Astuces de recherche
Compendium of good practices in the elimination of discrimination against women 2017, para. 86
- Paragraph text
- The Constitutional Court used its power to assess implementation of its own judgment, issuing two further orders on the rights of displaced women. In 2008, the Court handed down a decision that was considered a global pioneer in the treatment of sexual violence during internal armed conflict. It identified 10 risks that forcibly displaced women faced, including extreme risk of sexual violence, and 18 gender facets of displacement, including patterns of discrimination and violence. Accordingly, the Court ordered the Government to create and implement 13 programmes with a gender-sensitive approach, including violence prevention, the right to health and education and access to land, justice and reparations. The Court also took an intersectoral approach, highlighting heightened risks faced by girls, indigenous, black and community women leaders, and women with disabilities. The Court ordered the allocation of sufficient resources to guarantee implementation of the programmes, refusing to recognize lack of budget as valid justification for non-compliance.
- Legal status
- Non-negotiated soft 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
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Persons on the move
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 87
- Paragraph text
- In 2015, the Court issued an order declaring the persistence of failures in the assistance, protection and access to justice for women victims of sexual violence. That decision consolidated the constitutional framework to address the gendered impact of armed conflict on the forced displacement of women in the country. That protection framework — effectively transforming a government response to forced displacement using a gender perspective — is a pioneering example globally. That extraordinary achievement was partly due to the longstanding efforts by Latin American women’s movements to strengthen the capacities of the constitutional courts in the field of women’s rights.
- Legal status
- Non-negotiated soft law
- 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
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2017
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 15
- Paragraph text
- Since the introduction of the Convention, the world's political landscape has gone through substantial changes. These have been marked, variously in different regions and States, by the dismantling of long-standing totalitarian regimes, democratization and the emergence of new forms of authoritarianism. This period has also witnessed armed conflicts both between and within States, the creation of refugee populations and international involvement in conflict resolution and peacebuilding. Technological leaps in the field of information and communications, particularly the Internet, have created a new public and political space, with revolutionary impact on the development and the exercise of human rights, allowing new forms of political expression and mobilization, and facilitating political communication and organization for men and women globally.
- Legal status
- Non-negotiated soft 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
- Humanitarian
- Person(s) affected
- Persons on the move
- Women
- Year
- 2013
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 21
- Paragraph text
- In view of the broad thematic scope of its mandate, covering discrimination against women in law and in practice, the Working Group has identified four thematic areas of focus, namely, political and public life; economic and social life; family and cultural life; and health and safety. The Working Group regards violence against women and the intersection of various grounds of discrimination as cross-cutting in all of its work. It is paying particular attention to specific groups of women, including but not limited to women living in poverty, migrant women, women with disabilities, women belonging to minorities, rural and indigenous women, older women, girls, including adolescents, women in conflict and post-conflict situations, refugee women, internally displaced women and stateless women.
- Legal status
- Non-negotiated soft 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
- Humanitarian
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2012
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 89
- Paragraph text
- Women and civil society organizations responded to the Constitutional Court’s request to participate in the design and implementation of the decisions. This resulted in the collective development of indicators to monitor the 2004 order and the establishment of a working group to monitor compliance with the orders, which was essential in assessing the implementation of the decisions and in providing technical assistance for the implementation of government programmes. Civil society organizations also operated numerous programmes that provided humanitarian, legal and psychosocial support to displaced women and their families. Those organizations also used international human rights mechanisms to keep a spotlight on displaced women, and carried the topic into recent peace negotiation processes. The 2016 peace agreement addressed many of the demands in the three decisions, contributing to their sustainability.
- Legal status
- Non-negotiated soft law
- 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
- Humanitarian
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 84
- Paragraph text
- Longstanding internal armed conflict in one country in the Latin America Region has displaced more than 6 million people internally. Half of those are women, who have suffered a traumatic change in gender roles, family structure and socioeconomic and cultural standing, deepening gender and social inequalities and increasing risk of violence and gender-based discrimination. While many challenges persist, the situation faced by displaced women has improved over the past decade, largely owing to three ground-breaking decisions of the Constitutional Court, shaped by widespread citizen and civil society organization mobilization and implementation efforts.
- Legal status
- Non-negotiated soft law
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Persons on the move
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 85
- Paragraph text
- For many years, internally displaced people and civil society organizations had demanded protection measures from the Government without receiving an appropriate response. This had prompted hundreds of displaced persons to invoke the protection of the judiciary through the judicial remedy known as a tutela: a constitutionally established judicial action that citizens can bring before any judge to ensure the effective exercise of their human rights. By 2004, tribunals had received tutelas submitted by 1,150 displaced families, accumulated in a dossier by the Constitutional Court that led to a judgment declaring that the humanitarian emergency caused by forced displacement had created an unconstitutional state of affairs characterized by massive human rights violations associated with systemic failures in State assistance to displaced persons. Accordingly, the Court ordered the Government to adopt structural measures, a measure that has spawned a lengthy implementation process.
- Legal status
- Non-negotiated soft law
- 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
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 88
- Paragraph text
- The active involvement of internally displaced women and civil society organizations was essential throughout the process. Displaced women brought hundreds of tutelas before tribunals to demand their rights and participated in public hearings convened by the Constitutional Court or civil society organizations sharing their experiences and perspectives. The Court’s decisions were informed by formal submissions by such organizations, presenting experiences of women and girls forcibly displaced around the country.
- Legal status
- Non-negotiated soft law
- 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
- Humanitarian
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2017
Paragraph
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