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Annual Report of the WG on Discrimination against Women in Law and in Practice
- Body
- Working Group on the issue of discrimination against women in law and practice
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2012
- Document code
- A/HRC/20/28
Document
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 5
- Paragraph text
- In September 1995, at the Fourth World Conference on Women in Beijing, participating Governments adopted the Beijing Declaration, by which they reaffirmed their fundamental commitment to "the equal rights and inherent human dignity of women and men" (para. 8) and stated unequivocally that "women's rights are human rights" (para. 14). They also adopted the Beijing Platform for Action, in which they pledged to ensure equality and non-discrimination under the law and in practice (strategic objective I.1), and, more specifically, to "revoke any remaining laws that discriminate on the basis of sex and remove gender bias in the administration of justice" (para. 232 (d)). In 2000, during the five-year review and appraisal of the implementation of the Beijing Declaration and Platform for Action by the General Assembly at its twenty-third special session, Governments committed to reviewing legislation with a view to striving to remove discriminatory provisions against women, preferably by 2005.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 6
- Paragraph text
- In 2005, during the 10-year review and appraisal of the implementation of the Beijing Declaration and Platform for Action and the outcome of the twenty-third special session of the General Assembly by the Commission on the Status of Women, concern was expressed that legislative and regulatory gaps, as well as lack of implementation and enforcement of legislation and regulations, perpetuated de jure and de facto inequality and discrimination and that, in a few cases, new laws discriminating against women had been introduced. The Commission therefore decided, in its resolution 49/3, to consider the advisability of the appointment of a special rapporteur on laws that discriminate against women, bearing in mind the existing mechanisms with a view to avoiding duplication. It requested the Secretary-General to report to the Commission on the implications of the creation of such a mandate and to include in his report the views of Member States and relevant United Nations bodies, including the Committee on the Elimination of Discrimination against Women and the Office of the United Nations High Commissioner for Human Rights (OHCHR). The Secretary-General subsequently produced two reports, in 2006 (E/CN.6/2006/8) and 2007 (E/CN.6/2007/8).
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 7
- Paragraph text
- In its resolution 12/17 of 2 October 2009, the Human Rights Council requested the High Commissioner for Human Rights to prepare a thematic study on discrimination against women in law and in practice and on how the issue was being addressed throughout the United Nations human rights system. The request represented a continuation of the commitment made during the World Conference on Human Rights, held in Vienna in 1993, to integrate women's human rights into the overall human rights system. The report (A/HRC/15/40) was presented to the Council at its fifteenth session in September 2010 and discussed during an interactive plenary panel debate. In the report, the High Commissioner concluded that, notwithstanding the work undertaken by United Nations human rights mechanisms, further measures were required to eliminate de jure and de facto inequalities (para. 63). One of the proposed measures was the establishment of a new special procedure of the Human Rights Council that would focus on laws and practices that discriminate against women (para. 57).
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 8
- Paragraph text
- 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.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 9
- Paragraph text
- 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.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Men
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 10
- Paragraph text
- 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.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 11
- Paragraph text
- 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 gender-responsive changes in laws and policies on protection in the workplace, security in the home and community, and entitlements in property ownership and electoral processes.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 12
- Paragraph text
- 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.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 13
- Paragraph text
- 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 marginalization. This requires a comprehensive and coherent human rights-based approach that ensures that women are at the centre of efforts to hold principally States accountable for implementing international standards guaranteeing civil, cultural, economic, political and social rights. National, regional and international human rights mechanisms play critical roles in ensuring the full enjoyment by women of their human rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 14
- Paragraph text
- At the same time, no effective implementation of equality guarantees for women can be sustained without the genuine empowerment of women in all fields. This can only be achieved on the solid foundation of women's equal access to fundamental freedoms and rights, including the rights to security of person, to privacy, to freedom of expression, to freedom of association, and to freedom of thought, conscience and religion, in the context of the broader array of civil and political rights. Women's enjoyment of those freedoms and rights, in turn, can be attained only if they are able to benefit from their economic, social and cultural rights, including equal rights to property, occupation and employment, social protection and participation in cultural life, as well as from effective protection against violence.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 15
- Paragraph text
- To achieve substantive equality in all fields, women initiate, lead and sustain long-term negotiations in formal political and legal institutions as well as in social and cultural organizations and communities. Women take action to end all forms of discrimination and human rights violations, independently as individuals and/or collectively as part of groups, organizations, coalitions and movements. Unprecedented levels of global migration, persistent poverty and inequalities, long-standing unresolved disputes and wars have compelled women to address the human rights of non-citizens and stateless persons, particularly the gendered implications of violations of their human rights. By claiming their place as full and equal citizens of nations and of the global community, women have become crucial agents of change in eliminating discrimination against women in law and in practice. Good practices in sustaining achievements in equality and non-discrimination involve the active agency of women themselves.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 16
- Paragraph text
- The Working Group on the issue of discrimination against women in law and in practice will incorporate this conceptual framework in developing its dialogue with States and other stakeholders on eliminating discriminatory laws, on implementing and improving existing legislation on equality and human rights, and on ways and means to achieve greater progress on gender equality and women's empowerment.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 17
- Paragraph text
- The Working Group has decided to address the elimination of discrimination against women in law and in practice in all fields and from the perspective of States' obligations to respect, protect and fulfil women's human rights. In view of the work being carried out by international and regional human rights bodies and other special procedure mandate holders, the Working Group agreed that it would build on existing standards and initiatives, as well as on the available knowledge and tools produced to date by States, United Nations bodies, and civil society on the subject. Pursuant to paragraph 18 (d) of Human Rights Council resolution 15/23, the Working Group aims to draw on and reinforce the work of the Commission on the Status of Women, the Committee on the Elimination of Discrimination against Women and other United Nations bodies on the issue of eliminating all forms of discrimination against women.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 18
- Paragraph text
- The Working Group will use the term of "good" or "promising" practices rather than "best" practices to take into account the complex contextual framework of practices located in the wide spectrum of bad to good practices. This builds on existing work on this issue by other special procedure mandate holders, which includes the preference towards using the terminology of "good practices". The Working Group seeks to look at good practices that have been transformative in relation to eliminating discrimination against women in law and in practice in different contexts and in the light of the different realities that women face.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- N.A.
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 19
- Paragraph text
- The Working Group intends to identify practices that have strengthened States' efforts to achieve equality and to respect, protect and fulfil women's human rights. [...]
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 19a
- Paragraph text
- [The Working Group will examine:] (a) The extent to which States have met the obligation to respect women's rights to equality and to the exercise and fulfilment by women of human rights and fundamental freedoms. This will involve surveying existing and newly introduced discriminatory laws and practices. The Working Group will pay special attention to the direct or indirect inclusion of discriminatory provisions in legislation or case law that apply discriminatory interpretations of statutory, customary, religious or deontological regulations. The Working Group will compile good practices in the elimination of laws and regulations that are both directly and indirectly discriminatory to women. The examination of good practices for this purpose would include constitutional amendments, judicial review, legislative reform, litigation and case law, policy and institutional reform, independent human rights monitoring, political action, and religious or cultural hermeneutic projects;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 19b
- Paragraph text
- [The Working Group will examine:] (b) The extent to which States have met the obligation to protect women from any act by private persons or entities which would impair women's rights to equality and to the exercise and fulfilment of human rights and fundamental freedoms. This will involve identifying the success or failure of States with respect to eliminating all social, cultural, economic and political practices that constitute discrimination against women, including by establishing accessible and effective gender-responsive justice systems and human rights complaint mechanisms that ensure women's equal benefit and protection of the law. Where courts based on customary or religious law are recognized, special attention will be given to the steps taken by States to ensure compliance with international human rights standards, including on fair trial. This will also involve identifying steps taken by States to enact required equality guarantees in their constitutions and required equality provisions in legislation or other appropriate measures, including but not limited to equal-employment-opportunity laws, prohibitions on trafficking, family laws, and sexual and domestic violence legislation. An examination of good practices for this purpose would highlight the processes which led to the effective protection of women's human rights and basic freedoms on an equal basis with men;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Men
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 19c
- Paragraph text
- [The Working Group will examine:] (c) The extent to which States have met the obligation to fulfil women's rights to equality and to the exercise and fulfilment by women of human rights and fundamental freedoms. This will involve the identification of the variety of measures and steps taken by States to implement equality laws and to prevent the application of gender-neutral laws in a way that has a discriminatory impact on women. Special attention will be given to programmatic and institutional frameworks aimed at fulfilling the specific needs of women, including through specialized national mechanisms and machineries on women's human rights, and through the thorough and consistent compilation of sex-disaggregated data. The examination of good practices for this purpose would include temporary special measures, measures for the accommodation of maternity, and measures to prevent, prosecute, punish, and provide redress in relation to violations of women's human rights, including through transitional justice processes.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 20
- Paragraph text
- The Working Group will review these core obligations as binding on States parties to relevant international human rights treaties, covering all branches of the State (executive, legislative and judicial) and other public or governmental authorities, at all levels (national, regional and local).
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 21
- Paragraph text
- In view of the broad thematic scope of its mandate, covering discrimination against women in law and in practice, the Working Group has identified four thematic areas of focus, namely, political and public life; economic and social life; family and cultural life; and health and safety. The Working Group regards violence against women and the intersection of various grounds of discrimination as cross-cutting in all of its work. It is paying particular attention to specific groups of women, including but not limited to women living in poverty, migrant women, women with disabilities, women belonging to minorities, rural and indigenous women, older women, girls, including adolescents, women in conflict and post-conflict situations, refugee women, internally displaced women and stateless women.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 22
- Paragraph text
- During the biennium 2012-2013, the Working Group decided to focus on two of the four thematic areas identified, namely, discrimination in political and public life, with a focus on political transition, and economic and social life, with a focus on economic crisis.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 23
- Paragraph text
- In 2012 and 2013, the Working Group will address the issue of discrimination against women in law and in practice in the context of political and public life, with a focus on times of political transition. The Working Group's research on this topic will inform its annual report to the Human Rights Council in 2013 and the compendium of good practices that it is expected to complete by the end of its three-year mandate.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 24
- Paragraph text
- The Working Group will address this issue from the point of view of States' obligations to eliminate discrimination against women in political and public life, to fulfil women's civil and political rights in their interrelatedness and interdependence with other human rights, and to provide equal opportunity and ways and means for the empowerment of women in these areas, in accordance with international human rights law. Its approach is based on the recognition of women's right to substantive equality in all aspects of political and public life as a human right essential to women's human dignity. The Working Group intends to articulate, in its 2013 thematic report, the most current understanding of discrimination against women in political and public life, including the intersection of multiple grounds of discrimination, with a keen eye on the differential impacts on women of efforts to eliminate discriminatory laws.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 25
- Paragraph text
- The Working Group is guided by articles 4, 7, 8 and 9 of the Convention on the Elimination of All Forms of Discrimination against Women, as well as the Committee on the Elimination of Discrimination against Women's general recommendation No. 23 (1997), in which the Committee states: The political and public life of a country is a broad concept. It refers to the exercise of political power, in particular the exercise of legislative, judicial, executive and administrative powers. The term covers all aspects of public administration and the formulation and implementation of policy at the international, national, regional and local levels. The concept also includes many aspects of civil society, including public boards and local councils and the activities of organizations such as political parties, trade unions, professional or industry associations, women's organizations, community-based organizations and other organizations concerned with public and political life.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 26
- Paragraph text
- The Working Group will further refer, in particular, to articles 2, 3 and 25 of the International Covenant on Civil and Political Rights and Human Rights Committee general comments No. 28 (2000) on the equality of rights between men and women and No. 25 (1996) on the right to participate in public affairs, voting rights and the right of equal access to public service. With regard to the obligation of States to modify cultural patterns of conduct inhibiting the advancement of women's human rights, the Working Group also refers to Human Rights Committee general comment No. 34 (2011) on the freedoms of opinion and expression.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Men
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 27
- Paragraph text
- In relation to its focus on times of political transition, the Working Group will look at countries that are presently going through processes of political transition, as well as countries with lessons learned from past political transitions, particularly since the entry into force of the Convention on the Elimination of All Forms of Discrimination against Women in 1981. The Working Group is attentive to the fact that while political transitions provide a unique opportunity to improve respect for women's civil and political rights, including their participation in the political system, and women's status in the legal and social systems, there is also a danger of regression on women's human rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 28
- Paragraph text
- The Working Group will also incorporate into its review the fact that women participating in political change and public life are often exposed to violence. The Working Group takes note of reports that women defenders are more at risk than men of suffering from certain forms of violence and other violations, due to the perception that they are challenging accepted sociocultural norms, traditions, perceptions and stereotypes about femininity, sexual orientation, the family and the role and status of women in society.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Men
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 29
- Paragraph text
- The Working Group intends to examine measures taken by States in political transition to improve women's constitutional and political position and their status in society and protect them from all forms of violence. It recognizes the agency of women, including as conducted through international and regional institutions and networks, in influencing positive change at the national level. Recommendations will be made on improving legislation and the implementation of laws to empower women and to secure women's right to a full and equal political and public life.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 30
- Paragraph text
- In order to develop its research on this thematic priority, the Working Group sent letters to all States Members of the United Nations on 8 December 2011 seeking information on: constitutional and other legislative initiatives and reforms put in place to promote women's rights and gender equality; the framework of State institutions, machineries and mechanisms to implement actions in order to fight against all forms of discrimination and violence against women; women's political participation, on equal terms with men, in the transitional and post-transitional process at all levels of decision-making; and women's access to justice, including transitional justice mechanisms. The Working Group takes this opportunity to thank the 40 States that had responded to the call for information at the time of submission of the document.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 31
- Paragraph text
- The Working Group also posted a call for submissions on its web page for information on good practices, lessons learned and promising experiences in the field of political and public life both in general terms and/or with particular reference to times of political transition.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 32
- Paragraph text
- Between 2013 and 2014, the Working Group intends to address the issue of discrimination against women in law and in practice in economic and social life, including in times of economic crisis. The research undertaken on this topic will inform the annual report of the Working Group to the Human Rights Council in 2014 as well as the compendium of good practices.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 33
- Paragraph text
- The Working Group will examine this issue from the normative perspective of the obligations of States to eliminate discrimination against women in economic and social life and to provide equal opportunity and ways and means for the empowerment of women in these areas in accordance with international human rights law. The conceptual context of the study is the recognition of women's right to substantive equality in access to economic and social resources, as a human right, essential to women's human dignity.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 34
- Paragraph text
- In addition, the Working Group will pay specific attention to the way in which current and past economic crises have affected women's access to economic and social resources, as well as policies that effectively protect women's social and economic status during and after economic crisis
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 35
- Paragraph text
- The Working Group will carry out its work on this theme in accordance with its working methods and, in this regard, has initiated cooperation with the International Labour Organization (ILO), the United Nations Research Institute for Social Development (UNRISD) and academic experts and institutions.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 56
- Paragraph text
- The five members of the Working Group on the issue of discrimination against women in law and in practice assumed their functions on 1 May 2011. The Working Group has held three sessions since then and conducted one country visit, namely, to Morocco. At the time of drafting the present report, the Working Group was engaged in dialogue with the Government of the Republic of Moldova on conducting a visit to that country from 21 to 30 May 2012. It will report on its visit to the Republic of Moldova during the twenty-third session of the Human Rights Council. It has pursued active engagement with a range of stakeholders, including States, United Nations organizations and intergovernmental bodies, human rights mechanisms, civil society organizations and academic experts, and has participated in a number of activities of relevance to its mandate, including by contributing inputs on equality and non-discrimination, and protection and promotion of women's human rights, to various initiatives undertaken by others, including other special procedure mandate holders.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 57
- Paragraph text
- In its one year of existence, the Working Group has developed and refined its methods of work, articulated its substantive priorities and developed a plan for implementing its tasks. Given the breadth of its mandate, covering discrimination against women in law and in practice in all fields, the Working Group is focusing on two priority themes in 2012 and 2013, namely, discrimination against women in law and in practice in the contexts of political and public life and of economic and social life. The Working Group is looking at the impact of political transitions and the economic crisis on the enjoyment by women of their human rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 58
- Paragraph text
- The Working Group is aiming to respond to the expectations placed on it by numerous individuals and organizations in relation to issues of discrimination against women. It is communicating with Governments on various issues within its mandate and is undertaking outreach and partnerships with a range of stakeholders to both inform and support its own work and ensure that its outputs catalyse further actions by stakeholders. It looks forward to continuing this engagement with all stakeholders and to responding to issues addressed to it on discrimination against women in law and in practice.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Compendium of good practices in the elimination of discrimination against women
- Body
- Working Group on the issue of discrimination against women in law and practice
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/35/29
Document
