Human Rights Committee general comment 28
Para. 13: “States parties should provide information on any specific regulation of clothing to be worn by women in public. The
Committee stresses that such regulations may involve a violation of a number of rights guaranteed by the Covenant, such as:
article 26, on non-discrimination; article 7, if corporal punishment is imposed in order to enforce such a regulation; article 9, when
failure to comply with the regulation is punished by arrest; article 12, if liberty of movement is subject to such a constraint; article 17,
which guarantees all persons the right to privacy without arbitrary or unlawful interference; articles 18 and 19, when women are
subjected to clothing requirements that are not in keeping with their religion or their right of self-expression; and, lastly, article 27,
when the clothing requirements conflict with the culture to which the woman can lay a claim.”
Para. 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.”
Para. 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.”
Persons deprived of their
liberty
Human Rights Committee general comment 22
Para. 8: “Persons already subject to certain legitimate constraints, such as prisoners, continue to enjoy their rights to manifest their
religion or belief to the fullest extent compatible with the specific nature of the constraint. States parties’ reports should provide
information on the full scope and effects of limitations under article 18.3, both as a matter of law and of their application in specific
circumstances.”
E/CN.4/2006/5
page 34
14: The Commission on Human Rights, “Stresses the need for the Special Rapporteur to continue to apply a gender perspective,
inter alia through the identification of gender specific abuses, in the reporting process, including in information collection and in
recommendations;”.