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unqualified, and does not allow for any delayed or purposely chosen incremental
implementation of the obligations that States assume upon ratification of or accession to the
Convention. It follows that a delay cannot be justified on any grounds, including political,
social, cultural, religious, economic, resource or other considerations or constraints within
the State. Where a State party is facing resource constraints or needs technical or other
expertise to facilitate the implementation of its obligations under the Convention, it may be
incumbent upon it to seek international cooperation in order to overcome these difficulties.
B.
Subparagraphs (a)–(g)
30.
Article 2 expresses the obligation of States parties to implement the Convention in a
general way. Its substantive requirements provide the framework for the implementation of
the specific obligations identified in article 2, subparagraphs (a)–(g), and all other
substantive articles of the Convention.
31.
Subparagraphs (a), (f) and (g) establish the obligation of States parties to provide
legal protection and to abolish or amend discriminatory laws and regulations as part of the
policy of eliminating discrimination against women. States parties must ensure that,
through constitutional amendments or by other appropriate legislative means, the principle
of equality between women and men and of non-discrimination is enshrined in domestic
law with an overriding and enforceable status. They must also enact legislation that
prohibits discrimination in all fields of women’s lives under the Convention and throughout
their lifespan. States parties have an obligation to take steps to modify or abolish existing
laws, regulations, customs and practices which constitute discrimination against women.
Certain groups of women, including women deprived of their liberty, refugees, asylumseeking and migrant women, stateless women, lesbian women, disabled women, women
victims of trafficking, widows and elderly women, are particularly vulnerable to
discrimination through civil and penal laws, regulations and customary law and practices.
By ratifying the Convention or acceding to it, States parties undertake to incorporate the
Convention into their domestic legal systems or to give it otherwise appropriate legal effect
within their domestic legal orders in order to secure the enforceability of its provisions at
the national level. The question of direct applicability of the provisions of the Convention at
the national level is a question of constitutional law and depends on the status of treaties
within the domestic legal order. The Committee takes the view, however, that the rights to
non-discrimination and equality in all fields of women’s lives throughout their lifespan, as
enshrined in the Convention, may receive enhanced protection in those States where the
Convention is automatically or through specific incorporation part of the domestic legal
order. The Committee urges those States parties in which the Convention does not form
part of the domestic legal order to consider incorporation of the Convention to render it part
of domestic law, for example through a general law on equality, in order to facilitate the
full realization of Convention rights as required by article 2.
32.
Subparagraph (b) contains the obligation of States parties to ensure that legislation
prohibiting discrimination and promoting equality of women and men provides appropriate
remedies for women who are subjected to discrimination contrary to the Convention. This
obligation requires that States parties provide reparation to women whose rights under the
Convention have been violated. Without reparation the obligation to provide an appropriate
remedy is not discharged. Such remedies should include different forms of reparation, such
as monetary compensation, restitution, rehabilitation and reinstatement; measures of
satisfaction, such as public apologies, public memorials and guarantees of non-repetition;
changes in relevant laws and practices; and bringing to justice the perpetrators of violations
of human rights of women.
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