CEDAW/C/MMR/CO/4-5
(b) Amend or repeal the Buddhist Women Special Law, the Population
Control and Health-Care Law, the Religious Conversion Law and the
Monogamy Law in order to ensure full compliance with the provisions of the
Convention;
(c) Enact comprehensive legislation that protects women, in particular
women belonging to various ethnic minority groups such as the Rohingya, from
forced displacement;
(d) Expedite the revision of all discriminatory laws and provisions and
the adoption of new laws to promote gender equality.
National human rights institution
16. The Committee recalling its previous concluding observations (see
CEDAW/C/MMR/CO/3, para. 14), remains concerned that the Myanmar National
Human Rights Commission, with respect to the appointment of its members, is not
in full compliance with the principles relating to the status of national institutions
for the promotion and protection of human rights (the Paris Principles). The
Committee is also concerned at reports that the Com mission is failing to adhere to
confidentiality when addressing complaints under its legal complaint mechanism
and at the lack of adequate funding for its activities.
17. The Committee recalls its previous recommendation (see CEDAW/C/
MMR/CO/3, para. 15) to address concerns regarding the funding and
appointment of the members of the Myanmar National Human Rights
Commission to ensure that the Commission is in full compliance with the Paris
Principles. It also calls upon the State party to address concerns regarding
breaches of confidentiality in the handling of claims, including claims
submitted by women alleging violations of their rights.
Access to justice
18. The Committee notes with concern that women’s access to justice is limited,
with the provision of legal aid largely limited to criminal defendants in cases
punishable by the death penalty. It is particularly concerned at reports of judicial
corruption and executive interference in the judiciary, wh ich has eroded women’s
trust in the administration of justice. The Committee is also concerned about social
and cultural stigma, which deter women and girl victims from reporting sexual and
gender-based violence. It is further concerned that women, in part icular rural
women and those belonging to ethnic minority groups, face additional obstacles in
gaining access to justice relating to language, geography and fear of reprisal.
19. Recalling its general recommendation No. 33 (2015) on women’s access to
justice, the Committee recommends that the State party:
(a) Ensure that adequate funding is provided for legal aid and that it is
provided free of charge and remove all barriers faced by women, in particular
women belonging to ethnic minority groups, in gaining effective access to
justice in all parts of the State party, including in rural areas;
(b) Enhance women’s legal literacy and raise awareness on the part of
women and men of their rights in order to eliminate the stigmatization of
women and girls who claim their rights;
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