CEDAW/C/GC/30
61.
The Committee recommends that States parties:
(a) Ensure that measures to prevent statelessness are applied to all women
and girls and address populations that are particularly susceptible to being rendered
stateless by conflict, such as female internally displaced persons, refugees, asylum
seekers and trafficked persons;
(b) Ensure that measures to protect stateless women and girls remain in place
before, during and after conflict;
(c) Guarantee conflict-affected women and girls equal rights to obtain
documents necessary for the exercise of their legal rights and the right to have such
documentation issued in their own names, and ensure the prompt issuance or
replacement of documents without imposing unreasonable conditions, such as
requiring displaced women and girls to return to their area of original residence to
obtain documents;
(d) Ensure individual documentation, including in post-conflict migration
flows, of internally displaced women, refugee and asylum-seeking women and
separated and unaccompanied girls, and ensure the timely and equal registration of
all births, marriages and divorces.
7.
Marriage and family relations (arts. 15-16)
62. Inequalities in marriage and family relations affect women’s experiences in
conflict and post-conflict situations. In such situations, women and girls may be
forced into marriage to placate armed groups or because their post-conflict poverty
forces them to marry for financial security, affecting their rights to choose a spouse
and enter freely into marriage, as guaranteed by article 16 (1)(a) and 16 (1)(b). During
conflict, girls are particularly susceptible to forced marriage, a harmful practice that is
increasingly used by armed groups. Families also force girls into marriage as a result
of poverty and a misconception that it may protect them against rape.
63. Equal access to property, as guaranteed by article 16 (1)(h), is particularly
critical in post-conflict situations, given that housing and land are crucial to
recovery efforts, in particular for women in female-headed households, the number
of whom tends to rise in crisis owing to family separation and widowhood. Women’s
limited and unequal access to property becomes particularly damaging in postconflict situations, especially when displaced women who have lost husbands or
close male relatives return to their homes to find that they have no legal title to their
land and, as a result, no means of earning a livelihood.
64. Forced pregnancies, abortions or sterilization of women in conflict-affected
areas violate myriad women’s rights, including the right under article 16 (1)(e) to
decide freely and responsibly on the number and spacing of their children.
65. The Committee reiterates its general recommendations Nos. 21 and 29 and
further recommends that States parties:
(a) Prevent, investigate and punish gender-based violations such as forced
marriages, pregnancies, abortions or sterilization of women and girls in conflictaffected areas;
(b) Adopt gender-sensitive legislation and policies that recognize the
particular disadvantages that women face in claiming their right to inheritance and
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