Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

The Inter-Parliamentary Union (IPU), in its 2013 Plan of Action for Gender-sensitive Parliaments, has drawn attention to the need for gender sensitivity in the composition, structures, operations, methods and work of parliaments. In the plan, it noted that "gender-sensitive parliaments remove the barriers to women's full participation and offer a positive example or model to society at large" (p. 8). The Working Group considers the IPU plan of action to be adaptable for other public and political institutions in which women's equal representation must be secured.

The Working Group will further refer, in particular, to articles 2, 3 and 25 of the International Covenant on Civil and Political Rights and Human Rights Committee general comments No. 28 (2000) on the equality of rights between men and women and No. 25 (1996) on the right to participate in public affairs, voting rights and the right of equal access to public service. With regard to the obligation of States to modify cultural patterns of conduct inhibiting the advancement of women's human rights, the Working Group also refers to Human Rights Committee general comment No. 34 (2011) on the freedoms of opinion and expression.

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.

The Working Group will also incorporate into its review the fact that women participating in political change and public life are often exposed to violence. The Working Group takes note of reports that women defenders are more at risk than men of suffering from certain forms of violence and other violations, due to the perception that they are challenging accepted sociocultural norms, traditions, perceptions and stereotypes about femininity, sexual orientation, the family and the role and status of women in society.

To achieve substantive equality in all fields, women initiate, lead and sustain long-term negotiations in formal political and legal institutions as well as in social and cultural organizations and communities. Women take action to end all forms of discrimination and human rights violations, independently as individuals and/or collectively as part of groups, organizations, coalitions and movements. Unprecedented levels of global migration, persistent poverty and inequalities, long-standing unresolved disputes and wars have compelled women to address the human rights of non-citizens and stateless persons, particularly the gendered implications of violations of their human rights. By claiming their place as full and equal citizens of nations and of the global community, women have become crucial agents of change in eliminating discrimination against women in law and in practice. Good practices in sustaining achievements in equality and non-discrimination involve the active agency of women themselves.

Caregiving responsibilities in the family are disproportionately in the hands of women. Both the reality and the a priori belief that this is the way it should be put women at a structural disadvantage in entering and participating sustainably in political and public life. The long hours of work and heavy travel demands make it difficult for women with caregiving responsibilities to maintain consistent engagement in political and public life without adequate support for the caring responsibilities. At the same time, women who carry out full-time engagement in politics and public affairs are often harassed and stigmatized, as they are perceived to undermine traditional family values.

Good practice regarding the work-life balance for public and political participation includes both childcare support and institutional family-friendly scheduling. The highest performing countries in terms of proportion of women in public office have the most generous entitlements for maternal and parental leave. This reflects States' effectiveness in creating better options for women to reconcile the balance between work and family life, promoting a better balance of responsibilities between men and women in the home and encouraging a higher percentage of fathers to take parental leave. This demonstrates a significant cultural change in society's views of gender roles, which is itself a culmination of decades of responsive social policies. Good practices regarding gender-sensitive parliaments are found in some Western European and other States that have changed the scheduling of parliamentary session to allow a work-life balance for Members of Parliament who have parental responsibilities.

Stigmatization, harassment and outright attacks have been used to silence and discredit women who are outspoken as leaders, community workers, human rights defenders and politicians. Sexual harassment against female political candidates has been reported as a tactic to discourage women from exercising their right to vote and run for elections. Women defenders are often the target of gender-specific violence, such as verbal abuse based on their sex, sexual abuse or rape; they may experience intimidation, attacks, death threats and even murder by community members. Violence against women defenders is sometimes condoned or perpetrated by State actors, including through police harassment of female demonstrators.

Many States have entered reservations to articles 2 and 16 of the Convention, on equality in the family, almost all in deference to religious family law, and in so doing perpetuate the structural impediment of inequality in the family to women's full and effective participation in political and public life. The Working Group regards the elimination of discrimination in the family as central to women's capacity to participate in political and public life on equal terms with men and the withdrawal of these reservations as imperative.

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.

It is crucial to recognize both the right to maternity benefits and also the right to an equal and fair distribution of care functions as fully-fledged economic and social rights. These rights are a prerequisite for the equal right of women to the enjoyment of all economic social and cultural rights and, in particular: the right to work; the enjoyment of just and favourable conditions of work; an adequate standard of living; freedom from hunger; enjoyment of the highest attainable standard of physical and mental health; and the right to take part in cultural life.

