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Environmental human rights defenders 2016, para. 39
- Paragraph text
- The increased scale of acts of reprisal against environmental human rights defenders protesting against environmental harms caused by projects funded by international financial institutions is disquieting. The submissions received revealed large gaps between professed commitments to participation and accountability and the situation on the ground, pointing to an overwhelming failure by those institutions to assess risks and respond to reprisals effectively. One report documented case studies in Cambodia, Ethiopia, India, Uganda and Uzbekistan of reprisals taking a variety of forms. The critics of projects funded by the World Bank Group were reportedly the target of threats, intimidation tactics and baseless criminal charges. Some women faced sexual harassment or gender-based threats, attacks, or insults when they spoke out. Security forces responded violently to peaceful protests, physically assaulting community members and arbitrarily arresting them. In other cases, critics or their family members were threatened with the loss of their jobs or livelihoods. In many countries, such reprisals often occurred within a broader effort to demonize critics as unpatriotic or "anti-development".
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 56
- Paragraph text
- While some refugee and internally displaced persons camps have separate facilities for unaccompanied or separated children, they often lack family-based solutions and have very limited capacity to face the increasing number of unaccompanied or separated children. As a consequence, children share their living space with adults or are held in prolonged detention. In addition, even when children are offered a separated living area, those are often easily accessible to everyone, especially during night-time. Moreover, certain camps fail to provide basic amenities, such as appropriate health-care services or gender-differentiated sanitation. The lack of adequate lightning, the layout of some camps and a shortage of security personnel further increase the vulnerability of children to abuse. Finally, the reluctance of many European countries to provide refugee children with a safe and permanent home continues to aggravate the situation by prolonging the stay of children in the facilities.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 23
- Paragraph text
- In general recommendation No. 19, the Committee establishes that gender-based violence, which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions, is discrimination within the meaning of article 1 of the Convention and links gender-based violence to the different rights and substantive areas covered by the Convention. In practice, the Committee invokes several substantive provisions in the Convention to address the issue of violence against women, including article 5 on stereotyping and the consequences thereof; article 11 on sexual harassment; article 12 on sexual and reproductive health violations; and article 16 on matters relating to marriage and family relations. The adoption of the Optional Protocol to the Convention, in 1999, and the subsequent jurisprudence thereunder further reinforce the Committee's position that violence against women equates to discrimination based on sex, which disproportionately affects women. It is important to note that these developments do not explicitly articulate violence against women as a human rights violation in and of itself.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 6
- Paragraph text
- Prior to, and during, the United Nations Decade for Women, from 1975 to 1985, the issue of violence against women in general, and more specifically domestic violence, was high on the agenda of women's rights activists. Advocacy at the World Conferences on Women, held in Mexico City and Copenhagen in 1975 and 1980 respectively, served as a catalyst for the adoption in 1985 of General Assembly resolution 40/36 on domestic violence. The Third World Conference on Women, held in Nairobi in 1985, and the Expert Group meeting on violence in the family, held in Vienna in 1986, further highlighted the global nature and concern regarding violence against women. In May 1991, the Economic and Social Council adopted resolution 1991/18 on violence against women in all its forms, in which it recommended the development of a framework for an international instrument that would explicitly address the issue of violence against women. The Council also urged Member States to adopt, strengthen and enforce legislation prohibiting violence against women and to take appropriate administrative, social and educational measures to protect women from all forms of physical and mental violence.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Reflection on a 6-year tenure as Special Rapporteur on the sale of children, child prostitution and child pornography 2014, para. 43
- Paragraph text
- The breakdown of families, communities and social and institutional structures during conflict and in its aftermath puts children at great risk of being sold, trafficked and sexually exploited. The World Development Report 2011 of the World Bank estimates that approximately 1.5 billion people live in countries affected by repeated cycles of political and criminal violence. The current nature of conflicts, mostly civil wars fought by armed groups rather than the military, disproportionately affects civilians. Children pay a high toll. A child living in a conflict-affected or fragile developing country is nearly three times more likely to be out of school than a child living in a developing country that is unaffected by these factors. Sexual and gender-based violence is a major issue, during and in the aftermath of conflict. Women and children account for close to 80 per cent of refugees and internally displaced persons. As more countries fall into conflict and high levels of political and criminal violence, involving an increasingly complex range of protagonists and ever more violent schemes, children will continue to be exposed to heightened risks.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Internally displaced women: progress, challenges and the way ahead 2013, para. 47
