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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 60
- Paragraph text
- Many States have entered reservations to articles 2 and 16 of the Convention, on equality in the family, almost all in deference to religious family law, and in so doing perpetuate the structural impediment of inequality in the family to women's full and effective participation in political and public life. The Working Group regards the elimination of discrimination in the family as central to women's capacity to participate in political and public life on equal terms with men and the withdrawal of these reservations as imperative.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 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
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2013
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 cultural and family life, with a focus on the family as a cultural space 2015, para. 73a (iii)
- Paragraph text
- [The Working Group recommends that States:] Establish a national legal framework recognizing gender equality in cultural and family life, in accordance with regional and international standards: (iii) Develop national strategies to eradicate cultural practices that discriminate against women and girls, as well as gender stereotypes, through awareness-raising campaigns, educational and informational programmes and stakeholder mobilization. Engage men, as appropriate, in prevention and protection efforts in respect of gender-based discrimination and violence;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 70
- Paragraph text
- Women who belong to vulnerable groups, based on race, class, ethnicity, religion or belief, health, status, age, class, caste and sexual orientation and gender identity, are effectively barred from political and public life based on multiple stereotyping. In its concluding observations, the Committee on the Elimination of Discrimination against Women has expressed concern about stereotyped media portrayals of women's roles within the family and society.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 74c
- Paragraph text
- [The Working Group recommends that international and regional human rights mechanisms:] Explore the establishment of an essential framework of minimum legal protection for all types of family, including self-created or self-defined families, that would guarantee women's fundamental rights in the family, in accordance with international law.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- 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. 69
- Paragraph text
- The State has an obligation to punish and to put an end to impunity and excuses or justification that perpetuate gender-based discrimination in cultural and family life. The State also has an obligation to afford redress for the harm suffered by women, including by providing for compensation, restitution, guarantees of non-repetition and even preventive measures.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 63
- Paragraph text
- Good practice regarding the work-life balance for public and political participation includes both childcare support and institutional family-friendly scheduling. The highest performing countries in terms of proportion of women in public office have the most generous entitlements for maternal and parental leave. This reflects States' effectiveness in creating better options for women to reconcile the balance between work and family life, promoting a better balance of responsibilities between men and women in the home and encouraging a higher percentage of fathers to take parental leave. This demonstrates a significant cultural change in society's views of gender roles, which is itself a culmination of decades of responsive social policies. Good practices regarding gender-sensitive parliaments are found in some Western European and other States that have changed the scheduling of parliamentary session to allow a work-life balance for Members of Parliament who have parental responsibilities.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
Paragraph
Eliminating discrimination against women in 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
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Boys
- 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. 73c (x)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Set up gender-awareness training for all State civil servants involved in education, health, social services, law enforcement and judicial decision-making. Include women, on an equal basis, in all bodies that interpret and apply family law;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 95
- Paragraph text
- Sharing of care responsibilities within the household should remain a matter of choice for women and men. For any real choice to be possible, paid care leave must be available to both parents. The Nordic countries were the first to introduce an independent paternity leave in order to overcome stereotypes and barriers to men sharing childcare functions. Such provisions are becoming more common around the world, with increased awareness of men's parenting roles and their need to reconcile work and family life. Paternity leave is usually much shorter than maternity leave and more often unpaid. Some countries have introduced more gender-neutral parental leave options, and recent best practice in one Nordic country provides symmetry in childcare leave, with five months for each parent individually and two months that can be allocated according to parental choice.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Children
- Families
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 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
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Families
- Women
- Year
- 2015
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 77
- Paragraph text
- The following case study, originating in a country of the Middle East and North Africa Region, highlights the central role of women’s autonomous organizing in promoting political and legal changes to eradicate discrimination against women and to promote substantive equality. The country had a long history of Government-led reform promoting gender equality in the law. This included broad legal reforms granting women autonomy and self-determination in public and family life, with progressive provisions in terms of sexual and reproductive rights. Women’s organizations had previously existed, but the political climate did not support autonomy. Growing authoritarianism in the regime and the prevalence of discriminatory attitudes had diminished the transformation of women’s traditional roles and the attainment of substantive equality. In 2011, a political revolution led by social movements brought about the downfall of the Government and led to the democratization of the State.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Women
- Year
- 2017
Paragraph
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
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2017
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (vii)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Respect, protect, fulfil and promote the right to gender equality in the family in the various types of legal system - secular family law systems, State-enforced religious family law systems and plural legal systems. The adoption of a family code or personal status laws free of any reference to culture or religion is encouraged;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (ix)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Make the formal State legal system accessible to all women, regardless of their social status, and address the shortcomings of the formal system. Formal justice should be preferred to informal justice for the settlement of all family matters, including those relating to sexual violence and domestic violence;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 38
- Paragraph text
