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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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Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (viii) | Aug 19, 2019 | Paragraph | [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; | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2015 | ||
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 13 | Aug 19, 2019 | Paragraph | For legal guarantees of gender equality to benefit all women, implementation frameworks and strategies must be responsive to the intersections of sex-based discrimination with other grounds of discrimination, such as race, ethnicity, religion or belief, language, political affiliation, health, status, age, class, caste, national or social origin, property, birth, and sexual orientation and gender identity. Legal guarantees and implementation frameworks and strategies must also integrate special measures to reach women who face multiple forms of discrimination, such as rural and indigenous women, women with disabilities, women living in poverty and women facing other forms of marginalization. This requires a comprehensive and coherent human rights-based approach that ensures that women are at the centre of efforts to hold principally States accountable for implementing international standards guaranteeing civil, cultural, economic, political and social rights. National, regional and international human rights mechanisms play critical roles in ensuring the full 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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| 2012 | ||
Compendium of good practices in the elimination of discrimination against women 2017, para. 99 | Aug 19, 2019 | Paragraph | Measures involving groups of women who experience intersectional discrimination, such as indigenous women, must be developed in accordance with an intersectional, gender-sensitive human rights perspective and engage with women as stakeholders. | 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. 96 | Aug 19, 2019 | Paragraph | The protocol is reviewed and adjusted annually by both parties to take into account challenges and shifting needs, ensuring ongoing responsivity to community concerns. Successes of the project have been shared with other women’s organizations, and a similar protocol has been subsequently adopted with the federal police force in the largest city in the region. Discussions are under way in other indigenous communities to press for similar protocols. | 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. 94 | Aug 19, 2019 | Paragraph | In that context, an indigenous women’s organization in a small community initiated a protocol with the local federal police force that mandated: ongoing engagement, including police training and capacity-building, to address the interrelated phenomena of violence directed towards indigenous women and lack of due diligence in investigating crimes; open dialogue sessions to promote cultural awareness; and community-police feedback and knowledge-sharing sessions, during which information on the justice system and community rights would be offered. | 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. 58 | Aug 19, 2019 | Paragraph | Affirming the primacy of international human rights law and constitutional laws over religious, customary and indigenous laws is a key step towards ensuring women's emancipation and autonomy. Customary, religious and indigenous laws and provisions on family affairs must be consistent with the constitutional norms on equality. To ensure more effective application of the principle of equality, State monitoring and oversight bodies must be put in place, as has been done in Canada, Colombia and South Africa. | 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. 55 | Aug 19, 2019 | Paragraph | Legal pluralism is formal when the State, through its constitution, laws or judicial decisions, has granted authority to a religious, indigenous or customary court, tribunal or arbitrator to exercise jurisdiction over personal status matters for women. Such systems are generally recognized in State legislation and some are regulated by the State, which may establish appeals procedures, ensure compliance with State legislation or even provide financial or material support. | 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 political and public life with a focus on political transition 2013, para. 51 | Aug 19, 2019 | Paragraph | The delegation of political or public power to religious institutions or indigenous communities that are exempt from the requirement to include women in their leadership and decision-making bodies cancels women's right to participate in significant aspects of public and political life; in such cases, the boundaries of women's rights are defined unilaterally by decision-makers of patriarchal social orders. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2013 | ||
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 49 | Aug 19, 2019 | Paragraph | In the negotiation of political settlements during political transitions or in law reform, the inclusion of women's civil society organizations and women leaders or spokespersons from sectoral or minority communities is crucial to ensure the equal benefit of reform to all citizens. As political transitions do not always lead to inclusive democracy, the empowerment of autonomous women's movements is of equal priority to the process of state-building and the reform of political institutions. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2013 | ||
Compendium of good practices in the elimination of discrimination against women 2017, para. 97 | Aug 19, 2019 | Paragraph | The bottom-up approach of the practice, which was developed at the impetus of women’s organizations — while demonstrative of the innovative means used by the community to address the structural reality of the situation of violence and discrimination in which they live — has raised the question as to why grave and well-documented human rights violations have not been addressed on a systematic or institutional level within the federal police and Government. Political will to support, expand and institutionalize this good practice is required for its replication and sustainability. In all post- and ongoing colonial contexts, the disproportionate and intersectional discrimination faced by indigenous women, often aided and abetted by legal systems, must be systematically addressed by State duty holders. | 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 | ||
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 | ||
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73a (iv) | Aug 19, 2019 | Paragraph | [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: (iv) Develop effective mechanisms to combat the multiple and intersecting forms of discrimination suffered by all marginalized women, including minority women, women living in poverty, women with disabilities, refugee and displaced women, migrant and immigrant women, rural women, indigenous women, older women and single 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. 73a (i) | Aug 19, 2019 | Paragraph | [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; | 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. 63 | Aug 19, 2019 | Paragraph | The State has a direct obligation to protect and respect women's right to equality in all the forms of family law considered above. It is held responsible for any breach of its obligations, including in cases where it has, through its constitution, laws or judicial decisions, assigned jurisdiction over family law matters to a religious, indigenous or customary court, tribunal or authority. Moreover, the State has an obligation to exercise due diligence to guarantee and protect women's right to equality in informal plural legal systems. | 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. 57 | Aug 19, 2019 | Paragraph | The right to appeal, before the State courts, discriminatory decisions of indigenous courts, tribunals or arbitrators is another good practice. The commitment of indigenous women in some countries, such as Mexico and Ecuador, to securing State recognition of parallel systems has enabled them to challenge, in the State system, the discrimination they suffered in indigenous legal systems. Women's participation as legal arbitrators, and also as lawmakers, is needed to draw attention to discrimination and to sensitive subjects such as rape or domestic violence, most victims of which are 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. 56 | Aug 19, 2019 | Paragraph | Good practice in protecting women's right to equality in formal plural legal systems takes several forms. The adoption of constitutional laws that require autonomous courts, tribunals or arbitrators to respect women's right to equality in terms of both women's representation in justice systems and the formulation and application of procedural and substantive rules is a good practice implemented in several States. Since the 1980s, 11 Latin American States have formally recognized indigenous laws and courts in their constitutional laws, requiring the legal systems of indigenous communities to respect and enforce women's rights. | 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 political and public life with a focus on political transition 2013, para. 97b | Aug 19, 2019 | Paragraph | [The Working Group recommends that States:] Create the enabling conditions for public recognition and acceptance for women in positions of leadership and decision-making through public campaigns and educational programmes which are responsive to multicultural settings, including by:
(i) Giving recognition to the diversity of women's engagements in political and public life;
(ii) Providing a positive image of diverse women, including minority women, indigenous women, women with disabilities, and other historically marginalized women, in leadership and decision-making positions;
(iii) Providing youth and children with a wide range of relevant role models and career paths for women, including through mentoring programmes for young women's participation in political and public life; | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2013 | ||
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 82 | Aug 19, 2019 | Paragraph | Effective constitutions for gender equality and non-discrimination provide clarity in a hierarchy of competing laws, legal provisions which establish compliance with universal standards of human rights, and coherence throughout national legal frameworks. There are good practices to be found in different regions, where recognition of the autonomy of customary or indigenous communities is nevertheless subject to the requirement that they respect women's human rights. For instance, in the sub-Saharan region, one constitutional provision mandates that "laws, cultures, customs and traditions which are against the dignity, welfare or interest of women or any other marginalised group … or which undermine their status, are prohibited by this Constitution", and in Latin America and the Caribbean one constitution provides far-reaching recognition of both gender equality and indigenous rights, guaranteeing women's participation and decision-making in indigenous governance and justice systems. | Working Group on the issue of discrimination against women in law and practice | Special Procedures' report |
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| 2013 |
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