Compendium of good practices in the elimination of discrimination against women 2017, para. 11
- Paragraph text
- The present report focuses on good practices in the elimination of discrimination against women in law and practice and women’s empowerment pursuant to Human Rights Council resolution 15/23, in which the Council established the mandate of the Working Group, including the collection of best practices in the area of the mandate and the development of a compendium of best practices.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 12
- Paragraph text
- The Working Group, in establishing its conceptual framework and working methods (A/HRC/20/28), decided to use the term of “good” or “promising” practices rather than “best” practices, taking into account the complex contextual framework of the wide spectrum of good to bad practices.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 13
- Paragraph text
- The present report builds on the Working Group’s first six years of work, of which investigating good practices was a core undertaking. It is the fruit of a long-term process of inquiry and consultation undertaken with States, United Nations agencies and civil society. It is informed by the Group’s 4 thematic reports and 12 country visits, as well as data gathered through research and consultations held specifically for the present report.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 14
- Paragraph text
- The Working Group wishes to express gratitude for the information submitted by diverse stakeholders in response to its questionnaire. In order to ensure diverse inputs, the Group also benefitted from the support of a team of researchers based in all regions of the world, coordinated by the Women’s Human Rights Education Institute. It also held consultations with States, civil society organizations and United Nations entities when support was available. The enormous amount of data received goes well beyond the bounds of the present report and is available on the Group’s website.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 15
- Paragraph text
- The Working Group appreciates that significant work has been done by other human rights mechanisms and United Nations agencies to gather good practices in the context of their work. It notes that there is no harmonized understanding of how to identify and investigate good practices, particularly in the context of the elimination of discrimination against women. Building on existing work in this area, the Group seeks to articulate its experience and expertise to further the conversation on methodological understandings of “good practices” and/or “promising practices” in the context of ending discrimination against women, to identify and share examples of good practices that serve as creative inspiration for the implementation of women’s human rights in multiple contexts, and to open an ongoing engagement process of collective knowledge-building in this area.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 16
- Paragraph text
- The purpose of the compendium, an exercise that extends beyond merely compiling a series of good laws or legal amendments, is to explore good practices that promote the elimination of discrimination against women, supporting both de jure and de facto realization of rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 17
- Paragraph text
- The law is an essential mechanism for women’s enjoyment of human rights. Law is both informed by and the creator of norms in society. Laws determine the values and operating principles by which actions and behaviours are deemed acceptable, or criminalized and stigmatized, and can have an enabling or chilling effect on women’s human rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 18
- Paragraph text
- The Working Group considers that laws may at times constitute good practices in and of themselves, but that more often they function as a component in the development of good practices. Constitutional amendments, laws or legal reforms, court decisions and the full range of ways in which laws are crafted and codified in diverse societies form an important piece of the “good practices” puzzle, and can have an immediate impact on de facto equality. A law can be “promising” or “good” in its crafting and articulation, and a court decision can be good, but for it to be considered a good practice, a wider context must be considered than can be found simply through analysis of a legal text. The Group is of the view that a good law usually becomes a good practice in conjunction with ancillary factors, such as the process by which it comes into being and is disseminated, operationalized and implemented. This is not to understate the importance of the law itself, but rather to emphasize that considerations of good practices cannot be based wholly on the legal texts themselves, but must be analysed in context, including tangible outcomes in lived reality.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 19
- Paragraph text
- Consideration of good practices in a global context requires an expansive approach to looking at the law and its implementation, to allow for inclusion of diverse practices reflective of varied political and legal systems and to support the identification of creative methods of supporting rights-fulfilment. Therefore, the present report includes not only all those constitutional, legislative and other rules and norms that are considered law in different legal systems, but also judicial review, legislative reform, litigation and case law, policy but also institutional reform, human rights monitoring, religious or cultural hermeneutic projects, partnership agreements between State and non-State actors, local, national and regional legal frameworks.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 20
- Paragraph text
- Significant progress in legal and policy frameworks for women’s rights has been made in the past decades. Nevertheless, while many countries have undertaken to repeal discriminatory laws, such laws persist in many parts of the world. Severely discriminatory laws and practices remain in particular areas of women’s human rights that continue to be contested, such as sexual and reproductive rights and equal rights in the family. Discriminatory laws also exist where the law is used punitively against women to maintain patriarchal values or to criminalize women’s struggles for their rights. In all contexts, there are ongoing challenges to the inclusion of an intersectoral approach to women’s full equality. Even in areas where the legal framework has advanced, or in societies with extensive and robust gender equality laws and policies, the test lies in the ability to implement progressive laws in practice. Innumerable barriers remain on many levels, not least of which is the male-controlled and discriminatory environment within which laws are operationalized. A good law requires a fully ameliorating environment in which it can be meaningfully implemented. No matter how strongly the law is drafted, it is filtered through the biases and limitations of the individuals and institutions, public and private, responsible for grounding it in reality, compounded by a social environment that disadvantages women through the perpetuation of historical discrimination, the patriarchal construction of gender and the perpetuation of stereotypes and prejudices. These factors must be considered closely when identifying which laws have become good practices.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 21
- Paragraph text
- The question of how to identify good practices in ending discrimination against women is particularly poignant at this historical juncture, where a profound backlash against hard-won progress is occurring in all spheres. The continuing rise of fundamentalisms of all kinds and openly misogynistic, racist, xenophobic and populist voices, including Governments, is of grave concern to the Working Group. Efforts to re-entrench patriarchal understandings of sex, gender and family into the law point to important questions about sustaining progress and ensuring that good practices continue to be possible in fraught contexts. Ongoing attacks on autonomous women’s movements, civil society organizations, independent academia, public interest lawyers and women’s human rights defenders by State and non-State actors alike underscore the importance of not only protecting and supporting the crucial role of women human rights defenders, but also identifying those good practices which uphold human rights gains.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 22
- Paragraph text
- Naming a “good practice” is a complex process. The purpose of investigating and sharing good practices is to help build collective knowledge and public recognition of the steps and processes States must undertake to fulfil their obligations under international human rights law. States’ duty to respect, protect and fulfil women’s human rights are requirements of human rights law. Good practices illustrate the ways and means to implement human rights most effectively in diverse contexts. When good practices are viewed in isolation from the breadth of actions and actors involved in processes of social change, they can lose their power as a source of learning and fail to enhance collective knowledge of what it takes to bring human rights principles into reality.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 23
- Paragraph text
- The Working Group stresses that human rights are universal while recognizing that good practices must reflect the multiple contexts of diverse stakeholders. Frameworks of analysis thus require flexibility and creativity to capture the full complexity of any practice, including both its successes and shortcomings. This emphasis on context also requires a robust consideration of current challenges to human rights implementation on a global, regional, national and local scale. This contextualized consideration of challenges and search for good practices in no way derogates from the assertion in the Vienna Declaration that women’s rights are human rights and “all human rights are universal, indivisible, interdependent and interrelated”.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 24
- Paragraph text
- The Working Group found that many examples cited as good practices in law did not show the process by which they were established, or the many factors and diverse actors that enabled the practice to come into being. In the present report, the Group undertakes to focus on the process of developing the ways and means to implement women’s right to equality. To understand what is required to support gender equality from a holistic approach, both quantitative and qualitative data are equally necessary, and, given the long-term process of social change, an historical perspective is important.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 25
- Paragraph text
- Given these complexities, the Working Group proposes a methodology for identifying good practices by investigating partial and substantial victories in the realization of women’s human rights with a view to decoding the full breadth of actors, initiatives and milestones required to fully implement State obligations under international human rights law. Rather than making generalizations about indicators of good practice, the Group’s research process focused on investigating and documenting promising and good practices in all regions of the world by applying a living-law approach.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 26
- 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.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 27
- Paragraph text
- The Convention on the Elimination of All Forms of Discrimination against Women, which has been ratified almost universally and is considered by many jurists to be part of customary international law, determines that States have the obligation to respect, protect and fulfil women’s right to non-discrimination and to the enjoyment of equality in all fields. Those rights are also enshrined in other international and regional human rights conventions. The scope of the Convention includes and goes beyond de jure discrimination, requiring nothing less than substantive equality, or women’s full de facto enjoyment of their rights. National legal frameworks must be developed, adopted and implemented from a holistic rights-based approach that addresses the fullness of State obligation, including: (a) respecting rights by repealing and eliminating laws or any other State action that directly or indirectly discriminate against women; (b) protecting rights by acting with due diligence to ensure that neither State or non-State actors violate women’s rights and ensuring redress for violations; and (c) fulfilling rights by ensuring that laws and attendant policies contain comprehensive measures to guarantee their meaningful implementation and impact on women’s empowerment. The scope of State obligation under the Convention requires active measures to combat patriarchal attitudes and stereotypes that shape an environment in which discrimination against women is tolerated and normalized, both in the law and in the application of the law. The Convention demands multi-pronged strategies to promote social change, not only isolated actions to improve women’s access to existing systems. States are obliged to establish a strong legal infrastructure to support women’s de jure and de facto equality as an important step in the cultivation of good practices.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 28
- Paragraph text
- The case studies offer both practical and conceptual insights into good practices and have the potential to serve as road maps. Some are promising practices that have not fully come into fruition or that have been derailed but are nevertheless illustrative and important for understanding what is required to develop and sustain good practices in the elimination of discrimination. Although contexts vary, core principles that create ameliorating environments for women’s human rights are transferable, even when a practice is not directly replicable.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 29
- Paragraph text
- The cases are organized under the themes of the Working Group’s reports to date, with a fifth section highlighting a salient theme that emerged from the research process: the role of autonomous women’s organizing. Owing to space limitations, each case is offered in summary format; more detailed renderings are included in an appendix to the report available on the Group’s website.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 30
- Paragraph text
- The right to participate in all areas of political and public life is an essential prerequisite for the fulfilment of many other rights. Despite progress in many States, women’s representation in elected office — especially at the senior level, the judiciary, civil service or in entities such as unions, national human rights institutions or international agencies, including the United Nations — falls short of the good practice standard of equal representation.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 31
- Paragraph text
- Good practice requires: (a) the removal of barriers, whether cultural, economic, institutional or religious, preventing women from having an equal opportunity to gain access to positions of power at all levels; (b) the elimination of disempowering stereotypes, misogyny and violence against women in public and private spheres; (c) parity for women in decision-making forums; (d) and gender-sensitive mainstreaming of policymaking processes, including budgeting.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 32
- Paragraph text
- The following case study was from the Asia region. Despite strong constitutional guarantees for “equal status of opportunity” and non-discrimination on multiple grounds, discrimination against women remained deeply entrenched. This resulted in women’s exclusion from political and public life, particularly in rural areas and among ethnic minorities and marginalized groups of women. In 1993, in an effort to address structural barriers to women’s participation in political and public life, the State had adopted a constitutional amendment mandating one-third reservations for women — including women from historically disenfranchised groups — in village and district councils throughout the country. Consequently, the 1994 elections had brought nearly 1 million elected women representatives into local governance bodies.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 33
- Paragraph text
- As the law had been enacted quickly and without supportive measures, many challenges arose. This included the placing of women as proxy candidates for male politicians; patriarchal and ethnic divisions that led to active exclusion of elected women representatives; a lack of appropriate support and skills development to address widespread illiteracy among rural women; a democratic deficit due to the history of exclusion from public life; women’s lack of self-perception as leaders; and a backlash in the form of harassment, social exclusion and gender-based violence. It was also found that many elected women representatives were unlikely to contest elections more than once.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 34
- Paragraph text
- In response, civil society organizations, government and international agencies introduced initiatives to support women’s participation. Pre-election voter awareness campaigns were undertaken to counteract the perception that the one-third reservation signified the maximum number of seats available for women. A range of programmes were also undertaken in ensuing years, including longer-term capacity-building efforts led by civil society organizations with elected women representatives, in which women representatives received both ongoing training to strengthen their leadership and advocacy skills and education on gender issues of concern in the community.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 35
- Paragraph text
- Women were also mobilized through the establishment of an ongoing meeting platform for elected female representatives at the village level designed to support them in preparation for making policy recommendations at the main village council meetings. Given their success, these meeting platforms have been legally mandated since 2012, requiring all local governments to hold such meetings in advance of general village meetings. Additionally, the legal framework was further fortified through State-level laws entrenching or boosting the quota from one-third to 50 per cent, including leadership positions. A draft constitutional amendment in 2009 sought to raise the requirement to parity within all elected positions nationwide, but the bill lapsed.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 36
- Paragraph text
- Research overwhelmingly indicated that the presence of women in rural governance has had positive impacts on key gendered concerns, including the improvement of health services, water and sanitation facilities, and microcredit schemes for women. Issues related to discrimination and violence against women were also being addressed by women representatives. Additional research showed significant impacts on attitudinal changes and in the elimination of gender stereotypes, demonstrated in shifts in the organization of labour in households, women’s self-perception and increased societal support for girls’ education and future aspirations. These correlations increased in villages where women chairs had been elected a second time.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Water & Sanitation
- Person(s) affected
- Girls
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 37
- Paragraph text
- The introduction of quotas provided a strong and unassailable legal prerogative for women’s inclusion in local-level political bodies. However, the legal framework on its own was insufficient to ensure the meaningful political participation of women until the introduction of complementary measures, integrally involving civil society organizations, that addressed the patriarchal context and women’s historical disenfranchisement and ongoing discrimination.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 38
- Paragraph text
- While this good practice has enabled the participation of more than 10 million rural women in local politics, it has not led to greater political participation of women at higher levels of governance. Indeed, the Government has yet to be successful in adopting quotas or parity laws for women at higher levels of government, raising questions regarding the limits and sustainability of continued growth in women’s political participation and access to power.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 39
- Paragraph text
- The adoption of parity laws or quotas for women is a good practice to combat the manifold barriers to women’s political participation and to ensure immediate representation of women in political bodies.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 40
- Paragraph text
- Policies must be implemented in tandem with quotas to mitigate the effects of historical discrimination and to support women’s success and impact in politics, including capacity-building performed in tandem with autonomous women’s organizations as well as regional or international partners.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 41
- Paragraph text
- Women’s right to equality in economic and social life as enshrined in multiple human rights treaties is substantive, immediate and enforceable. States are obliged to act with due diligence to prevent discrimination of those rights by any actors and to ensure their fulfilment. Yet women continue to experience discrimination in all areas of economic and social life. The feminization of poverty, particularly in contexts of crisis and austerity, is a well-documented phenomenon. Gender stereotypes perpetuate women’s economic and social marginalization, exclude them from the labour market and place a disproportionate burden on them for unpaid, low paid or informal work. Intersectional discrimination on the grounds of ethnicity, age, disability, sexual identity or orientation, among others, disproportionately marginalizes particular groups of women.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 42
- Paragraph text
- Good practice in promoting women’s equality and empowerment in economic and social life requires measures that support equal opportunity, accommodation for gender-specific needs and equal enjoyment of benefits. In accordance with international standards, equal opportunities, equal pay for work of equal value, paid maternity leave in accordance with international standards and parental leave for both men and women must be legally mandated in both formal and informal employment sectors. Women must be fully integrated into economic policymaking both at the State level and in financial institutions that determine economic policy in practice.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Men
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 43
- Paragraph text
- The following case study originated in a country in the Western region with a strong commitment to gender equality, owing in large part to a history of organization by women’s that contributed to a wide acceptance of feminism in society and shaped progressive government policies. Nevertheless, inequality included a persistent gender wage gap; high gender segregation of the labour market, including women’s low leadership levels in the private sector; and prevalent gender-based violence.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 44
- Paragraph text
- Nonetheless, social awareness of women’s issues in the country was uniquely strong, creating an ameliorating environment for mobilization around feminist analyses of social, political and economic issues. This was evidenced in 2008 when the complete collapse of the country’s banking system led to a major financial crisis. Widespread protests precipitated a change in Government and led to the election of a feminist Government headed by a woman, who appointed women to most cabinet roles, including the Ministries of the Economy and Finance. The new administration commissioned an analysis of the banking crisis to build upon existing feminist critiques of the masculinist financial culture of unfettered risk and neoliberal policies as major causative factors. The research confirmed those critiques and highlighted the effects of increasing privatization of political power among predominantly male, private-sector elites, whose actions had precipitated the crisis.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 45
- Paragraph text
- A somewhat unconventional approach to the economic crisis was thus grounded in a gender analysis that focused on maintaining gains in equality as part of the economic recovery process. It combined temporary policy and executive decisions aimed at preventing disproportionate effects on women and vulnerable sectors of the population with mechanisms and measures for ongoing monitoring and data collection to ascertain impact. Simultaneously, the Government prioritized the implementation of long-term legal and policy measures to strengthen gender equality.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 46
- Paragraph text
- Between 2009 and 2013, the Government introduced temporary measures to counter the shifting effects of the crisis on women and men. As a result of pressure to cover the foreign debt that had been accumulated by national banks, the Government made cuts in infrastructure such as health care and primary education, as well as in family benefits such as parental leave. However, the resulting funds were strategically used to provide nominal increases in basic unemployment benefits, social protection allowances and disability pensions to shelter individuals most affected by the resource cuts. Elderly women and women with disabilities were the major beneficiaries, and women made up almost two-thirds of unemployment benefits claimants. In addition, measures to tackle household debt by sheltering low-income and single-parent households from losing their disposable earnings benefitted women, as they were likely to feature more prominently in both categories.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 47
