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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
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 82a
- Paragraph text
- [In terms of durable solutions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure that child victims have the right to receive long-term care and protection, including full access to health care, psychosocial support, social services, education, vocational training and life skills education. In consultation with the child and in coordination with the local child welfare systems, an individual plan should be adopted, and arrangements need to be found that favour family- and community-based solutions;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 82b
- Paragraph text
- [In terms of durable solutions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure that, in the child’s best interests, sufficient resources are allocated to the family reunification procedures to ensure the operational capacity to carry out evaluations in a reasonable time and reduce the overall length of the process; and adopt a broad interpretation of family, taking into consideration cultural differences and the best interests of the child;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
SRSG on violence against children: Annual report 2017, para. 99
- Paragraph text
- But beyond the impact on individual victims and their families, violence is associated with far-reaching costs for society. It diverts billions of dollars from social spending, slowing economic development and eroding States' human and social capital.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Social & Cultural Rights
- Violence
- Person(s) affected
- Families
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 95d
- Paragraph text
- [At the national level] [The Special Rapporteur invites all States to:] Strengthen and invest more in effective national child protection systems, inter alia, by increasing support to vulnerable families, by providing alternative childcare measures in which adoption and in particular intercountry adoption respect the principle of subsidiarity and ensure the best interests of the child and by establishing adequate birth registration mechanisms;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 95g
- Paragraph text
- [At the national level] [The Special Rapporteur invites all States to:] Take particular care in the use of adoption orders to establish a parent-child relationship in cases of international commercial surrogacy, and ensure that the adoption order is consistent with the child's rights and best interests, in order to avoid the illegal adoption of children born through international commercial surrogacy;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 91
- Paragraph text
- Illegal adoptions, namely adoptions that are the result of crimes such as the abduction and sale of and the trafficking in children or that are processed through the commission of other illegal acts or illicit practices such as the lack of proper consent of biological parents, fraud and improper financial gain, violate multiple child rights norms and principles, including the best interests of the child.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 96c
- Paragraph text
- [At the national level] [At the national level] [Specifically in respect of intercountry adoptions:] Governments should increase awareness of the need to bring the number of approvals of prospective adoptive parents into line with the projected number of adoptees, adopt stricter criteria for approval and provide more complete information, including on mechanisms available to report and denounce illicit practices, and better counselling and compulsory preparation for prospective adoptive parents by receiving countries;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Movement
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 95j
- Paragraph text
- [At the national level] [The Special Rapporteur invites all States to:] Ensure the right to information about one's origins and access to information about the rights of victims of illegal adoptions, and facilitate the work of victims' organizations in that respect, including in terms of helping them to trace biological parents and children;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 95h
- Paragraph text
- [At the national level] [The Special Rapporteur invites all States to:] Establish and implement standardized information systems to obtain and share accurate and reliable data on domestic and intercountry adoptions, on children subject to adoption and on their family and background;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Rights of rural women 2016, para. 33
- Paragraph text
- States parties should harmonize personal status and family laws with article 16, in line with general recommendations No. 21 (1994) on equality in marriage and family relations and No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution, guarantee that rural women have equal rights in marriage, including to marital property upon divorce or death of their spouse and to maintenance or alimony, and raise awareness of women's rights within marriage in rural areas.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 74a
- Paragraph text
- [With regard to harmful practices, the Special Rapporteur calls upon States to:] Remove the defence of "honour" and other mitigating factors in prosecuting victims' relatives; and engage in community outreach and public education campaigns to raise public awareness about honour-based crimes;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2016
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 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. 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
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. 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. 71
- Paragraph text
- The cultural construction of gender makes women's subjection to gender-based discrimination and violence appear to be inherent and immutable. The patriarchal family is the product of this construction and the most important social mechanism for its perpetuation. Women and girls' human potential is restricted in families. The recognition that women's rights are human rights and that they are universal and indivisible has laid bare the adverse impact of this gender construction on women and girls in families and communities. The need for a paradigm shift has been clearly set out in international human rights law, which, since 1948, has established women's right to equality in all spheres of life, in culture and in the family. As Eleanor Roosevelt said as far back as 1958: "Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world. […] Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere."
