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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. 67
- Paragraph text
- In 2011, a social worker who founded a local shelter for girl survivors of sexual violence and an international human rights lawyer initiated a coalition with local, regional and international civil society organizations, feminist lawyers and the national human rights commission to file a case seeking to hold the police accountable for failure to address rampant sexual violence against girls. The 160 Girls case was brought to the High Court in 2012. With the support of the shelter, 11 applicants were chosen from more than 160 victims of child rape who had been denied access to justice. The remaining victims were represented by the twelfth applicant, which was the rape shelter itself. It was the first case brought to the High Court under the equality provisions laid out in the 2010 Constitution. The decision was instrumental in establishing the failure of the police to meet national and international standards to conduct prompt, effective, proper and professional investigations into complaints, thereby preventing access to justice. With the use of relevant international human rights instruments and progressive interpretation of constitutional rights and State obligation, the jurisprudence was precedent-setting. The seminal contribution of the decision lay in establishing the rights of the child and the delineation of the scope of State obligation in protecting children from violence, and the duty to investigate and apply existing rape laws.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 68
- Paragraph text
- In its decision, the Court recognized that the girls’ constitutional rights had been violated and that the police had failed to act with due diligence as agents of the State. The police force was ordered to implement article 244 of the Constitution, requiring them to train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity. Police officers were ordered to investigate the perpetrators of the 11 applicants and to ensure effective investigations in all child rape claims. As at early 2016, 80 per cent of such cases had resulted in convictions, while others were pending before courts and additional investigations had been initiated. The judgment has been referenced in other cases, including an important class action suit by victims of post-election violence, and the high courts have issued further progressive decisions on related grounds.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 69
- Paragraph text
- What makes this case study a uniquely good practice is that, rather than ending with a court decision, the coalition of organizations involved continued to work together to expand that decision into a comprehensive movement for change. The 160 Girls Project developed as a result of the case centres on training and education programmes involving police, shelters, social workers and community members to ensure a multi-level long-term impact. A rape investigation training programme for police was developed that included a peer-to-peer train-the-trainers element with international police officers and ongoing training from equality lawyers and the national human rights commission. Research has shown positive impacts, including documented attitudinal changes and increased professionalism in the handling of child rape cases. Furthermore, training programmes have been developed for shelter workers on documenting sexual violence cases and the rights of victims.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 70
- Paragraph text
- Community education programmes are a key component of the implementation strategy. In this case, a robust pilot project on public legal education included community training on the decision and the related girls’ rights and police obligations; awareness-raising events including drama/theatre and panel discussions; rights-training for children; a smartphone application giving details on the steps to take in rape investigations; and public awareness materials, including billboards, radio and television programmes, social media outreach and short videos on the Internet. These measures have been replicated in other parts of the country.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Person(s) affected
- Children
- Girls
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 71
- Paragraph text
- While the ongoing efforts of project partners have ensured sustained impacts, the context of endemic sexualized violence against girls and women continues to be an issue. Those regions of the country that face heightened security issues present challenges, and it remains to be demonstrated whether there can be shifts in public sentiment regarding rape of women. A highly active civil society ensures that courts continue to be used to push for progress on the implementation of girls’ rights and on State responsibility for protecting children against sexual violence. However, it is unclear whether civil society organizations bear a disproportionate burden vis-à-vis the State, and whether the enabling context for such organizations will be maintained. Challenges include ensuring ongoing sources of funding for the project and decreasing reliance on overseas funding.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2017
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 18
- Paragraph text
- The Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child have noted that harmful practices affecting women and girls are deeply rooted in social attitudes according to which women and girls are regarded as inferior to men and boys based on stereotyped roles. They highlight the gender dimension to violence and indicate that sex- and gender-based attitudes and stereotypes, power imbalances, inequalities and discrimination perpetuate the widespread existence of practices that often involve violence or coercion. They maintain that the nature and prevalence of these practices vary according to region and culture. These practices cause serious harm to every aspect of the lives of the women and girls who fall victim to them and include incest, female genital mutilation, early and/or forced marriage, so-called "honour crimes", dowry-related violence, neglect of girls, extreme dietary restrictions, virginity tests, servitude, stoning, violent initiation rites, widowhood practices and female infanticide. The obligations set out in the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child form the basis for the elaboration of a global strategy to eliminate harmful practices, which should be well defined, rights-based, have local relevance and comprise legal, economic and social support measures combined with proportional political engagement and State responsibility at all levels.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 25
- Paragraph text
- It is the opinion of the Working Group that the understanding and legal definition of the family in national legislation should be extended to recognize different forms of family. The recognition of same-sex couples, for both women and men, and other forms of family is an example of good practice that a number of States have already implemented. In this regard, the Inter-American Court of Human Rights has confirmed that mothers who are lesbians should not be deprived of custodial rights over their children.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- LGBTQI+
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 31
- Paragraph text