- Paragraph text
- Concurrently, the Government maintained a focus on long-term measures to promote gender equality, including the introduction of gender-responsive budgeting, the appointment of gender equality experts within different ministries, the adoption of quotas on the boards of corporations and plans of action for gender equality and violence prevention. The Government also established monitoring mechanisms, such as a gender equality watch and a welfare watch. The welfare watch — which initially operated from 2009 to 2013 under the Ministry of Welfare and a steering committee of experts from Government, labour groups, academia, the financial sector, teachers’ unions, civil society organizations and stakeholders — was in charge of assessing the most pressing welfare issues to be addressed and proposing gender-responsive measures. The model was recognized as innovative and effective.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 48
- Paragraph text
- While assessment of the impact of such measures was not uniform, and questions remained about whether the gendered analysis and approach to the crisis had deep impacts on the reconstruction of the economy, it can be said that the gender-sensitive response of the Government pre-empted a regression in welfare and women’s rights that had usually accompanied austerity measures. In addition, knowledge of the gendered and intersectional dimensions of crises and the effectiveness of the responses was enhanced through monitoring and data collection. The policies undertaken in response to the crisis demonstrated not only an uncompromising commitment to gender equality but also an acknowledgment of its centrality to a healthy, robust and resilient society.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 49
- Paragraph text
- The integration of gender responsive measures and protection of social welfare systems during economic crises can protect women’s human rights gains and, at the same time, support healthy recovery.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 50
- Paragraph text
- Efforts to sensitize society to women’s human rights issues and feminist analysis, and their inclusion in Government research and policy, create an ameliorating environment for progressive legal and policy development and implementation, in contrast to a masculinist financial culture of unfettered risk and neoliberal policies.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 51
- Paragraph text
- Cultural rights are central to the realization of women’s human rights. Culture is neither homogenous nor immutable but is often presented as being so, and hence as creating an irrevocable barrier to equality rights for women. States have obligations to recognize and actively combat the deep entrenchment of patriarchal culture based on gender stereotypes in legal, political, religious, social and cultural institutions. While this obligation applies to all aspects of life, patriarchal gender stereotypes are often firmly entrenched in laws and social norms governing family, and often reinforced by religious authorities.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 52
- Paragraph text
- Good practices in cultural and family life require a guarantee of women’s right to equality in autonomy and self-determination and the legal and social recognition of women as agents of cultural change. Legal and cultural norms that subjugate women to male control must be actively challenged and eradicated. States must endeavour to repeal all discriminatory provisions in the law, particularly those governing marriage and divorce, child-rearing, inheritance, freedom of movement, access to capital, credit and income-generating activities. In addition to the elimination of direct discrimination, good practices in this area require that States take active measures to support substantive equality through the law and long-term awareness-raising initiatives directed towards the eradication of patriarchal stereotypes and attitudes.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 53
- Paragraph text
- The following case study originated in Eastern Europe, in a State that had undertaken a lengthy legislative and institutional reform process since gaining independence in 1991. In a predominantly patriarchal context, attempts to introduce and support legal and policy frameworks for gender equality had faced significant opposition. Subsequent to a review in 2009 by the Committee on the Elimination of Discrimination against Women, the Government adopted a gender policy concept paper and strategic action plan for the period 2011-2015, including provisions for gender sensitization of teachers and educational curriculum.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 54
- Paragraph text
- In 2013, Parliament passed a law on the equal rights and equal opportunities of women and men. The law reiterated the constitutional guarantee of gender equality, defined gender discrimination and contained provisions against direct and indirect discrimination. However, the law generated a great deal of social controversy and backlash because of the perception that it represented an attack on “family values”. Women’s civil society organizations became targets of harassment and protests erupted, with demonstrators calling the law “national treason”.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 55
- Paragraph text
- The Government had achieved little progress in implementing the gender policy strategic action plan, owing in part to the public backlash and lack of resource allocation. A civil society organization from the women’s rights movement secured funds to launch a three-year project on gender sensitive education to address a social and cultural environment characterized by profound resistance to the concept of gender equality.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 56
- Paragraph text
- That civil society organization navigated the challenging context by building strategic partnerships with experts and Government. Together with educational experts, they developed a theoretical and practical educational guidebook entitled “Women and Men: Different but Equal”, which was subsequently approved for use by the Ministry of Education and Science. It supported the incorporation of gender curricula into mandatory courses, such as social studies, and included discussion of gender, reproductive rights and violence prevention.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Health
- Person(s) affected
- Men
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 57
- Paragraph text
- In order to institutionalize gender-sensitive teacher training, advocates from civil society organizations convened meetings with government ministries, other such organizations, educators and experts to develop a training module on gender equality and gender violence in partnership with the National Institute of Education, the authority in charge of teacher training. Despite some school directors’ resistance, thousands of social science teachers were trained and the Institute is committed to institutionalizing the training.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 58
- Paragraph text
- According to evaluations, despite its short duration, the project’s focus on education is a promising practice for a number of reasons. First, what started as a civil society organization initiative attracted the institutional support of the National Institute of Education and the Ministry of Education and Science in the dissemination of the educational guidebook in schools, the development of the teacher training module and the roll-out of training sessions. In addition, the undertaking created a political space for civil society organizations and public authorities to take action in a challenging context, allowing meaningful steps towards fulfilling the objectives of the strategic action plan.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 59
- Paragraph text
- While these measures alone will not achieve substantive equality, intervention in the education system is projected to bear fruit in terms of creating a positive environment for social discussion of and support for gender equality issues. Preliminary outcome studies of training programmes in two regions of the country demonstrated shifts in attitudes towards gender equality and violence against women, but the curriculum and training policies have not yet been applied uniformly across the country, limiting systemic impact.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 60
- Paragraph text
- Project evaluation shows a need for further focus on planning, as well as measurable objectives and outcomes for the training. Resource allocation is also an issue. Currently, the teacher training has been institutionalized only as a one-hour module, despite calls for more comprehensive training. A greater investment of time is warranted to support attitudinal and behavioural changes.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 61
- Paragraph text
- The gender-sensitive education initiative is a promising practice in a fraught context, but is not a stand-alone measure. The case study demonstrates that gender equality cannot be fully achieved through sectorial approaches, but instead requires the creation of an enabling environment animated by comprehensive long-term measures emphasizing the interconnectedness of women’s rights in order to yield both legal and social change.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 62
- Paragraph text
- The partnership of autonomous women’s organizations and independent experts with expertise in women’s rights with public authorities is a key element of progressive policy implementation.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 63
- Paragraph text
- Public education and teacher training are a crucial entry point for addressing systemic discrimination and promoting a culture of human rights, undertaken in tandem with complementary measures for systemic change.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 64
- Paragraph text
- Health is defined by the World Health Organization as “a state of complete physical, mental and social well-being”. Women’s rights to equality and to the highest attainable standards of health, including those related to reproductive and sexual health, and the interconnected right to a life free of violence are enshrined in international and regional human rights instruments and reaffirmed in international consensus agreements, yet remain among the most contested and violated women’s human rights standards. Gender-based violence and the instrumentalization and politicization of women’s bodies and women’s health agenda continue to undermine the fulfilment of women’s human rights throughout the world. These violations, fed by patriarchal ideologies and stereotypes that reduce women to means of reproduction or sexual objects, undermine women’s autonomy and self-determination, affecting the fulfilment of their human rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 65
- Paragraph text
- Good practices in this area require a differentiated approach in order to meet women’s particular needs, influenced by biological functions and social constructions of gender alike. The instrumentalization of women’s bodies, particularly as regarding sexual and reproductive health, and the ongoing normalization of violence against women must be combatted through rights-based measures that put women’s right to dignity, autonomy and self-determination at the core of legal and policy undertakings.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 66
- Paragraph text
- The following case study from the African region elucidates the myriad factors required to develop and maintain a good practice in addressing violence against girls, as well as the attendant impacts on the right to health, safety and access to justice, among others. The background to the case begins with a constitutional reform process undertaken with high levels of public engagement, resulting in 2010 in a robust new constitution that included strong equality provisions, the incorporation of international and regional human rights treaties and the creation of an ameliorating environment for public interest litigation.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- Girls
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 67
- Paragraph text
- In 2011, a social worker who founded a local shelter for girl survivors of sexual violence and an international human rights lawyer initiated a coalition with local, regional and international civil society organizations, feminist lawyers and the national human rights commission to file a case seeking to hold the police accountable for failure to address rampant sexual violence against girls. The 160 Girls case was brought to the High Court in 2012. With the support of the shelter, 11 applicants were chosen from more than 160 victims of child rape who had been denied access to justice. The remaining victims were represented by the twelfth applicant, which was the rape shelter itself. It was the first case brought to the High Court under the equality provisions laid out in the 2010 Constitution. The decision was instrumental in establishing the failure of the police to meet national and international standards to conduct prompt, effective, proper and professional investigations into complaints, thereby preventing access to justice. With the use of relevant international human rights instruments and progressive interpretation of constitutional rights and State obligation, the jurisprudence was precedent-setting. The seminal contribution of the decision lay in establishing the rights of the child and the delineation of the scope of State obligation in protecting children from violence, and the duty to investigate and apply existing rape laws.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 68
- Paragraph text
- In its decision, the Court recognized that the girls’ constitutional rights had been violated and that the police had failed to act with due diligence as agents of the State. The police force was ordered to implement article 244 of the Constitution, requiring them to train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity. Police officers were ordered to investigate the perpetrators of the 11 applicants and to ensure effective investigations in all child rape claims. As at early 2016, 80 per cent of such cases had resulted in convictions, while others were pending before courts and additional investigations had been initiated. The judgment has been referenced in other cases, including an important class action suit by victims of post-election violence, and the high courts have issued further progressive decisions on related grounds.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 69
- Paragraph text
- What makes this case study a uniquely good practice is that, rather than ending with a court decision, the coalition of organizations involved continued to work together to expand that decision into a comprehensive movement for change. The 160 Girls Project developed as a result of the case centres on training and education programmes involving police, shelters, social workers and community members to ensure a multi-level long-term impact. A rape investigation training programme for police was developed that included a peer-to-peer train-the-trainers element with international police officers and ongoing training from equality lawyers and the national human rights commission. Research has shown positive impacts, including documented attitudinal changes and increased professionalism in the handling of child rape cases. Furthermore, training programmes have been developed for shelter workers on documenting sexual violence cases and the rights of victims.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 70
- Paragraph text
- Community education programmes are a key component of the implementation strategy. In this case, a robust pilot project on public legal education included community training on the decision and the related girls’ rights and police obligations; awareness-raising events including drama/theatre and panel discussions; rights-training for children; a smartphone application giving details on the steps to take in rape investigations; and public awareness materials, including billboards, radio and television programmes, social media outreach and short videos on the Internet. These measures have been replicated in other parts of the country.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Person(s) affected
- Children
- Girls
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 71
- Paragraph text
- While the ongoing efforts of project partners have ensured sustained impacts, the context of endemic sexualized violence against girls and women continues to be an issue. Those regions of the country that face heightened security issues present challenges, and it remains to be demonstrated whether there can be shifts in public sentiment regarding rape of women. A highly active civil society ensures that courts continue to be used to push for progress on the implementation of girls’ rights and on State responsibility for protecting children against sexual violence. However, it is unclear whether civil society organizations bear a disproportionate burden vis-à-vis the State, and whether the enabling context for such organizations will be maintained. Challenges include ensuring ongoing sources of funding for the project and decreasing reliance on overseas funding.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 72
- Paragraph text
- A strong human rights-based constitutional framework for equality, a progressive judiciary, an active autonomous civil society and an environment conducive to public interest litigation are important complementary factors in the development of good practices.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 73
- Paragraph text
- Impact is attained through follow-up measures and sustained action, by both State and non-State actors. Progressive court decisions must be widely disseminated and popularized among duty holders and rights holders alike to have broader structural impact.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 74
- Paragraph text
- Women’s participation and self-determination in the development and application of the laws that shape the parameters of their lives is a human right. Supporting the existence of and collaborative engagement with autonomous women’s movements is a core component of State obligation to end discrimination against women. The case studies investigated for the present report demonstrate the centrality of an active citizenry, autonomous women’s movements and civil society organizations with progressive frameworks that align with women’s human rights standards as key factors in achieving positive changes in the development and application of the law.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 75
- Paragraph text
- The Working Group considers that the study of the ways and means by which those movements engage with processes of change involving the law merits in-depth consideration. Such investigation will reveal specific ways that States can create an ameliorating environment for and work collaboratively with autonomous women’s movements towards eliminating discrimination against women in law and in practice.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 76
- Paragraph text
- The three case studies below exemplify the crucial role of women’s autonomous organizing in the interrelated developmental processes of good practices as articulated in the living-law approach of the present report.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 77
- Paragraph text
- The following case study, originating in a country of the Middle East and North Africa Region, highlights the central role of women’s autonomous organizing in promoting political and legal changes to eradicate discrimination against women and to promote substantive equality. The country had a long history of Government-led reform promoting gender equality in the law. This included broad legal reforms granting women autonomy and self-determination in public and family life, with progressive provisions in terms of sexual and reproductive rights. Women’s organizations had previously existed, but the political climate did not support autonomy. Growing authoritarianism in the regime and the prevalence of discriminatory attitudes had diminished the transformation of women’s traditional roles and the attainment of substantive equality. In 2011, a political revolution led by social movements brought about the downfall of the Government and led to the democratization of the State.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 78
- Paragraph text
- Women’s organizations played an important role in achieving the goals of the revolution and continued to play an active role in the emergence of a new vision for gender equality. The post-revolution period generated significant public debate during the drafting of a new constitution. Women’s movements worked to keep women on the agenda, introducing a draft feminist constitution early in 2012 that they were invited to present to the National Constituent Assembly. They continued to advocate and mobilize society to oppose regressive elements, maintaining pressure for strong gender equality provisions. In 2012, women successfully organized against article 2.28 of the draft constitution, which had established the complementarity of men and women, rather than the right to equality. The women’s movements, with the assistance of the Working Group through its communications and a country visit, brought about a revision of the draft constitution. That victory was a key factor in the development of a rights-based constitutional framework for gender equality.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 79
- Paragraph text
- The new Constitution, adopted in 2014, enshrined the equality of the sexes before the law without discrimination and committed the State to protecting and strengthening gains in women’s rights, guaranteeing the equality of opportunities in all domains and protecting against legal regression. Another progressive measure was the inclusion of the principle of parity in elected assemblies and a clear statement that men and women alike could run for president. The progressive framework of the constitution was protected in article 49, which affirmed that no amendment could undermine the human rights and freedoms guaranteed in the Constitution.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 80
- Paragraph text
- Women’s rights advocates pointed to some areas of concern in the constitutional framework that were illustrative of the ongoing political and cultural struggle between the protection and contestation of conservative gender roles. While a single State religion was recognized and protected in the Constitution, it also includes provisions reiterating that the country was a civil State based on the primacy of law that promoted moderation and tolerance. How those potentially conflicting interests would work out in practice remained to be seen, particularly given that the constitutional courts were not yet in place.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 81
- Paragraph text
- While insufficient time has elapsed since adoption of the 2014 Constitution to fully assess its impacts, the crucial importance of this broad legal umbrella for women’s equality cannot be overstated. Translating constitutional protections into reality will require the ongoing harmonized efforts of the Government and civil society. Some constitutional provisions have yet to be entrenched in the law, such as the stalled adoption of a law on violence against women, which was being discussed in Parliament at the time of writing. In the area of political participation, a 2016 amendment to the electoral law implanted the constitutional principle of political parity into law. Applying to municipal and regional elections, the law included “vertical and horizontal gender parity”, guaranteeing a 50/50 split and alternation to ensure leadership positions for women. Elections scheduled to be held in 2017 thus open the way for a massive entry of women into local politics, creating huge potential for social transformation if well supported and sustained.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 82
- Paragraph text
- The active participation of citizens and women’s organizations in the process of democratization and constitution drafting are key to the adoption of a progressive, rights-based constitutional framework that creates an enabling legal environment for women’s human rights implementation.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 83
- Paragraph text
- Robust and detailed constitutional gender equality protections based on international human rights standards are essential for a strong and enforceable domestic legal framework, and the active intervention of human rights organizations at the request of civil society can contribute to achieving the gender equality goal.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 84
- Paragraph text
- Longstanding internal armed conflict in one country in the Latin America Region has displaced more than 6 million people internally. Half of those are women, who have suffered a traumatic change in gender roles, family structure and socioeconomic and cultural standing, deepening gender and social inequalities and increasing risk of violence and gender-based discrimination. While many challenges persist, the situation faced by displaced women has improved over the past decade, largely owing to three ground-breaking decisions of the Constitutional Court, shaped by widespread citizen and civil society organization mobilization and implementation efforts.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Persons on the move
