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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. 19c | Aug 19, 2019 | Paragraph | [The Working Group will examine:] (c) The extent to which States have met the obligation to fulfil women's rights to equality and to the exercise and fulfilment by women of human rights and fundamental freedoms. This will involve the identification of the variety of measures and steps taken by States to implement equality laws and to prevent the application of gender-neutral laws in a way that has a discriminatory impact on women. Special attention will be given to programmatic and institutional frameworks aimed at fulfilling the specific needs of women, including through specialized national mechanisms and machineries on women's human rights, and through the thorough and consistent compilation of sex-disaggregated data. The examination of good practices for this purpose would include temporary special measures, measures for the accommodation of maternity, and measures to prevent, prosecute, punish, and provide redress in relation to violations of women's human rights, including through transitional justice processes. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 25 | Aug 19, 2019 | Paragraph | The Working Group is guided by articles 4, 7, 8 and 9 of the Convention on the Elimination of All Forms of Discrimination against Women, as well as the Committee on the Elimination of Discrimination against Women's general recommendation No. 23 (1997), in which the Committee states: The political and public life of a country is a broad concept. It refers to the exercise of political power, in particular the exercise of legislative, judicial, executive and administrative powers. The term covers all aspects of public administration and the formulation and implementation of policy at the international, national, regional and local levels. The concept also includes many aspects of civil society, including public boards and local councils and the activities of organizations such as political parties, trade unions, professional or industry associations, women's organizations, community-based organizations and other organizations concerned with public and political life. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 27 | Aug 19, 2019 | Paragraph | In relation to its focus on times of political transition, the Working Group will look at countries that are presently going through processes of political transition, as well as countries with lessons learned from past political transitions, particularly since the entry into force of the Convention on the Elimination of All Forms of Discrimination against Women in 1981. The Working Group is attentive to the fact that while political transitions provide a unique opportunity to improve respect for women's civil and political rights, including their participation in the political system, and women's status in the legal and social systems, there is also a danger of regression on women's human rights. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 29 | Aug 19, 2019 | Paragraph | The Working Group intends to examine measures taken by States in political transition to improve women's constitutional and political position and their status in society and protect them from all forms of violence. It recognizes the agency of women, including as conducted through international and regional institutions and networks, in influencing positive change at the national level. Recommendations will be made on improving legislation and the implementation of laws to empower women and to secure women's right to a full and equal political and public life. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 30 | Aug 19, 2019 | Paragraph | In order to develop its research on this thematic priority, the Working Group sent letters to all States Members of the United Nations on 8 December 2011 seeking information on: constitutional and other legislative initiatives and reforms put in place to promote women's rights and gender equality; the framework of State institutions, machineries and mechanisms to implement actions in order to fight against all forms of discrimination and violence against women; women's political participation, on equal terms with men, in the transitional and post-transitional process at all levels of decision-making; and women's access to justice, including transitional justice mechanisms. The Working Group takes this opportunity to thank the 40 States that had responded to the call for information at the time of submission of the document. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 57 | Aug 19, 2019 | Paragraph | In its one year of existence, the Working Group has developed and refined its methods of work, articulated its substantive priorities and developed a plan for implementing its tasks. Given the breadth of its mandate, covering discrimination against women in law and in practice in all fields, the Working Group is focusing on two priority themes in 2012 and 2013, namely, discrimination against women in law and in practice in the contexts of political and public life and of economic and social life. The Working Group is looking at the impact of political transitions and the economic crisis on the enjoyment by women of their human rights. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 58 | Aug 19, 2019 | Paragraph | The Working Group is aiming to respond to the expectations placed on it by numerous individuals and organizations in relation to issues of discrimination against women. It is communicating with Governments on various issues within its mandate and is undertaking outreach and partnerships with a range of stakeholders to both inform and support its own work and ensure that its outputs catalyse further actions by stakeholders. It looks forward to continuing this engagement with all stakeholders and to responding to issues addressed to it on discrimination against women in law and in practice. