privacy relates to their reproductive functions, for example, where there is a
requirement for the husband’s authorization to make a decision in regard to
sterilization; where general requirements are imposed for the sterilization of women,
such as having a certain number of children or being of a certain age, or where States
impose a legal duty upon doctors and other health personnel to report cases of women
who have undergone abortion. In these instances, other rights in the Covenant, such
as those of articles 6 and 7, might also be at stake. Women’s privacy may also be
interfered with by private actors, such as employers who request a pregnancy test
before hiring a woman. States parties should report on any laws and public or private
actions that interfere with the equal enjoyment by women of the rights under article
17, and on the measures taken to eliminate such interference and to afford women
protection from any such interference.
21.
States parties must take measures to ensure that freedom of thought,
conscience and religion, and the freedom to adopt the religion or belief of one’s
choice - including the freedom to change religion or belief and to express one’s
religion or belief - will be guaranteed and protected in law and in practice for both
men and women, on the same terms and without discrimination. These freedoms,
protected by article 18, must not be subject to restrictions other than those authorized
by the Covenant and must not be constrained by, inter alia, rules requiring permission
from third parties, or by interference from fathers, husbands, brothers or others.
Article 18 may not be relied upon to justify discrimination against women by
reference to freedom of thought, conscience and religion; States parties should
therefore provide information on the status of women as regards their freedom of
thought, conscience and religion, and indicate what steps they have taken or intend to
take both to eliminate and prevent infringements of these freedoms in respect of
women and to protect their right not to be discriminated against.
22.
In relation to article 19, States parties should inform the Committee of any
laws or other factors which may impede women from exercising the rights protected
under this provision on an equal basis. As the publication and dissemination of
obscene and pornographic material which portrays women and girls as objects of
violence or degrading or inhuman treatment is likely to promote these kinds of
treatment of women and girls, States parties should provide information about legal
measures to restrict the publication or dissemination of such material.
23.
States are required to treat men and women equally in regard to marriage in
accordance with article 23, which has been elaborated further by general comment
No. 19 (1990). Men and women have the right to enter into marriage only with their
free and full consent, and States have an obligation to protect the enjoyment of this
right on an equal basis. Many factors may prevent women from being able to make
the decision to marry freely. One factor relates to the minimum age for marriage.
That age should be set by the State on the basis of equal criteria for men and women.
These criteria should ensure women’s capacity to make an informed and uncoerced
decision. A second factor in some States may be that either by statutory or customary
law a guardian, who is generally male, consents to the marriage instead of the woman
herself, thereby preventing women from exercising a free choice.