A/HRC/26/39
caveats as to the categories of women who do not benefit from each of these measures,
have some marginal impact in reducing the pension gap. Of these gender-specific measures,
the only one that almost closes the gender pension gap is mandatory joint annuities. This
suggests that the way to rectify women’s relative poverty in old age is through mandating
joint annuities with their husbands. However, this does not solve the problem for single or
divorced women. Furthermore, it leaves the problem of engineering a system that is
equitable for traditional dependent marriages and yet can still incentivize economically
independent women.
V. Violence against women17
102. Gender-based violence against women, including state violation of women’s bodily
integrity and autonomy, violence in the public arena, violence in workplaces and
educational institutions, and domestic violence and economic violence by intimate partners,
can severely impact and restrict women’s economic and social potential throughout their
life cycle, including their access to education, freedom of movement and employment. In
economic and social institutions, women are exposed to sexual harassment, including
unwelcome sexual behaviour, remarks, and pornographic images and demands, whether by
words or actions. Such conduct is threatening and humiliating.
103. Many countries prohibit sexual harassment in the workplace, whether it is quid pro
quo (extorting sexual cooperation by threat of job-related consequences) or creating a
hostile environment, and impose accountability on the employer. Out of 100 countries
surveyed, 78 have laws addressing sexual harassment in the workplace, and of these, 52
criminalize such conduct. The legal prohibition of sexual harassment has been based,
variously, on the concepts of discrimination against women and of violation of women’s
human dignity, and good practice is to apply a “double approach” involving both concepts.
104. In addition, women are exposed to sexual harassment in the public arena, including
service institutions, public transport, “street harassment,” cyberbullying and pornographic
advertising, producing a fear factor that severely curtails their freedom of movement and
occupation. However, only 8 out of 100 States have enacted laws prohibiting sexual
harassment in public places. Good practice includes prohibition of sexual harassment in the
provision of services. It entails municipal responsibility for policing, lighting and
introducing surveillance cameras in public spaces.
105. School-related gender-based violence takes different forms, with girls in some
countries violently targeted for attending school, while in other countries, they are subject
in school to sexual violence or harassment, including by teachers. Such violence results in
trauma, stigmatization and sometimes pregnancy, and severely curtails girls’ educational
opportunities. In many States, sexual intercourse with a minor is considered rape, as minors
are not capable of consent, but only 32 out of 100 States have specific provisions on sexual
harassment at schools. Examples of good practices by some States include introducing
confidential school reporting mechanisms, capacity-building for police, child-friendly
courts, a public register of sexual offenders and barring sexual offenders from teaching.
17
20
This section draws upon the background paper by Frances Raday and Shai Oksenberg in collaboration
with the Lowenstein Institute. See also R.K.B. v. Turkey (Committee on the Elimination of
Discrimination against Women Communication No. 28/2010).