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Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 69
- Paragraph text
- The State has an obligation to punish and to put an end to impunity and excuses or justification that perpetuate gender-based discrimination in cultural and family life. The State also has an obligation to afford redress for the harm suffered by women, including by providing for compensation, restitution, guarantees of non-repetition and even preventive measures.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Families
- Women
- Année
- 2015
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 65
- Paragraph text
- The obligation of the State to protect women and girls' right to equality in the family compels the authorities to prevent discrimination by private actors. Due diligence as a principle of State action should result in a global model of prevention, protection, prosecution, punishment and redress for acts of discrimination and violence against women in cultural and family life.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personnes concernées
- Families
- Girls
- Women
- Année
- 2015
Paragraphe
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2013
Paragraphe
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- Families
- Girls
- Women
- Année
- 2015
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 31
- Paragraph text
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Boys
- Children
- Families
- Girls
- Women
- Année
- 2015
Paragraphe
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;
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Families
- Women
- Année
- 2015
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73d (iii)
- 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:] Ensure that women, on an equal footing with men, and girls, on an equal footing with boys, have the right to at least half the family property and inheritance in the event of divorce or widowhood. Facilitate the invalidation of any waiver of these rights obtained from a woman as a result of pressure from her family or community;
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Boys
- Families
- Girls
- Women
- Année
- 2015
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 40
- Paragraph text
- In addition, secondary family law covers such areas as taxation, social security, retirement benefits, survivors' benefits and the right to family reunification.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2015
Paragraphe
Compendium of good practices in the elimination of discrimination against women 2017, para. 21
- Paragraph text
- The question of how to identify good practices in ending discrimination against women is particularly poignant at this historical juncture, where a profound backlash against hard-won progress is occurring in all spheres. The continuing rise of fundamentalisms of all kinds and openly misogynistic, racist, xenophobic and populist voices, including Governments, is of grave concern to the Working Group. Efforts to re-entrench patriarchal understandings of sex, gender and family into the law point to important questions about sustaining progress and ensuring that good practices continue to be possible in fraught contexts. Ongoing attacks on autonomous women’s movements, civil society organizations, independent academia, public interest lawyers and women’s human rights defenders by State and non-State actors alike underscore the importance of not only protecting and supporting the crucial role of women human rights defenders, but also identifying those good practices which uphold human rights gains.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Families
- Women
- Année
- 2017
Paragraphe
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2017
Paragraphe
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 37
- Paragraph text
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Education
- Personnes concernées
- Boys
- Families
- Girls
- Année
- 2014
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (iii)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Establish appropriate solutions, remedies and redress to ensure respect for the rights and well-being of women and girls living in the forms of marriage referred to above, including the possibility for them to leave such marriages with their share of the matrimonial assets, custody of their children and the right to remarry;
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Families
- Girls
- Women
- Année
- 2015
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (ix)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Make the formal State legal system accessible to all women, regardless of their social status, and address the shortcomings of the formal system. Formal justice should be preferred to informal justice for the settlement of all family matters, including those relating to sexual violence and domestic violence;
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Families
- Women
- Année
- 2015
Paragraphe
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 52
- Paragraph text
- The pattern of physical, sexual and psychological abuse of migrant domestic workers is widespread. These women are often exposed to health and safety risks without being provided with proper information or adequate protection. Furthermore, the working and living conditions of many undocumented domestic workers, which are tantamount to slavery, and the separation from family members cause serious health, particularly mental health, problems.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2016
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73c (vi)
- Paragraph text
- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: Prohibit and punish domestic violence, including incest and marital rape, and provide measures to protect women and girls who are victims of such violence, such as protection orders and shelters;
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- Families
- Girls
- Women
- Année
- 2015
Paragraphe
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Families
- Men
- Women
- Année
- 2013
Paragraphe
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Gender
- Personnes concernées
- Families
- Men
- Women
- Année
- 2013
Paragraphe
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Girls
- Women
- Année
- 2015
Paragraphe
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2015
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73d (iv)
- 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:] Recognize the right of women living in polygamous marriages to end their marriage when their husband takes another wife and grant them a share of the family property, including the value of the house or land;
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Families
- Women
- Année
- 2015
Paragraphe
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Families
- Women
- Année
- 2015
Paragraphe
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;
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- Families
- Girls
- Men
- Women
- Année
- 2015
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 39
- Paragraph text
- Family law primarily addresses personal status and relations between family members.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Families
- Women
- Année
- 2015
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 74c
- Paragraph text
- [The Working Group recommends that international and regional human rights mechanisms:] Explore the establishment of an essential framework of minimum legal protection for all types of family, including self-created or self-defined families, that would guarantee women's fundamental rights in the family, in accordance with international law.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- Families
- Women
- Année
- 2015
Paragraphe
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Families
- Girls
- Women
- Année
- 2015
Paragraphe
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 82
- Paragraph text
- In addition, restrictions on access to information on termination of pregnancy and services can deter women from seeking professional medical attention, with detrimental consequences for their health and safety. Examples of restrictions include criminalization of medical practitioners who provide these services; prohibiting access to information on legal termination of pregnancy; requiring third-party authorization from one or more medical professionals, a hospital committee, a parent, guardian or spouse; conscientious objection by health practitioners without provision of an alternative; requiring compulsory waiting periods; and excluding coverage for termination of pregnancy services under health insurance. None of these requirements is justified on health grounds.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Families
- Women
- Année
- 2016
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 22
- Paragraph text
- While gender stereotypes pervade all aspects of human existence, women's rights are at particular risk in the family, which is a locus for the perpetuation of traditional values. The family is a product of patriarchal culture and a vital institution for upholding the patriarchy. The Working Group emphasizes that women's equal rights in the family are closely linked to their rights in all areas of life, including public and political life and social, economic and cultural life.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2015
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 62
- Paragraph text
- The State has an obligation to respect women's right to equality within the family and should eliminate any laws, including customary or religious laws, that discriminate against women and any discriminatory acts carried out by State authorities. The obligation not to discriminate against women is direct and absolute. A State will be in violation of this obligation if it has a law that discriminates against women, regardless of whether its family law system is secular, religious or plural.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2015
Paragraphe
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 83
- Paragraph text
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Personnes concernées
- Families
- Men
- Women
- Année
- 2014
Paragraphe
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 70
- Paragraph text
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Families
- Women
- Année
- 2013
Paragraphe