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 85
- Paragraph text
- For many years, internally displaced people and civil society organizations had demanded protection measures from the Government without receiving an appropriate response. This had prompted hundreds of displaced persons to invoke the protection of the judiciary through the judicial remedy known as a tutela: a constitutionally established judicial action that citizens can bring before any judge to ensure the effective exercise of their human rights. By 2004, tribunals had received tutelas submitted by 1,150 displaced families, accumulated in a dossier by the Constitutional Court that led to a judgment declaring that the humanitarian emergency caused by forced displacement had created an unconstitutional state of affairs characterized by massive human rights violations associated with systemic failures in State assistance to displaced persons. Accordingly, the Court ordered the Government to adopt structural measures, a measure that has spawned a lengthy implementation process.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 86
- Paragraph text
- The Constitutional Court used its power to assess implementation of its own judgment, issuing two further orders on the rights of displaced women. In 2008, the Court handed down a decision that was considered a global pioneer in the treatment of sexual violence during internal armed conflict. It identified 10 risks that forcibly displaced women faced, including extreme risk of sexual violence, and 18 gender facets of displacement, including patterns of discrimination and violence. Accordingly, the Court ordered the Government to create and implement 13 programmes with a gender-sensitive approach, including violence prevention, the right to health and education and access to land, justice and reparations. The Court also took an intersectoral approach, highlighting heightened risks faced by girls, indigenous, black and community women leaders, and women with disabilities. The Court ordered the allocation of sufficient resources to guarantee implementation of the programmes, refusing to recognize lack of budget as valid justification for non-compliance.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Persons on the move
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 87
- Paragraph text
- In 2015, the Court issued an order declaring the persistence of failures in the assistance, protection and access to justice for women victims of sexual violence. That decision consolidated the constitutional framework to address the gendered impact of armed conflict on the forced displacement of women in the country. That protection framework — effectively transforming a government response to forced displacement using a gender perspective — is a pioneering example globally. That extraordinary achievement was partly due to the longstanding efforts by Latin American women’s movements to strengthen the capacities of the constitutional courts in the field of women’s rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 88
- Paragraph text
- The active involvement of internally displaced women and civil society organizations was essential throughout the process. Displaced women brought hundreds of tutelas before tribunals to demand their rights and participated in public hearings convened by the Constitutional Court or civil society organizations sharing their experiences and perspectives. The Court’s decisions were informed by formal submissions by such organizations, presenting experiences of women and girls forcibly displaced around the country.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 89
- Paragraph text
- Women and civil society organizations responded to the Constitutional Court’s request to participate in the design and implementation of the decisions. This resulted in the collective development of indicators to monitor the 2004 order and the establishment of a working group to monitor compliance with the orders, which was essential in assessing the implementation of the decisions and in providing technical assistance for the implementation of government programmes. Civil society organizations also operated numerous programmes that provided humanitarian, legal and psychosocial support to displaced women and their families. Those organizations also used international human rights mechanisms to keep a spotlight on displaced women, and carried the topic into recent peace negotiation processes. The 2016 peace agreement addressed many of the demands in the three decisions, contributing to their sustainability.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 90
- Paragraph text
- Despite this extraordinary protection framework, implementation has faced challenges. Women victims of sexual violence still faced barriers to filing reports and receiving adequate care and protection, particularly in remote areas. There was still heightened violence against displaced women linked to the illegal exploitation of mining resources or on the basis of their sexual orientation. Continued efforts were needed to ensure ongoing progress in a complex and dynamic context.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 91
- Paragraph text
- The presence of a solid constitutional court and an effective judicial remedy that enables citizens to demand their constitutional rights without undue cost or burden creates an enabling legal environment for addressing women’s human rights violations.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 92
- Paragraph text
- Active participation of women rights holders and autonomous women’s organizations in the development, monitoring, assessment and implementation of judicial decisions and public policies is essential to ensuring responsivity and impact.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 93
- Paragraph text
- In one State in the Western Europe and others group, indigenous women and girls continued to be the target of racially motivated sexual and gender-based violence that began with colonization, as affirmed in a 2015 inquiry report by the Committee on the Elimination of Discrimination against Women, in which the Committee noted grave and systemic violations of indigenous women’s rights, exacerbated by entrenched discrimination that impeded access to justice. In a rural, predominantly indigenous region of the State, a series of high-profile cases, including the acquittal of federal police officers for sexual assault and the death of an indigenous man in police custody, had led to the mobilization of civil society organizations and public outcry, precipitating a government review of the police force in 2010. Local women’s organizations lobbied for inclusion in order to push for an improved response by the justice system to violence against women.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 94
- Paragraph text
- In that context, an indigenous women’s organization in a small community initiated a protocol with the local federal police force that mandated: ongoing engagement, including police training and capacity-building, to address the interrelated phenomena of violence directed towards indigenous women and lack of due diligence in investigating crimes; open dialogue sessions to promote cultural awareness; and community-police feedback and knowledge-sharing sessions, during which information on the justice system and community rights would be offered.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 95
- Paragraph text
- Project reviews and research have showed a profound impact on police-community relations, with open dialogue and collaboration promoting enhanced understanding and cooperation on issues of concern. The civil society organization has reported attitudinal and behavioural shifts that have exceeded their expectations. The police have developed a better understanding of the physical security issues that women in the community face, and have helped to increase access to relevant domestic violence and sexual assault resources, including shelters.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 96
- Paragraph text
- The protocol is reviewed and adjusted annually by both parties to take into account challenges and shifting needs, ensuring ongoing responsivity to community concerns. Successes of the project have been shared with other women’s organizations, and a similar protocol has been subsequently adopted with the federal police force in the largest city in the region. Discussions are under way in other indigenous communities to press for similar protocols.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 97
- Paragraph text
- The bottom-up approach of the practice, which was developed at the impetus of women’s organizations — while demonstrative of the innovative means used by the community to address the structural reality of the situation of violence and discrimination in which they live — has raised the question as to why grave and well-documented human rights violations have not been addressed on a systematic or institutional level within the federal police and Government. Political will to support, expand and institutionalize this good practice is required for its replication and sustainability. In all post- and ongoing colonial contexts, the disproportionate and intersectional discrimination faced by indigenous women, often aided and abetted by legal systems, must be systematically addressed by State duty holders.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 98
- Paragraph text
- Legal frameworks and partnership protocols that formalize the collaboration and participation of citizen or civil society organizations or autonomous women’s rights organizations in developing, monitoring and implementing the law, can help to address power imbalances on the basis of historical discrimination and can lead to meaningful change.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 99
- Paragraph text
- Measures involving groups of women who experience intersectional discrimination, such as indigenous women, must be developed in accordance with an intersectional, gender-sensitive human rights perspective and engage with women as stakeholders.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 100
- Paragraph text
- Financial and institutional support for promising and good practices must be maintained to ensure ongoing impact of results.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 101
- Paragraph text
- Good practices in the eradication of discrimination against women in law and practice comprise a complex, multifaceted endeavour involving a wide range of interconnected rights. A good practice cannot be understood in isolation from its context and other complementary measures undertaken to promote substantive equality. The living-law approach renders visible the wide range of factors and actors involved in the process of good practice development. Each good practice case study explored in the present report has contributed to key lessons learned that are both specific to the case and that contain transferable principles that inform the present conclusions. These lessons learned also reinforce the conclusions reached by the Working Group on the basis of regional and global research in its thematic reports and various country visits.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 102
- Paragraph text
- The Working Group’s assessment of good practices in eliminating discrimination against women reaffirms the imperative that international human rights standards must be incorporated into national law and laws that contradict those principles must be repealed or modified, without exceptions based on cultural grounds, including cultural and customary grounds. Constitutional provisions that support gender equality create the foundation from which women’s rights can most comprehensively be supported throughout the legal system. States must also take measures to ensure that international and constitutional standards for women’s equality are infused at all levels of the legal framework, especially in federated and pluralistic legal systems.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 103
- Paragraph text
- To ensure that laws facilitate good practices in the elimination of discrimination and women’s empowerment, a systematic gender analysis of the law and its potential impacts, as well as outcomes, is imperative. Gender analysis of existing and draft laws through the input of diverse stakeholders and the sharing of good practices must be undertaken comprehensively and regularly. This requires capacity-building on a rights-based gender analysis for duty holders in all spheres and meaningful collaboration with an autonomous civil society that includes women’s organizations and legal experts on women’s rights. In addition, it requires ongoing independent monitoring and research by national human rights institutions, treaty bodies, special procedure mandate holders, scholars and other experts.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 104
- Paragraph text
- Changing the law to meet the State obligation to respect and protect women’s human rights are key steps, but investigations show that fulfilling rights remains the most challenging facet of this triad. The fulfilment of women’s human rights requires substantive shifts in deeply entrenched social and cultural norms that reinforce gender stereotypes and perpetuate women’s subordination. As the Working Group has emphasized, the State must act as an agent of change as regards to women’s place in cultural and family life. The fulfilment of progressive legal frameworks requires strong political will, supported by appropriate resources, and attendant measures focused on attitudinal and behavioural change that cultivate an environment in which good practices can thrive. Change must be transferred from the normative level into all sectors of society so that duty and rights holders alike are able to internalize the shifts required to support human rights implementation.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 105
- Paragraph text
- Among the key challenges in eliminating discrimination against women in law and practice is the question of sustainability in the efforts and impacts of changing laws. Local and global political and ideological landscapes are ever-shifting and resources are limited and insecure.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 106
- Paragraph text
- The developmental process of a good practice over longer periods of time means that political shifts in national or international governance can adversely affect sustainability.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 107
- Paragraph text
- A key area of concern to the Working Group is the profound level of backlash against women’s human rights gains, which is on the rise both within States and in international spheres. In a climate of rising populism, xenophobia and fundamentalisms, long-established women’s human rights norms are being undermined, heightening the fragility of good practices in this context. In addition, a concurrent attack on women’s organizations, women’s human rights defenders and civil society movements — including feminist, environmental and human rights movements — creates an atmosphere in which these key actors are criminalized, de-funded and even killed, making the question of good practices moot. The Working Group emphasizes the importance of maintaining the autonomy of local and national movements and other civil society actors — including national human rights institutions, public interest lawyers and scholars — as an essential means of protecting and sustaining good practices. Backlashes within intergovernmental forums, as well as at the national level, must be challenged head-on by the international community.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 108
- Paragraph text
- Resource allocation to support the progressive implementation of women’s human rights is part of State obligation. States must undertake a process of gender budgeting to ensure that their legal and policy commitments bear results. Key limiting factors of the good practices identified were insufficient funds, disproportionate burden of implementation on non-government actors and dependence on large-scale or single donor international funding resources. While involvement of autonomous women’s organizations has been seen as essential in the implementation of rights, the relationship between State and non-State actors should involve complementary efforts. Even States with limited resources make key decisions that support the implementation of rights when political will is present to do so. Budget allocation, whether originating from the State or a donor, must take into account the longitudinal nature of change to ensure that promising practices are not arrested before they can fully come into fruition.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 109a
- Paragraph text
- [There are multiple entry points to change the law and ensure effective implementation of laws guaranteeing women’s right to equality, including through the initiative of women rights holders and autonomous women’s organizations in civil society. The Working Group recommends that States:] Take every measure to ratify the Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol, withdraw reservations thereto, incorporate its provisions into national constitutions and all hierarchies of domestic law, and actively seek to implement recommendations made by the Committee on the Elimination of Discrimination against Women, the Working Group and other relevant human rights mechanisms in view of improving the realization of women’s human rights;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 109b
- Paragraph text
- [There are multiple entry points to change the law and ensure effective implementation of laws guaranteeing women’s right to equality, including through the initiative of women rights holders and autonomous women’s organizations in civil society. The Working Group recommends that States:] Repeal all laws that directly discriminate against women, and review all new and existing legislation through a rights-based, gender-sensitive lens, involving independent experts, including autonomous women’s organizations;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 109c
- Paragraph text
- [There are multiple entry points to change the law and ensure effective implementation of laws guaranteeing women’s right to equality, including through the initiative of women rights holders and autonomous women’s organizations in civil society. The Working Group recommends that States:] Improve the knowledge-base on good practices by providing the ways and means to support initiatives that apply a living-law approach to evaluating outcomes and impact of laws, and record detailed results for the sharing of promising and good practices.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 110
- Paragraph text
- The cultivation of a culture of human rights is needed for social change and requires specific measures that draw from the richness and complexity of particular contexts and histories, and that involve all sectors of society, including autonomous women’s movements. As exemplified by the cases in the present report, good practices result from sustained processes that benefit from the dynamic interaction brought by a diverse range of actors and involve responsivity to changing situations in order to ensure ongoing fulfilment of equal rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 111a
- Paragraph text
- [The Working Group recommends that States:] Invest in long-term and multi-dimensional strategies to promote social change, including extensive training, educational and awareness-raising measures to promote a culture of human rights among right and duty holders alike;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 111b
- Paragraph text
- [The Working Group recommends that States:] Ensure the active participation of women of all sectors of society in monitoring and implementing human rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 112a
- Paragraph text
- [It is essential to ensure that a robust constitutional and legal framework is in place to support long-term rights implementation and to weather challenges that may come from regressive political or ideological forces that threaten to undermine progress. The Working Group recommends that States:] Recognize the crucial role of autonomous women’s organizing in the development of good practices, and endeavour to create a legal, policy and budgetary framework to support autonomous civil society organizations, women’s movements, and citizen participation in legal development, reform and implementation;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 112b
- Paragraph text
- [It is essential to ensure that a robust constitutional and legal framework is in place to support long-term rights implementation and to weather challenges that may come from regressive political or ideological forces that threaten to undermine progress. The Working Group recommends that States:] Apply the good practices framework for the creation and maintenance of a safe and enabling environment for civil society developed in the report of the High Commissioner (A/HRC/32/20), with a gender-sensitive lens that takes into account the unique position and challenges faced by women’s human rights defenders;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 112c
- Paragraph text
- [It is essential to ensure that a robust constitutional and legal framework is in place to support long-term rights implementation and to weather challenges that may come from regressive political or ideological forces that threaten to undermine progress. The Working Group recommends that States:] Prioritize the allocation of funds, both internationally and domestically, to support active and sustained measures to promote good practices in the eradication of discrimination and the promotion of women’s empowerment.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space
- Body
- Working Group on the issue of discrimination against women in law and practice
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2015
- Document code
- A/HRC/29/40
Document
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 8
- Paragraph text
- The legal rights of women and girls to equality and non-discrimination in cultural and family life, established in 1948 by the Universal Declaration of Human Rights and by international human rights law, are often restricted in national laws and in practice, including in cultural practice. The Working Group emphasizes that, in accordance with international human rights law, States have an obligation to adopt appropriate measures with a view to eliminating all forms of discrimination against women and girls in laws, cultural practices and the family, whether perpetrated by State agents or private actors.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 9
- Paragraph text
- In order to prepare this report, the Working Group used responses to a questionnaire received from 32 Member States, as well as studies and research by United Nations programmes and bodies, international human rights mechanisms and other stakeholders that were transmitted to it directly or have been carried out recently on the subject. The Working Group also identified good practices in respect of equality in the family and in cultural life, as required by Human Rights Council resolution 15/23.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 10
- Paragraph text
- Culture is a broad concept encompassing all forms of conduct, organization and human behaviour within society, including family, language, religion, philosophy, law, government, art and sport. Cultural diversity occurs when culture is expressed and develops in different contexts in society. Culture is not a static or unchanging concept, although some States tend to present it as such in order to justify inequality between men and women. This living, dynamic and evolving process permeates all human activities and institutions, including legal systems, in all societies across the world. Viewing culture and beliefs as immutable hinders the realization and development of all human rights, including those of women.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 11
- Paragraph text
- The Working Group has taken as its basis the legal framework established by the human rights community regarding the right of women to participate, on an equal footing with men, in creating, contesting and recreating their cultures and in all aspects of cultural life. The equal right of all persons to participate in, access and contribute to cultural life is guaranteed by international human rights law, particularly articles 5 and 13, subparagraph (c), of the Convention on the Elimination of All Forms of Discrimination against Women, article 27, paragraph 1, of the Universal Declaration of Human Rights and article 15 of the International Covenant on Economic, Social and Cultural Rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 12
- Paragraph text
- The construction of gender is deeply embedded in culture. In its general recommendation No. 28, the Committee on the Elimination of Discrimination against Women indicates that "the term 'gender' refers to socially constructed identities, attributes and roles for women and men and society's social and cultural meaning for these biological differences resulting in hierarchical relationships between women and men and in the distribution of power and rights favouring men and disadvantaging women. This social positioning of women and men is affected by political, economic, cultural, social, religious, ideological and environmental factors and can be changed by culture, society and community."
