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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 60
- Paragraph text
- Many States have entered reservations to articles 2 and 16 of the Convention, on equality in the family, almost all in deference to religious family law, and in so doing perpetuate the structural impediment of inequality in the family to women's full and effective participation in political and public life. The Working Group regards the elimination of discrimination in the family as central to women's capacity to participate in political and public life on equal terms with men and the withdrawal of these reservations as imperative.
- 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
- Men
- Women
- Year
- 2013
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 70
- Paragraph text
- Women who belong to vulnerable groups, based on race, class, ethnicity, religion or belief, health, status, age, class, caste and sexual orientation and gender identity, are effectively barred from political and public life based on multiple stereotyping. In its concluding observations, the Committee on the Elimination of Discrimination against Women has expressed concern about stereotyped media portrayals of women's roles within the family and 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
- Person(s) affected
- Families
- Women
- Year
- 2013
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. 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 economic and social life with a focus on economic crisis 2014, para. 100
- Paragraph text
- Discriminatory laws and practice prevail in most countries. Some such laws are self-evident, such as mandatory early retirement for women. Some are what has been called "statistical discrimination", such as separate annuity tables for women and men based on women's greater longevity. Others are the result of the sociology of the family and of legislative policy endorsing and perpetuating the economic dependence of women on a husband's income and pension entitlement.
- 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
- Health
- Person(s) affected
- Families
- Men
- Women
- Year
- 2014
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 political and public life with a focus on political transition 2013, para. 62
- Paragraph text
- Caregiving responsibilities in the family are disproportionately in the hands of women. Both the reality and the a priori belief that this is the way it should be put women at a structural disadvantage in entering and participating sustainably in political and public life. The long hours of work and heavy travel demands make it difficult for women with caregiving responsibilities to maintain consistent engagement in political and public life without adequate support for the caring responsibilities. At the same time, women who carry out full-time engagement in politics and public affairs are often harassed and stigmatized, as they are perceived to undermine traditional family values.
- 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
- 2013
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 63
- Paragraph text
- Good practice regarding the work-life balance for public and political participation includes both childcare support and institutional family-friendly scheduling. The highest performing countries in terms of proportion of women in public office have the most generous entitlements for maternal and parental leave. This reflects States' effectiveness in creating better options for women to reconcile the balance between work and family life, promoting a better balance of responsibilities between men and women in the home and encouraging a higher percentage of fathers to take parental leave. This demonstrates a significant cultural change in society's views of gender roles, which is itself a culmination of decades of responsive social policies. Good practices regarding gender-sensitive parliaments are found in some Western European and other States that have changed the scheduling of parliamentary session to allow a work-life balance for Members of Parliament who have parental responsibilities.
- 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
- Families
- Men
- Women
- Year
- 2013
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 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. 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. 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
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. 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
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. 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. 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. 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 the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 82
- Paragraph text
- In addition, restrictions on access to information on termination of pregnancy and services can deter women from seeking professional medical attention, with detrimental consequences for their health and safety. Examples of restrictions include criminalization of medical practitioners who provide these services; prohibiting access to information on legal termination of pregnancy; requiring third-party authorization from one or more medical professionals, a hospital committee, a parent, guardian or spouse; conscientious objection by health practitioners without provision of an alternative; requiring compulsory waiting periods; and excluding coverage for termination of pregnancy services under health insurance. None of these requirements is justified on health grounds.
- 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
- 2016
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 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 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 the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 52
- Paragraph text
- The pattern of physical, sexual and psychological abuse of migrant domestic workers is widespread. These women are often exposed to health and safety risks without being provided with proper information or adequate protection. Furthermore, the working and living conditions of many undocumented domestic workers, which are tantamount to slavery, and the separation from family members cause serious health, particularly mental health, problems.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 57
- Paragraph text
- The institution of family is one of the foundations of whole political systems, and family law is core to women's citizenship and public life. Women's right to equality in the family shapes opportunities and constraints for women's agency and autonomy and also regulates access to land, income, education and health, including reproductive health, thereby determining a woman's capacity to fully engage in all aspects of life. The right of women to equality in the family was established in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights and elaborated in articles 2 and 16 of the Convention.
- 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
- 2013
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 58
- Paragraph text
- Patriarchal and discriminatory family law or practice may limit women's freedom of occupation and freedom of movement in the public space. In some countries, men are still regarded by law as the head of household, barring women from representing their families in official decision-making processes on public affairs, including on development projects and issues of good governance, which have an impact on women and their families. The system of heads of household has been abrogated in many countries' 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
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
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
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. 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
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