The Working Group has taken as its basis the legal framework established by the human rights community regarding the right of women to participate, on an equal footing with men, in creating, contesting and recreating their cultures and in all aspects of cultural life. The equal right of all persons to participate in, access and contribute to cultural life is guaranteed by international human rights law, particularly articles 5 and 13, subparagraph (c), of the Convention on the Elimination of All Forms of Discrimination against Women, article 27, paragraph 1, of the Universal Declaration of Human Rights and article 15 of the International Covenant on Economic, Social and Cultural Rights.

Reconstructing informal employment is often possible through legal interpretation or law enforcement. Legal factors that exclude informal workers from the coverage of protective labour laws include narrow definitions of the employment relationship, recognition of contracting out, specific exclusions and lack of enforcement. There is some judicial good practice to void the use of "flexibilized" patterns of employment by employers seeking to avoid their labour law obligations; of extending anti-discrimination legislation to leased employees; and of applying a pro rata system to employment conditions of part-time, temporary or leased workers. Reconstructing the informal labour in order to guarantee decent work for women also requires extending all social security rights, including maternity and care rights, to informal sector employees.

Women make important contributions to business around the world as business owners and entrepreneurs, with 224 million women globally operating businesses. Women tend to be concentrated in small and medium enterprises (SMEs), which account for a significant share of employment generation and economic growth potential, with full or partial female ownership representing 31-38 per cent of SMEs in emerging markets. Women informal traders contribute significantly to national gross domestic product, accounting for between 40 and 65 per cent of value added in trade in some African countries. Research shows that companies with female board membership and diversity outperform others in return on sales, invested capital and equity. Furthermore, during the financial crisis, companies with women in the leadership had a better record of financial and employment sustainability.

Nevertheless, there is a significant gender gap in top leadership in decision-making bodies in business, finance and trade, including in international institutions such as the IMF and the WTO. Out of the world's 2,000 top performing companies, just 29, or 1.5 per cent, had female chief executive officers in 2009. Women account for 4 per cent of chief executive officers in Fortune 500 companies and 4 per cent in information technology and telecommunications companies. In 2012, women had only 16.6 per cent of Fortune 500 Board seats, of which only 0.6 per cent were women of colour. Only 17 out of 177 governors of central banks were women in 2012 (less than 10 per cent). Women are also greatly underrepresented in the leadership of cooperatives and trade unions.

However, reports suggest that rates of women in senior management are slowly increasing globally, currently reaching 24 per cent. The economies of the Group of Seven are at the bottom of the list, with just 21 per cent of senior roles occupied by women, and with only 7 per cent in one of these countries. This compares to 28 per cent in the BRIC (Brazil, Russia, India and China) economies, 32 per cent in South East Asia and 40 per cent in the Baltic States, while in China, 51 per cent of senior management positions are currently held by women.

A number of countries have adopted temporary special measures specifically directed at accelerating de facto equality for women in corporate leadership, entrepreneurship and trade. Legislation with gender quotas for membership of corporate boards has been adopted in 13 countries. Most of the countries with quota requirements belong to the Western European and other States Group, but some are in Africa and Asia. The quota requirements, varying between a minimum of 1 and 40 per cent, apply to government companies and publicly listed companies. In some States, failing to fulfil quota requirements results in sanctions. Quotas have also been applied by local government to boards of directors of cooperatives. On the evidence, it seems that mandatory and not voluntary quotas are the most effective way to get women onto boards.

There is a gender pension gap both in wealth accumulation and income. The balance of pension entitlements within multipillar systems has a direct impact on the gender pension gap. Social (World Bank "zero pillar") schemes, which give basic flat rate citizens' pensions, are non-contributory and do not, as such, differentiate between men's and women's pension entitlement, thus producing equality. Therefore, the trend to diversify pension systems to include contributory first and second pillar systems, which base a substantial element of pension entitlement on working life contributions, impacts women adversely, increasing the gender pension gap, as women's contribution to these funded pension schemes is lower because of the structural factors in their labour market and care work.

In some countries, legislative provisions strengthen patriarchal family structures, as well as the concomitant discrimination and violence against women. This is particularly true of provisions allowing rapists to marry their victims in order to escape legal proceedings and laws that exclude marital rape from the prohibition of rape under criminal law. In some contexts, only men are able to transmit their nationality to their foreign spouses and their children. This de jure inequality has considerable effects on women and their children because the State protection granted by citizenship is refused them de facto.

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.

In most countries, family law is regulated by secular codes that have been established by the State, under civil or common law systems, and have no basis in religious or customary norms. Secular family law was originally patriarchal. The very being or legal existence of the woman was "suspended during the marriage, or at least [was] incorporated and consolidated into that of the husband". Married women had no capacity to conclude contracts or own property and were discriminated against as regards inheritance, divorce, and guardianship and custody of children. Moreover, women had to pledge obedience to their husbands, and marital rape and corporal punishment were permitted.

