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Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 57
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- The institution of family is one of the foundations of whole political systems, and family law is core to women's citizenship and public life. Women's right to equality in the family shapes opportunities and constraints for women's agency and autonomy and also regulates access to land, income, education and health, including reproductive health, thereby determining a woman's capacity to fully engage in all aspects of life. The right of women to equality in the family was established in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights and elaborated in articles 2 and 16 of the Convention.
- 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
- Families
- Women
- Año
- 2013
Párrafo
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 63
- Paragraph text
- Good practice regarding the work-life balance for public and political participation includes both childcare support and institutional family-friendly scheduling. The highest performing countries in terms of proportion of women in public office have the most generous entitlements for maternal and parental leave. This reflects States' effectiveness in creating better options for women to reconcile the balance between work and family life, promoting a better balance of responsibilities between men and women in the home and encouraging a higher percentage of fathers to take parental leave. This demonstrates a significant cultural change in society's views of gender roles, which is itself a culmination of decades of responsive social policies. Good practices regarding gender-sensitive parliaments are found in some Western European and other States that have changed the scheduling of parliamentary session to allow a work-life balance for Members of Parliament who have parental responsibilities.
- 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
- Families
- Men
- Women
- Año
- 2013
Párrafo
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 58
- Paragraph text
- Patriarchal and discriminatory family law or practice may limit women's freedom of occupation and freedom of movement in the public space. In some countries, men are still regarded by law as the head of household, barring women from representing their families in official decision-making processes on public affairs, including on development projects and issues of good governance, which have an impact on women and their families. The system of heads of household has been abrogated in many countries' 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
- Personas afectadas
- Families
- Men
- Women
- Año
- 2013
Párrafo
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 60
- Paragraph text
- Many States have entered reservations to articles 2 and 16 of the Convention, on equality in the family, almost all in deference to religious family law, and in so doing perpetuate the structural impediment of inequality in the family to women's full and effective participation in political and public life. The Working Group regards the elimination of discrimination in the family as central to women's capacity to participate in political and public life on equal terms with men and the withdrawal of these reservations as imperative.
- 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
- Families
- Men
- Women
- Año
- 2013
Párrafo
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 61
- Paragraph text
- Reform of family laws provides a firm basis to overcome structural and cultural impediments to women's equal and full participation in political and public life. Family laws have been the focus of reform throughout history, as part of whole movements of States and societies towards modernity. In most cases, religious hermeneutic projects, particularly when initiated as part of broader reforms during times of political transition, have been an integral part of making these changes possible, with a prominent role played by women's rights movements, as in the case of Morocco, which achieved significant reform on many fronts in the family code (Moudawana), and by reform-minded religious institutions. The political will for these reforms, in State-sponsored modernization projects and social engineering agendas, has existed in diverse contexts of colonial power, the post-colonial State and communist regimes.
- 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
- Families
- Women
- Año
- 2013
Párrafo
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 62
- Paragraph text
- Caregiving responsibilities in the family are disproportionately in the hands of women. Both the reality and the a priori belief that this is the way it should be put women at a structural disadvantage in entering and participating sustainably in political and public life. The long hours of work and heavy travel demands make it difficult for women with caregiving responsibilities to maintain consistent engagement in political and public life without adequate support for the caring responsibilities. At the same time, women who carry out full-time engagement in politics and public affairs are often harassed and stigmatized, as they are perceived to undermine traditional family values.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Families
- Women
- Año
- 2013
Párrafo
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 70
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- Women who belong to vulnerable groups, based on race, class, ethnicity, religion or belief, health, status, age, class, caste and sexual orientation and gender identity, are effectively barred from political and public life based on multiple stereotyping. In its concluding observations, the Committee on the Elimination of Discrimination against Women has expressed concern about stereotyped media portrayals of women's roles within the family and society.
