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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 61
- Paragraph text
- Reform of family laws provides a firm basis to overcome structural and cultural impediments to women's equal and full participation in political and public life. Family laws have been the focus of reform throughout history, as part of whole movements of States and societies towards modernity. In most cases, religious hermeneutic projects, particularly when initiated as part of broader reforms during times of political transition, have been an integral part of making these changes possible, with a prominent role played by women's rights movements, as in the case of Morocco, which achieved significant reform on many fronts in the family code (Moudawana), and by reform-minded religious institutions. The political will for these reforms, in State-sponsored modernization projects and social engineering agendas, has existed in diverse contexts of colonial power, the post-colonial State and communist regimes.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- 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. 54
- Paragraph text
- Poverty and social exclusion, including women's high levels of illiteracy and poor health, lock women into a persistent state of dependence and deprivation and often make long-term participation in political and public life an unviable option. Programmes addressing poverty and social exclusion and containing strong empowerment components for marginalized women, including those who face multiple discrimination, enhance the opportunity and capacity for these particular women to participate meaningfully in political and public life.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- 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. 52
- Paragraph text
- Plural legal systems are systems in which various laws coexist. They may include various combinations of codified civil law, religious law systems, indigenous or customary legal codes, community arbitration or other dispute settlement procedures. Plural legal systems may be formal or informal. They most often affect personal status law and family law. In States with plural legal systems, the State legal system, which is generally civil and codified, and the State courts address matters relating to the public sphere.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 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
- Means of adoption
- N.A.
- 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. 15
- Paragraph text
- The Working Group notes the vital importance of article 5 of the Convention on the Elimination of All Forms of Discrimination against Women, which requires States to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary practices that are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women. This provision establishes a legal basis for the primacy of women's right to equality over discriminatory cultural patterns of conduct, including those stemming from religious edicts.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 74
- Paragraph text
- Women’s participation and self-determination in the development and application of the laws that shape the parameters of their lives is a human right. Supporting the existence of and collaborative engagement with autonomous women’s movements is a core component of State obligation to end discrimination against women. The case studies investigated for the present report demonstrate the centrality of an active citizenry, autonomous women’s movements and civil society organizations with progressive frameworks that align with women’s human rights standards as key factors in achieving positive changes in the development and application of the law.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- 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. 80
- Paragraph text
- Women’s rights advocates pointed to some areas of concern in the constitutional framework that were illustrative of the ongoing political and cultural struggle between the protection and contestation of conservative gender roles. While a single State religion was recognized and protected in the Constitution, it also includes provisions reiterating that the country was a civil State based on the primacy of law that promoted moderation and tolerance. How those potentially conflicting interests would work out in practice remained to be seen, particularly given that the constitutional courts were not yet in place.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 16
- Paragraph text
- Culture and religion are often invoked to justify discrimination and violent practices against women and girls. Women have often been viewed as objects rather than as equal participants with men in the creation and manifestation of cultural principles. Indeed, when culture and religion are invoked to justify different forms of discrimination against women, women are seen not as victims or survivors of such discrimination, but as persons who "violate" cultural rules and norms.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 18
- Paragraph text
- The Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child have noted that harmful practices affecting women and girls are deeply rooted in social attitudes according to which women and girls are regarded as inferior to men and boys based on stereotyped roles. They highlight the gender dimension to violence and indicate that sex- and gender-based attitudes and stereotypes, power imbalances, inequalities and discrimination perpetuate the widespread existence of practices that often involve violence or coercion. They maintain that the nature and prevalence of these practices vary according to region and culture. These practices cause serious harm to every aspect of the lives of the women and girls who fall victim to them and include incest, female genital mutilation, early and/or forced marriage, so-called "honour crimes", dowry-related violence, neglect of girls, extreme dietary restrictions, virginity tests, servitude, stoning, violent initiation rites, widowhood practices and female infanticide. The obligations set out in the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child form the basis for the elaboration of a global strategy to eliminate harmful practices, which should be well defined, rights-based, have local relevance and comprise legal, economic and social support measures combined with proportional political engagement and State responsibility at all levels.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 98
- Paragraph text
- Women's poverty and quality of life in older age derives from the culmination of the earlier phases in their life cycle and bears their imprint: stereotyping in education and girlhood; precarious jobs; informal labour; the costs of caring; interrupted career patterns; and the motherhood penalty in labour force participation. Hence women's situation in retirement can be regarded as a litmus test for the quality of women's economic and social life.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2014
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 14
- Paragraph text
- At the same time, no effective implementation of equality guarantees for women can be sustained without the genuine empowerment of women in all fields. This can only be achieved on the solid foundation of women's equal access to fundamental freedoms and rights, including the rights to security of person, to privacy, to freedom of expression, to freedom of association, and to freedom of thought, conscience and religion, in the context of the broader array of civil and political rights. Women's enjoyment of those freedoms and rights, in turn, can be attained only if they are able to benefit from their economic, social and cultural rights, including equal rights to property, occupation and employment, social protection and participation in cultural life, as well as from effective protection against violence.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 10
- Paragraph text
- Culture is a broad concept encompassing all forms of conduct, organization and human behaviour within society, including family, language, religion, philosophy, law, government, art and sport. Cultural diversity occurs when culture is expressed and develops in different contexts in society. Culture is not a static or unchanging concept, although some States tend to present it as such in order to justify inequality between men and women. This living, dynamic and evolving process permeates all human activities and institutions, including legal systems, in all societies across the world. Viewing culture and beliefs as immutable hinders the realization and development of all human rights, including those of women.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 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
- Means of adoption
- N.A.