- National constitutions are generally the supreme law in most States and form the foundation of the State's institutional and legal structures. They also provide the framework for the elimination of discrimination against women. An explicit constitutional guarantee of gender equality is fundamental to combating discrimination against women and girls in law and in practice. Many countries have already recognized and enshrined this principle of equality in their constitutional laws, and it is essential that it apply in all areas of law, including family law.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 63
- Paragraph text
- The State has a direct obligation to protect and respect women's right to equality in all the forms of family law considered above. It is held responsible for any breach of its obligations, including in cases where it has, through its constitution, laws or judicial decisions, assigned jurisdiction over family law matters to a religious, indigenous or customary court, tribunal or authority. Moreover, the State has an obligation to exercise due diligence to guarantee and protect women's right to equality in informal plural legal systems.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 14
- Paragraph text
- Culture, when understood as a macro concept, also includes religion. Religion constitutes an institutionalized aspect of culture, with its own sources of authority that regulate social behaviour. It is often based on the concept of transcendental authority, and most religions have codified normative systems. Change must be wrought within the religious hierarchy of the community and must conform to the religious dogma of the written sources. As a consequence, religions are often a haven against social and cultural change. In all religions, there are movements that resist any change to the patriarchy and the status of women and girls in the family. Conversely, non-gender-based discriminatory practices, including some previously defended in the name of culture and religion, such as slavery, have been delegitimized or abandoned as values and ethics have evolved.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 83
- Paragraph text
- Barriers to women's economic opportunities resulting from reproduction and care functions must be removed in order to permit choice by women and men as to how they allocate economic and caring duties. Three possible patterns of allocation have been identified: both parents as full-time workers; one full-time and one part-time worker, where the part-time worker is usually the woman; or the male breadwinner model. There is also the single parent pattern, which is usually a woman.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Families
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 57
- Paragraph text
- The institution of family is one of the foundations of whole political systems, and family law is core to women's citizenship and public life. Women's right to equality in the family shapes opportunities and constraints for women's agency and autonomy and also regulates access to land, income, education and health, including reproductive health, thereby determining a woman's capacity to fully engage in all aspects of life. The right of women to equality in the family was established in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights and elaborated in articles 2 and 16 of the Convention.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 58
- Paragraph text
- Patriarchal and discriminatory family law or practice may limit women's freedom of occupation and freedom of movement in the public space. In some countries, men are still regarded by law as the head of household, barring women from representing their families in official decision-making processes on public affairs, including on development projects and issues of good governance, which have an impact on women and their families. The system of heads of household has been abrogated in many countries' legal systems.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73a (ii)
- 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: (ii) Promote access to, participation in and contributions by women to all aspects of cultural life, including the definition, creation and interpretation of cultural and religious norms and practices, by providing equal resources, adopting special measures and policies, and facilitating women's access to decision-making positions and policymaking processes, at all levels;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 22
- Paragraph text
- While gender stereotypes pervade all aspects of human existence, women's rights are at particular risk in the family, which is a locus for the perpetuation of traditional values. The family is a product of patriarchal culture and a vital institution for upholding the patriarchy. The Working Group emphasizes that women's equal rights in the family are closely linked to their rights in all areas of life, including public and political life and social, economic and cultural life.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 21
- Paragraph text
- The question of how to identify good practices in ending discrimination against women is particularly poignant at this historical juncture, where a profound backlash against hard-won progress is occurring in all spheres. The continuing rise of fundamentalisms of all kinds and openly misogynistic, racist, xenophobic and populist voices, including Governments, is of grave concern to the Working Group. Efforts to re-entrench patriarchal understandings of sex, gender and family into the law point to important questions about sustaining progress and ensuring that good practices continue to be possible in fraught contexts. Ongoing attacks on autonomous women’s movements, civil society organizations, independent academia, public interest lawyers and women’s human rights defenders by State and non-State actors alike underscore the importance of not only protecting and supporting the crucial role of women human rights defenders, but also identifying those good practices which uphold human rights gains.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2017
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73d (vi)
- Paragraph text
- [According to general recommendation No. 29 of the Committee on the Elimination of Discrimination against Women, the family is a social and legal construct and, in various countries, a religious construct. It also is an economic construct. The Working Group recommends that States:] Assess, quantify and take account of the impact of women and girls' status in the family in all poverty-reduction policies.
- 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
- Poverty
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2015
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 54
- Paragraph text
- In 2013, Parliament passed a law on the equal rights and equal opportunities of women and men. The law reiterated the constitutional guarantee of gender equality, defined gender discrimination and contained provisions against direct and indirect discrimination. However, the law generated a great deal of social controversy and backlash because of the perception that it represented an attack on “family values”. Women’s civil society organizations became targets of harassment and protests erupted, with demonstrators calling the law “national treason”.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 2017
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (vi)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Prohibit and punish domestic violence, including incest and marital rape, and provide measures to protect women and girls who are victims of such violence, such as protection orders and shelters;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- 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. 43
- Paragraph text
- Reforming family codes is essential to establishing, in national legislation, women's equal status in marriage and the family structure. Two types of process can be observed with regard to the promotion of gender equality in family law.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 67
- Paragraph text
- Domestic violence is public as well as private in its debilitating impact on women. It can also be used directly as a form of punishment by resentful husbands or other family members against wives or female relatives who become leaders in their community.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph