A/HRC/35/29
105. Among the key challenges in eliminating discrimination against women in law
and practice is the question of sustainability in the efforts and impacts of changing
laws. Local and global political and ideological landscapes are ever-shifting and
resources are limited and insecure.
106. The developmental process of a good practice over longer periods of time
means that political shifts in national or international governance can adversely affect
sustainability.
107. A key area of concern to the Working Group is the profound level of backlash
against women’s human rights gains, which is on the rise both within States and in
international spheres. In a climate of rising populism, xenophobia and
fundamentalisms, long-established women’s human rights norms are being
undermined, heightening the fragility of good practices in this context. In addition, a
concurrent attack on women’s organizations, women’s human rights defenders and
civil society movements — including feminist, environmental and human rights
movements — creates an atmosphere in which these key actors are criminalized, defunded and even killed, making the question of good practices moot. The Working
Group emphasizes the importance of maintaining the autonomy of local and national
movements and other civil society actors — including national human rights
institutions, public interest lawyers and scholars — as an essential means of protecting
and sustaining good practices. Backlashes within intergovernmental forums, as well as
at the national level, must be challenged head-on by the international community.
108. Resource allocation to support the progressive implementation of women’s
human rights is part of State obligation. States must undertake a process of gender
budgeting to ensure that their legal and policy commitments bear results. Key limiting
factors of the good practices identified were insufficient funds, disproportionate
burden of implementation on non-government actors and dependence on large-scale
or single donor international funding resources. While involvement of autonomous
women’s organizations has been seen as essential in the implementation of rights, the
relationship between State and non-State actors should involve complementary
efforts. Even States with limited resources make key decisions that support the
implementation of rights when political will is present to do so. Budget allocation,
whether originating from the State or a donor, must take into account the longitudinal
nature of change to ensure that promising practices are not arrested before they can
fully come into fruition.
B.
1.
Recommendations
General recommendations
109. There are multiple entry points to change the law and ensure effective
implementation of laws guaranteeing women’s right to equality, including through the
initiative of women rights holders and autonomous women’s organizations in civil
society. The Working Group recommends that States:
(a)
Take every measure to ratify the Convention on the Elimination of All
Forms of Discrimination Against Women and its Optional Protocol, withdraw
reservations thereto, incorporate its provisions into national constitutions and all
hierarchies of domestic law, and actively seek to implement recommendations made
by the Committee on the Elimination of Discrimination against Women, the Working
Group and other relevant human rights mechanisms in view of improving the
realization of women’s human rights;
(b)
Repeal all laws that directly discriminate against women, and review all
new and existing legislation through a rights-based, gender-sensitive lens, involving
independent experts, including autonomous women’s organizations;
(c)
Improve the knowledge-base on good practices by providing the ways
and means to support initiatives that apply a living-law approach to evaluating
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