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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 21 | Aug 19, 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2012 | ||
Compendium of good practices in the elimination of discrimination against women 2017, para. 36 | Aug 19, 2019 | Paragraph | Research overwhelmingly indicated that the presence of women in rural governance has had positive impacts on key gendered concerns, including the improvement of health services, water and sanitation facilities, and microcredit schemes for women. Issues related to discrimination and violence against women were also being addressed by women representatives. Additional research showed significant impacts on attitudinal changes and in the elimination of gender stereotypes, demonstrated in shifts in the organization of labour in households, women’s self-perception and increased societal support for girls’ education and future aspirations. These correlations increased in villages where women chairs had been elected a second time. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2017 | ||
Compendium of good practices in the elimination of discrimination against women 2017, para. 66 | Aug 19, 2019 | Paragraph | The following case study from the African region elucidates the myriad factors required to develop and maintain a good practice in addressing violence against girls, as well as the attendant impacts on the right to health, safety and access to justice, among others. The background to the case begins with a constitutional reform process undertaken with high levels of public engagement, resulting in 2010 in a robust new constitution that included strong equality provisions, the incorporation of international and regional human rights treaties and the creation of an ameliorating environment for public interest litigation. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2017 | ||
Compendium of good practices in the elimination of discrimination against women 2017, para. 67 | Aug 19, 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2017 | ||
Compendium of good practices in the elimination of discrimination against women 2017, para. 68 | Aug 19, 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2017 | ||
Compendium of good practices in the elimination of discrimination against women 2017, para. 69 | Aug 19, 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2017 | ||
Compendium of good practices in the elimination of discrimination against women 2017, para. 70 | Aug 19, 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2017 | ||
Compendium of good practices in the elimination of discrimination against women 2017, para. 71 | Aug 19, 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2017 | ||
Compendium of good practices in the elimination of discrimination against women 2017, para. 86 | Aug 19, 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2017 | ||
Compendium of good practices in the elimination of discrimination against women 2017, para. 88 | Aug 19, 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2017 | ||
Compendium of good practices in the elimination of discrimination against women 2017, para. 93 | Aug 19, 2019 | Paragraph | In one State in the Western Europe and others group, indigenous women and girls continued to be the target of racially motivated sexual and gender-based violence that began with colonization, as affirmed in a 2015 inquiry report by the Committee on the Elimination of Discrimination against Women, in which the Committee noted grave and systemic violations of indigenous women’s rights, exacerbated by entrenched discrimination that impeded access to justice. In a rural, predominantly indigenous region of the State, a series of high-profile cases, including the acquittal of federal police officers for sexual assault and the death of an indigenous man in police custody, had led to the mobilization of civil society organizations and public outcry, precipitating a government review of the police force in 2010. Local women’s organizations lobbied for inclusion in order to push for an improved response by the justice system to violence against women. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2017 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 8 | Aug 19, 2019 | Paragraph | The legal rights of women and girls to equality and non-discrimination in cultural and family life, established in 1948 by the Universal Declaration of Human Rights and by international human rights law, are often restricted in national laws and in practice, including in cultural practice. The Working Group emphasizes that, in accordance with international human rights law, States have an obligation to adopt appropriate measures with a view to eliminating all forms of discrimination against women and girls in laws, cultural practices and the family, whether perpetrated by State agents or private actors. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 13 | Aug 19, 2019 | Paragraph | The cultural construction of gender is conducive to generalized discrimination against women in all cultures. Discrimination against women and girls cannot, therefore, be considered an essentialist element, present in certain cultures and not in others. Since cultures are neither homogeneous nor unchanging, there are very significant differences between them concerning their stages of development and the extent to which the patriarchy, misogyny and practices that are harmful to women and girls exist within them. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 14 | Aug 19, 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 16 | Aug 19, 2019 | Paragraph | Culture and religion are often invoked to justify discrimination and violent practices against women and girls. Women have often been viewed as objects rather than as equal participants with men in the creation and manifestation of cultural principles. Indeed, when culture and religion are invoked to justify different forms of discrimination against women, women are seen not as victims or survivors of such discrimination, but as persons who "violate" cultural rules and norms. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 18 | Aug 19, 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 19 | Aug 19, 2019 | Paragraph | In many contexts, States fail to establish and enforce a clear legal hierarchy based on the guarantees of equality and non-discrimination set forth in international human rights law and national legislation, thus helping to maintain patriarchal modes of organization and behaviours. Even when the law is independent of any religious source, it may be strongly influenced by culture, deriving from dominant ideologies linked to religion, traditional attitudes and social norms. Some States adopt national laws and regulations that restrict the rights, power and mobility of women on the basis of essentialist points of view belonging to a particular culture or religion. Conservative religious extremist movements impose strict modesty codes in order to subjugate women and girls in the name of religion, particularly in situations of political transition or conflict. For example, some branches of Islam have reintroduced forced and/or early marriage and some branches of Christianity prevent women from having access to therapeutic abortion. Religious extremism limits women's rights, including their right to health and economic activity, and they are generally subject to harsh sanctions for crimes committed against the patriarchy, such as adultery. At the international level, many States justify their reservations to articles of several human rights conventions, including the Convention on the Elimination of All Forms of Discrimination against Women, in the name of preserving their cultures and religions. Human Rights Council resolutions 16/3 on promoting human rights and fundamental freedoms through a better understanding of traditional values of humankind and 26/11 on the protection of the family threaten to undermine international achievements in the field of human rights in the name of cultural and religious diversity. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 20 | Aug 19, 2019 | Paragraph | The Working Group is concerned about the considerable increase in laws and public policies developed to protect culture and religion that threaten the universally established standards on the rights of women. Gender-based stereotypes, often strengthened and legitimized in national constitutions, laws and policies, are justified in the name of cultural norms or religious beliefs. Failure to eliminate these stereotypes leads to the generalization of practices that are harmful to women and girls. The sexist stereotypes present in the media, on the Internet, in audiovisual productions and in video games contribute to the perpetuation of a culture of discrimination and violence against women. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 26 | Aug 19, 2019 | Paragraph | However, not all forms of marriage deserve recognition. The Working Group calls for the non-recognition of those forms that discriminate against women and/or fail to ensure equality and justice for women, whatever the legal system, religion, custom or tradition. This refers to, among others, early and/or forced marriage, temporary marriage and polygamy. The Committee on the Elimination of Discrimination against Women and the Human Rights Committee have recommended that States should prohibit polygamy on the grounds that it contravenes women's right to equality with men and can have serious emotional and financial consequences for women and their dependants. However, there are national civil codes that legalize polygamous marriage, early and/or forced marriage and temporary marriage. The Working Group advocates the repeal of these codes. Among the countries that deem such marriages to discriminate against women and girls, some consider them void and others merely voidable. In all cases, the legal solution must protect the rights of women and girls, who remain the victims of these harmful marriages. Their rights to subsistence, to property, including land and inheritance, to a place of residence, to custody of children and to remarry must be guaranteed. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 27 | Aug 19, 2019 | Paragraph | The Committee on the Elimination of Discrimination against Women has recommended the prohibition and annulment of these marriages, which violate the dignity of women, and calls for safeguards and guarantees to protect the rights of women and girls living in such families. Invalidating an early marriage protects the minor spouses by restoring their single status so that they are deemed never to have been married, rather than divorced, and by cancelling all financial or property transactions linked to the marriage. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 28 | Aug 19, 2019 | Paragraph | All legal definitions of the family should include the right to equality, de jure and de facto, of women and girls within the family. Full equality between women and men, and girls and boys, is a requirement of international human rights law and constitutes a right of women that is vital for the well-being of the family and for society as a whole. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 30 | Aug 19, 2019 | Paragraph | When the rules governing family relations discriminate against women, they violate international human rights law. Furthermore, considerations linked to protecting and strengthening the family may not be invoked to justify forms of family that do not meet the requirement for equality between men and women and girls and boys. The lack of equality in these forms of marriage leads women and girls to experience discrimination, making them vulnerable to domestic violence. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 31 | Aug 19, 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 32 | Aug 19, 2019 | Paragraph | The Human Rights Council, however, in its resolution 26/11 on the protection of the family, did not reaffirm the right of women to equality in the family. In October 2014, the special procedures mandate holders issued a statement calling on the Council to ensure that the right to equality between women and men, and girls and boys, was included in all future resolutions concerning the family. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 34 | Aug 19, 2019 | Paragraph | The role of women in the family has generally been under patriarchal control in cultures and religions that subject women and girls to forced and/or early marriage and discrimination in a number of areas of family life, such as consent to enter into marriage, dowry obligations, the right to possess and manage property, sexual relations, requirements regarding modesty and freedom of movement, guardianship and custody of children, divorce and division of matrimonial assets, the punishment of adultery, the right to remarry following dissolution of the marriage or death of the husband, the status of widows and inheritance. In addition, women and girls are generally not treated equally in families with regard to the division of rights and responsibilities. Discrimination against women and girls in the family and in marriage affects all aspects of their lives. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 38 | Aug 19, 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 46 | Aug 19, 2019 | Paragraph | In some secular family law systems, elements of discrimination remain, for example a lower legal minimum age for marriage for girls and discriminatory provisions on inheritance rights, divorce and recognition of same-sex couples. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 64 | Aug 19, 2019 | Paragraph | The State must refrain from adopting laws, policies, measures or regulations that discriminate directly or indirectly against women and girls and must ensure that its officials, and private actors, respect this obligation in all contexts, including those situations where women are most vulnerable (as refugees, migrants or stateless persons, for example). | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 65 | Aug 19, 2019 | Paragraph | The obligation of the State to protect women and girls' right to equality in the family compels the authorities to prevent discrimination by private actors. Due diligence as a principle of State action should result in a global model of prevention, protection, prosecution, punishment and redress for acts of discrimination and violence against women in cultural and family life. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 70 | Aug 19, 2019 | Paragraph | Ensuring access to justice for women and girls who have suffered discrimination within the family or in cultural life is part of the State obligation to protect and respect their right to equality. This access must be guaranteed at the legislative and institutional levels. This means, for example, revising all additional laws that affect family and personal status matters, a process in which women must be involved. Also concerned are auxiliary regulations, including special measures adopted, where necessary, in such areas as taxation, social security, retirement benefits, survivors' benefits, rights relating to nationality and the right to family reunification, to ensure women and girls' de facto equality in the various types of family. Women must take part in the formulation and interpretation of national laws, including those relating to family affairs. At the institutional level, they must be involved, on an equal footing, in policy development and judicial bodies so as to ensure that the principle of equality is effectively applied and that decisions handed down demonstrate respect for gender equality. Improving access to justice for women also requires gender-equality training for State authorities and non-State officials responsible for law enforcement, social services and education and for medical and forensic personnel. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 |