MIAMI, United States. – The Committee on the Elimination of Discrimination against Women (CEDAW) expressed a number of key concerns in its evaluation of the ninth periodic report of Cubain which she highlighted that, although the country has made significant progress in creating laws to protect women’s rights, substantial deficiencies persist in their implementation.
First, the Committee noted the absence in Cuban legislation of a “complete definition of discrimination against women” that covers direct and indirect discrimination in all spheres, both public and private. This lack of a precise definition limits the effectiveness of the laws in their ability to address multiple and intersectional forms of discrimination, especially towards rural women, women with disabilities, Afro-descendant women, and lesbian, bisexual, trans and intersex women.
The Committee recommended that Cuba adopt legislation that explicitly addresses these forms of discrimination in accordance with articles 1 and 2 of the Convention on the Elimination of All Forms of Discrimination against Women.
Access to justice was another critical concern, with the Committee identifying specific barriers for women in rural areas and with disabilities. “Access to courts is limited for these women due to the shortage of courts in remote areas and the lack of accessibility for people with disabilities,” the Committee stated, adding that these obstacles are compounded by legal, transportation and the lack of information about available resources.
The Committee also referred to the effects of the sanctions imposed by the United States on the island’s regime. “Current conditions have contributed to the shortage of basic services, which mainly affects women, who are the most disadvantaged in accessing to health care, education and other fundamental rights,” the Committee noted.
The high prevalence of gender violence in the country was another issue of concern for CEDAW. Although the new Penal Code typifies feminicide and gender violence in its multiple forms, the Committee indicated that there are still major deficiencies in terms of protection and support for victims.
“The lack of shelters and services for women and girls victims of domestic violence is alarming,” the Committee stressed. He also emphasized the need for comprehensive legislation that covers all forms of gender violence, both in the public and private spheres.
Likewise, the United Nations entity expressed concern about the Associations Law in Cuba, which limits the establishment of independent women’s organizations, an obstacle that has hindered the active participation of civil society in the promotion of women’s rights.
“The restriction on the creation of independent associations limits the advancement of inclusive representation and diversity in the defense of women’s rights,” stated the Committee, which recommended that the Cuban Government allow the creation of non-governmental associations to strengthen the voice of women in decision-making.
CEDAW also condemned the threats, arrests and other forms of harassment faced by women human rights defenders and activists who express critical positions towards the Government. She pointed out the urgent need for the State to guarantee freedom of expression and protect these women. “The use of criminal law to intimidate and detain women human rights defenders must stop immediately,” the Committee stressed.
Likewise, CEDAW highlighted the discrimination faced by Afro-descendant, rural and disabled women, who have limited access to educational, health and labor services. “It is essential that measures be taken to address intersectional discrimination and ensure equal opportunities for all women, regardless of their ethnic origin or socioeconomic situation,” she noted.
In its conclusions, the Committee urged Cuba to prioritize the implementation of a framework of policies and actions that include the CEDAW recommendations to guarantee full respect for women’s rights and move towards substantive gender equality.