- 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. 72
- Paragraph text
- The State must act as an agent of change as regards women's place in cultural and family life, by fostering and creating a culture free of all forms of discrimination against women. A transformative approach to women and girls' status in the family is crucial. There needs to be awareness that, in the past, a patriarchal concept of family pervaded all secular, religious, customary and indigenous laws and institutions and that some States and groups are now trying, in a retrograde manner, to subject women to the most oppressive forms of patriarchy, particularly in the context of religious fanaticism. It should also be understood that the transition towards equality between women and men, and girls and boys, in the culture and in the family is a prerequisite for a decent society.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Boys
- 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. 67
- Paragraph text
- Stigma is a deeply entrenched social and cultural phenomenon which lies at the root of many human rights violations and results in entire population groups being disadvantaged and excluded, as the Special Rapporteur on the right to water and sanitation has noted (A/HRC/30/39). Women are exposed to harmful gender stereotypes or taboos regarding natural and biological functions such as menstruation, breastfeeding and menopause. Diagnosis of mental illnesses in women is biased so as to stigmatize them and has been used as a justification for institutionalizing women unnecessarily against their will.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 33
- Paragraph text
- As the law had been enacted quickly and without supportive measures, many challenges arose. This included the placing of women as proxy candidates for male politicians; patriarchal and ethnic divisions that led to active exclusion of elected women representatives; a lack of appropriate support and skills development to address widespread illiteracy among rural women; a democratic deficit due to the history of exclusion from public life; women’s lack of self-perception as leaders; and a backlash in the form of harassment, social exclusion and gender-based violence. It was also found that many elected women representatives were unlikely to contest elections more than once.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 102
- Paragraph text
- The Working Group’s assessment of good practices in eliminating discrimination against women reaffirms the imperative that international human rights standards must be incorporated into national law and laws that contradict those principles must be repealed or modified, without exceptions based on cultural grounds, including cultural and customary grounds. Constitutional provisions that support gender equality create the foundation from which women’s rights can most comprehensively be supported throughout the legal system. States must also take measures to ensure that international and constitutional standards for women’s equality are infused at all levels of the legal framework, especially in federated and pluralistic legal systems.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- 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. 97
- Paragraph text
- The bottom-up approach of the practice, which was developed at the impetus of women’s organizations — while demonstrative of the innovative means used by the community to address the structural reality of the situation of violence and discrimination in which they live — has raised the question as to why grave and well-documented human rights violations have not been addressed on a systematic or institutional level within the federal police and Government. Political will to support, expand and institutionalize this good practice is required for its replication and sustainability. In all post- and ongoing colonial contexts, the disproportionate and intersectional discrimination faced by indigenous women, often aided and abetted by legal systems, must be systematically addressed by State duty holders.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2017
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 10
- Paragraph text
- International human rights law establishes the obligation of States to ensure the exercise of women's economic and social rights under conditions of equality and free from discrimination. The Convention on the Elimination of All Forms of Discrimination against Women and the International Covenant on Economic, Social and Cultural Rights are the key human rights instruments guaranteeing these rights. Articles 2 and 3 of the Convention establish a comprehensive obligation to eliminate discrimination in all its forms. Article 4 encourages the use of temporary special measures, while other provisions explicitly guarantee various aspects of women's economic and social rights, including articles 10 (education), 11 (employment), 13 (financial and cultural life), 14 (rural women) and 15 (equality before the law). Articles 2 and 3 of the Covenant prohibit discrimination based on sex and guarantee "the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant". The Covenant recognizes the right to: work; just and favourable conditions of work; social security; an adequate standard of living; education; and to form trade unions. The international human rights framework is complemented by key International Labour Organization (ILO) gender equality Conventions, such as Conventions No. 100 (equal remuneration), 111 (discrimination in employment and occupation), 156 (workers with family responsibilities), 183 (maternity protection) and 189 (domestic workers).