- Paragraph text
- In some situations, such as the Philippines, employment rates are in fact higher amongst IDW men, in part due to the fact that women benefit from greater freedom of movement because they are not seen as a threat by warring parties. IDW taking on new employment opportunities can result in increased tensions, particularly within families and between generations, as notions of pride, status and dignity are perceived to be challenged. These women may face increased pressure and strain, particularly if men do not shift roles to take on more domestic work. However, new livelihood opportunities can strengthen the confidence, leadership skills and influence of IDW. To maximize these benefits, the skills and resources of IDW should be fully recognized and more systematically supported. This entails rectifying the "pervasive biases", which, as the Secretary-General has highlighted, result in resources for initiatives such as post-conflict livelihoods programmes being directed "overwhelmingly towards men". Livelihood programmes for IDW should further be designed to be safe and sustainable, and protect women against unintended protection consequences, including elevated risks of SGBV.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Men
- Persons on the move
- Women
- Year
- 2013
- 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. 73c (viii)
- Paragraph text
- [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
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 44
- Paragraph text
- The first process is the elimination of discriminatory laws on the family and the promotion of gender equality within secular law systems. This sort of legal reform took place in some of these systems from the end of the nineteenth century, when many States reformed their laws on the family by separating religion from the State and introducing measures to promote women's equality within marriage and the family, including the right of married women to conclude contracts, own property, inherit, divorce, and have guardianship and custody of children, on an equal basis with men. Secular family law systems thus moved from being patriarchal to adopting a more egalitarian approach, which now represents good practice in ensuring gender equality in the family. A recent example is the Marriage Law in China, as amended in 2001, which nullified all bigamous marriages and all marriages in which one of the parties had not reached the legal minimum age for marriage, repealing traditionalist patriarchal laws on the family and affirming gender equality in the family.
- 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
- Person(s) affected
- Families
- Men
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 28
- Paragraph text
- Many factors influence the decisions of migrants as to why, when, to where and how they want to migrate. The main push factors are poverty, violence, discrimination and poor governance. The main pull factors are official or unacknowledged labour needs and family reunification. Public discussion about these factors is, on the whole, extremely shallow, often constituting nothing more than scaremongering about “benefit scroungers” and migrants “stealing jobs”.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Movement
- Poverty
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Existing legal standards and practices regarding violence against women in three regional human rights systems and activities being undertaken by civil society regarding the normative gap in international human rights law 2015, para. 11
- Paragraph text
- In the African Charter on Human and Peoples' Rights, the member States stress the interdependence of rights and introduce unique features, such as the protection of community and group rights, and the imposition of duties on individuals. The Charter was the first human rights instrument to entrench the right to development. Specific references to women are included in the Charter, for example, in article 2, which prohibits discrimination, including on the basis of sex, and article 18 (3), which obliges States to eliminate all discrimination against women and to ensure the protection of the rights of women as stipulated in international declarations and conventions. The Charter incorporates principles related to culture, group rights and respect for the family environment. Article 60 of the Charter mandates the African Commission to draw inspiration from international law in its promotion and protection of human rights. Some scholars have argued that despite having minimal provisions on the rights of women, the Charter by inference imposes a duty on member States to abide by international human rights standards on women's rights. The Charter has been criticized by some for being unrealistic and overambitious and for ignoring women's human rights, while others have praised it for protecting all human rights, both individual and collective.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Closing the gap in international human rights law: lessons from three regional human rights systems on legal standards and practices regarding violence against women 2015, para. 12
- Paragraph text
- In the African Charter on Human and Peoples' Rights, the member States stress the interdependence of rights and introduce unique features, such as the protection of community and group rights, and the imposition of duties on individuals. The Charter was the first human rights instrument to entrench the right to development. Specific references to women are included in the Charter, for example, in article 2, which prohibits discrimination, including on the basis of sex, and article 18 (3), which obliges States to eliminate all discrimination against women and to ensure the protection of the rights of women as stipulated in international declarations and conventions. The Charter incorporates principles related to culture, group rights and respect for the family environment. Article 60 of the Charter mandates the African Commission to draw inspiration from international law in its promotion and protection of human rights. Some scholars have argued that despite having minimal provisions on the rights of women, the Charter by inference imposes a duty on member States to abide by international human rights standards on women's rights. The Charter has been criticized by some for being unrealistic and overambitious, and for ignoring women's human rights, while others have praised it for protecting all human rights, both individual and collective.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 29