School-related gender-based violence takes different forms, with girls in some countries violently targeted for attending school, while in other countries, they are subject in school to sexual violence or harassment, including by teachers. Such violence results in trauma, stigmatization and sometimes pregnancy, and severely curtails girls' educational opportunities. In many States, sexual intercourse with a minor is considered rape, as minors are not capable of consent, but only 32 out of 100 States have specific provisions on sexual harassment at schools. Examples of good practices by some States include introducing confidential school reporting mechanisms, capacity-building for police, child-friendly courts, a public register of sexual offenders and barring sexual offenders from teaching.

The Working Group calls on States to ratify the Convention on the Elimination of All Forms of Discrimination against Women and all relevant international human rights treaties and ILO Conventions which guarantee women's economic and social rights. It calls upon them to implement the obligations therein, including by ratifying the Optional Protocols of the Convention on the Elimination of All Forms of Discrimination against Women and the International Covenant on Economic, Social and Cultural Rights, by introducing the required constitutional and legislative guarantees, and by adopting a transformative agenda which will produce an outcome of de facto equality for women in their economic and social lives.

[The Working Group recommends that States:] Take measures to reduce and reconstruct informal work; to reduce informal work, States should increase job opportunities for women in formal employment, especially in the public sector, and with targeted programmes for women's training, professionalization reskilling and unemployment programmes. To reconstruct, they should redefine the scope of protective labour law, introduce pro rata pay and social security benefits for part-time or casual work, and extend paid maternity leave and care rights to workers in both the formal and informal sectors;

Denial of access to essential health services with respect to termination of pregnancy, contraception, treatment for sexually transmitted diseases and infertility treatment has particularly serious consequences for women's health and lives. Women may be denied such services through criminalization, reduction of availability, stigmatization, deterrence or derogatory attitudes of health-care professionals. In reality, denial of access drives service provision underground into the hands of unqualified practitioners. This exacerbates the risks to the health and safety of the affected women. Persistently high maternal mortality rates often reflect a lack of investment in and underprioritization of services required only by women

The Working Group notes with concern that issues relating to women's health are not addressed in a holistic manner on political and health agendas at the national and international levels. Policies regarding women's health services are often limited to questions of "maternal health". Despite the importance of prioritizing this issue, such a restrictive focus fails to recognize the full spectrum of women's rights to sexual and reproductive health at all stages of their life cycle and contributes to the instrumentalization of women's bodies, viewing them mainly as a means of reproduction.

The State is accountable for fulfilling its international human rights obligation to ensure that women are provided with gender-responsive scientific research, medicines and health interventions and for providing appropriate and adequate gender-based resources and a system of effective monitoring, budgeting, remedies and redress. It is also obligated to provide women with autonomous, effective and affordable access to health care. The State has a responsibility to ensure that barriers to women's enjoyment of the right to the highest attainable standard of physical and mental health are dismantled, including by exercising due diligence.

Criminalization of termination of pregnancy is one of the most damaging ways of instrumentalizing and politicizing women's bodies and lives, subjecting them to risks to their lives or health in order to preserve their function as reproductive agents and depriving them of autonomy in decision-making about their own bodies. Restrictive laws apply to 40 per cent of women worldwide. In some countries, as a result of retrogressive anti-abortion laws, women are imprisoned for having had a miscarriage, imposing an intolerable cost on the women, their families and their societies.

In addition, restrictions on access to information on termination of pregnancy and services can deter women from seeking professional medical attention, with detrimental consequences for their health and safety. Examples of restrictions include criminalization of medical practitioners who provide these services; prohibiting access to information on legal termination of pregnancy; requiring third-party authorization from one or more medical professionals, a hospital committee, a parent, guardian or spouse; conscientious objection by health practitioners without provision of an alternative; requiring compulsory waiting periods; and excluding coverage for termination of pregnancy services under health insurance. None of these requirements is justified on health grounds.

International and regional human rights bodies have called on States to decriminalize access to termination of pregnancy and to liberalize laws and policies in order to guarantee women's access to safe services. Treaty bodies, including the Committee on the Elimination of Discrimination against Women and the Committee on Economic, Social and Cultural Rights, have requested States, through their jurisprudence, their general comments/recommendations and their concluding observations, to review national legislation with a view to decriminalizing termination of pregnancy and to ensure a woman's right to termination of pregnancy where there is a threat to her life or health, or where the pregnancy is the result of rape or incest. The Committee against Torture and the Human Rights Committee have determined that, in some cases, being forced to carry an unwanted pregnancy to term amounts to cruel and inhuman treatment.