- 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
- Families
- Women
- Año
- 2013
Párrafo
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 67
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- Domestic violence is public as well as private in its debilitating impact on women. It can also be used directly as a form of punishment by resentful husbands or other family members against wives or female relatives who become leaders in their community.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Violence
- Personas afectadas
- Families
- Women
- Año
- 2013
Párrafo
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 84
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- Elimination of discrimination against women in political and public life necessitates reform of nationality laws. Women's capacity to participate in political and public life is defined by their citizenship and nationality, but nationality laws often discriminate against women, particularly when they require a single nationality in a family and the wife's nationality is treated as dependent on her husband's. In effect, women lose their nationality upon marriage with a foreign husband, particularly if both countries of the spouses follow the principle of dependent nationality. If the country of the husband does not follow this principle, then the wife is at risk of becoming stateless, denying her the right to legitimately participate in the political and public life of any country. Laws which require women to seek permission from their husbands, or other family members traditionally defined as their guardians, in acquiring passports and other identity documents also potentially undermine women's capacity to equal participation in political and public life, including through limited freedom of movement.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Families
- Women
- Año
- 2013
Párrafo
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 95
- Paragraph text
- Sharing of care responsibilities within the household should remain a matter of choice for women and men. For any real choice to be possible, paid care leave must be available to both parents. The Nordic countries were the first to introduce an independent paternity leave in order to overcome stereotypes and barriers to men sharing childcare functions. Such provisions are becoming more common around the world, with increased awareness of men's parenting roles and their need to reconcile work and family life. Paternity leave is usually much shorter than maternity leave and more often unpaid. Some countries have introduced more gender-neutral parental leave options, and recent best practice in one Nordic country provides symmetry in childcare leave, with five months for each parent individually and two months that can be allocated according to parental choice.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- Children
- Families
- Men
- Women
- Año
- 2014
Párrafo
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 97
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- As regards childcare, the Working Group supports the call of UN-Women for States to guarantee quality and accessible childcare as a social protection floor. This both serves the obligation to achieve de facto equality for women in economic and social life and enables parents to reconcile work and family life. The Working Group suggests that the provision of childcare may also be engineered as an economic efficiency measure, with the right to fully subsidized care services linked to the parent's participation in economic activity. In addition, good practice includes State support for community, trade union and corporate initiatives to provide care services. Furthermore, after children start school, it is good practice to synchronize children's school hours and holidays with adults' work schedules.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Children
- Families
- Women
- Año
- 2014
Párrafo
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 90
- Paragraph text
- Unlike women's reproductive function, care functions do not necessarily have to fall on women. All forms of care, including childcare, are amenable to social reconstruction, and indeed in the Nordic countries, which have long pursued a policy of gender equality in the division of work and childcare functions, the distribution of care work comes close to parity. Good practice regarding the allocation of care responsibilities, pioneered in the Nordic countries, encourages men to enter traditionally women's worlds, both in the family and in the workplace, thus allowing women to participate and advance in the labour market.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Gender
- Health
- Personas afectadas
- Children
- Families
- Men
- Women
- Año
- 2014
Párrafo
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 100
- Paragraph text
- Discriminatory laws and practice prevail in most countries. Some such laws are self-evident, such as mandatory early retirement for women. Some are what has been called "statistical discrimination", such as separate annuity tables for women and men based on women's greater longevity. Others are the result of the sociology of the family and of legislative policy endorsing and perpetuating the economic dependence of women on a husband's income and pension entitlement.
- 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
- Health
- Personas afectadas
- Families
- Men
- Women
- Año
- 2014
Párrafo
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 83
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- Barriers to women's economic opportunities resulting from reproduction and care functions must be removed in order to permit choice by women and men as to how they allocate economic and caring duties. Three possible patterns of allocation have been identified: both parents as full-time workers; one full-time and one part-time worker, where the part-time worker is usually the woman; or the male breadwinner model. There is also the single parent pattern, which is usually a woman.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- Families
- Men
- Women
- Año
- 2014
Párrafo
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 37
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- Ensuring girls' education may require protecting their families against economic shocks and incentivizing parents to keep their girls in school. Cash transfer programmes, for example, have assisted families in return for committing to keeping their girls and boys in school and attending regular health checks, or by providing a stipend to girls who agree to delay marriage until they complete secondary education. Such programmes have been successful in decreasing girls' dropout rates.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Education
- Personas afectadas
- Boys
- Families
- Girls
- Año
- 2014
Párrafo
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 31
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- The family is the basic unit of society and, as such, should be strengthened. It is entitled to receive comprehensive protection and support. The family plays a key role in social development and in the growth and well-being of children, including girls. Women and girls' ability to act and participate in the different aspects of life in society derives mainly from respect for their right to equality with men and boys in the family. In this context, the Working Group deems it essential for families to be formed in such a way that women and girls' right to equality is fully recognized, respected, protected, fulfilled and promoted.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Boys
- Children
- Families
- Girls
- Women
- Año
- 2015
Párrafo
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 42
- Paragraph text
- In most countries, family law is regulated by secular codes that have been established by the State, under civil or common law systems, and have no basis in religious or customary norms. Secular family law was originally patriarchal. The very being or legal existence of the woman was "suspended during the marriage, or at least [was] incorporated and consolidated into that of the husband". Married women had no capacity to conclude contracts or own property and were discriminated against as regards inheritance, divorce, and guardianship and custody of children. Moreover, women had to pledge obedience to their husbands, and marital rape and corporal punishment were permitted.
- 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
- 2015
Párrafo
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 36
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- In some countries, legislative provisions strengthen patriarchal family structures, as well as the concomitant discrimination and violence against women. This is particularly true of provisions allowing rapists to marry their victims in order to escape legal proceedings and laws that exclude marital rape from the prohibition of rape under criminal law. In some contexts, only men are able to transmit their nationality to their foreign spouses and their children. This de jure inequality has considerable effects on women and their children because the State protection granted by citizenship is refused them de facto.
- 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
- Violence
- Personas afectadas
- Children
- Families
- Men
- Women
- Año
- 2015
Párrafo
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 29
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- International human rights law guarantees gender equality in the family, including when marriage is entered into, during marriage and at its dissolution, as set out in article 16 of the Universal Declaration of Human Rights and article 23 of the International Covenant on Civil and Political Rights. Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women establishes the obligation of States to ensure gender equality in all matters relating to marriage and family relations, including in respect of the decision whether to marry, the free choice of spouse, rights and responsibilities as parents, the decision on the number and spacing of children, and personal rights as husband and wife. Similarly, articles 1 to 3 of the 1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages require States to ensure gender equality regarding consent to marriage, to specify a legal minimum age for marriage and to register marriages.
- 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
- Families
- Women
- Año
- 2015
Párrafo
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 38
- Paragraph text
- National constitutions are generally the supreme law in most States and form the foundation of the State's institutional and legal structures. They also provide the framework for the elimination of discrimination against women. An explicit constitutional guarantee of gender equality is fundamental to combating discrimination against women and girls in law and in practice. Many countries have already recognized and enshrined this principle of equality in their constitutional laws, and it is essential that it apply in all areas of law, including family law.
- 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
- Families
- Girls
- Women
- Año
- 2015
Párrafo
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 34
- Paragraph text
- The role of women in the family has generally been under patriarchal control in cultures and religions that subject women and girls to forced and/or early marriage and discrimination in a number of areas of family life, such as consent to enter into marriage, dowry obligations, the right to possess and manage property, sexual relations, requirements regarding modesty and freedom of movement, guardianship and custody of children, divorce and division of matrimonial assets, the punishment of adultery, the right to remarry following dissolution of the marriage or death of the husband, the status of widows and inheritance. In addition, women and girls are generally not treated equally in families with regard to the division of rights and responsibilities. Discrimination against women and girls in the family and in marriage affects all aspects of their lives.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Personas afectadas
- Families
- Girls
- Women
- Año
- 2015
Párrafo
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 45
- Paragraph text
- The second process is the transition from patriarchal religious family law to a secular family law system that provides for gender equality in the family. Several States where family law was based on patriarchal religious codes have introduced equality for women in the family by revoking religious laws and regulating family affairs under secular codes. In many European countries, family law was based on religious, primarily Christian, laws, and all marriages were thus placed under religious jurisdiction. At the end of the nineteenth century, all matters relating to family were placed under the secular jurisdiction of the State, thereby removing the religious hegemony 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
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Families
- Women
- Año
- 2015
Párrafo
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 8
- Paragraph text
- The legal rights of women and girls to equality and non-discrimination in cultural and family life, established in 1948 by the Universal Declaration of Human Rights and by international human rights law, are often restricted in national laws and in practice, including in cultural practice. The Working Group emphasizes that, in accordance with international human rights law, States have an obligation to adopt appropriate measures with a view to eliminating all forms of discrimination against women and girls in laws, cultural practices and the family, whether perpetrated by State agents or private actors.
- 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
- Social & Cultural Rights
- Personas afectadas
- Families
- Girls
- Women
- Año
- 2015
Párrafo
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 14
- Paragraph text
- Culture, when understood as a macro concept, also includes religion. Religion constitutes an institutionalized aspect of culture, with its own sources of authority that regulate social behaviour. It is often based on the concept of transcendental authority, and most religions have codified normative systems. Change must be wrought within the religious hierarchy of the community and must conform to the religious dogma of the written sources. As a consequence, religions are often a haven against social and cultural change. In all religions, there are movements that resist any change to the patriarchy and the status of women and girls in the family. Conversely, non-gender-based discriminatory practices, including some previously defended in the name of culture and religion, such as slavery, have been delegitimized or abandoned as values and ethics have evolved.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personas afectadas
- Families
- Girls
- Women
- Año
- 2015
Párrafo
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 72
- Paragraph text
- The State must act as an agent of change as regards women's place in cultural and family life, by fostering and creating a culture free of all forms of discrimination against women. A transformative approach to women and girls' status in the family is crucial. There needs to be awareness that, in the past, a patriarchal concept of family pervaded all secular, religious, customary and indigenous laws and institutions and that some States and groups are now trying, in a retrograde manner, to subject women to the most oppressive forms of patriarchy, particularly in the context of religious fanaticism. It should also be understood that the transition towards equality between women and men, and girls and boys, in the culture and in the family is a prerequisite for a decent society.
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personas afectadas
- Boys
- Families
- Girls
- Women
- Año
- 2015
Párrafo
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 63
- Paragraph text
- The State has a direct obligation to protect and respect women's right to equality in all the forms of family law considered above. It is held responsible for any breach of its obligations, including in cases where it has, through its constitution, laws or judicial decisions, assigned jurisdiction over family law matters to a religious, indigenous or customary court, tribunal or authority. Moreover, the State has an obligation to exercise due diligence to guarantee and protect women's right to equality in informal plural 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
- Ethnic minorities
- Families
- Women
- Año
- 2015
Párrafo
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73a (ii)
- Paragraph text
- [The Working Group recommends that States:] Establish a national legal framework recognizing gender equality in cultural and family life, in accordance with regional and international standards: (ii) Promote access to, participation in and contributions by women to all aspects of cultural life, including the definition, creation and interpretation of cultural and religious norms and practices, by providing equal resources, adopting special measures and policies, and facilitating women's access to decision-making positions and policymaking processes, at all levels;
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personas afectadas
- Families
- Women
- Año
- 2015
Párrafo
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73d (i)
- Paragraph text
- [According to general recommendation No. 29 of the Committee on the Elimination of Discrimination against Women, the family is a social and legal construct and, in various countries, a religious construct. It also is an economic construct. The Working Group recommends that States:] Take measures to ensure that families allow girls to access education on an equal basis with boys, by raising awareness in the community and providing families with financial incentives to allow girls to finish their studies;
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Boys
- Families
- Girls
- Women
- Año
- 2015
Párrafo
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73a (iii)
- Paragraph text
- [The Working Group recommends that States:] Establish a national legal framework recognizing gender equality in cultural and family life, in accordance with regional and international standards: (iii) Develop national strategies to eradicate cultural practices that discriminate against women and girls, as well as gender stereotypes, through awareness-raising campaigns, educational and informational programmes and stakeholder mobilization. Engage men, as appropriate, in prevention and protection efforts in respect of gender-based discrimination and violence;
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personas afectadas
- Families
- Girls
- Men
- Women
- Año
- 2015
Párrafo
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73a (i)
- Paragraph text
- [The Working Group recommends that States:] Establish a national legal framework recognizing gender equality in cultural and family life, in accordance with regional and international standards: (i) Recognize and enshrine, in their constitutions and laws, the right to equality, which should apply in all areas of life and have primacy over all religious, customary and indigenous laws, norms, codes and rules, with no possibility of exemption, waiver or circumvention;
- Organismo
- Working Group on the issue of discrimination against women in law and practice
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Families
- Women
- Año
- 2015
Párrafo