- Paragraph text
- Many countries hold women in pretrial detention for extremely long periods, and the number of female pretrial detainees is often equivalent to or larger than the number of convicted female prisoners. Pretrial detainees may have limited contact with other prisoners, fewer opportunities for health-care, vocational or job programmes, as well as restrictions on family contact.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Gender-related killings of women 2012, para. 116d
- Paragraph text
- [In cases involving gender-related killings, the international and regional human rights systems have included some of the following standards regarding the due diligence obligations of States:] Ensure comprehensive reparations for women victims of violence and their relatives, including measures that are designed to address institutional and social factors;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Gender-related killings of women 2012, para. 116c
- Paragraph text
- [In cases involving gender-related killings, the international and regional human rights systems have included some of the following standards regarding the due diligence obligations of States:] Include in the obligation of access to justice a requirement to treat women victims and their relatives with respect and dignity throughout the legal process;
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Gender-related killings of women 2012, para. 44
- Paragraph text
- Honour killings remain underreported and underdocumented globally. The United Nations Population Fund (UNFPA) has estimated that 5,000 women globally are murdered by family members each year in honour killings. With widespread urbanization, the proliferation of media and the changing roles of women, it has become difficult for such crimes to go unnoticed, and such killings are becoming more visible.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Harmful Practices
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Gender-related killings of women 2012, para. 14
- Paragraph text
- In this report, the Special Rapporteur addresses the topic of gender-related killings of women whether they occur in the family or the community or are perpetrated or condoned by the State. Globally, the prevalence of different manifestations of such killings is increasing, and a lack of accountability for such crimes is the norm. Terms such as femicide, feminicide, honour killings and crimes of passion, among others, have been used to define such killings.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Multiple and intersecting forms of discrimination and violence against women 2011, para. 21
- Paragraph text
- It has been acknowledged that violence results from a complex interplay of individual, family, community and social factors, and that, even though all women are at risk of violence in every society in the world, not all women are equally vulnerable to acts and structures of violence. Representing both the universality and the particularity of women's risk of violence requires the social location and bodily attributes of individuals and groups to be explicitly accounted for.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 94
- Paragraph text
- The CoE Convention, in addition to requiring the use of gender mainstreaming in the development, implementation and assessment of anti-trafficking measures, also contains special measures for children. These include measures to reduce children's vulnerability to trafficking, notably by creating a protective environment for them, and also on the identification and representation of child victims, on the protection of the private life and identity of child victims, on the issue of residence permits for child victims in accordance with the best interests of the child, and on non-return of child victims to a State if there is any indication that return would not be in the best interests of the child. Furthermore, repatriation programmes for child victims should include enjoyment of the right to education and measures to secure adequate care or reception by the family or appropriate care arrangements. One of the aggravating circumstances to be considered when determining the penalty for the offence of trafficking is when the offence is committed against children. Special protection measures are afforded to child victims during and after investigation and prosecution. Lastly, during court proceedings special care should be taken of children's needs and their right to special protection measures.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Comprehensive, rights-based and child-centred care, recovery and reintegration programmes 2015, para. 58
- Paragraph text
- Few recovery and reintegration programmes incorporate activities to address the recreational needs of children. The Ministry of Gender Equality and Family of the Republic of South Korea offers a wide range of programmes to victims of sexual exploitation offering art, music, dance and play therapies that have led to positive results. Camps are run by an alternative educational institute that is affiliated with juvenile support services.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Effective Implementation of the OPSC 2010, para. 48
- Paragraph text
- Sexuality remains a taboo subject in many societies. Ignorance, apprehension and embarrassment contribute to parents' unwillingness to talk to their children about sex for fear of arousing their curiosity or encouraging sexual debauchery. The topic of sex is therefore discussed among youth, often of the same sex, between brothers and sisters, and sometimes with teachers (as part of sex education).
