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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. 73c (viii)
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- [The Working Group recommends that States:] Guarantee women's de jure and de facto right to equality in family diversity: In countries where several legal systems coexist, establish and implement national mechanisms to ensure the effective implementation of guarantees of equality and non-discrimination between men and women in all areas and at all levels, offering women, especially rural and indigenous women, the possibility of removing themselves from the arbitral authority and jurisdiction of customary institutions. Bring parallel customary, religious and indigenous law systems into line with international human rights law, particularly in respect of gender equality, while acknowledging the importance of the wealth and diversity of culture and traditions. Grant women the right to appeal, in State courts, decisions of religious, customary or indigenous authorities, whether formal or informal, that have violated their right to equality;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Families
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 13
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- For legal guarantees of gender equality to benefit all women, implementation frameworks and strategies must be responsive to the intersections of sex-based discrimination with other grounds of discrimination, such as race, ethnicity, religion or belief, language, political affiliation, health, status, age, class, caste, national or social origin, property, birth, and sexual orientation and gender identity. Legal guarantees and implementation frameworks and strategies must also integrate special measures to reach women who face multiple forms of discrimination, such as rural and indigenous women, women with disabilities, women living in poverty and women facing other forms of marginalization. This requires a comprehensive and coherent human rights-based approach that ensures that women are at the centre of efforts to hold principally States accountable for implementing international standards guaranteeing civil, cultural, economic, political and social rights. National, regional and international human rights mechanisms play critical roles in ensuring the full enjoyment by women of their human rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 99
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- Measures involving groups of women who experience intersectional discrimination, such as indigenous women, must be developed in accordance with an intersectional, gender-sensitive human rights perspective and engage with women as stakeholders.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 25
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- A crosscutting issue in women's life cycles is their vulnerability to poverty, especially when they are from minority communities. As recommended by the ILO and the Report of the Social Protection Floor Advisory Group chaired by Michelle Bachelet, social protection floors are vital tools to reduce women's poverty and improve women's level of economic empowerment.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 94
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- In that context, an indigenous women’s organization in a small community initiated a protocol with the local federal police force that mandated: ongoing engagement, including police training and capacity-building, to address the interrelated phenomena of violence directed towards indigenous women and lack of due diligence in investigating crimes; open dialogue sessions to promote cultural awareness; and community-police feedback and knowledge-sharing sessions, during which information on the justice system and community rights would be offered.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 58
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- 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.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Families
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 51
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- The delegation of political or public power to religious institutions or indigenous communities that are exempt from the requirement to include women in their leadership and decision-making bodies cancels women's right to participate in significant aspects of public and political life; in such cases, the boundaries of women's rights are defined unilaterally by decision-makers of patriarchal social orders.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 97
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- The bottom-up approach of the practice, which was developed at the impetus of women’s organizations — while demonstrative of the innovative means used by the community to address the structural reality of the situation of violence and discrimination in which they live — has raised the question as to why grave and well-documented human rights violations have not been addressed on a systematic or institutional level within the federal police and Government. Political will to support, expand and institutionalize this good practice is required for its replication and sustainability. In all post- and ongoing colonial contexts, the disproportionate and intersectional discrimination faced by indigenous women, often aided and abetted by legal systems, must be systematically addressed by State duty holders.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 54
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- Indigenous women experience a complex spectrum of mutually reinforcing human rights abuses which is influenced by intersecting forms of discrimination and marginalization, reinforced by patriarchal power structures and past and present forms of violations of the right to self-determination and control of resources. These intersecting forms of discrimination have profound health consequences for indigenous women, especially for their reproductive and sexual health. The Special Rapporteur on the rights of indigenous peoples has reported (see A/HRC/30/41) about the barriers to reproductive and sexual health services encountered by indigenous women as well as past and recurrent human rights violations in relation to their sexual and reproductive rights. For example, indigenous women experience disproportionately higher levels of maternal mortality, indigenous girls are overrepresented among pregnant teenagers and indigenous women have lower rates of contraceptive use and higher rates of sexually transmitted diseases, including HIV/AIDS. Historically, there have also been instances of serious violations of indigenous women's rights to reproductive health in the context of the denial of the rights of indigenous peoples to self-determination and cultural autonomy. Those violations include forced sterilization of indigenous women and attempts to force them to have children with non-indigenous men as part of policies of cultural assimilation. Indigenous women may also face barriers to preventive care services that support their right to health, such as screening for ovarian and breast cancer.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73a (i)
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- [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;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Families
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 63
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- 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.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Families
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 52
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- Plural legal systems are systems in which various laws coexist. They may include various combinations of codified civil law, religious law systems, indigenous or customary legal codes, community arbitration or other dispute settlement procedures. Plural legal systems may be formal or informal. They most often affect personal status law and family law. In States with plural legal systems, the State legal system, which is generally civil and codified, and the State courts address matters relating to the public sphere.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 82
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- Effective constitutions for gender equality and non-discrimination provide clarity in a hierarchy of competing laws, legal provisions which establish compliance with universal standards of human rights, and coherence throughout national legal frameworks. There are good practices to be found in different regions, where recognition of the autonomy of customary or indigenous communities is nevertheless subject to the requirement that they respect women's human rights. For instance, in the sub-Saharan region, one constitutional provision mandates that "laws, cultures, customs and traditions which are against the dignity, welfare or interest of women or any other marginalised group … or which undermine their status, are prohibited by this Constitution", and in Latin America and the Caribbean one constitution provides far-reaching recognition of both gender equality and indigenous rights, guaranteeing women's participation and decision-making in indigenous governance and justice systems.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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