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Compendium of good practices in the elimination of discrimination against women 2017, para. 32
- Paragraph text
- The following case study was from the Asia region. Despite strong constitutional guarantees for “equal status of opportunity” and non-discrimination on multiple grounds, discrimination against women remained deeply entrenched. This resulted in women’s exclusion from political and public life, particularly in rural areas and among ethnic minorities and marginalized groups of women. In 1993, in an effort to address structural barriers to women’s participation in political and public life, the State had adopted a constitutional amendment mandating one-third reservations for women — including women from historically disenfranchised groups — in village and district councils throughout the country. Consequently, the 1994 elections had brought nearly 1 million elected women representatives into local governance bodies.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 27
- Paragraph text
- The Convention on the Elimination of All Forms of Discrimination against Women, which has been ratified almost universally and is considered by many jurists to be part of customary international law, determines that States have the obligation to respect, protect and fulfil women’s right to non-discrimination and to the enjoyment of equality in all fields. Those rights are also enshrined in other international and regional human rights conventions. The scope of the Convention includes and goes beyond de jure discrimination, requiring nothing less than substantive equality, or women’s full de facto enjoyment of their rights. National legal frameworks must be developed, adopted and implemented from a holistic rights-based approach that addresses the fullness of State obligation, including: (a) respecting rights by repealing and eliminating laws or any other State action that directly or indirectly discriminate against women; (b) protecting rights by acting with due diligence to ensure that neither State or non-State actors violate women’s rights and ensuring redress for violations; and (c) fulfilling rights by ensuring that laws and attendant policies contain comprehensive measures to guarantee their meaningful implementation and impact on women’s empowerment. The scope of State obligation under the Convention requires active measures to combat patriarchal attitudes and stereotypes that shape an environment in which discrimination against women is tolerated and normalized, both in the law and in the application of the law. The Convention demands multi-pronged strategies to promote social change, not only isolated actions to improve women’s access to existing systems. States are obliged to establish a strong legal infrastructure to support women’s de jure and de facto equality as an important step in the cultivation of good practices.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 20
- Paragraph text
- Significant progress in legal and policy frameworks for women’s rights has been made in the past decades. Nevertheless, while many countries have undertaken to repeal discriminatory laws, such laws persist in many parts of the world. Severely discriminatory laws and practices remain in particular areas of women’s human rights that continue to be contested, such as sexual and reproductive rights and equal rights in the family. Discriminatory laws also exist where the law is used punitively against women to maintain patriarchal values or to criminalize women’s struggles for their rights. In all contexts, there are ongoing challenges to the inclusion of an intersectoral approach to women’s full equality. Even in areas where the legal framework has advanced, or in societies with extensive and robust gender equality laws and policies, the test lies in the ability to implement progressive laws in practice. Innumerable barriers remain on many levels, not least of which is the male-controlled and discriminatory environment within which laws are operationalized. A good law requires a fully ameliorating environment in which it can be meaningfully implemented. No matter how strongly the law is drafted, it is filtered through the biases and limitations of the individuals and institutions, public and private, responsible for grounding it in reality, compounded by a social environment that disadvantages women through the perpetuation of historical discrimination, the patriarchal construction of gender and the perpetuation of stereotypes and prejudices. These factors must be considered closely when identifying which laws have become good practices.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- Families
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 48
- Paragraph text
- While assessment of the impact of such measures was not uniform, and questions remained about whether the gendered analysis and approach to the crisis had deep impacts on the reconstruction of the economy, it can be said that the gender-sensitive response of the Government pre-empted a regression in welfare and women’s rights that had usually accompanied austerity measures. In addition, knowledge of the gendered and intersectional dimensions of crises and the effectiveness of the responses was enhanced through monitoring and data collection. The policies undertaken in response to the crisis demonstrated not only an uncompromising commitment to gender equality but also an acknowledgment of its centrality to a healthy, robust and resilient society.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Humanitarian
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 89
- Paragraph text
- Women and civil society organizations responded to the Constitutional Court’s request to participate in the design and implementation of the decisions. This resulted in the collective development of indicators to monitor the 2004 order and the establishment of a working group to monitor compliance with the orders, which was essential in assessing the implementation of the decisions and in providing technical assistance for the implementation of government programmes. Civil society organizations also operated numerous programmes that provided humanitarian, legal and psychosocial support to displaced women and their families. Those organizations also used international human rights mechanisms to keep a spotlight on displaced women, and carried the topic into recent peace negotiation processes. The 2016 peace agreement addressed many of the demands in the three decisions, contributing to their sustainability.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- Families
- Persons on the move
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 112c
- Paragraph text
- [It is essential to ensure that a robust constitutional and legal framework is in place to support long-term rights implementation and to weather challenges that may come from regressive political or ideological forces that threaten to undermine progress. The Working Group recommends that States:] Prioritize the allocation of funds, both internationally and domestically, to support active and sustained measures to promote good practices in the eradication of discrimination and the promotion of women’s empowerment.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 14
- Paragraph text
