A/HRC/20/28
of the Human Rights Council that would focus on laws and practices that discriminate
against women (para. 57).
8.
The Human Rights Council adopted, without a vote, resolution 15/23, which
established the mandate of the Working Group on the issue of discrimination against
women in law and in practice during its fifteenth session, on 1 October 2010. It is the
second special procedure of the Human Rights Council dedicated to addressing women’s
human rights, complementing the mandate of the Special Rapporteur on violence against
women, its causes and consequences, which was established in 1994 immediately following
the World Conference on Human Rights.
III. Conceptual framework
9.
Effective elimination of discrimination against women requires the consistent
political will of States, with broad-based consensus of whole societies, to formulate and
implement laws that promote equality between men and women, prohibit discrimination on
the basis of sex, and prevent and provide redress for violence against women, along with
policies and measures that create a conducive environment for women’s empowerment.
10.
In more than two decades of democratization projects worldwide, beginning with the
breakdown of Latin American authoritarian regimes and the fall of the Berlin Wall up to the
Arab Spring in the Middle East and North Africa today, a wide range of efforts by States,
citizens and organizations to address discrimination against women have been made as
integral parts of bold and historic processes of the renewal of whole nations and regions. In
other contexts, breakthroughs in law and practice occur as part of the responsiveness and
accountability of States to an active citizenry committed to equality, non-discrimination and
human rights for all women and men. The success or failure of efforts to effectively
eliminate discrimination against women depends on how securely they are located within
genuine processes of social and political transformation.
11.
The political will to revise or repeal discriminatory laws can arise voluntarily as part
of an overall renegotiation of the social contract, and as an act of astute policymaking
compelled by social economic developments that have brought about undeniable and
irreversible changes in women’s roles in practice. The growing participation of women in
political, economic, social and cultural life has contributed to the introduction of genderresponsive changes in laws and policies on protection in the workplace, security in the
home and community, and entitlements in property ownership and electoral processes.
12.
Progress is not linear, however, and new political openings can bring about
backlash, reverse advances and produce new forms of discriminatory laws and practices.
Complex national reforms can result in contradictory laws and policies, between
national/federal and subnational/local levels, across different regions of the country, and
among sectors of social and economic life. Good practices in eliminating discrimination
against women in law and in practice include the ability to overcome backlash or
backsliding and establish grounds for the sustainability of achievements in substantive
equality.
13.
For legal guarantees of gender equality to benefit all women, implementation
frameworks and strategies must be responsive to the intersections of sex-based
discrimination with other grounds of discrimination, such as race, ethnicity, religion or
belief, language, political affiliation, health, status, age, class, caste, national or social
origin, property, birth, and sexual orientation and gender identity. Legal guarantees and
implementation frameworks and strategies must also integrate special measures to reach
women who face multiple forms of discrimination, such as rural and indigenous women,
women with disabilities, women living in poverty and women facing other forms of
5