- The family is the basic unit of society and, as such, should be strengthened. It is entitled to receive comprehensive protection and support. The family plays a key role in social development and in the growth and well-being of children, including girls. Women and girls' ability to act and participate in the different aspects of life in society derives mainly from respect for their right to equality with men and boys in the family. In this context, the Working Group deems it essential for families to be formed in such a way that women and girls' right to equality is fully recognized, respected, protected, fulfilled and promoted.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Boys
- Children
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 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. 66
- Paragraph text
- To prevent any violation in cultural and family life, the State must challenge cultural discourse and cultural norms that discriminate against women and perpetuate structural discrimination, taboos or stereotypes based on gender. Attitudes and behaviours towards women must be changed, and women's access to employment, education and finance, as well as the safety of their homes and children, must be ensured by the State in order to reduce gender inequalities.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 19
- Paragraph text
- There are barriers to women's access to leadership and decision-making positions in these economic and financial institutions, which generate policies that determine the quality of life of women, men, children and communities. Furthermore, in the emerging area of corporate responsibility, the gendered harm to women resulting from transnational business and trade policies has been largely invisible. There is a need to address these issues and develop tools for gender responsiveness in economic leadership and corporate responsibility.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 24
- Paragraph text
- Although women at all economic levels, in high-, middle- and low-income countries, suffer from discrimination, they have primary responsibility for the provision of care and are victims of violence. Women are not a homogenous group, and their experience varies greatly between regions, countries, socioeconomic classes within countries and their identities as members of minorities, migrants, girl children, older women, or on account of single parenthood, disabilities or sexual identity, among others.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 33
- Paragraph text
- Education of girls is key to quality of life for girls, adult women, families and communities. Education has a multiplier effect, increasing labour force participation and reducing child and maternal mortality. A country's progress depends, among other things, on the enhancement of its female human capital. Above all, education is a basic human right that must, at all levels, be made equally available to girls.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 36
- Paragraph text
- Most countries only track enrolment and not completion rates, yet enrolment is an inherently flawed measure of girls' access to education. Attendance is a better measure, as girls' attendance may be cut short due to domestic responsibilities such as cooking, fetching water and firewood, and childcare; lack of adequate sanitation in schools to meet the needs of menstruating girls; early marriage or pregnancy; and gender-based violence and harassment, including in schools. In situations of economic contraction, as households cope with declining household income, girls are more vulnerable to being pulled out of school, with girls experiencing a 29 per cent decrease in primary school completion rates versus 22 per cent for boys.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Water & Sanitation
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 40
- Paragraph text
- Women's adult lives both reflect the quality of their girlhood and predict the quality of their older age. Their adult lives are the period of their economic activity and productive capacity, which are characterized by duality. Women function in the cash economy (as employees, self-employed, entrepreneurs or decision makers in economic and financial institutions) and also as the primary unpaid carers (for dependent family members, including children and elderly parents).
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 51
- Paragraph text
- Domestic workers caring for children, the disabled and ageing people, are a highly vulnerable category of employees, often in the informal sector. About 83 per cent are women or girls, and many are migrant workers. Domestic workers often encounter deplorable working conditions; labour exploitation; extortionate recruitment fees resulting in debt; confiscation of passports; long, unregulated hours of work; lack of privacy; exposure to physical and sexual abuse; and separation from their own families and children. The ILO Domestic Workers Convention (No. 189) calls for States to guarantee decent work for domestic workers, and thus several countries have introduced new protections.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Girls
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 74
- Paragraph text
- The Committee on the Elimination of Discrimination against Women has, for instance, held States responsible for denying equal access for women to private health providers. One binational trade agreement, supported by the ILO, linked access to markets in importing countries with improved labour conditions for the largely female garment workers in the exporting country. There are examples of corporate initiatives to provide childcare, career development and training for female workers in overseas garment industries, or to prevent use of ultrasound equipment, which may be used to increase sex-selective abortion.
- 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
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 79
- Paragraph text
- Furthermore, failure to provide access to housing, food and water has disproportionately burdened women as vulnerable members of communities, as childbearers and as primary carers. These issues have been gender-mainstreamed in reports by, for example, the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context; the Special Rapporteur on extreme poverty and human rights; the Special Rapporteur on the right to food; the Special Rapporteur on the human right to safe drinking water and sanitation; and Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 84
- Paragraph text
- Patterns of allocation are often not the result of choice, but rather of stereotyping and discrimination. There is evidence, in most countries, of discrimination in hiring, firing and workplace treatment of pregnant women; imposition of a disproportionate share of unpaid care responsibilities on women; and negative stereotyping of mothers and also fathers who are taking care of children. Cultural assumptions of the motherhood role appear to exist in tension with the conception of the ideal worker. Nevertheless, in a cross-regional comparison of selected countries, it was found that motherhood does not uniformly reduce labour force participation or occupational success and, indeed, it increases these in some countries as compared to women without children. However, it does reduce the number of hours worked and, even more, it increases, disproportionately and beyond any difference that might be explained by the reduction of work hours, the gap between mothers' wages and fathers' wages.
