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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. 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. 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. 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. 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. 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
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. 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. 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. 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
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. 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. 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. 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. 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 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. 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. 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. 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. 70
- Paragraph text
- Export processing zones are delineated industrial estates with special incentives set up to attract foreign business and trade. They are feminized work enclaves in which women make up the majority of workers, up to 100 per cent in some cases. Women workers face particularly harsh employment conditions. Normal labour laws are usually not applied. Whether de jure or de facto, there is a lack of union organization and, typically, women's wages are 20-50 per cent lower than men's. Furthermore, these zones are a health hazard for women, with overextended working hours, rights violations relating to pregnancy protection, maternity leave or childcare, and sexual harassment.
- 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. 83
- Paragraph text
- Barriers to women's economic opportunities resulting from reproduction and care functions must be removed in order to permit choice by women and men as to how they allocate economic and caring duties. Three possible patterns of allocation have been identified: both parents as full-time workers; one full-time and one part-time worker, where the part-time worker is usually the woman; or the male breadwinner model. There is also the single parent pattern, which is usually a woman.
- 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
- Families
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 90
- Paragraph text
- Unlike women's reproductive function, care functions do not necessarily have to fall on women. All forms of care, including childcare, are amenable to social reconstruction, and indeed in the Nordic countries, which have long pursued a policy of gender equality in the division of work and childcare functions, the distribution of care work comes close to parity. Good practice regarding the allocation of care responsibilities, pioneered in the Nordic countries, encourages men to enter traditionally women's worlds, both in the family and in the workplace, thus allowing women to participate and advance in the labour market.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Health
- Person(s) affected
- Children
- Families
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 95
- Paragraph text
- Sharing of care responsibilities within the household should remain a matter of choice for women and men. For any real choice to be possible, paid care leave must be available to both parents. The Nordic countries were the first to introduce an independent paternity leave in order to overcome stereotypes and barriers to men sharing childcare functions. Such provisions are becoming more common around the world, with increased awareness of men's parenting roles and their need to reconcile work and family life. Paternity leave is usually much shorter than maternity leave and more often unpaid. Some countries have introduced more gender-neutral parental leave options, and recent best practice in one Nordic country provides symmetry in childcare leave, with five months for each parent individually and two months that can be allocated according to parental choice.
- 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
- Children
- Families
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 136
- Paragraph text
- [The Working Group recommends that States:] Eliminate all laws which discriminate against women by punishment of behaviours which are not punished when performed by men or by prescribing invasion of women's physical integrity and autonomy;
- 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
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 34
- Paragraph text
- For women to have the capacity to participate in political and public life on equal footing with men, including to build autonomous movements for their own empowerment, they must be able to exercise their rights to freedom of thought, conscience, religion, expression, movement and association. It is imperative to recognize and secure these rights as individual rights for women's effective participation in political and public life, in the light of the complex tensions between collective rights and 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
- Person(s) affected
- Men
- Women
- Year
- 2013
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 38
- Paragraph text
- Special measures, including quotas for women and other temporary measures, as required under article 4, paragraph 1, of the Convention and general recommendations No. 23 (1997) and No. 25 (2004) of the Committee on the Elimination of Discrimination against Women, are necessary to achieve equality between men and women in political and public life, in order to contend with the underlying structural disadvantaging of women. The most significant increase in the numbers of women in national parliaments over the years has occurred in countries where special measures, such as gender quotas, have been effectively constructed and implemented. The use of quotas to advance women's political representation and participation has increased in the past three decades and produced significant results when properly adapted to specific electoral and political 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
- Person(s) affected
- Men
- Women
- Year
- 2013
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 42
- Paragraph text
- The Working Group welcomes a general trend in recent years to extend special measures or positive action to other areas of public life beyond legislative bodies. Positive action encompasses actions to promote women's participation in public life by such tools as media campaigns and training opportunities, which are not legally binding quotas, and new generation transformative measures setting out an overriding objective of equal power of women and men to shape society and their own lives.
- 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
- 2013
Paragraph