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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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 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. 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. 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. 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. 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. 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