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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. 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. 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. 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. 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
Compendium of good practices in the elimination of discrimination against women 2017, para. 109b
- 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:] 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;
- 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. 45
- Paragraph text
- A somewhat unconventional approach to the economic crisis was thus grounded in a gender analysis that focused on maintaining gains in equality as part of the economic recovery process. It combined temporary policy and executive decisions aimed at preventing disproportionate effects on women and vulnerable sectors of the population with mechanisms and measures for ongoing monitoring and data collection to ascertain impact. Simultaneously, the Government prioritized the implementation of long-term legal and policy measures to strengthen 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
- Humanitarian
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 16
- Paragraph text
- The purpose of the compendium, an exercise that extends beyond merely compiling a series of good laws or legal amendments, is to explore good practices that promote the elimination of discrimination against women, supporting both de jure and de facto realization of 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
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 30
- Paragraph text
- The right to participate in all areas of political and public life is an essential prerequisite for the fulfilment of many other rights. Despite progress in many States, women’s representation in elected office — especially at the senior level, the judiciary, civil service or in entities such as unions, national human rights institutions or international agencies, including the United Nations — falls short of the good practice standard of equal representation.
- 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. 96
- Paragraph text
- The protocol is reviewed and adjusted annually by both parties to take into account challenges and shifting needs, ensuring ongoing responsivity to community concerns. Successes of the project have been shared with other women’s organizations, and a similar protocol has been subsequently adopted with the federal police force in the largest city in the region. Discussions are under way in other indigenous communities to press for similar protocols.
- 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
- Ethnic minorities
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 82
- Paragraph text
- The active participation of citizens and women’s organizations in the process of democratization and constitution drafting are key to the adoption of a progressive, rights-based constitutional framework that creates an enabling legal environment for women’s human rights implementation.
- 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
- Social & Cultural Rights
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 75
- Paragraph text
- The Working Group considers that the study of the ways and means by which those movements engage with processes of change involving the law merits in-depth consideration. Such investigation will reveal specific ways that States can create an ameliorating environment for and work collaboratively with autonomous women’s movements towards eliminating discrimination against women in law and 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
- Governance & Rule of Law
- Personas afectadas
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 92
- Paragraph text
- Active participation of women rights holders and autonomous women’s organizations in the development, monitoring, assessment and implementation of judicial decisions and public policies is essential to ensuring responsivity and impact.
- 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. 77
- Paragraph text
- The following case study, originating in a country of the Middle East and North Africa Region, highlights the central role of women’s autonomous organizing in promoting political and legal changes to eradicate discrimination against women and to promote substantive equality. The country had a long history of Government-led reform promoting gender equality in the law. This included broad legal reforms granting women autonomy and self-determination in public and family life, with progressive provisions in terms of sexual and reproductive rights. Women’s organizations had previously existed, but the political climate did not support autonomy. Growing authoritarianism in the regime and the prevalence of discriminatory attitudes had diminished the transformation of women’s traditional roles and the attainment of substantive equality. In 2011, a political revolution led by social movements brought about the downfall of the Government and led to the democratization of the State.
- 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
- Health
- Personas afectadas
- Families
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 112a
- 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:] Recognize the crucial role of autonomous women’s organizing in the development of good practices, and endeavour to create a legal, policy and budgetary framework to support autonomous civil society organizations, women’s movements, and citizen participation in legal development, reform and implementation;
- 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. 97
- Paragraph text
- The bottom-up approach of the practice, which was developed at the impetus of women’s organizations — while demonstrative of the innovative means used by the community to address the structural reality of the situation of violence and discrimination in which they live — has raised the question as to why grave and well-documented human rights violations have not been addressed on a systematic or institutional level within the federal police and Government. Political will to support, expand and institutionalize this good practice is required for its replication and sustainability. In all post- and ongoing colonial contexts, the disproportionate and intersectional discrimination faced by indigenous women, often aided and abetted by legal systems, must be systematically addressed by State duty holders.
- 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
- Social & Cultural Rights
- Violence
- Personas afectadas
- Ethnic minorities
- Women
- Año
- 2017
Párrafo
Compendium of good practices in the elimination of discrimination against women 2017, para. 80
- Paragraph text
- Women’s rights advocates pointed to some areas of concern in the constitutional framework that were illustrative of the ongoing political and cultural struggle between the protection and contestation of conservative gender roles. While a single State religion was recognized and protected in the Constitution, it also includes provisions reiterating that the country was a civil State based on the primacy of law that promoted moderation and tolerance. How those potentially conflicting interests would work out in practice remained to be seen, particularly given that the constitutional courts were not yet in place.
- 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
- Social & Cultural Rights
- Personas afectadas
- Women
- Año
- 2017
Párrafo