E/C.12/TGO/CO/1 5. The Committee welcomes the adoption of laws that strengthen the protection of economic, social and cultural rights, including the following: (a) The Female Genital Mutilation Prohibition Act (Act No. 98-016 of 17 November 1998); (b) The Labour Code (Act No. 2006-010 of 13 December 2006); (c) The Children’s Code (Act No. 2007-017 of 6 July 2007); (d) The Water Code (Act No. 2010-004 of 14 June 2010); (e) Act No. 2010-018 of 31 December 2010 amending the HIV/AIDS Protection Act (Act No. 2005-012 of 14 December 2005); (f) The Health Insurance Act (Act No. 2011-003 of 18 February 2011 instituting mandatory health insurance for civil servants and similar categories); (g) The Togo Social Security Code (Act No. 2011-006 of 21 February 2011); (h) The Industrial Free Zone Statutes Act (Act No. 2011-018 of 24 June 2011); (i) The Togo Statistical Activities Organization Act (Act No. 2011-014 of 3 June 2011). 6. The Committee notes the measures taken by the State party to help give effect to economic, social and cultural rights, in particular: (a) Equity; (b) The adoption in 2011 of the National Policy on Gender Equality and Gender The introduction of human rights focal points in every ministry; (c) The refund provided for simple malaria diagnosis and treatment for children under the age of 10 and of antiretroviral treatment for persons infected with HIV; C. (d) The partial refund for caesarean deliveries; (e) Measures taken to eradicate Guinea worm disease; (f) Measures taken to reduce the prevalence of female genital mutilation. Principal subjects of concern and recommendations 7. The Committee regrets that, despite their constitutional status, the Covenant and its provisions have never been invoked by the courts of the State party. The Committee also regrets that the national laws do not give effect to economic, social and cultural rights (art. 2, para. 1). The Committee recommends that the State party take appropriate steps to give effect to the Covenant in the national legal order and to bring national law into line with the Covenant, where necessary. The Committee requests that the State party include information in its next periodic report on rulings by the national courts and the administrative authorities that give effect to the rights protected by the Covenant. The Committee draws the attention of the State party to its general comment No. 9 (1998) on the application of the Covenant at national level. 8. The Committee notes with concern that the possibilities for securing an effective remedy in the event of violations of economic, social and cultural rights are limited in the State party owing to the prohibitive cost of court proceedings, the fact that legal aid is not available and the lack of awareness of the Covenant and available remedies. 2 GE.13-44283

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