CEDAW/C/GC/28
is targeted as clearly as possible towards the goal of fully eliminating all forms of
discrimination against women and achieving women’s substantive equality with men. The
emphasis is on movement forward: from the evaluation of the situation to the formulation
and initial adoption of a comprehensive range of measures, to building on those measures
continuously in the light of their effectiveness and new or emerging issues, in order to
achieve the Convention’s goals. Such a policy must comprise constitutional and legislative
guarantees, including an alignment with legal provisions at the domestic level and an
amendment of conflicting legal provisions. It must also include other appropriate measures,
such as comprehensive action plans and mechanisms for monitoring and implementing
them, which provide a framework for the practical realization of the principle of formal and
substantive equality of women and men.
25.
The policy must be comprehensive in that it should apply to all fields of life,
including those which are not explicitly mentioned in the text of the Convention. It must
apply to both public and private economic spheres, as well as to the domestic sphere, and
ensure that all branches of Government (executive, legislative and judicial branches) and all
levels of Government assume their respective responsibilities for implementation. It should
incorporate the entire range of measures that are appropriate and necessary in the particular
circumstances of the State party.
26.
The policy must identify women within the jurisdiction of the State party (including
non-citizen, migrant, refugee, asylum-seeking and stateless women) as the rights-bearers,
with particular emphasis on the groups of women who are most marginalized and who may
suffer from various forms of intersectional discrimination.
27.
The policy must ensure that women, as individuals and groups, have access to
information about their rights under the Convention and are able to effectively promote and
claim those rights. The State party should also ensure that women are able to participate
actively in the development, implementation and monitoring of the policy. To this end,
resources must be devoted to ensuring that human rights and women’s non-governmental
organizations are well-informed, adequately consulted and generally able to play an active
role in the initial and subsequent development of the policy.
28.
The policy must be action- and results-oriented in the sense that it should establish
indicators, benchmarks and timelines, ensure adequate resourcing for all relevant actors and
otherwise enable those actors to play their part in achieving the agreed benchmarks and
goals. To this end, the policy must be linked to mainstream governmental budgetary
processes in order to ensure that all aspects of the policy are adequately funded. It should
provide for mechanisms that collect relevant sex-disaggregated data, enable effective
monitoring, facilitate continuing evaluation and allow for the revision or supplementation
of existing measures and the identification of any new measures that may be appropriate.
Furthermore, the policy must ensure that there are strong and focused bodies (national
women’s machinery) within the executive branch of the Government that will take
initiatives, coordinate and oversee the preparation and implementation of legislation,
policies and programmes necessary to fulfil the obligations of the State party under the
Convention. These institutions should be empowered to provide advice and analysis
directly to the highest levels of Government. The policy should also ensure that
independent monitoring institutions, such as national human rights institutes or independent
women’s commissions, are established or that existing national institutes receive a mandate
to promote and protect the rights guaranteed under the Convention. The policy must engage
the private sector, including business enterprises, the media, organizations, community
groups and individuals, and enlist their involvement in adopting measures that will fulfil the
goals of the Convention in the private economic sphere.
29.
The words “without delay” make it clear that the obligation of States parties to
pursue their policy, by all appropriate means, is of an immediate nature. This language is
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