- The Working Group wishes to express gratitude for the information submitted by diverse stakeholders in response to its questionnaire. In order to ensure diverse inputs, the Group also benefitted from the support of a team of researchers based in all regions of the world, coordinated by the Women’s Human Rights Education Institute. It also held consultations with States, civil society organizations and United Nations entities when support was available. The enormous amount of data received goes well beyond the bounds of the present report and is available on the Group’s website.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 54
- Paragraph text
- In 2013, Parliament passed a law on the equal rights and equal opportunities of women and men. The law reiterated the constitutional guarantee of gender equality, defined gender discrimination and contained provisions against direct and indirect discrimination. However, the law generated a great deal of social controversy and backlash because of the perception that it represented an attack on “family values”. Women’s civil society organizations became targets of harassment and protests erupted, with demonstrators calling the law “national treason”.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Families
- Men
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 40
- Paragraph text
- Policies must be implemented in tandem with quotas to mitigate the effects of historical discrimination and to support women’s success and impact in politics, including capacity-building performed in tandem with autonomous women’s organizations as well as regional or international partners.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 91
- Paragraph text
- The presence of a solid constitutional court and an effective judicial remedy that enables citizens to demand their constitutional rights without undue cost or burden creates an enabling legal environment for addressing women’s human rights violations.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 31
- Paragraph text
- Good practice requires: (a) the removal of barriers, whether cultural, economic, institutional or religious, preventing women from having an equal opportunity to gain access to positions of power at all levels; (b) the elimination of disempowering stereotypes, misogyny and violence against women in public and private spheres; (c) parity for women in decision-making forums; (d) and gender-sensitive mainstreaming of policymaking processes, including budgeting.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Gender
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 15
- Paragraph text
- The Working Group appreciates that significant work has been done by other human rights mechanisms and United Nations agencies to gather good practices in the context of their work. It notes that there is no harmonized understanding of how to identify and investigate good practices, particularly in the context of the elimination of discrimination against women. Building on existing work in this area, the Group seeks to articulate its experience and expertise to further the conversation on methodological understandings of “good practices” and/or “promising practices” in the context of ending discrimination against women, to identify and share examples of good practices that serve as creative inspiration for the implementation of women’s human rights in multiple contexts, and to open an ongoing engagement process of collective knowledge-building in this area.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 42
- Paragraph text
- Good practice in promoting women’s equality and empowerment in economic and social life requires measures that support equal opportunity, accommodation for gender-specific needs and equal enjoyment of benefits. In accordance with international standards, equal opportunities, equal pay for work of equal value, paid maternity leave in accordance with international standards and parental leave for both men and women must be legally mandated in both formal and informal employment sectors. Women must be fully integrated into economic policymaking both at the State level and in financial institutions that determine economic policy in practice.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- Men
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 51
- Paragraph text
- Cultural rights are central to the realization of women’s human rights. Culture is neither homogenous nor immutable but is often presented as being so, and hence as creating an irrevocable barrier to equality rights for women. States have obligations to recognize and actively combat the deep entrenchment of patriarchal culture based on gender stereotypes in legal, political, religious, social and cultural institutions. While this obligation applies to all aspects of life, patriarchal gender stereotypes are often firmly entrenched in laws and social norms governing family, and often reinforced by religious authorities.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Families
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 84
- Paragraph text
- Longstanding internal armed conflict in one country in the Latin America Region has displaced more than 6 million people internally. Half of those are women, who have suffered a traumatic change in gender roles, family structure and socioeconomic and cultural standing, deepening gender and social inequalities and increasing risk of violence and gender-based discrimination. While many challenges persist, the situation faced by displaced women has improved over the past decade, largely owing to three ground-breaking decisions of the Constitutional Court, shaped by widespread citizen and civil society organization mobilization and implementation efforts.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Humanitarian
- Personas afectadas
- Persons on the move
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 102
- Paragraph text
- The Working Group’s assessment of good practices in eliminating discrimination against women reaffirms the imperative that international human rights standards must be incorporated into national law and laws that contradict those principles must be repealed or modified, without exceptions based on cultural grounds, including cultural and customary grounds. Constitutional provisions that support gender equality create the foundation from which women’s rights can most comprehensively be supported throughout the legal system. States must also take measures to ensure that international and constitutional standards for women’s equality are infused at all levels of the legal framework, especially in federated and pluralistic legal systems.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 78
- Paragraph text
- Women’s organizations played an important role in achieving the goals of the revolution and continued to play an active role in the emergence of a new vision for gender equality. The post-revolution period generated significant public debate during the drafting of a new constitution. Women’s movements worked to keep women on the agenda, introducing a draft feminist constitution early in 2012 that they were invited to present to the National Constituent Assembly. They continued to advocate and mobilize society to oppose regressive elements, maintaining pressure for strong gender equality provisions. In 2012, women successfully organized against article 2.28 of the draft constitution, which had established the complementarity of men and women, rather than the right to equality. The women’s movements, with the assistance of the Working Group through its communications and a country visit, brought about a revision of the draft constitution. That victory was a key factor in the development of a rights-based constitutional framework for gender equality.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 24