- 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
- Infants
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 90
- Paragraph text
- Unlike women's reproductive function, care functions do not necessarily have to fall on women. All forms of care, including childcare, are amenable to social reconstruction, and indeed in the Nordic countries, which have long pursued a policy of gender equality in the division of work and childcare functions, the distribution of care work comes close to parity. Good practice regarding the allocation of care responsibilities, pioneered in the Nordic countries, encourages men to enter traditionally women's worlds, both in the family and in the workplace, thus allowing women to participate and advance in the labour market.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Health
- Person(s) affected
- Children
- Families
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 94
- Paragraph text
- Redistributing care work involves restructuring the design, funding and delivery of care by households, markets, the State and civil society so that a disproportionate burden of unpaid care does not fall on women. The equal sharing of care amongst different actors requires, on one hand, the sharing of care responsibilities by men as well as women in households and, on the other, the provision by the State of affordable and accessible care facilities, including childcare, adequate hospital care and recuperation periods, and facilities for the care of the disabled and the elderly.
- 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
- Children
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 95
- Paragraph text
- Sharing of care responsibilities within the household should remain a matter of choice for women and men. For any real choice to be possible, paid care leave must be available to both parents. The Nordic countries were the first to introduce an independent paternity leave in order to overcome stereotypes and barriers to men sharing childcare functions. Such provisions are becoming more common around the world, with increased awareness of men's parenting roles and their need to reconcile work and family life. Paternity leave is usually much shorter than maternity leave and more often unpaid. Some countries have introduced more gender-neutral parental leave options, and recent best practice in one Nordic country provides symmetry in childcare leave, with five months for each parent individually and two months that can be allocated according to parental choice.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Children
- Families
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 96
- Paragraph text
- Need for care continues for toddlers and older children after the period of parental leave and also exists for the elderly and disabled. Responsibility for this needs to be redistributed through care services. At present, international minimum state obligations for provision of childcare services or for elderly and disabled services are lacking.
- 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
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 97
- Paragraph text
- As regards childcare, the Working Group supports the call of UN-Women for States to guarantee quality and accessible childcare as a social protection floor. This both serves the obligation to achieve de facto equality for women in economic and social life and enables parents to reconcile work and family life. The Working Group suggests that the provision of childcare may also be engineered as an economic efficiency measure, with the right to fully subsidized care services linked to the parent's participation in economic activity. In addition, good practice includes State support for community, trade union and corporate initiatives to provide care services. Furthermore, after children start school, it is good practice to synchronize children's school hours and holidays with adults' work schedules.
- 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
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 105
- Paragraph text
- School-related gender-based violence takes different forms, with girls in some countries violently targeted for attending school, while in other countries, they are subject in school to sexual violence or harassment, including by teachers. Such violence results in trauma, stigmatization and sometimes pregnancy, and severely curtails girls' educational opportunities. In many States, sexual intercourse with a minor is considered rape, as minors are not capable of consent, but only 32 out of 100 States have specific provisions on sexual harassment at schools. Examples of good practices by some States include introducing confidential school reporting mechanisms, capacity-building for police, child-friendly courts, a public register of sexual offenders and barring sexual offenders from teaching.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- Adolescents
- Children
- Girls
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 114
- Paragraph text
- [The Working Group recommends that States:] Eliminate all discriminatory laws and practices which prevent girls from completing their education, including child marriage;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 115
- Paragraph text
- [The Working Group recommends that States:] Ensure all girls' de facto access to education, including mandatory, free primary education and access to secondary and tertiary education, free of discrimination;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 116
- Paragraph text
- [The Working Group recommends that States:] Adopt good practices to combat non-attendance by girls, such as providing financial resources to parents to keep their girls in school, preventing violence against girls in schools, providing proper sanitary facilities and making provision for pregnant girls and school-age mothers;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 117
- Paragraph text
- [The Working Group recommends that States:] Ensure equality for girls in the quality of education at all levels, including breaking down gender stereotypes in school curricula, teacher training programmes, textbooks and teaching materials; and encourage girls' engagement in non-traditional vocational skill areas and academic disciplines, such as mathematics, science and technology;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2014
Paragraph