Convention that had ratified or acceded without
reservation, certain laws, especially those dealing with family, do not actually conform to the
provisions of the Convention.
46. Their laws still contain many measures which discriminate against women based on norms,
customs and sociocultural prejudices. These States, because of their specific situation regarding
these articles, make it difficult for the Committee to evaluate and understand the status of
women.
47. The Committee, in particular on the basis of articles 1 and 2 of the Convention, requests
that those States parties make the necessary efforts to examine the de facto situation relating to
the issues and to introduce the required measures in their national legislations still containing
provisions discriminatory to women.
Reports
48. Assisted by the comments in the present general recommendation, in their reports States
parties should:
(a) Indicate the stage that has been reached in the country’s progress to removal of all
reservations to the Convention, in particular reservations to article 16;