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 5 | Aug 19, 2019 | Paragraph | In September 1995, at the Fourth World Conference on Women in Beijing, participating Governments adopted the Beijing Declaration, by which they reaffirmed their fundamental commitment to "the equal rights and inherent human dignity of women and men" (para. 8) and stated unequivocally that "women's rights are human rights" (para. 14). They also adopted the Beijing Platform for Action, in which they pledged to ensure equality and non-discrimination under the law and in practice (strategic objective I.1), and, more specifically, to "revoke any remaining laws that discriminate on the basis of sex and remove gender bias in the administration of justice" (para. 232 (d)). In 2000, during the five-year review and appraisal of the implementation of the Beijing Declaration and Platform for Action by the General Assembly at its twenty-third special session, Governments committed to reviewing legislation with a view to striving to remove discriminatory provisions against women, preferably by 2005. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 7 | Aug 19, 2019 | Paragraph | In its resolution 12/17 of 2 October 2009, the Human Rights Council requested the High Commissioner for Human Rights to prepare a thematic study on discrimination against women in law and in practice and on how the issue was being addressed throughout the United Nations human rights system. The request represented a continuation of the commitment made during the World Conference on Human Rights, held in Vienna in 1993, to integrate women's human rights into the overall human rights system. The report (A/HRC/15/40) was presented to the Council at its fifteenth session in September 2010 and discussed during an interactive plenary panel debate. In the report, the High Commissioner concluded that, notwithstanding the work undertaken by United Nations human rights mechanisms, further measures were required to eliminate de jure and de facto inequalities (para. 63). One of the proposed measures was the establishment of a new special procedure of the Human Rights Council that would focus on laws and practices that discriminate against women (para. 57). | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 8 | Aug 19, 2019 | Paragraph | The Human Rights Council adopted, without a vote, resolution 15/23, which established the mandate of the Working Group on the issue of discrimination against women in law and in practice during its fifteenth session, on 1 October 2010. It is the second special procedure of the Human Rights Council dedicated to addressing women's human rights, complementing the mandate of the Special Rapporteur on violence against women, its causes and consequences, which was established in 1994 immediately following the World Conference on Human Rights. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 10 | Aug 19, 2019 | Paragraph | In more than two decades of democratization projects worldwide, beginning with the breakdown of Latin American authoritarian regimes and the fall of the Berlin Wall up to the Arab Spring in the Middle East and North Africa today, a wide range of efforts by States, citizens and organizations to address discrimination against women have been made as integral parts of bold and historic processes of the renewal of whole nations and regions. In other contexts, breakthroughs in law and practice occur as part of the responsiveness and accountability of States to an active citizenry committed to equality, non-discrimination and human rights for all women and men. The success or failure of efforts to effectively eliminate discrimination against women depends on how securely they are located within genuine processes of social and political transformation. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 12 | Aug 19, 2019 | Paragraph | Progress is not linear, however, and new political openings can bring about backlash, reverse advances and produce new forms of discriminatory laws and practices. Complex national reforms can result in contradictory laws and policies, between national/federal and subnational/local levels, across different regions of the country, and among sectors of social and economic life. Good practices in eliminating discrimination against women in law and in practice include the ability to overcome backlash or backsliding and establish grounds for the sustainability of achievements in substantive equality. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 17 | Aug 19, 2019 | Paragraph | The Working Group has decided to address the elimination of discrimination against women in law and in practice in all fields and from the perspective of States' obligations to respect, protect and fulfil women's human rights. In view of the work being carried out by international and regional human rights bodies and other special procedure mandate holders, the Working Group agreed that it would build on existing standards and initiatives, as well as on the available knowledge and tools produced to date by States, United Nations bodies, and civil society on the subject. Pursuant to paragraph 18 (d) of Human Rights Council resolution 15/23, the Working Group aims to draw on and reinforce the work of the Commission on the Status of Women, the Committee on the Elimination of Discrimination against Women and other United Nations bodies on the issue of eliminating all forms of discrimination against women. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 19a | Aug 19, 2019 | Paragraph | [The Working Group will examine:] (a) The extent to which States have met the obligation to respect women's rights to equality and to the exercise and fulfilment by women of human rights and fundamental freedoms. This will involve surveying existing and newly introduced discriminatory laws and practices. The Working Group will pay special attention to the direct or indirect inclusion of discriminatory provisions in legislation or case law that apply discriminatory interpretations of statutory, customary, religious or deontological regulations. The Working Group will compile good practices in the elimination of laws and regulations that are both directly and indirectly discriminatory to women. The examination of good practices for this purpose would include constitutional amendments, judicial review, legislative reform, litigation and case law, policy and institutional reform, independent human rights monitoring, political action, and religious or cultural hermeneutic projects; | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 46 | Aug 19, 2019 | Paragraph | Women's participation in political and public life remains dynamic, multifaceted, and resilient, including in gaining access to power through alternative structures, as recognized in the Beijing Declaration and Platform for Action. Even as the glass ceiling in formal political institutions stays mostly intact, women actively open new spaces for discourse, build networks across long-standing divides and create new communities of engagement. Through the autonomous movements they build at the local to global levels, women's political engagements develop across formal administrative boundaries and are transnational in reach based on the universality of women's right to equality, challenging unequal power relations, demanding accountability, defending rights and achievements, and advocating for systemic and cultural change in societies, institutions and States. Women's autonomous civil society organizations are crucial to women's participation in public and political life. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 50 | Aug 19, 2019 | Paragraph | The democratic deficit undermines women's substantive participation in political and public life. Patronage politics, corruption, and undemocratic local government reduce women's effectiveness in the political arena, as they prevent transparency and accountability in decision-making and in the distribution of resources. Gender discriminatory policies and regulations have been applied by autonomous local governments even when national or federal laws mandate gender equality. Empowering women's participation in political and public life from the community level up helps build a culture of accountability, as it broadens the constituency for democratic decision-making, and is crucial to the effective application of good governance at all levels. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 15 | Aug 19, 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 16 | Aug 19, 2019 | Paragraph | At the same time, international commitment to fulfilling women's equal right to political participation has grown substantially. The 1993 World Conference on Human Rights and its outcome document, the Vienna Declaration and Programme of Action, whose twentieth anniversary is being commemorated in 2013, gave recognition to women's rights as human rights. In 1995, the Fourth World Conference on Women and its outcome document, the Beijing Declaration and Platform for Action, became the catalyst for governments around the world to introduce special measures, such as quotas for women's political representation, and propelled the doubling of the global average of such representation in less than two decades. Further, the Security Council made an historic breakthrough in 2000 when it adopted its resolution 1325 (2000), with a view to enhancing the role of women and the gender perspective in conflict resolution and peacebuilding. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 22 | Aug 19, 2019 | Paragraph | In the judicial branch, women account for only 27 per cent of judges worldwide. There is wide divergence among States as regards the numbers of women in the judiciary, with some States in the Eastern European region having a majority of women judges. Even in countries that have a higher representation of women in the judiciary, the numbers of women decrease at higher levels. There are few women in the highest courts, including supreme courts, and rarely are the presidents women. In most religious courts women are excluded from holding office. There is, however, good practice in the Asia-Pacific region: in one country, women judges have been part of the religious courts since the institution was created in the 1950s, reaching a participation rate of 20 per cent in 2011; in another, female judges were appointed to the Sharia court pursuant to the removal of its reservation to article 7 (b) of the Convention. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 26 | Aug 19, 2019 | Paragraph | The focus of the Working Group on political transition has been carried out through its communications, country visits and regional and global expert input. Experience in countries in transition has varied greatly. In the Russian Federation and Eastern Europe during the 1990s, as in some of the recent political transitions in the Middle East and North Africa, there was backsliding on key gains for gender equality and/or the numerical representation of women was reduced. In contrast, in some political transitions in various countries in many regions, the introduction of quotas facilitated a significant rise in representation of women, producing, for instance in sub-Saharan Africa, some of the highest percentages of women members of parliament. Good practice in these States included the active engagement with the international community in the peacebuilding process and an emphasis on democracy, human rights and women's rights as human rights. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 27 | Aug 19, 2019 | Paragraph | The Working Group observes that the impact of political transitions on gender equality in public and political life is inherently related not only to the nature of regime change but also to the political will of the incoming Government to guarantee women's human rights, including the right to equal representation, and requires a responsive political leadership with respect to gender equality concerns, including as raised by autonomous women's movements. The Working Group notes the urgency for women's equal and full participation in peace negotiations and in decision-making in all transitional authorities, mechanisms and processes. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 29 | Aug 19, 2019 | Paragraph | Democracy and human rights are mutually reinforcing. Women's rights are human rights and hence are an integral element of the democracy and human rights axis. The General Assembly, in its resolution 59/201 (para. 1), declared the "essential elements of democracy" to consist of respect for human rights and fundamental freedoms, inter alia, freedom of association and peaceful assembly and of expression and opinion; the right to take part in the conduct of public affairs, directly or through freely chosen representatives; to vote and to be a candidate in free elections by universal and equal suffrage; a pluralistic system of political parties and organizations; respect for the rule of law; the separation of powers; the independence of the judiciary; transparency and accountability in public administration; and free, independent and pluralistic media. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 41 | Aug 19, 2019 | Paragraph | Effective political participation of women requires not only admission to political institutions but also integration into their decision-making forums. Women's full participation requires concerted action to overcome the de facto segregation of women's political participation in sectors which are stereotypically associated with women's gender roles. It requires that women be integrated into positions with decision-making power across the spectrum of issues dealt with by the institutions to which they have been elected or appointed. During political transitions, the same applies to all transitional authorities and mechanisms. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 56 | Aug 19, 2019 | Paragraph | While women are situated in different locations, each with distinct vulnerabilities and assets, their participation in political and public life is commonly constrained by structural and societal discrimination in the family, in caregiving responsibilities, in violence against women, and marginalization by political parties and other non-State public institutions. The obligation of States to remove these barriers is clearly mandated in article 2 (f) of the Convention and has been repeatedly advocated by the Committee on the Elimination of Discrimination against Women. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 57 | Aug 19, 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 61 | Aug 19, 2019 | Paragraph | 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. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 80 | Aug 19, 2019 | Paragraph | Model examples of constitutional design can be found in recent constitutions in different regions. Since 1981, in many countries in the Western region, constitutions have been amended to include provisions permitting the use of temporary special measures to promote the participation of women in political and public life. One recently established constitution in the Maghreb confers systematically, throughout its provisions, constitutional rights expressly on women as well as men, and seeks to ensure parity between them; in Latin America and the Caribbean there is a constitution which contains approximately 34 references to the rights of women, including the right to political participation. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 91 | Aug 19, 2019 | Paragraph | However, there are no international standards for NHRIs to integrate gender and women's rights into their work, resulting in the uneven responsiveness of NHRIs to the specific protection needs of women in political and public life, including women human rights defenders and female politicians at the local level. Specialized NHRIs on women's human rights exist in some countries, but no mechanism guarantees coordination between specialized and the main national human rights bodies, resulting in serious gaps and the risk of fragmented national human rights systems. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 95 | Aug 19, 2019 | Paragraph | Women's capacity for equal participation in all aspects of political and public life depends on a coherent set of social and economic policies directed at the family, workplace and marketplace. It also requires their capacity to engage in complex issues such as peace and security, state-building, and extreme poverty and all forms of social exclusion. Positive action is needed to empower women to produce knowledge and engage actively and creatively in these fields. As women act collectively to overcome the structural barriers they face, sustainable access of these groups or communities to adequate resources, including financial, is critical. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 96 | Aug 19, 2019 | Paragraph | The right mix of special measures, both temporary and permanent, is required to address reported stagnation in the rise in women's participation in public office. Partial and selective application of gender quotas and other temporary special measures must be replaced by a comprehensive system-wide approach, in permanent as well as ad hoc institutions of governance, peace, development and human rights, at the local, national and global levels. The emerging framework for global governance of information and communications technologies (ICTs) is particularly important, considering the crucial role that ICTs are playing in the political and public life of women. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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