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Person(s) affected
- Children
- Families
- Youth
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 10
- Paragraph text
- The international human rights framework is further complemented by labour standards, in particular International Labour Organization (ILO) Conventions such as Convention No. 156 on workers with family responsibilities, Convention No. 183 on maternity protection, and Convention No. 189 concerning decent work for domestic workers. Compliance with all these obligations is essential in removing gender inequalities and discrimination and recognizing and redistributing unpaid care work.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 62
- Paragraph text
- In addition, States must determine whether the way in which a programme channels the transfer causes or perpetuates the unequal distribution of labour between the genders within the household. For example, a programme that increases the amount of time that a mother spends away from home may have a detrimental effect on girls' schooling if girls are then required to carry out the activities usually performed by the mother, such as cooking or collecting water.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Rights of indigenous women and girls 2015, para. 53f
- Paragraph text
- [Examples of violence against women in a military context include the following:] In north-western Kenya, British soldiers stationed in the area since the 1980s have reportedly raped more than 1,400 Masai and Samburu women. Rape survivors and their families still suffer from the legacy of those attacks, such as stigmatization of families with mixed-race children.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Families
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 104
- Paragraph text
- The Special Rapporteur is dismayed at the extraordinary risks that women human rights defenders and those working on women's right or gender issues face due to their work. Most of these risks directly affect their physical integrity and that of their family members.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 64
- Paragraph text
- An alarming number of women human rights defenders and their relatives have paid the highest price for their work. During the 2004-2009 period, 39 communications were sent regarding killings of one or more defenders, their family members, or female relatives of male human rights defenders, along with thirty-five communications regarding attempted killings.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 55
- Paragraph text
- During the period (2004-2009) cited, the mandate sent 292 communications that expressed concern in relation to threats and death threats against women defenders or those working on women's rights or gender-related issues and their family members. Of these, 130 explicitly concerned death threats.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 79
- Paragraph text
- Gender biases within families give rise to a range of inequalities that obstruct the optimal development of the girl child. Where gender inequalities persist, boys may receive greater medical attention and girls may be vulnerable to discriminatory feeding patterns.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Boys
- Children
- Families
- Girls
- 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. 71
- Paragraph text
- The cultural construction of gender makes women's subjection to gender-based discrimination and violence appear to be inherent and immutable. The patriarchal family is the product of this construction and the most important social mechanism for its perpetuation. Women and girls' human potential is restricted in families. The recognition that women's rights are human rights and that they are universal and indivisible has laid bare the adverse impact of this gender construction on women and girls in families and communities. The need for a paradigm shift has been clearly set out in international human rights law, which, since 1948, has established women's right to equality in all spheres of life, in culture and in the family. As Eleanor Roosevelt said as far back as 1958: "Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world. […] Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere."
- 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
- Families
- Girls
- 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. 70
- Paragraph text
- Ensuring access to justice for women and girls who have suffered discrimination within the family or in cultural life is part of the State obligation to protect and respect their right to equality. This access must be guaranteed at the legislative and institutional levels. This means, for example, revising all additional laws that affect family and personal status matters, a process in which women must be involved. Also concerned are auxiliary regulations, including special measures adopted, where necessary, in such areas as taxation, social security, retirement benefits, survivors' benefits, rights relating to nationality and the right to family reunification, to ensure women and girls' de facto equality in the various types of family. Women must take part in the formulation and interpretation of national laws, including those relating to family affairs. At the institutional level, they must be involved, on an equal footing, in policy development and judicial bodies so as to ensure that the principle of equality is effectively applied and that decisions handed down demonstrate respect for gender equality. Improving access to justice for women also requires gender-equality training for State authorities and non-State officials responsible for law enforcement, social services and education and for medical and forensic personnel.
- 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
- Families
- Girls
- 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. 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.
- 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
- Person(s) affected
- Families
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph