Compendium of good practices in the elimination of discrimination against women 2017, para. 26
Paragraph- Paragraph text
- The living-law approach looks at laws beyond the text of a legislation or judicial decision, including the dynamic processes by which that law comes into being, is implemented meaningfully and contributes to real and sustainable outcomes for women’s de facto enjoyment of human rights. Thus, a living-law approach involves understanding laws in the context of dynamic and sustained processes situated in local social, political, historical and legal realities and in relation to the acts of a diversity of duty and rights holders alike. As such, the living-law approach is inherently grounded in particular contexts and moments in time. This methodology thus requires examining a multitude of ways and means States have used to achieve successful outcomes in terms of fulfilling their obligations regarding women’s human rights, along with a robust consideration of processes and actors in play, including those that overcome and perpetuate barriers to substantive achievement. This exploration process has not focused on identifying or ranking “best practices”, but rather has examined the ways and means through which States can promote substantive equality, recognizing that progress is not always linear and that de facto change requires multiple strategies; effective responses to lessons learned from mistakes made; context-specific interventions; and sustained time and resources.
- Legal status
- Non-negotiated soft law
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
- Paragraph type
- Other
- Paragraph number
- 26
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