- 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
Women’s access to justice 2015, para. 46c
- Paragraph text
- [The Committee recommends that States parties:] In settings in which there is no unified family code and in which there exist multiple family law systems, such as civil, indigenous, religious and customary law systems, ensure that personal status laws provide for individual choice as to the applicable family law at any stage of the relationship. State courts should review the decisions taken by all other bodies in that regard.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Families
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 46a
- Paragraph text
- [The Committee recommends that States parties:] Adopt written family codes or personal status laws that provide for equal access to justice between spouses or partners irrespective of their religious or ethnic identity or community, in accordance with the Convention and the Committee's general recommendations;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 46b
- Paragraph text
- [The Committee recommends that States parties:] Consider the creation, within the same institutional framework, of gender-sensitive family judicial or quasi-judicial mechanisms to deal with issues such as property settlement, land rights, inheritance, dissolution of marriage and child custody; and
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- 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 (viii)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: In countries where several legal systems coexist, establish and implement national mechanisms to ensure the effective implementation of guarantees of equality and non-discrimination between men and women in all areas and at all levels, offering women, especially rural and indigenous women, the possibility of removing themselves from the arbitral authority and jurisdiction of customary institutions. Bring parallel customary, religious and indigenous law systems into line with international human rights law, particularly in respect of gender equality, while acknowledging the importance of the wealth and diversity of culture and traditions. Grant women the right to appeal, in State courts, decisions of religious, customary or indigenous authorities, whether formal or informal, that have violated their right to equality;
- 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
Reflection on a 6-year tenure as Special Rapporteur on the sale of children, child prostitution and child pornography 2014, para. 118e
- Paragraph text
- [The Special Rapporteur invites all States to accelerate efforts towards comprehensive and child rights-centred protection systems, in order to create:] Social protection policies and family strengthening programmes;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2014
Paragraph
Unpaid care work and women's human rights 2013, para. 70
- Paragraph text
- Public policies should position care as a social and collective responsibility rather than an individual problem, and treat unpaid caregivers and those they care for as rights holders. A transformative approach is clearly required under human rights law, including tackling gender stereotypes and traditional roles. In order to move effectively towards this, State policies must recognize and value the importance of unpaid care, but without reinforcing care work as women's sole responsibility or supporting particular models of the family to the exclusion of others.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 122d
- Paragraph text
- [To that end, the Special Rapporteur recommends the following actions:] Strengthen families and reinforce their capacity to prevent the sale and sexual exploitation of children, putting in place a range of measures aimed at offering quality services, parenting support and social protection, in order to help families to overcome the difficulties they may be facing and to ensure that they receive adequate assistance to fulfil their child-rearing responsibilities;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2013
Paragraph
Child participation 2012, para. 101e
- Paragraph text
- [A mapping and assessment of child participation must be carried out, in accordance with the relevant principles and standards, with a view to identifying the remaining achievements and gaps. The mapping process must involve all the principal stakeholders in child protection (public and private sectors, national human rights institutions, non-governmental organizations), including children and communities, with a view to ensuring effective and sustainable child participation. If necessary, legislative changes should be introduced to protect and promote child participation rights in order:] To establish and maintain a child-friendly and enabling environment that ensures protection and safety, and to design and implement awareness-raising programmes targeting adults (parents, caregivers, professionals and policymakers) with a view to changing social perceptions and promoting child participation in families, schools, institutions, communities and policymaking spaces;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2012
Paragraph
Child participation 2012, para. 101a
- Paragraph text
- [A mapping and assessment of child participation must be carried out, in accordance with the relevant principles and standards, with a view to identifying the remaining achievements and gaps. The mapping process must involve all the principal stakeholders in child protection (public and private sectors, national human rights institutions, non-governmental organizations), including children and communities, with a view to ensuring effective and sustainable child participation. If necessary, legislative changes should be introduced to protect and promote child participation rights in order:] To establish a legal framework in compliance with international standards: legislation must ensure that children can express their views freely in all matters affecting them, in general terms and in particular settings, such as within the family, education, alternative care, health care, custody and in all judicial and administrative proceedings affecting them;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2012
Paragraph
Protection of children from sale and sexual exploitation following humanitarian crisis due to natural disasters 2012, para. 132
- Paragraph text
- Follow-up activities should be undertaken to monitor the impact of family reunification and ensure the well-being and delivery of care to children in alternative care settings. Follow-up should be conducted by local, qualified, child-welfare systems or community structures.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2012
Paragraph
Protection of children from sale and sexual exploitation following humanitarian crisis due to natural disasters 2012, para. 120
- Paragraph text
- Prevention of accidental separation should be promoted by governments, donors, staff of national and international agencies, faith-based groups and communities. Families should be encouraged to develop a strategy for reunification in case of separation (such as the identification of a designated meeting point).
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2012
Paragraph
Protection of children from sale and sexual exploitation following humanitarian crisis due to natural disasters 2012, para. 129
- Paragraph text
- In adoption processes, priority should be given to relatives or to individuals within the child's community or culture. International adoption should only be undertaken as a last resort and in compliance with the 1993 Hague Convention on Inter-Country Adoption. Consideration should be given to a ban on removal of unaccompanied and separated children without explicit Government permission, except when undertaken for emergency medical treatment.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2012
Paragraph