A/HRC/23/50
violence directed at women who speak out and play leadership roles during times of war
and peace. As articulated in the agreed conclusions of the fifty-seventh session of the
Commission for the Status of Women, these laws must provide for multidisciplinary and
gender-sensitive preventive and protective measures, such as emergency barring orders and
protection orders; the investigation, submission for prosecution and appropriate punishment
of perpetrators to end impunity; and support services that empower victims and survivors,
as well as access to appropriate civil remedies and redress.
88.
Transitional justice mechanisms should provide accountability for gross violations
of human rights affecting women, a comprehensive analysis of gender-based violence and
abuse by past regimes, the means for transformative reparations for women victims, and the
foundation for a gender-responsive reform of the political and legal institutions as part of
the guarantee of non-recurrence.
4.
Implementation and enforcement of law
89.
Effective elimination of discrimination against women in political and public life
relies on the capacity to implement legal guarantees of equality between men and women in
this field. National women’s machineries set up within the executive bodies of States have
been consistently underresourced and are therefore disadvantaged in carrying out their
functions. Autonomous women’s movements which promote universal standards of
equality and non-discrimination are key players, both for maintaining the continued
existence of these national machineries as well as for promoting their effectiveness. The
equal participation of women from minority, indigenous and other marginalized
communities in decision-making positions is the measure of a full implementation of legal
guarantees and measures.
90.
NHRIs play a crucial role in providing human rights protection and access to redress
for politically active women at risk. Given the complex obstacles deeply rooted in structural
inequalities and multiple intersections of social-cultural exclusion, women’s effective
participation in political and public life can be achieved only when they have equal and full
access to all mechanisms of independent human rights monitoring and redress, particularly
in contexts where the risks are high. Gender responsiveness and gender balance in NHRIs
and other human rights institutions at the regional and international levels are imperative.
91.
However, there are no international standards for NHRIs to integrate gender and
women’s rights into their work, resulting in the uneven responsiveness of NHRIs to the
specific protection needs of women in political and public life, including women human
rights defenders and female politicians at the local level. Specialized NHRIs on women’s
human rights exist in some countries, but no mechanism guarantees coordination between
specialized and the main national human rights bodies, resulting in serious gaps and the risk
of fragmented national human rights systems.
92.
Making justice systems work for women, whether by catalysing legal reform, or
supporting legal aid, one-stop shops and training for judges, is key to the sustainability of
women’s political participation. This area requires investment. Recognizing the importance
of strengthening the rule of law, Governments spend a significant amount on legal and
judicial development and human rights. However, targeted funding for gender equality
remains low, and gender budgeting initiatives are primarily focused on providing financial
resources within State institutions.
93.
Civil society organizations have supported ground-breaking cases on women’s
rights generally and as they relate to participation in public and political life. This
underlines the importance of securing the capacity of civil society organizations to
sustainably fund their critical work, including in the areas of litigation for violations of
women’s rights.
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