A/HRC/29/40
(viii) 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;
(ix) Make the formal State legal system accessible to all women, regardless of
their social status, and address the shortcomings of the formal system. Formal
justice should be preferred to informal justice for the settlement of all family
matters, including those relating to sexual violence and domestic violence;
(x)
Set up gender-awareness training for all State civil servants involved in
education, health, social services, law enforcement and judicial decisionmaking. Include women, on an equal basis, in all bodies that interpret and
apply family law;
(d)
According to general recommendation No. 29 of the Committee on the
Elimination of Discrimination against Women, the family is a social and legal
construct and, in various countries, a religious construct. It also is an economic
construct. The Working Group recommends that States:
(i)
Take measures to ensure that families allow girls to access education on
an equal basis with boys, by raising awareness in the community and providing
families with financial incentives to allow girls to finish their studies;
(ii)
Ensure that women are free to participate in economic activities outside
the house or village, without the supervision of male relatives;
(iii) Ensure that women, on an equal footing with men, and girls, on an equal
footing with boys, have the right to at least half the family property and
inheritance in the event of divorce or widowhood. Facilitate the invalidation of
any waiver of these rights obtained from a woman as a result of pressure from
her family or community;
(iv) Recognize the right of women living in polygamous marriages to end
their marriage when their husband takes another wife and grant them a share
of the family property, including the value of the house or land;
(v)
Recognize women as heads of family on an equal basis with men so that
they may enjoy the same financial or social benefits;
(vi) Assess, quantify and take account of the impact of women and girls’
status in the family in all poverty-reduction policies.
74.
The Working Group recommends that international and regional human rights
mechanisms:
(a)
Develop standards, principles and guidelines to combat all forms of
gender stereotype, in accordance with the Convention on the Elimination of All Forms
of Discrimination against Women;
GE.15-07003
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