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 47
- Paragraph text
- Women's rights advocates engage actively in different normative regimes, including religious communities and indigenous or customary groups. They do so, among others, by initiating hermeneutic projects within their respective religions. In their cultural communities, women express their opinions on politics also through the arts, including writings, music and plays, and their works have been attacked, criminalized and condemned by State and non-State actors. In certain contexts, economically independent women playing leadership roles are stigmatized and attacked as witches. Lesbian, bisexual and transgender women who defend their human rights are vulnerable to attacks on their civil rights and personhood where there is a climate of intolerance arising from their perceived challenge to established norms of gender identity, gender roles and sexuality.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- LGBTQI+
- 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. 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
- Means of adoption
- N.A.
- 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. 19
- Paragraph text
- In many contexts, States fail to establish and enforce a clear legal hierarchy based on the guarantees of equality and non-discrimination set forth in international human rights law and national legislation, thus helping to maintain patriarchal modes of organization and behaviours. Even when the law is independent of any religious source, it may be strongly influenced by culture, deriving from dominant ideologies linked to religion, traditional attitudes and social norms. Some States adopt national laws and regulations that restrict the rights, power and mobility of women on the basis of essentialist points of view belonging to a particular culture or religion. Conservative religious extremist movements impose strict modesty codes in order to subjugate women and girls in the name of religion, particularly in situations of political transition or conflict. For example, some branches of Islam have reintroduced forced and/or early marriage and some branches of Christianity prevent women from having access to therapeutic abortion. Religious extremism limits women's rights, including their right to health and economic activity, and they are generally subject to harsh sanctions for crimes committed against the patriarchy, such as adultery. At the international level, many States justify their reservations to articles of several human rights conventions, including the Convention on the Elimination of All Forms of Discrimination against Women, in the name of preserving their cultures and religions. Human Rights Council resolutions 16/3 on promoting human rights and fundamental freedoms through a better understanding of traditional values of humankind and 26/11 on the protection of the family threaten to undermine international achievements in the field of human rights in the name of cultural and religious diversity.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73a (i)
- Paragraph text
- [The Working Group recommends that States:] Establish a national legal framework recognizing gender equality in cultural and family life, in accordance with regional and international standards: (i) Recognize and enshrine, in their constitutions and laws, the right to equality, which should apply in all areas of life and have primacy over all religious, customary and indigenous laws, norms, codes and rules, with no possibility of exemption, waiver or circumvention;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Families
- 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. 54
- Paragraph text
- Indigenous women experience a complex spectrum of mutually reinforcing human rights abuses which is influenced by intersecting forms of discrimination and marginalization, reinforced by patriarchal power structures and past and present forms of violations of the right to self-determination and control of resources. These intersecting forms of discrimination have profound health consequences for indigenous women, especially for their reproductive and sexual health. The Special Rapporteur on the rights of indigenous peoples has reported (see A/HRC/30/41) about the barriers to reproductive and sexual health services encountered by indigenous women as well as past and recurrent human rights violations in relation to their sexual and reproductive rights. For example, indigenous women experience disproportionately higher levels of maternal mortality, indigenous girls are overrepresented among pregnant teenagers and indigenous women have lower rates of contraceptive use and higher rates of sexually transmitted diseases, including HIV/AIDS. Historically, there have also been instances of serious violations of indigenous women's rights to reproductive health in the context of the denial of the rights of indigenous peoples to self-determination and cultural autonomy. Those violations include forced sterilization of indigenous women and attempts to force them to have children with non-indigenous men as part of policies of cultural assimilation. Indigenous women may also face barriers to preventive care services that support their right to health, such as screening for ovarian and breast cancer.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2016
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
- Means of adoption
- N.A.
- 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. 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
- Means of adoption
- N.A.
- 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. 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
- Means of adoption
- N.A.
- 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
- Means of adoption
- N.A.
- 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. 104
- Paragraph text
- Changing the law to meet the State obligation to respect and protect women’s human rights are key steps, but investigations show that fulfilling rights remains the most challenging facet of this triad. The fulfilment of women’s human rights requires substantive shifts in deeply entrenched social and cultural norms that reinforce gender stereotypes and perpetuate women’s subordination. As the Working Group has emphasized, the State must act as an agent of change as regards to women’s place in cultural and family life. The fulfilment of progressive legal frameworks requires strong political will, supported by appropriate resources, and attendant measures focused on attitudinal and behavioural change that cultivate an environment in which good practices can thrive. Change must be transferred from the normative level into all sectors of society so that duty and rights holders alike are able to internalize the shifts required to support human rights implementation.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2017
Paragraph