- Paragraph text
- The Working Group found that many examples cited as good practices in law did not show the process by which they were established, or the many factors and diverse actors that enabled the practice to come into being. In the present report, the Group undertakes to focus on the process of developing the ways and means to implement women’s right to equality. To understand what is required to support gender equality from a holistic approach, both quantitative and qualitative data are equally necessary, and, given the long-term process of social change, an historical perspective is important.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 56
- Paragraph text
- That civil society organization navigated the challenging context by building strategic partnerships with experts and Government. Together with educational experts, they developed a theoretical and practical educational guidebook entitled “Women and Men: Different but Equal”, which was subsequently approved for use by the Ministry of Education and Science. It supported the incorporation of gender curricula into mandatory courses, such as social studies, and included discussion of gender, reproductive rights and violence prevention.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Gender
- Health
- Personas afectadas
- Men
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 109c
- Paragraph text
- [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:] Improve the knowledge-base on good practices by providing the ways and means to support initiatives that apply a living-law approach to evaluating outcomes and impact of laws, and record detailed results for the sharing of promising and good practices.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 17
- Paragraph text
- The law is an essential mechanism for women’s enjoyment of human rights. Law is both informed by and the creator of norms in society. Laws determine the values and operating principles by which actions and behaviours are deemed acceptable, or criminalized and stigmatized, and can have an enabling or chilling effect on women’s human rights.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 38
- Paragraph text
- While this good practice has enabled the participation of more than 10 million rural women in local politics, it has not led to greater political participation of women at higher levels of governance. Indeed, the Government has yet to be successful in adopting quotas or parity laws for women at higher levels of government, raising questions regarding the limits and sustainability of continued growth in women’s political participation and access to power.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 61
- Paragraph text
- The gender-sensitive education initiative is a promising practice in a fraught context, but is not a stand-alone measure. The case study demonstrates that gender equality cannot be fully achieved through sectorial approaches, but instead requires the creation of an enabling environment animated by comprehensive long-term measures emphasizing the interconnectedness of women’s rights in order to yield both legal and social change.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Gender
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 105
- Paragraph text
- 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.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Equality & Inclusion
- Gender
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 107
- Paragraph text
- 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, de-funded 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.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Gender
- Governance & Rule of Law
- Personas afectadas
- Activists
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 35
- Paragraph text
- Women were also mobilized through the establishment of an ongoing meeting platform for elected female representatives at the village level designed to support them in preparation for making policy recommendations at the main village council meetings. Given their success, these meeting platforms have been legally mandated since 2012, requiring all local governments to hold such meetings in advance of general village meetings. Additionally, the legal framework was further fortified through State-level laws entrenching or boosting the quota from one-third to 50 per cent, including leadership positions. A draft constitutional amendment in 2009 sought to raise the requirement to parity within all elected positions nationwide, but the bill lapsed.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 109a
- Paragraph text
- [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:] 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;
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 104
- Paragraph text
- Changing the law to meet the State obligation to respect and protect women’s human rights are key steps, but investigations show that fulfilling rights remains the most challenging facet of this triad. The fulfilment of women’s human rights requires substantive shifts in deeply entrenched social and cultural norms that reinforce gender stereotypes and perpetuate women’s subordination. As the Working Group has emphasized, the State must act as an agent of change as regards to women’s place in cultural and family life. The fulfilment of progressive legal frameworks requires strong political will, supported by appropriate resources, and attendant measures focused on attitudinal and behavioural change that cultivate an environment in which good practices can thrive. Change must be transferred from the normative level into all sectors of society so that duty and rights holders alike are able to internalize the shifts required to support human rights implementation.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Families
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 87
- Paragraph text
- In 2015, the Court issued an order declaring the persistence of failures in the assistance, protection and access to justice for women victims of sexual violence. That decision consolidated the constitutional framework to address the gendered impact of armed conflict on the forced displacement of women in the country. That protection framework — effectively transforming a government response to forced displacement using a gender perspective — is a pioneering example globally. That extraordinary achievement was partly due to the longstanding efforts by Latin American women’s movements to strengthen the capacities of the constitutional courts in the field of women’s rights.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Humanitarian
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 29
- Paragraph text
- The cases are organized under the themes of the Working Group’s reports to date, with a fifth section highlighting a salient theme that emerged from the research process: the role of autonomous women’s organizing. Owing to space limitations, each case is offered in summary format; more detailed renderings are included in an appendix to the report available on the Group’s website.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Women
- Año
- 2017
Párrafo