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