Astuces de recherche
trié par
21 Listé sur un total de 21 Entités
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.
- 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
- Type de paragraphe
- Conclusion / Recommendation
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.
- 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
- Type de paragraphe
- Conclusion / Recommendation
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.
- 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
- Type de paragraphe
- Other
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.
- 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
- Type de paragraphe
- Other
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.
- 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
- Type de paragraphe
- Other
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.
- 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
- Type de paragraphe
- Other
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.
- 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
- Type de paragraphe
- Other
Paragraphe
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 57
- Paragraph text
- 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.
- 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
- 2013
- Type de paragraphe
- Other
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 51
- Paragraph text
- The second way to reform patriarchal religious family law involves the replacement of religious family law with secular law. In traditionally Christian States, such as Italy in 1970 and Greece in 1982, civil family codes were introduced to replace religious personal laws.
- 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
- Women
- Année
- 2015
- Type de paragraphe
- Other
Paragraphe
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”.
- 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
- Men
- Women
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- Families
- Women
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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.
- 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
- Health
- Personnes concernées
- Families
- Women
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
Compendium of good practices in the elimination of discrimination against women 2017, para. 85
- Paragraph text
- For many years, internally displaced people and civil society organizations had demanded protection measures from the Government without receiving an appropriate response. This had prompted hundreds of displaced persons to invoke the protection of the judiciary through the judicial remedy known as a tutela: a constitutionally established judicial action that citizens can bring before any judge to ensure the effective exercise of their human rights. By 2004, tribunals had received tutelas submitted by 1,150 displaced families, accumulated in a dossier by the Constitutional Court that led to a judgment declaring that the humanitarian emergency caused by forced displacement had created an unconstitutional state of affairs characterized by massive human rights violations associated with systemic failures in State assistance to displaced persons. Accordingly, the Court ordered the Government to adopt structural measures, a measure that has spawned a lengthy implementation process.
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 32
- Paragraph text
- The Human Rights Council, however, in its resolution 26/11 on the protection of the family, did not reaffirm the right of women to equality in the family. In October 2014, the special procedures mandate holders issued a statement calling on the Council to ensure that the right to equality between women and men, and girls and boys, was included in all future resolutions concerning the family.
- 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
- Boys
- Families
- Girls
- Men
- Women
- Année
- 2015
- Type de paragraphe
- Other
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 58
- Paragraph text
- Affirming the primacy of international human rights law and constitutional laws over religious, customary and indigenous laws is a key step towards ensuring women's emancipation and autonomy. Customary, religious and indigenous laws and provisions on family affairs must be consistent with the constitutional norms on equality. To ensure more effective application of the principle of equality, State monitoring and oversight bodies must be put in place, as has been done in Canada, Colombia and South Africa.
- 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
- Type de paragraphe
- Other
Paragraphe
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.
- 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
- Girls
- Women
- Année
- 2015
- Type de paragraphe
- Other
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 36
- Paragraph text
- 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.
- 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
- Children
- Families
- Men
- Women
- Année
- 2015
- Type de paragraphe
- Other
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 37
- Paragraph text
- Family law may derive from various legal sources in a State, such as constitutions, laws, judicial decisions, and religious and customary codes. However, States are required, under international human rights law, to respect, protect and realize women's right to equality in the family, regardless of the source of family 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
- Health
- Personnes concernées
- Families
- Women
- Année
- 2015
- Type de paragraphe
- Other
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 48
- Paragraph text
- Several States have no secular family code and regulate personal status either by integrating religious laws on the family into constitutional or legislative provisions or by granting religious authorities or religious tribunals jurisdiction over personal status so that they may apply the family codes derived from the sacred texts. Currently, a large number of States that have Islam as their State religion, such as the Islamic and Arab republics, regulate the personal status of all citizens by applying Islamic law from the Koran and the Sunna. Although the notion of the equality of men and women before the law is often incorporated in their constitutions, some States maintain that this equality does not apply in the case of laws on the family and on marital or personal status. Some States that recognize the legal competence of a majority religion in the State also grant non-majority religions jurisdiction over their own communities of faithful, such as Lebanon (Muslim majority), India (Hindu majority) and Israel (Jewish majority).
- 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
- Men
- Women
- Année
- 2015
- Type de paragraphe
- Other
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 50
- Paragraph text
- Reforms to introduce a measure of equality for women in family law have come about in two different ways in countries where family law was based solely on religious law. The first involves reform based on religious interpretation (hermeneutics). The Committee on the Elimination of Discrimination against Women has argued, in several of its concluding observations, that evolving customs and the variety of possible interpretations of religious law offer potential for progress towards equality, while at the same time encouraging States parties to move in that direction. Reforms of religious family codes, based on interpretations of sacred texts that favour equality, have taken place in some Muslim-majority countries, which have carried out legislative reforms founded on progressive interpretations of sharia. For example, Tunisia was one of the first countries with Islam as the State religion to enact a progressive Personal Status Code guaranteeing gender equality; in 2004, Morocco embarked on a far-reaching reform of its family law, paving the way for significant progress towards gender equality; Tunisia, Turkey and Benin have adopted legislation against polygamy; in Indonesia, Islamic tribunals institutionalized the appointment of women judges in religious tribunals in 1989, thus encouraging more gender-sensitive rulings.
- 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
- Type de paragraphe
- Other
Paragraphe
21 Listé sur un total de 21 Entités