A/HRC/41/33
(c)
Eliminate discriminatory laws that create barriers to women’s formal or
informal employment and to their enjoyment of economic and social rights. Expressly
guarantee women’s right to equality in economic and social life in the private and
public sectors, with immediate effect and with special measures to accelerate de facto
equality;
(d)
Eliminate measures that tend to disproportionately penalize or detain
those living in poverty, including cash bail systems and debt-related civil convictions;
(e)
Promulgate and enforce regulations governing labour conditions,
including in situations of domestic work, to ensure that they do not amount to
situations of captivity, and take measures to “formalize” all economic sectors and
ensure adequate inspection and social security entitlements for workers;
(f)
Incorporate laws, policies and effective programmes that will enhance
protection from trafficking in persons, irregular migration and contemporary forms
of slavery, and establish regular migration channels.
82.
Violence and conflict deeply shape women’s lives, often contributing to their
deprivation of liberty. In order to counteract those effects, States should take
legislative, policy and practical steps to ensure an understanding of the forced
confinement of women as a form of gender-based violence that must be eliminated at
all levels of government and society. States should therefore:
(a)
Pass legislation taking into account the experience of gender-based
violence as a defence against criminal charges and a mitigation factor in sentencing;
(b)
Ensure that measures addressing conflict, crisis, terrorism and national
security incorporate a women’s human rights focus and do not instrumentalize
women’s deprivation of liberty for the purposes of pursuing government aims;
(c)
Provide effective protection for women and girls from abduction and
detention by non-State criminal or armed groups, guarantee non-recurrence and
provide gender-sensitive and comprehensive services and adequate restitution to those
who have been held captive by such groups.
83.
Numerous international human rights law instruments have long placed
obligations on States to eliminate discrimination, but multiple and intersecting forms
of discrimination persist in trapping women around the world. In order to combat the
disproportionate deprivation of liberty of women in situations of marginalization,
States should:
(a)
Re-evaluate and reform laws and practices that tend to
disproportionately or differently target, police and criminalize any particular group
of women, and create accountability mechanisms to prevent, mitigate and remedy the
discriminatory application of the law;
(b)
Provide targeted, adequate and accessible legal and social services (social
protection, education, health, rehabilitation) to groups of women who are
disproportionately vulnerable to criminalization or institutionalization;
(c)
Initiate targeted policy measures and programmes to tackle the
disproportionate criminalization and incarceration of racial, indigenous or other
marginalized groups;
(d)
Institute systems of community support to break the cycle of
incarceration or institutionalization of women with intellectual disabilities and mental
health concerns;
(e)
Incorporate effective approaches in laws, policies and programmes to
address multiple and intersectional forms of discrimination;
(f)
Incorporate an understanding of intersectional discrimination in any
anti-gender bias training conducted for State officials.
19