A/HRC/56/51 gender roles and sexuality. As a result, they face increased vulnerability to criminalization and deprivation of liberty. Even in cases in which they are not expressly criminalized on the basis of their sexual orientation or gender identity, they may face a heightened risk of encountering the criminal justice system. For example, transgender women are arbitrarily profiled and targeted for sex work.76 The Working Group has noted that transgender women experience disproportionate levels of poverty and economic insecurity because of the discrimination that they face in accessing employment.77 (i) Women who use drugs 53. The Working Group has highlighted the discriminatory and disproportionate impact on women of punitive approaches to the drug problem. Women may receive disproportionate sentences under regimes that do not take level of involvement into account and may have fewer opportunities to negotiate reduced sentences or plea bargains owing to their lowly status within criminal networks. Furthermore, pregnant women suspected of drug use can be involuntarily detained and forced to undergo medical treatment, often without sound medical evidence that they have a drug dependency or that the fetus is at risk.78 (j) Sex workers 54. Women in sex work are likely to face deprivation of liberty because of laws and social attitudes that seek to control women’s morality and sexuality. In States in which sex work is criminalized, women are disproportionately affected and targeted by law enforcement agents. When sex work is not criminalized, they may be prosecuted and incarcerated for other offences, including loitering, vagrancy and public indecency, and for migration-related infractions. In some States, they may be confined to “re-education” institutions, designed to “cure” them of “deviant behaviour”.79 Criminalization of women sex workers increases their vulnerability to violence and compounds their exclusion from essential services. 80 The Working Group recommended that States ban laws and practices policing, targeting, punishing or confining women in relation to sex work.81 C. Taking stock of the Working Group’s work 1. Impact and main contributions to the advancement of gender equality (a) Thematic reports 55. In its thematic analysis, the Working Group has endeavoured to spotlight the principal root causes of discrimination against women and girls, while also identifying encouraging practices and providing guidance to States and other stakeholders on how to make further progress towards achieving gender equality. 56. The responses to the Working Group’s questionnaire indicate that its reports have continued to influence the language of resolutions adopted by the Human Rights Council. For instance, one State indicated that the thematic reports had served as a basis for the preparation of the Council’s annual resolution on the elimination of discrimination against women and girls. In addition, the Working Group’s reports have been referenced by some regional human rights mechanisms. Moreover, they have been used by United Nations agencies and have informed the 2023 report by the Secretary-General to the Commission on the Status of Women. 57. In addition, the reports have been used to inform the development of national public strategies, policies and programmes. For example, in one country, the analysis and recommendations contained in the Working Group’s thematic report on gendered inequalities 76 77 78 79 80 81 GE.24-07559 Ibid., para. 34. A/HRC/44/51, para. 17. A/HRC/41/33, paras. 32 and 39. Ibid., para. 36. A/HRC/44/51, para. 43. A/HRC/41/33, para. 80 (c). See also A/HRC/WG.11/39/1. 13

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