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 13
- Paragraph text
- The cultural construction of gender is conducive to generalized discrimination against women in all cultures. Discrimination against women and girls cannot, therefore, be considered an essentialist element, present in certain cultures and not in others. Since cultures are neither homogeneous nor unchanging, there are very significant differences between them concerning their stages of development and the extent to which the patriarchy, misogyny and practices that are harmful to women and girls exist within them.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 14
- Paragraph text
- Culture, when understood as a macro concept, also includes religion. Religion constitutes an institutionalized aspect of culture, with its own sources of authority that regulate social behaviour. It is often based on the concept of transcendental authority, and most religions have codified normative systems. Change must be wrought within the religious hierarchy of the community and must conform to the religious dogma of the written sources. As a consequence, religions are often a haven against social and cultural change. In all religions, there are movements that resist any change to the patriarchy and the status of women and girls in the family. Conversely, non-gender-based discriminatory practices, including some previously defended in the name of culture and religion, such as slavery, have been delegitimized or abandoned as values and ethics have evolved.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 15
- Paragraph text
- The Working Group notes the vital importance of article 5 of the Convention on the Elimination of All Forms of Discrimination against Women, which requires States to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary practices that are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women. This provision establishes a legal basis for the primacy of women's right to equality over discriminatory cultural patterns of conduct, including those stemming from religious edicts.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 16
- Paragraph text
- Culture and religion are often invoked to justify discrimination and violent practices against women and girls. Women have often been viewed as objects rather than as equal participants with men in the creation and manifestation of cultural principles. Indeed, when culture and religion are invoked to justify different forms of discrimination against women, women are seen not as victims or survivors of such discrimination, but as persons who "violate" cultural rules and norms.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 17
- Paragraph text
- Several United Nations human rights experts, special procedures mandate holders, treaty bodies and the Secretary-General of the United Nations have established that neither cultural diversity nor freedom of religion may justify discrimination against women. Discriminatory, repressive and violent practices against women should be eliminated, whatever their origins, including those founded in culture or religion. The Working Group is convinced that this opinion is crucial to securing women's enjoyment of their right to equality in all aspects of life.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 18
- Paragraph text
- The Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child have noted that harmful practices affecting women and girls are deeply rooted in social attitudes according to which women and girls are regarded as inferior to men and boys based on stereotyped roles. They highlight the gender dimension to violence and indicate that sex- and gender-based attitudes and stereotypes, power imbalances, inequalities and discrimination perpetuate the widespread existence of practices that often involve violence or coercion. They maintain that the nature and prevalence of these practices vary according to region and culture. These practices cause serious harm to every aspect of the lives of the women and girls who fall victim to them and include incest, female genital mutilation, early and/or forced marriage, so-called "honour crimes", dowry-related violence, neglect of girls, extreme dietary restrictions, virginity tests, servitude, stoning, violent initiation rites, widowhood practices and female infanticide. The obligations set out in the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child form the basis for the elaboration of a global strategy to eliminate harmful practices, which should be well defined, rights-based, have local relevance and comprise legal, economic and social support measures combined with proportional political engagement and State responsibility at all levels.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 19
- Paragraph text
- In many contexts, States fail to establish and enforce a clear legal hierarchy based on the guarantees of equality and non-discrimination set forth in international human rights law and national legislation, thus helping to maintain patriarchal modes of organization and behaviours. Even when the law is independent of any religious source, it may be strongly influenced by culture, deriving from dominant ideologies linked to religion, traditional attitudes and social norms. Some States adopt national laws and regulations that restrict the rights, power and mobility of women on the basis of essentialist points of view belonging to a particular culture or religion. Conservative religious extremist movements impose strict modesty codes in order to subjugate women and girls in the name of religion, particularly in situations of political transition or conflict. For example, some branches of Islam have reintroduced forced and/or early marriage and some branches of Christianity prevent women from having access to therapeutic abortion. Religious extremism limits women's rights, including their right to health and economic activity, and they are generally subject to harsh sanctions for crimes committed against the patriarchy, such as adultery. At the international level, many States justify their reservations to articles of several human rights conventions, including the Convention on the Elimination of All Forms of Discrimination against Women, in the name of preserving their cultures and religions. Human Rights Council resolutions 16/3 on promoting human rights and fundamental freedoms through a better understanding of traditional values of humankind and 26/11 on the protection of the family threaten to undermine international achievements in the field of human rights in the name of cultural and religious diversity.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 20
- Paragraph text
- The Working Group is concerned about the considerable increase in laws and public policies developed to protect culture and religion that threaten the universally established standards on the rights of women. Gender-based stereotypes, often strengthened and legitimized in national constitutions, laws and policies, are justified in the name of cultural norms or religious beliefs. Failure to eliminate these stereotypes leads to the generalization of practices that are harmful to women and girls. The sexist stereotypes present in the media, on the Internet, in audiovisual productions and in video games contribute to the perpetuation of a culture of discrimination and violence against women.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 21
- Paragraph text
- Women who do not conform to the gender stereotypes that predominate in some cultures and those who openly contest them, including within their own cultural or religious communities, are particularly vulnerable to discrimination, violence and criminalization. They include, among others, single women, widows, female heads of family, lesbians, bisexual and transgender women, sex workers and women human rights defenders. The Working Group emphasizes that the obligation of States to protect cultural diversity applies to diversity within cultures as well as between them.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 22
- Paragraph text
- While gender stereotypes pervade all aspects of human existence, women's rights are at particular risk in the family, which is a locus for the perpetuation of traditional values. The family is a product of patriarchal culture and a vital institution for upholding the patriarchy. The Working Group emphasizes that women's equal rights in the family are closely linked to their rights in all areas of life, including public and political life and social, economic and cultural life.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 23
- Paragraph text
- The family exists in various forms. The expression "diverse families" encompasses, for example, single-parent families; families headed by women; intergenerational families including, among others, grandparents; families headed by children, such as orphans or street children; families comprising lesbian, gay, bisexual, transgender and intersex (LGBTI) persons; extended families; self-created and self-defined families; families without children; families of divorced persons; polygamous families; and non-traditional families resulting from interreligious, intercommunity or inter-caste marriages. Self-created and self-defined families include, in particular, families formed in marginalized communities. In all these different forms of family, women tend to be subject to legal sanctions and to experience difficult social and economic situations. Indigenous and minority women and women living in strict patriarchal, religious, traditional or caste systems are more likely to be found in these forms of family and are especially vulnerable to early and/or forced marriage, while men may have multiple households or second families with their de facto spouses or partners.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- LGBTQI+
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 24
- Paragraph text
- The different forms of family and their recognition by the State are influenced by a multitude of normative factors, such as culture, religion and caste, and behavioural factors, such as livelihoods, sexuality and social status. Although several international forums recognize family diversity, including "in different cultural, political and social systems", many of the aforementioned non-traditional forms of family are not recognized by all States. The family is often defined by legal systems as a unit founded on marriage between a man and a woman, affecting rights relating to, for example, inheritance, property, child custody, pensions, tax relief and social service provision. Laws and public institutions in some States require a male family member or male guardian to initiate or conclude official transactions, thus placing families headed by women or consisting solely of women at a disadvantage. Families headed by women, like those headed by children, are more seriously affected by poverty because of the discrimination they suffer. Given that State recognition is often a condition for families to receive services and benefits, such as accommodation and protection provided by the State and/or non-State actors, lack of recognition leads to the marginalization of these families.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 25
- Paragraph text
- It is the opinion of the Working Group that the understanding and legal definition of the family in national legislation should be extended to recognize different forms of family. The recognition of same-sex couples, for both women and men, and other forms of family is an example of good practice that a number of States have already implemented. In this regard, the Inter-American Court of Human Rights has confirmed that mothers who are lesbians should not be deprived of custodial rights over their children.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- LGBTQI+
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 26
- Paragraph text
- However, not all forms of marriage deserve recognition. The Working Group calls for the non-recognition of those forms that discriminate against women and/or fail to ensure equality and justice for women, whatever the legal system, religion, custom or tradition. This refers to, among others, early and/or forced marriage, temporary marriage and polygamy. The Committee on the Elimination of Discrimination against Women and the Human Rights Committee have recommended that States should prohibit polygamy on the grounds that it contravenes women's right to equality with men and can have serious emotional and financial consequences for women and their dependants. However, there are national civil codes that legalize polygamous marriage, early and/or forced marriage and temporary marriage. The Working Group advocates the repeal of these codes. Among the countries that deem such marriages to discriminate against women and girls, some consider them void and others merely voidable. In all cases, the legal solution must protect the rights of women and girls, who remain the victims of these harmful marriages. Their rights to subsistence, to property, including land and inheritance, to a place of residence, to custody of children and to remarry must be guaranteed.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 27
- Paragraph text
- The Committee on the Elimination of Discrimination against Women has recommended the prohibition and annulment of these marriages, which violate the dignity of women, and calls for safeguards and guarantees to protect the rights of women and girls living in such families. Invalidating an early marriage protects the minor spouses by restoring their single status so that they are deemed never to have been married, rather than divorced, and by cancelling all financial or property transactions linked to the marriage.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 28
- Paragraph text
- All legal definitions of the family should include the right to equality, de jure and de facto, of women and girls within the family. Full equality between women and men, and girls and boys, is a requirement of international human rights law and constitutes a right of women that is vital for the well-being of the family and for society as a whole.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Boys
- Families
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 29
- Paragraph text
- International human rights law guarantees gender equality in the family, including when marriage is entered into, during marriage and at its dissolution, as set out in article 16 of the Universal Declaration of Human Rights and article 23 of the International Covenant on Civil and Political Rights. Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women establishes the obligation of States to ensure gender equality in all matters relating to marriage and family relations, including in respect of the decision whether to marry, the free choice of spouse, rights and responsibilities as parents, the decision on the number and spacing of children, and personal rights as husband and wife. Similarly, articles 1 to 3 of the 1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages require States to ensure gender equality regarding consent to marriage, to specify a legal minimum age for marriage and to register marriages.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 30
- Paragraph text
- When the rules governing family relations discriminate against women, they violate international human rights law. Furthermore, considerations linked to protecting and strengthening the family may not be invoked to justify forms of family that do not meet the requirement for equality between men and women and girls and boys. The lack of equality in these forms of marriage leads women and girls to experience discrimination, making them vulnerable to domestic violence.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Boys
- Families
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 31
- Paragraph text
- The family is the basic unit of society and, as such, should be strengthened. It is entitled to receive comprehensive protection and support. The family plays a key role in social development and in the growth and well-being of children, including girls. Women and girls' ability to act and participate in the different aspects of life in society derives mainly from respect for their right to equality with men and boys in the family. In this context, the Working Group deems it essential for families to be formed in such a way that women and girls' right to equality is fully recognized, respected, protected, fulfilled and promoted.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Boys
- Children
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 32
- Paragraph text
- The Human Rights Council, however, in its resolution 26/11 on the protection of the family, did not reaffirm the right of women to equality in the family. In October 2014, the special procedures mandate holders issued a statement calling on the Council to ensure that the right to equality between women and men, and girls and boys, was included in all future resolutions concerning the family.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Boys
- Families
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 33
- Paragraph text
- Several States, in the name of culture or religion, have entered reservations to article 16 of the Convention on the Elimination of All Forms of Discrimination against Women, which requires gender equality in marriage and the family. Withdrawal of reservations to article 16 of the Convention, and also to articles 2 and 5, represents good practice and a vital step towards the establishment of an effective legal framework to protect the rights of women in the family and in cultural life. Morocco and Tunisia have thus recently withdrawn reservations to the Convention, including to article 16. The Working Group shares the opinion of the Committee on the Elimination of Discrimination against Women to the effect that reservations to articles 2 and 16 are incompatible with the object and purpose of the Convention, and it reiterates the importance of States' withdrawing their reservations to these articles, and to article 5, so as to ensure gender equality in cultural and family life. It is the responsibility of States to respect their international commitments and the clear choices they have made regarding the primacy of international legal standards on gender equality over national secular, religious or customary legal standards.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 34
- Paragraph text
- The role of women in the family has generally been under patriarchal control in cultures and religions that subject women and girls to forced and/or early marriage and discrimination in a number of areas of family life, such as consent to enter into marriage, dowry obligations, the right to possess and manage property, sexual relations, requirements regarding modesty and freedom of movement, guardianship and custody of children, divorce and division of matrimonial assets, the punishment of adultery, the right to remarry following dissolution of the marriage or death of the husband, the status of widows and inheritance. In addition, women and girls are generally not treated equally in families with regard to the division of rights and responsibilities. Discrimination against women and girls in the family and in marriage affects all aspects of their lives.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 35
- Paragraph text
- In many cultures and religions, wives have a duty of obedience, and husbands have the right to punish their wives, including physically. The provision of sexual services by wives is deemed part of their duty to obey their husbands, and marital rape is not prohibited. The Working Group welcomes the introduction of laws criminalizing domestic violence in around 130 countries but finds it regrettable that only 52 countries explicitly criminalize marital rape. Domestic violence has a considerable impact on women, causing more deaths than civil wars and entailing much higher economic costs than those linked to homicides or civil wars.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 36
- Paragraph text
- In some countries, legislative provisions strengthen patriarchal family structures, as well as the concomitant discrimination and violence against women. This is particularly true of provisions allowing rapists to marry their victims in order to escape legal proceedings and laws that exclude marital rape from the prohibition of rape under criminal law. In some contexts, only men are able to transmit their nationality to their foreign spouses and their children. This de jure inequality has considerable effects on women and their children because the State protection granted by citizenship is refused them de facto.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 37
- Paragraph text
- Family law may derive from various legal sources in a State, such as constitutions, laws, judicial decisions, and religious and customary codes. However, States are required, under international human rights law, to respect, protect and realize women's right to equality in the family, regardless of the source of family law.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 38
- Paragraph text
- National constitutions are generally the supreme law in most States and form the foundation of the State's institutional and legal structures. They also provide the framework for the elimination of discrimination against women. An explicit constitutional guarantee of gender equality is fundamental to combating discrimination against women and girls in law and in practice. Many countries have already recognized and enshrined this principle of equality in their constitutional laws, and it is essential that it apply in all areas of law, including family law.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 39
- Paragraph text
- Family law primarily addresses personal status and relations between family members.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 40
- Paragraph text
- In addition, secondary family law covers such areas as taxation, social security, retirement benefits, survivors' benefits and the right to family reunification.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 41
- Paragraph text
- The three main systems of family law are secular law systems, religious law systems and plural systems.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 42
- Paragraph text
- In most countries, family law is regulated by secular codes that have been established by the State, under civil or common law systems, and have no basis in religious or customary norms. Secular family law was originally patriarchal. The very being or legal existence of the woman was "suspended during the marriage, or at least [was] incorporated and consolidated into that of the husband". Married women had no capacity to conclude contracts or own property and were discriminated against as regards inheritance, divorce, and guardianship and custody of children. Moreover, women had to pledge obedience to their husbands, and marital rape and corporal punishment were permitted.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 43
- Paragraph text
- Reforming family codes is essential to establishing, in national legislation, women's equal status in marriage and the family structure. Two types of process can be observed with regard to the promotion of gender equality in family law.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 44
- Paragraph text
- The first process is the elimination of discriminatory laws on the family and the promotion of gender equality within secular law systems. This sort of legal reform took place in some of these systems from the end of the nineteenth century, when many States reformed their laws on the family by separating religion from the State and introducing measures to promote women's equality within marriage and the family, including the right of married women to conclude contracts, own property, inherit, divorce, and have guardianship and custody of children, on an equal basis with men. Secular family law systems thus moved from being patriarchal to adopting a more egalitarian approach, which now represents good practice in ensuring gender equality in the family. A recent example is the Marriage Law in China, as amended in 2001, which nullified all bigamous marriages and all marriages in which one of the parties had not reached the legal minimum age for marriage, repealing traditionalist patriarchal laws on the family and affirming gender equality in the family.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 45
- Paragraph text
- The second process is the transition from patriarchal religious family law to a secular family law system that provides for gender equality in the family. Several States where family law was based on patriarchal religious codes have introduced equality for women in the family by revoking religious laws and regulating family affairs under secular codes. In many European countries, family law was based on religious, primarily Christian, laws, and all marriages were thus placed under religious jurisdiction. At the end of the nineteenth century, all matters relating to family were placed under the secular jurisdiction of the State, thereby removing the religious hegemony in this area.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 46
- Paragraph text
- In some secular family law systems, elements of discrimination remain, for example a lower legal minimum age for marriage for girls and discriminatory provisions on inheritance rights, divorce and recognition of same-sex couples.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Girls
- LGBTQI+
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 47
- Paragraph text
- Moreover, some secular family law systems allow family matters to be decided in parallel religious or customary law systems, whether formal or informal. The implications for women's right to equality of such systems are discussed in the sections on plural legal systems.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 48
- Paragraph text
- Several States have no secular family code and regulate personal status either by integrating religious laws on the family into constitutional or legislative provisions or by granting religious authorities or religious tribunals jurisdiction over personal status so that they may apply the family codes derived from the sacred texts. Currently, a large number of States that have Islam as their State religion, such as the Islamic and Arab republics, regulate the personal status of all citizens by applying Islamic law from the Koran and the Sunna. Although the notion of the equality of men and women before the law is often incorporated in their constitutions, some States maintain that this equality does not apply in the case of laws on the family and on marital or personal status. Some States that recognize the legal competence of a majority religion in the State also grant non-majority religions jurisdiction over their own communities of faithful, such as Lebanon (Muslim majority), India (Hindu majority) and Israel (Jewish majority).
