CEDAW/C/GC/33
crimes that disproportionately or solely affect women, whether perpetrated by
State or non-State actors;
(m) Closely monitor sentencing procedures and eliminate any
discrimination against women in the penalties provided for particular crimes
and misdemeanours and in determining eligibility for parole or early release
from detention;
(n) Ensure that mechanisms are in place to monitor places of detention,
pay special attention to the situation of women prisoners and apply
international guidance and standards on the treatment of women in
detention; 16
(o) Keep accurate data and statistics regarding the number of women in
each place of detention, the reasons for and duration of their detention,
whether they are pregnant or accompanied by a baby or child, their access to
legal, health and social services and their eligibility for and use of available
case review processes, non-custodial alternatives and training possibilities;
(p) Use preventive detention as a last resort and for as short a time as
possible, and avoid preventive or post-trial detention for petty offences and for
the inability to pay bail in such cases.
E.
Administrative, social and labour law
52. In accordance with articles 2 and 15 of the Convention, the availability and
accessibility of judicial and quasi-judicial mechanisms and remedies under
administrative, social and labour law should be guaranteed to women on a basis of
equality. The subject areas that tend to fall within the ambit of administrative, social
and labour law, and are of particular importance for women, include health services,
social security entitlements, labour relations, including equal remuneration, equality
of opportunities to be hired and promoted, equality of remuneration for civil
servants, housing and land zoning, grants, subsidies and scholarships, compensation
funds, governance of Internet resources and policy and migration and asylum. 17
53.
The Committee recommends that States parties:
(a) Ensure that independent review, carried out in accordance with
international standards, is available for all decisions by administrative bodies;
(b) Ensure that a decision rejecting an application is reasoned and that
the claimant is able to appeal to a competent body against the decision, and
that the implementation of any prior administrative decisions is suspended
pending further judicial review. This is of particular importance in the area of
asylum and migration law, where appellants may be deported before having the
chance to have their cases heard;
(c) Use administrative detention only exceptionally, as a last resort, for a
limited time, when necessary and reasonable in the individual case,
proportionate to a legitimate purpose and in accordance with national law and
international standards; ensure that all appropriate measures, including
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See the Bangkok Rules and also the Guidelines on Justice in Matters involving Child Victims and
Witnesses of Crime, adopted by the Economic and Social Council in it s resolution 2005/20.
See general recommendation No. 32 on gender-related dimensions of refugee status, asylum,
nationality and statelessness of women.
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