A/HRC/41/33
B.
Recommendations
80.
International human rights law has long required that States take appropriate
action to modify social and cultural practices based on ideas of the inferiority or
superiority of either sex or on stereotyped gender roles. In order to ensure that such
stereotypes are not embodied in law, policy and practice or institutionalized, resulting
in women’s deprivation of liberty, States should:
(a)
Modify or eliminate all laws based on stereotyped gender roles, in
alignment with international human rights standards, including any laws giving men
and society control over women’s decisions, mobility and morality;
(b)
Put in place mechanisms to provide opportunities for support to all
women to exercise their autonomy and agency, eliminate laws that allow women to be
arbitrarily stripped of legal capacity and/or placed under guardianship and guarantee
respect for their informed consent at all times;
(c)
Ban laws and practices policing, targeting, punishing or confining
women in relation to consensual sexual or reproductive behaviour or decisions,
including sex work/prostitution, termination of pregnancy or expressions of sexuality;
(d)
Put an end to practices of protective institutionalization of survivors or
those at risk of gender-based violence and women with disabilities;
(e)
Promulgate and implement laws prohibiting harmful traditional,
cultural, social or religious practices that lead to the confinement of women and girls,
including child and forced marriages and the seclusion of menstruating women and
widows;
(f)
Provide mandatory, recurrent and effective capacity-building, education
and training on the elimination of gender bias and the obligations of States regarding
international standards for justice and law enforcement officers, medical personnel,
legislators and any other actors who may be involved in decision-making regarding
women’s deprivation of liberty;
(g)
Ensure that educational curricula throughout all levels and types of
schooling include training on women’s human rights norms as the basis for gendersensitive education;
(h)
Promote and support the implementation of awareness programmes to
combat gender stereotypes in the family, community and social and formal
institutions;
(i)
Support and protect women’s engagement in public and political life,
including the work of women human rights defenders, and eliminate any laws or
policy measures designed to criminalize the public roles of women. Put in place quotas
or similar measures for the meaningful participation of women in the political and
public sphere.
81.
Women’s lack of access to economic opportunities, resources and services
constricts their choices and creates economic insecurity, and often results in their
confinement. In order to minimize deprivation of liberty resulting from women’s
poverty, States should:
(a)
Provide universal adequate, accessible and affordable education, health,
legal and social services, and expand social protection systems in a manner that does
not discriminate on the basis of gender and incorporates an intersectional and a
women’s human rights perspective;
(b)
Eliminate laws and practices that perpetuate discrimination within the
family and the community, and institute and intensify efforts to ensure the awareness
and accountability of family and community members, including traditional and
religious leaders;
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