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 49
- Paragraph text
- Some States that apply religious or customary law to regulate personal status have reinforced the traditional prohibitions on adultery by criminalizing it. Adultery, which is defined as any sexual relation outside marriage, is severely punished and may even result in a sentence of death by stoning in some States that apply Islamic law. The sanctions are generally imposed on the women rather than the men. Interventions by foreign Governments, civil society and special procedures mandate holders have sometimes led to judgements that imposed stoning to be overturned. In some states in the United States of America, adultery between married persons is a crime, but these provisions have not been implemented in the last thirty years. The Working Group issued a statement calling for the decriminalization of adultery and wishes to recall that criminalization of sexual relations between consenting adults is a violation of their right to privacy and an infringement of article 17 of the International Covenant on Civil and Political Rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 50
- Paragraph text
- Reforms to introduce a measure of equality for women in family law have come about in two different ways in countries where family law was based solely on religious law. The first involves reform based on religious interpretation (hermeneutics). The Committee on the Elimination of Discrimination against Women has argued, in several of its concluding observations, that evolving customs and the variety of possible interpretations of religious law offer potential for progress towards equality, while at the same time encouraging States parties to move in that direction. Reforms of religious family codes, based on interpretations of sacred texts that favour equality, have taken place in some Muslim-majority countries, which have carried out legislative reforms founded on progressive interpretations of sharia. For example, Tunisia was one of the first countries with Islam as the State religion to enact a progressive Personal Status Code guaranteeing gender equality; in 2004, Morocco embarked on a far-reaching reform of its family law, paving the way for significant progress towards gender equality; Tunisia, Turkey and Benin have adopted legislation against polygamy; in Indonesia, Islamic tribunals institutionalized the appointment of women judges in religious tribunals in 1989, thus encouraging more gender-sensitive rulings.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 51
- Paragraph text
- The second way to reform patriarchal religious family law involves the replacement of religious family law with secular law. In traditionally Christian States, such as Italy in 1970 and Greece in 1982, civil family codes were introduced to replace religious personal laws.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 52
- Paragraph text
- Plural legal systems are systems in which various laws coexist. They may include various combinations of codified civil law, religious law systems, indigenous or customary legal codes, community arbitration or other dispute settlement procedures. Plural legal systems may be formal or informal. They most often affect personal status law and family law. In States with plural legal systems, the State legal system, which is generally civil and codified, and the State courts address matters relating to the public sphere.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 53
- Paragraph text
- Several States have adopted this type of legal system as a way of acknowledging cultural diversity. However, legal pluralism is also used by some actors to promote political and ideological interests. Approximately 80 per cent of claims or disputes are resolved by parallel justice systems, signifying that most women in developing countries access justice in a plural legal environment. The existence of social, economic, institutional and cultural barriers and the lack of confidence in formal systems may explain the widespread use of these parallel systems. Poverty and a lack of information on accessing formal justice and education are the main factors that lead women to use parallel justice systems.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 54
- Paragraph text
- Parallel justice systems apply religious, customary or indigenous laws, which, as shown above, are patriarchal. These systems are mostly dominated by men and therefore tend to perpetuate inequalities and patriarchal interpretations of culture, resulting in discrimination against women. Regardless of whether the law is religious or customary, its provisions are often interpreted differently for men and women. The rulings and procedures of these legal mechanisms generally discriminate against women. Moreover, gender-based violence is seldom punished and is sometimes downplayed by religious or customary law courts.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 55
- Paragraph text
- Legal pluralism is formal when the State, through its constitution, laws or judicial decisions, has granted authority to a religious, indigenous or customary court, tribunal or arbitrator to exercise jurisdiction over personal status matters for women. Such systems are generally recognized in State legislation and some are regulated by the State, which may establish appeals procedures, ensure compliance with State legislation or even provide financial or material support.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 56
- Paragraph text
- Good practice in protecting women's right to equality in formal plural legal systems takes several forms. The adoption of constitutional laws that require autonomous courts, tribunals or arbitrators to respect women's right to equality in terms of both women's representation in justice systems and the formulation and application of procedural and substantive rules is a good practice implemented in several States. Since the 1980s, 11 Latin American States have formally recognized indigenous laws and courts in their constitutional laws, requiring the legal systems of indigenous communities to respect and enforce women's rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 57
- Paragraph text
- The right to appeal, before the State courts, discriminatory decisions of indigenous courts, tribunals or arbitrators is another good practice. The commitment of indigenous women in some countries, such as Mexico and Ecuador, to securing State recognition of parallel systems has enabled them to challenge, in the State system, the discrimination they suffered in indigenous legal systems. Women's participation as legal arbitrators, and also as lawmakers, is needed to draw attention to discrimination and to sensitive subjects such as rape or domestic violence, most victims of which are women.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 58
- Paragraph text
- Affirming the primacy of international human rights law and constitutional laws over religious, customary and indigenous laws is a key step towards ensuring women's emancipation and autonomy. Customary, religious and indigenous laws and provisions on family affairs must be consistent with the constitutional norms on equality. To ensure more effective application of the principle of equality, State monitoring and oversight bodies must be put in place, as has been done in Canada, Colombia and South Africa.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 59
- Paragraph text
- Jurisdiction is exercised informally when jurisdictional powers are not the result of an express grant of judicial authority by the State. Such jurisdiction is generally not recognized by the State. Such situations may arise when religious, indigenous or customary authority is exercised by judges, arbitrators or other alternative dispute settlement procedures that are not authorized or tolerated by the State and/or of which the State is unaware. These systems operate without oversight by the State, and, while some may have been recognized previously in law, often under former colonial systems, they are now beyond State control.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 60
- Paragraph text
- When the State becomes aware of such informal systems, it must put in place oversight mechanisms and procedures for appeals to the State justice system to quash decisions that discriminate against women. The State must make an effort to provide alternatives to these informal legal systems, for example, by rendering the formal State system more accessible.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 61
- Paragraph text
- Plural legal systems create complex and confusing legal situations. Various United Nations treaty bodies have sought to show how these systems limit women's enjoyment of the right to equality in their private and public lives, while acknowledging the richness of cultural diversity. Even if there is no special recognition by the State of informal legal systems or formal delegation of functions by the State to traditional chiefs, the State should extend its protection, as referred to in article 2 of the Convention on the Elimination of All Forms of Discrimination against Women.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 62
- Paragraph text
- The State has an obligation to respect women's right to equality within the family and should eliminate any laws, including customary or religious laws, that discriminate against women and any discriminatory acts carried out by State authorities. The obligation not to discriminate against women is direct and absolute. A State will be in violation of this obligation if it has a law that discriminates against women, regardless of whether its family law system is secular, religious or plural.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 63
- Paragraph text
- The State has a direct obligation to protect and respect women's right to equality in all the forms of family law considered above. It is held responsible for any breach of its obligations, including in cases where it has, through its constitution, laws or judicial decisions, assigned jurisdiction over family law matters to a religious, indigenous or customary court, tribunal or authority. Moreover, the State has an obligation to exercise due diligence to guarantee and protect women's right to equality in informal plural legal systems.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 64
- Paragraph text
- The State must refrain from adopting laws, policies, measures or regulations that discriminate directly or indirectly against women and girls and must ensure that its officials, and private actors, respect this obligation in all contexts, including those situations where women are most vulnerable (as refugees, migrants or stateless persons, for example).
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 65
- Paragraph text
- The obligation of the State to protect women and girls' right to equality in the family compels the authorities to prevent discrimination by private actors. Due diligence as a principle of State action should result in a global model of prevention, protection, prosecution, punishment and redress for acts of discrimination and violence against women in cultural and family life.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 66
- Paragraph text
- To prevent any violation in cultural and family life, the State must challenge cultural discourse and cultural norms that discriminate against women and perpetuate structural discrimination, taboos or stereotypes based on gender. Attitudes and behaviours towards women must be changed, and women's access to employment, education and finance, as well as the safety of their homes and children, must be ensured by the State in order to reduce gender inequalities.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 67
- Paragraph text
- In terms of protection, the State must set up effective services that respond to women's needs in the short, medium and long term. Risks and factors that may lead to discrimination against women must be identified proactively so that effective interventions may be staged before violations are committed.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 68
- Paragraph text
- In the event of violations and discrimination against women, the State has an obligation to investigate and prosecute. The State must take measures to guarantee privacy, confidentiality and safety of victims, and to address women's needs and fears, while ensuring that they are not subject to stigmatization, social ostracism or reprisals. The State must be able to foster confidence in the police and the judicial process, including within plural legal systems. To this end, it must ensure that State bodies and courts systematically apply the principle of equality when interpreting and enforcing the law and that they do so in conformity with international standards. The Committee on the Elimination of Discrimination against Women has pointed out that, where this is not possible, the State is still liable and must take appropriate action.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 69
- Paragraph text
- The State has an obligation to punish and to put an end to impunity and excuses or justification that perpetuate gender-based discrimination in cultural and family life. The State also has an obligation to afford redress for the harm suffered by women, including by providing for compensation, restitution, guarantees of non-repetition and even preventive measures.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 70
- Paragraph text
- Ensuring access to justice for women and girls who have suffered discrimination within the family or in cultural life is part of the State obligation to protect and respect their right to equality. This access must be guaranteed at the legislative and institutional levels. This means, for example, revising all additional laws that affect family and personal status matters, a process in which women must be involved. Also concerned are auxiliary regulations, including special measures adopted, where necessary, in such areas as taxation, social security, retirement benefits, survivors' benefits, rights relating to nationality and the right to family reunification, to ensure women and girls' de facto equality in the various types of family. Women must take part in the formulation and interpretation of national laws, including those relating to family affairs. At the institutional level, they must be involved, on an equal footing, in policy development and judicial bodies so as to ensure that the principle of equality is effectively applied and that decisions handed down demonstrate respect for gender equality. Improving access to justice for women also requires gender-equality training for State authorities and non-State officials responsible for law enforcement, social services and education and for medical and forensic personnel.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 71
- Paragraph text
- The cultural construction of gender makes women's subjection to gender-based discrimination and violence appear to be inherent and immutable. The patriarchal family is the product of this construction and the most important social mechanism for its perpetuation. Women and girls' human potential is restricted in families. The recognition that women's rights are human rights and that they are universal and indivisible has laid bare the adverse impact of this gender construction on women and girls in families and communities. The need for a paradigm shift has been clearly set out in international human rights law, which, since 1948, has established women's right to equality in all spheres of life, in culture and in the family. As Eleanor Roosevelt said as far back as 1958: "Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world. […] Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere."
