and respect for their inherent dignity at all times, and in particular during the birth and
while caring for their newborn children; States parties should report on facilities to
ensure this and on medical and health care for such mothers and their babies.
16.
As regards article 12, States parties should provide information on any legal
provision or any practice which restricts women’s right to freedom of movement, for
example the exercise of marital powers over the wife or of parental powers over adult
daughters; legal or de facto requirements which prevent women from travelling, such
as the requirement of consent of a third party to the issuance of a passport or other
type of travel documents to an adult woman. States parties should also report on
measures taken to eliminate such laws and practices and to protect women against
them, including reference to available domestic remedies (see general comment
No. 27, paragraphs 6 and 18).
17.
States parties should ensure that alien women are accorded on an equal basis
the right to submit arguments against their expulsion and to have their case reviewed,
as provided in article 13. In this regard, they should be entitled to submit arguments
based on gender-specific violations of the Covenant such as those mentioned in
paragraphs 10 and 11 above.
18.
States parties should provide information to enable the Committee to ascertain
whether access to justice and the right to a fair trial, provided for in article 14, are
enjoyed by women on equal terms with men. In particular, States parties should
inform the Committee whether there are legal provisions preventing women from
direct and autonomous access to the courts (see communication No. 202/1986, Ato
del Avellanal v. Peru, Views of 28 October 1988); whether women may give evidence
as witnesses on the same terms as men; and whether measures are taken to ensure
women equal access to legal aid, in particular in family matters. States parties should
report on whether certain categories of women are denied the enjoyment of the
presumption of innocence under article 14, paragraph 2, and on the measures which
have been taken to put an end to this situation.
19.
The right of everyone under article 16 to be recognized everywhere as a
person before the law is particularly pertinent for women, who often see it curtailed
by reason of sex or marital status. This right implies that the capacity of women to
own property, to enter into a contract or to exercise other civil rights may not be
restricted on the basis of marital status or any other discriminatory ground. It also
implies that women may not be treated as objects to be given, together with the
property of the deceased husband, to his family. States must provide information on
laws or practices that prevent women from being treated or from functioning as full
legal persons and the measures taken to eradicate laws or practices that allow such
treatment.
20.
States parties must provide information to enable the Committee to assess the
effect of any laws and practices that may interfere with women’s right to enjoy
privacy and other rights protected by article 17 on the basis of equality with men. An
example of such interference arises where the sexual life of a woman is taken into
consideration in deciding the extent of her legal rights and protections, including
protection against rape. Another area where States may fail to respect women’s