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 72
- Paragraph text
- The State must act as an agent of change as regards women's place in cultural and family life, by fostering and creating a culture free of all forms of discrimination against women. A transformative approach to women and girls' status in the family is crucial. There needs to be awareness that, in the past, a patriarchal concept of family pervaded all secular, religious, customary and indigenous laws and institutions and that some States and groups are now trying, in a retrograde manner, to subject women to the most oppressive forms of patriarchy, particularly in the context of religious fanaticism. It should also be understood that the transition towards equality between women and men, and girls and boys, in the culture and in the family is a prerequisite for a decent society.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Boys
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73a (i)
- Paragraph text
- [The Working Group recommends that States:] Establish a national legal framework recognizing gender equality in cultural and family life, in accordance with regional and international standards: (i) Recognize and enshrine, in their constitutions and laws, the right to equality, which should apply in all areas of life and have primacy over all religious, customary and indigenous laws, norms, codes and rules, with no possibility of exemption, waiver or circumvention;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73a (ii)
- Paragraph text
- [The Working Group recommends that States:] Establish a national legal framework recognizing gender equality in cultural and family life, in accordance with regional and international standards: (ii) Promote access to, participation in and contributions by women to all aspects of cultural life, including the definition, creation and interpretation of cultural and religious norms and practices, by providing equal resources, adopting special measures and policies, and facilitating women's access to decision-making positions and policymaking processes, at all levels;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73a (iii)
- Paragraph text
- [The Working Group recommends that States:] Establish a national legal framework recognizing gender equality in cultural and family life, in accordance with regional and international standards: (iii) Develop national strategies to eradicate cultural practices that discriminate against women and girls, as well as gender stereotypes, through awareness-raising campaigns, educational and informational programmes and stakeholder mobilization. Engage men, as appropriate, in prevention and protection efforts in respect of gender-based discrimination and violence;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73a (iv)
- Paragraph text
- [The Working Group recommends that States:] Establish a national legal framework recognizing gender equality in cultural and family life, in accordance with regional and international standards: (iv) Develop effective mechanisms to combat the multiple and intersecting forms of discrimination suffered by all marginalized women, including minority women, women living in poverty, women with disabilities, refugee and displaced women, migrant and immigrant women, rural women, indigenous women, older women and single women;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73b (i)
- Paragraph text
- [The Working Group recommends that States:] Promote a culture free of discrimination: (i) Establish an executive body that applies the due diligence framework (prevention, protection, prosecution, punishment and redress), addressing all forms of discrimination against women in cultural and family life, including by non-State actors;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73b (ii)
- Paragraph text
- [The Working Group recommends that States:] Promote a culture free of discrimination: (ii) Reject any cultural or religious practice that violates human rights and the principle of equality or prevents the establishment of an egalitarian society free of gender-based discrimination;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73b (iii)
- Paragraph text
- [The Working Group recommends that States:] Promote a culture free of discrimination: (iii) Punish institutions, State officials and non-State actors whose actions threaten women's rights, even where the grounds for such actions are the preservation of culture and religion;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (i)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Recognize and protect, in their constitutions and laws, all forms of family, and affirm and protect women and girls' right to equality in family diversity, by adopting and implementing appropriate measures to protect women from exploitation and discrimination in diverse families, particularly women living in vulnerable situations;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (ii)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Eliminate in law and in practice all forms of marriage that restrict and/or deny women and girls' rights, well-being and dignity, including early and/or forced marriage, polygamous marriage and temporary marriage;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (iii)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Establish appropriate solutions, remedies and redress to ensure respect for the rights and well-being of women and girls living in the forms of marriage referred to above, including the possibility for them to leave such marriages with their share of the matrimonial assets, custody of their children and the right to remarry;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (iv)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Eliminate all laws or practices that restrict the rights and opportunities of widows or divorced women, but not widowers or divorced men, to remarry, work, have guardianship or custody of their children, and own the family home, assets and land;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (ix)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Make the formal State legal system accessible to all women, regardless of their social status, and address the shortcomings of the formal system. Formal justice should be preferred to informal justice for the settlement of all family matters, including those relating to sexual violence and domestic violence;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (v)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Repeal all laws that support the patriarchal oppression of women in families, such as laws that exclude marital rape from the crime of rape, laws that grant pardon to rapists who marry their victims and laws that criminalize adultery;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (vi)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Prohibit and punish domestic violence, including incest and marital rape, and provide measures to protect women and girls who are victims of such violence, such as protection orders and shelters;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (vii)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Respect, protect, fulfil and promote the right to gender equality in the family in the various types of legal system - secular family law systems, State-enforced religious family law systems and plural legal systems. The adoption of a family code or personal status laws free of any reference to culture or religion is encouraged;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (viii)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: In countries where several legal systems coexist, establish and implement national mechanisms to ensure the effective implementation of guarantees of equality and non-discrimination between men and women in all areas and at all levels, offering women, especially rural and indigenous women, the possibility of removing themselves from the arbitral authority and jurisdiction of customary institutions. Bring parallel customary, religious and indigenous law systems into line with international human rights law, particularly in respect of gender equality, while acknowledging the importance of the wealth and diversity of culture and traditions. Grant women the right to appeal, in State courts, decisions of religious, customary or indigenous authorities, whether formal or informal, that have violated their right to equality;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (x)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Set up gender-awareness training for all State civil servants involved in education, health, social services, law enforcement and judicial decision-making. Include women, on an equal basis, in all bodies that interpret and apply family law;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73d (i)
- Paragraph text
- [According to general recommendation No. 29 of the Committee on the Elimination of Discrimination against Women, the family is a social and legal construct and, in various countries, a religious construct. It also is an economic construct. The Working Group recommends that States:] Take measures to ensure that families allow girls to access education on an equal basis with boys, by raising awareness in the community and providing families with financial incentives to allow girls to finish their studies;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Boys
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73d (ii)
- Paragraph text
- [According to general recommendation No. 29 of the Committee on the Elimination of Discrimination against Women, the family is a social and legal construct and, in various countries, a religious construct. It also is an economic construct. The Working Group recommends that States:] Ensure that women are free to participate in economic activities outside the house or village, without the supervision of male relatives;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73d (iii)
- Paragraph text
- [According to general recommendation No. 29 of the Committee on the Elimination of Discrimination against Women, the family is a social and legal construct and, in various countries, a religious construct. It also is an economic construct. The Working Group recommends that States:] Ensure that women, on an equal footing with men, and girls, on an equal footing with boys, have the right to at least half the family property and inheritance in the event of divorce or widowhood. Facilitate the invalidation of any waiver of these rights obtained from a woman as a result of pressure from her family or community;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Boys
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73d (iv)
- Paragraph text
- [According to general recommendation No. 29 of the Committee on the Elimination of Discrimination against Women, the family is a social and legal construct and, in various countries, a religious construct. It also is an economic construct. The Working Group recommends that States:] Recognize the right of women living in polygamous marriages to end their marriage when their husband takes another wife and grant them a share of the family property, including the value of the house or land;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73d (v)
- Paragraph text
- [According to general recommendation No. 29 of the Committee on the Elimination of Discrimination against Women, the family is a social and legal construct and, in various countries, a religious construct. It also is an economic construct. The Working Group recommends that States:] Recognize women as heads of family on an equal basis with men so that they may enjoy the same financial or social benefits;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73d (vi)
- Paragraph text
- [According to general recommendation No. 29 of the Committee on the Elimination of Discrimination against Women, the family is a social and legal construct and, in various countries, a religious construct. It also is an economic construct. The Working Group recommends that States:] Assess, quantify and take account of the impact of women and girls' status in the family in all poverty-reduction policies.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Poverty
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 74a
- Paragraph text
- [The Working Group recommends that international and regional human rights mechanisms:] Develop standards, principles and guidelines to combat all forms of gender stereotype, in accordance with the Convention on the Elimination of All Forms of Discrimination against Women;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 74b
- Paragraph text
- [The Working Group recommends that international and regional human rights mechanisms:] Conduct empirical studies on family diversity and the strategic implications of protecting human rights for the family and for all its members, on an equal basis;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 74c
- Paragraph text
- [The Working Group recommends that international and regional human rights mechanisms:] Explore the establishment of an essential framework of minimum legal protection for all types of family, including self-created or self-defined families, that would guarantee women's fundamental rights in the family, in accordance with international law.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis
- Body
- Working Group on the issue of discrimination against women in law and practice
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2014
- Document code
- A/HRC/26/39
Document
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 8
- Paragraph text
- This report focuses on the gender aspects of economic and social rights. These rights have particular significance for women, who are disproportionately affected by economic and social marginalization and poverty. Women's right to equality in economic and social rights is substantive, immediate and enforceable. It concerns the division of existing resources, not the development of resources, and therefore the principle of progressive realization does not apply. The State has an obligation of due diligence to prevent discrimination against women in economic and social life by private persons or entities. Furthermore, temporary special measures may be required to accelerate the achievement of de facto equality. In preparing this report, the Working Group availed itself of a wealth of information gathered through a survey that elicited 70 Governments' replies and other stakeholders' inputs, and global and specialized background papers. All this information is available on the Working Group's web page. The Working Group also endeavoured to identify good practices that will inform the compendium of good practices mandated in paragraph 18 (b) of Human Rights Council resolution 15/23.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 9
- Paragraph text
- International human rights law, including regional instruments, guarantees economic and social rights and women's right to equality in their enjoyment.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 10
- Paragraph text
- International human rights law establishes the obligation of States to ensure the exercise of women's economic and social rights under conditions of equality and free from discrimination. The Convention on the Elimination of All Forms of Discrimination against Women and the International Covenant on Economic, Social and Cultural Rights are the key human rights instruments guaranteeing these rights. Articles 2 and 3 of the Convention establish a comprehensive obligation to eliminate discrimination in all its forms. Article 4 encourages the use of temporary special measures, while other provisions explicitly guarantee various aspects of women's economic and social rights, including articles 10 (education), 11 (employment), 13 (financial and cultural life), 14 (rural women) and 15 (equality before the law). Articles 2 and 3 of the Covenant prohibit discrimination based on sex and guarantee "the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant". The Covenant recognizes the right to: work; just and favourable conditions of work; social security; an adequate standard of living; education; and to form trade unions. The international human rights framework is complemented by key International Labour Organization (ILO) gender equality Conventions, such as Conventions No. 100 (equal remuneration), 111 (discrimination in employment and occupation), 156 (workers with family responsibilities), 183 (maternity protection) and 189 (domestic workers).
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 11
- Paragraph text
- Various other international and regional human rights treaties also protect women's and girls' social and economic rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Girls
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 12
- Paragraph text
- The Beijing Declaration and Platform for Action of the Fourth World Conference on Women identified, as critical policy priorities in the global economy, the persistent burden of poverty on women, and inequalities in education, training, economic structures and policies, productive activities and access to resources.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 13
- Paragraph text
- Most countries guarantee equality in their constitutions, many of them expressly requiring gender equality. Furthermore, several constitutions in different regions expressly guarantee gender equality in economic and social life and, in some cases, also specifically in working life.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 14
- Paragraph text
- In a significant number of countries, discriminatory legislation, often through application of personal law systems, continues to create an almost impassable barrier to women's equal economic and social opportunity. These include laws that limit women's access to education, legal capacity, freedom of movement, ownership or enjoyment of property. Discrimination is also found with regard to access to credit, equal retirement age and social security rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 15
- Paragraph text
- There are widespread prohibitions of discrimination against women in education and employment. However, these laws have not led to effective implementation, accountability and de facto equality. Furthermore, in some countries, equal opportunity legislation is restricted to the public sector and has not been applied to the private sector.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 16
- Paragraph text
- Women are disadvantaged economically as a result of social and cultural parameters, including stereotyping, discrimination and violence. A structural barrier to women's economic empowerment is the disparate feminization of unpaid care responsibilities. These cultural and structural barriers appear throughout girls' and women's life cycle and, indeed, women's economic situation varies throughout their life cycle more than men's.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 17
- Paragraph text
- The Working Group notes that while constitutional guarantees, elimination of discriminatory laws and the establishment of anti-discrimination legislative framework are vital, they are not sufficient to produce equality in the sphere of economic and social life. In order to achieve women's full and equal participation in economic and social life, it is essential to adopt a transformative agenda that eliminates the cultural and structural barriers to women's equal opportunity.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 18
- Paragraph text
- Economic governance is generated not only de jure by political decision-making, but also de facto by the activities of economic and financial institutions, enterprises and corporations at international, transnational and national levels. The International Monetary Fund (IMF), the World Bank, regional development banks and the World Trade Organization (WTO) constrain national economic policies. In the year 2000, the top 200 companies surpassed the economies of 182 countries; they exercise significant power in determining policy. The private sector creates and defines jobs, produces growth, sets parameters of income distribution and affects the social and environmental conditions of the communities in which they function.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 19
- Paragraph text
- There are barriers to women's access to leadership and decision-making positions in these economic and financial institutions, which generate policies that determine the quality of life of women, men, children and communities. Furthermore, in the emerging area of corporate responsibility, the gendered harm to women resulting from transnational business and trade policies has been largely invisible. There is a need to address these issues and develop tools for gender responsiveness in economic leadership and corporate responsibility.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 20
- Paragraph text
- Effective elimination of discrimination against women in economic and social life requires gender-responsive and effective accountability systems. Although there are some judicial decisions on discrimination against women in economic and social life at the international, regional and national levels, their number is disturbingly low. The enhancement of women's legal literacy, including poor and rural women, is necessary to ensure women's equal access to judicial remedies.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 21
- Paragraph text
- The gender-specific application of emerging international standards of the state obligation to provide mechanisms of accountability for violations of economic and social rights, including courts and quasi-judicial bodies, still requires grounded elaboration. Promising developments exist. With regard to the state obligation of due diligence for human rights violations by corporations, the Guidelines for multinational enterprises of the Organisation for Economic Co-operation and Development apply corporate conduct standards requiring non-discrimination in the selection, promotion and dismissal of women. The extraterritorial obligations of States, articulated in the Maastricht Principles adopted in 2011 by a group of experts in international law and human rights, have been applied by General Recommendation No. 30 of the Committee on the Elimination of Discrimination against Women to women's rights in conflict prevention, conflict and post-conflict situations.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 22
- Paragraph text
- National human rights institutions can play an important role in ensuring accountability for violations of women's rights in economic and social life. However, there is little evidence of this occurring in practice, and no mechanism to review the gender-responsiveness of these institutions is in place.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 23
- Paragraph text
- Accountability for States' fulfilment of women's economic and social rights is carried out in some countries through gender budgeting and gender-mainstreaming state budgetary allocations. The effectiveness of review and monitoring requires governmental transparency and meaningful access to decision-making processes on national and local budgets.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 24
- Paragraph text
- Although women at all economic levels, in high-, middle- and low-income countries, suffer from discrimination, they have primary responsibility for the provision of care and are victims of violence. Women are not a homogenous group, and their experience varies greatly between regions, countries, socioeconomic classes within countries and their identities as members of minorities, migrants, girl children, older women, or on account of single parenthood, disabilities or sexual identity, among others.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 25
- Paragraph text
- A crosscutting issue in women's life cycles is their vulnerability to poverty, especially when they are from minority communities. As recommended by the ILO and the Report of the Social Protection Floor Advisory Group chaired by Michelle Bachelet, social protection floors are vital tools to reduce women's poverty and improve women's level of economic empowerment.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 26
- Paragraph text
- The correlation between income and development and gender equality is well established. Both theory and empirical evidence indicate that empowering women means a more efficient use of a nation's human capital endowment and that reducing gender inequality enhances productivity and economic growth.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 27
- Paragraph text
- The 2013 World Economic Forum Global Gender Gap Report shows that, although globally almost 93 per cent of the gap in educational attainment has been closed, the gender gap in economic participation and political empowerment remains wide, with only 60 per cent of the economic outcomes gap and only 21 per cent of the political outcomes gap closed.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 28
- Paragraph text
- Vulnerability and economic disadvantage for women are exacerbated by macroeconomic policies that increase inequalities and reduce social protection floors. This is clearly visible in periods of economic crisis, particularly where governments adopt austerity measures. Although the specific effects of the crisis differ by context, the overall picture is one of disparate impact on women, with deepening economic insecurity, an increase in precarious employment and a heavier burden of unpaid care work. Nonetheless, economic crisis merely accentuates existing structural economic disadvantages for women. Therefore, addressing the crisis provides an opportunity to tackle patterns of gender inequality and discrimination entrenched in the economic status quo and shape new gender equality policy responses.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 29
- Paragraph text
- Research suggests that in general men have more economic security to weather an economic crisis, having higher paying jobs with benefits such as health care and pensions, unemployment insurance coverage, and owning more property. Furthermore, in many crisis countries, women are disparately made redundant by a reduction in public service jobs. In times of financial crisis, social security guarantees are often undermined by austerity measures. The reduction of budgets for care facilities, unemployment benefits, income maintenance and pensions all disparately impact women, who are usually responsible for unpaid care functions and who constitute a majority of the poor. The Bachelet Report and reports by the Special Rapporteur on extreme poverty and human rights emphasize the role of social protection in cushioning the impact of the economic crisis, particularly for women.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 30
- Paragraph text
- Alternatives to austerity have been applied successfully in some countries. Counter-cyclical approaches in general have helped reduce the depth and duration of the impact and leverage a more rapid recovery. The Swedish recovery programme focused on avoiding labour market exclusion, particularly for women, and maintaining paid parental leave and day-care subsidies, recognized as particularly beneficial to women workers. Iceland stands out as a pioneer in adopting policies to protect women in the recent crisis, mainstreaming gender in its recovery measures, and appointing a working group to evaluate the impact of the economic crisis from a gender perspective and ensure that gender equality principles are reflected in State-led initiatives to restore the economy.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Humanitarian
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 31
- Paragraph text
- The lessons learned from the economic crisis and the impact of macroeconomic policies on women's economic opportunities can and should inform the post-2015 agenda. Grounding development priorities in women's human rights is not only a legal and moral imperative, but can also enhance effectiveness and accountability. In accordance with the proposal of UN-Women that gender equality must both be mainstreamed into all development goals and also remain a stand-alone goal, the Working Group recommends that transformative structural change as regards unpaid care functions be duly taken into account in a stand-alone goal of gender equality.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 32
- Paragraph text
- No country has succeeded in closing the gender gap in all aspects of economic and social life. From her first days to her last, a woman's experiences will inevitably be marked by the expectations, beliefs, stereotypes, values, opportunities, roles and responsibilities associated with being female in her culture. While every girl is unique and every woman's life is different, in all societies they share certain aspects of quality of life as a result of living in a gendered and patriarchal reality. Gender discrimination and inequality manifest themselves at all stages of women's life cycle.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 33
- Paragraph text
- Education of girls is key to quality of life for girls, adult women, families and communities. Education has a multiplier effect, increasing labour force participation and reducing child and maternal mortality. A country's progress depends, among other things, on the enhancement of its female human capital. Above all, education is a basic human right that must, at all levels, be made equally available to girls.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 34
- Paragraph text
- The gender gap in education is not as stark as it once was: today, female enrolment is rising at greater rate than among males, and data show the achievement of gender parity at primary and/or secondary levels in two thirds of countries. In 2013, 25 countries had fully closed the gap in educational attainment at all levels (5 more than in 2012) with, in some cases, even disparities in favour of girls.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Person(s) affected
- Girls
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 35
- Paragraph text
- Despite this significant progress, there are still social and cultural barriers preventing girls' access to school in some countries, as resonantly evidenced by Malala Yousafzai, the young Pakistani schoolgirl who was the victim of an assassination attempt by Taliban gunmen in 2012 and has since been a vocal advocate for girls' right to education.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Girls
- Women
- Youth
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 36
- Paragraph text
- Most countries only track enrolment and not completion rates, yet enrolment is an inherently flawed measure of girls' access to education. Attendance is a better measure, as girls' attendance may be cut short due to domestic responsibilities such as cooking, fetching water and firewood, and childcare; lack of adequate sanitation in schools to meet the needs of menstruating girls; early marriage or pregnancy; and gender-based violence and harassment, including in schools. In situations of economic contraction, as households cope with declining household income, girls are more vulnerable to being pulled out of school, with girls experiencing a 29 per cent decrease in primary school completion rates versus 22 per cent for boys.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Water & Sanitation
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 37
- Paragraph text
- Ensuring girls' education may require protecting their families against economic shocks and incentivizing parents to keep their girls in school. Cash transfer programmes, for example, have assisted families in return for committing to keeping their girls and boys in school and attending regular health checks, or by providing a stipend to girls who agree to delay marriage until they complete secondary education. Such programmes have been successful in decreasing girls' dropout rates.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Person(s) affected
- Boys
- Families
- Girls
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 38
- Paragraph text
- While educational gender parity shows signs of improvement, it is often not reflected in parallel gains in economic and political participation. Amongst countries that have invested in girls' education, some see returns in terms of women's economic and political participation, but others do not. These countries have an untapped educated talent pool and would have much to gain through women's greater participation in the economy.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Person(s) affected
- Girls
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 39
- Paragraph text
- Gender diversification in academic disciplines and professional training are necessary. The United Nations Educational, Scientific and Cultural Organization points out that quality reforms include those that address the content or mode of provision of particular educational inputs, such as revising curricula and textbooks, or improving teachers' skills in gender-aware teaching and learning methods.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 40
- Paragraph text
- Women's adult lives both reflect the quality of their girlhood and predict the quality of their older age. Their adult lives are the period of their economic activity and productive capacity, which are characterized by duality. Women function in the cash economy (as employees, self-employed, entrepreneurs or decision makers in economic and financial institutions) and also as the primary unpaid carers (for dependent family members, including children and elderly parents).
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 41
- Paragraph text
- Participation rates of women in the global labour force continue to be lower than men's, hovering steadily from 1990 to 2010 at around 52 per cent.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 42
- Paragraph text
- Gender inequality in economic participation and opportunity remains a pressing problem.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 43
- Paragraph text
- In many countries, a high percentage of employed women are in formal employment. However, in many low-income countries, formal employment is scarce and the only economic resource, especially for women, is informal work.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 44
- Paragraph text
- In some States, discriminatory legislation persists, including through the delegation of authority to religious personal law systems, obstructing women's participation in the labour market. However, in many countries, discriminatory legislation has been eliminated and equal employment opportunity laws have been enacted: 101 countries have laws prohibiting employment discrimination and 117 have equal pay laws.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 45
- Paragraph text
- Nevertheless, there is not full equality of results in any labour market. Discrimination in hiring, promotion, conditions and wages and dismissal exists in all countries. In many high- and middle-income countries, gender gaps in unemployment have worsened since the economic crisis. Furthermore, cultural and structural barriers close opportunities for women in the labour force. Maternity is a focus for discrimination for women in most countries. Women's hours of workforce participation are, generally, reduced by motherhood, while men's are increased by fatherhood.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 46
- Paragraph text
- The gender wage gap persists: women's wages represent between 70-90 per cent of men's wages in most countries. Research shows that differences in women's working hours, which are lower than men's, cannot justify the wage gap, and the wage gap cannot be attributed solely to a motherhood penalty. Furthermore, wage gaps remain substantial despite women' gains in education. Indeed, wage gaps are usually wider between men and women with tertiary education.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 47
- Paragraph text
- There is a related problem of segregation in the formal labour market, with women clustered in "pink collar", largely service sector, jobs with inferior working conditions, less job security and lower pay. In high-income countries, more than 85 per cent of employed women work in the service sector, primarily in education and health. In order to address wage gaps resulting from occupational segregation, the Convention on the Elimination of All Forms of Discrimination against Women and ILO Conventions require equal pay for equal work or for work of equal value, comparable in skill, responsibility, effort and working conditions. The ILO guide to gender-neutral job evaluation provides an objective evaluation system. The ILO also recommends that policies to combat occupational segregation also encourage men to enter occupations traditionally associated with women.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 48
- Paragraph text
- Women are concentrated in higher numbers than men in informal work, not recognized, recorded, protected or regulated by the public authorities, and overrepresented in precarious, atypical and vulnerable work or employment. There are extreme examples in which 93 per cent of women workers are in informal work.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 49
- Paragraph text
- The informal sector includes casual and seasonal workers, part-time workers, temporary and agency workers, home workers, domestic workers, unpaid family workers and also some forms of self-employment, such as street hawkers. Informal employment is growing in both developing and developed countries: the workforce is becoming increasingly "flexibilized" as employers attempt to avoid regulation and cut labour costs.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 50
- Paragraph text
- Women in the informal economy have, furthermore, been deeply affected by economic crisis. There is an "added worker" effect, whereby women enter the labour force to provide additional income security to the household, often forcing them into precarious work, migrant labour overseas or exposing them to trafficking. According to Women in Informal Employment: Globalizing and Organizing, nearly 40 per cent of street vendors interviewed in developing countries in 2009 had experienced an overall deterioration of employment and income levels, and 84 per cent of own-account home-based workers reported reduced monthly incomes.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 51
- Paragraph text
- Domestic workers caring for children, the disabled and ageing people, are a highly vulnerable category of employees, often in the informal sector. About 83 per cent are women or girls, and many are migrant workers. Domestic workers often encounter deplorable working conditions; labour exploitation; extortionate recruitment fees resulting in debt; confiscation of passports; long, unregulated hours of work; lack of privacy; exposure to physical and sexual abuse; and separation from their own families and children. The ILO Domestic Workers Convention (No. 189) calls for States to guarantee decent work for domestic workers, and thus several countries have introduced new protections.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Girls
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 52
- Paragraph text
- Women migrant workers face exploitation and abuse, often finding themselves in precarious employment without effective legal protections, particularly if they have irregular or undocumented legal status. About half of the world's migrant workers are women, most of them finding work in traditionally female-dominated occupations such as domestic work or in the garment and textile industries. General Recommendation No. 26 of the Committee on the Elimination of Discrimination against Women, on women migrant workers, emphasizes that all categories of women migrants must be protected against discrimination. The ILO Migrant Workers Convention (No. 143) and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families also provide important protections.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 53
- Paragraph text
- General Recommendation No. 26 highlights that discrimination against women migrant workers may be especially acute in relation to pregnancy. However, there are some instances of good practice where, for example, the deportation of pregnant migrant workers was expressly prohibited by a High Court decision.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 54
- Paragraph text
- In order to secure decent work for women, the damaging impact of informal work must be addressed. This requires reduction and reconstruction of informal work.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 55
- Paragraph text
- Reducing informal work for women means increasing women's opportunities to work in the formal labour market. States, in different regions and at different income levels, have invested in the reskilling or professionalization of unemployed persons, with targeted benefits for women, such as retraining for jobs, especially for those with family responsibilities, or in setting quotas for women in employment guarantee programmes targeted at the poorest households. In the 2008 economic crisis, some States engaged in good practice specifically preserving women's jobs, and four countries in different regions increased their public works programmes with focus on female participation.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 56
- Paragraph text
- Reconstructing informal employment is often possible through legal interpretation or law enforcement. Legal factors that exclude informal workers from the coverage of protective labour laws include narrow definitions of the employment relationship, recognition of contracting out, specific exclusions and lack of enforcement. There is some judicial good practice to void the use of "flexibilized" patterns of employment by employers seeking to avoid their labour law obligations; of extending anti-discrimination legislation to leased employees; and of applying a pro rata system to employment conditions of part-time, temporary or leased workers. Reconstructing the informal labour in order to guarantee decent work for women also requires extending all social security rights, including maternity and care rights, to informal sector employees.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 57
- Paragraph text
- Women make important contributions to business around the world as business owners and entrepreneurs, with 224 million women globally operating businesses. Women tend to be concentrated in small and medium enterprises (SMEs), which account for a significant share of employment generation and economic growth potential, with full or partial female ownership representing 31-38 per cent of SMEs in emerging markets. Women informal traders contribute significantly to national gross domestic product, accounting for between 40 and 65 per cent of value added in trade in some African countries. Research shows that companies with female board membership and diversity outperform others in return on sales, invested capital and equity. Furthermore, during the financial crisis, companies with women in the leadership had a better record of financial and employment sustainability.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 58
- Paragraph text
- Nevertheless, there is a significant gender gap in top leadership in decision-making bodies in business, finance and trade, including in international institutions such as the IMF and the WTO. Out of the world's 2,000 top performing companies, just 29, or 1.5 per cent, had female chief executive officers in 2009. Women account for 4 per cent of chief executive officers in Fortune 500 companies and 4 per cent in information technology and telecommunications companies. In 2012, women had only 16.6 per cent of Fortune 500 Board seats, of which only 0.6 per cent were women of colour. Only 17 out of 177 governors of central banks were women in 2012 (less than 10 per cent). Women are also greatly underrepresented in the leadership of cooperatives and trade unions.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 59
- Paragraph text
- However, reports suggest that rates of women in senior management are slowly increasing globally, currently reaching 24 per cent. The economies of the Group of Seven are at the bottom of the list, with just 21 per cent of senior roles occupied by women, and with only 7 per cent in one of these countries. This compares to 28 per cent in the BRIC (Brazil, Russia, India and China) economies, 32 per cent in South East Asia and 40 per cent in the Baltic States, while in China, 51 per cent of senior management positions are currently held by women.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 60
- Paragraph text
- States have a due diligence obligation, under international human rights law and in accordance with article 2 (e) of the Convention on the Elimination of All Forms of Discrimination against Women, to prevent discrimination by corporate, financial or trade institutions, whether national or transnational, which fall under their jurisdiction.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 61
- Paragraph text
- In many economies, there are discriminatory laws, often emanating from personal law systems, that create barriers to women operating in business. Examples include restrictions on registering a business, travelling outside of a country, owning land and other productive assets, opening a bank account, inheriting family property and taking a job without a husband's permission. In many countries, the legal regulation of cooperatives allows membership for male heads of household only.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 62
- Paragraph text
- Additional limiting factors include gender stereotypes, lack of mentoring by senior male business leaders and lack of connection to chambers of commerce to identify business and trade opportunities. Underinvestment in women entrepreneurs is a worldwide phenomenon. Research shows that from 1997 to 2000, women-led businesses in the United States received only 5 per cent of venture capital money invested each year. Venture funds led by women constitute just 10-15 per cent of the investment sector and so, although they put 70 per cent of investment in women entrepreneurs, their impact is limited. In Africa, female-owned companies in the formal sector in urban areas have two and a half times less start-up capital than male-owned equivalents. In addition, due to their concentration in small businesses, women are more vulnerable to economic fluctuations and financial crisis. Furthermore, the gender pay gap widens as women reach senior positions. For example, in one West European country, women's average bonuses are half those of men's.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 63
- Paragraph text
- A number of countries have adopted temporary special measures specifically directed at accelerating de facto equality for women in corporate leadership, entrepreneurship and trade. Legislation with gender quotas for membership of corporate boards has been adopted in 13 countries. Most of the countries with quota requirements belong to the Western European and other States Group, but some are in Africa and Asia. The quota requirements, varying between a minimum of 1 and 40 per cent, apply to government companies and publicly listed companies. In some States, failing to fulfil quota requirements results in sanctions. Quotas have also been applied by local government to boards of directors of cooperatives. On the evidence, it seems that mandatory and not voluntary quotas are the most effective way to get women onto boards.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 64
- Paragraph text
- Preliminary good practices for promotion of women's entrepreneurship include the ILO Job Creation in Small and Medium Sized Enterprises Recommendation 1998 (No. 189) and Women's Entrepreneurship Development and Gender Equality programme, the Canadian Business Women in International Trade programme and the Malaysia External Trade Development Corporation special programme for women exporters. The International Trade Centre has encouraged States to devise gender-sensitive national export strategies. Two countries also focused on female entrepreneurs, in response to the economic crisis, cutting interest rates on loans to micro- and small enterprises targeted at women-headed households or introducing special credit lines for female artisans.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 65
- Paragraph text
- Training, information and provision of credit and saving facilities are all essential for entrepreneurship. Multilateral initiatives to support women's entrepreneurship and facilitate their access to financial resources include the ILO Women's Entrepreneurship Development and Gender Equality programme, the Global Banking Alliance for Women and the Mann Deshi Mahila Sahakari Bank, founded in 1997, one of the first legally recognized women's cooperative banks.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 66
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- Procurement policies that target women can be a tool to advance women's businesses. In developing countries, governments are the largest buyer of goods and services, accounting for 15-20 per cent of gross domestic product, and yet spend only 1 per cent on sourcing from women-owned businesses. Some countries have begun to tackle the issue. One country from the Western European and other States Group set a mandatory goal of 5 per cent of federal contract spending on women-owned small businesses. An African country put in place Public Procurement and Disposal (Preference and Reservations) Regulations to ensure access to government contracts by enterprises owned by women, youth and persons with disabilities.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Youth
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 67
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- Since the 1980s, transnational corporate activity and economic and trade policies, although creating economic opportunities for women, have also exposed them to severe disadvantages and, in some cases, human rights violations.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 68
- Paragraph text
- There is an emerging business and human rights agenda focusing on corporate responsibility for human rights violations. The Guiding Principles on Business and Human Rights establish three pillars of corporate responsibility: the duty of the State to protect against human rights abuses by private actors; corporate responsibility to respect human rights; and the duty of both to provide remedies for rights violations. While the Principles acknowledge that guidance to business should take into account gender considerations, there is significant work to be done to elaborate upon this and address the gendered impact of corporate activities on women.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- N.A.
- Women
- Year
- 2014
Paragraph