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4 ADVICE AND ASSISTANCE TO GOVERNMENT
4.2 LEGISLATION AND POLICY
States have a responsibility to ensure that their
national legal framework and policies comply with
OSCE commitments and human rights obligations in
general and, more specifically, in the area of protecting
women’s rights and gender equality. NHRIs can assist
states by reviewing national legislation and identifying gaps, highlighting problem areas in the existing
legal framework and contributing to the development
of new laws and policies. NHRIs can also monitor the
impact of laws and policies on women’s rights and gender equality.
NHRIs in the OSCE region provide advice and assistance in the following legislative and policy areas,
among others: domestic violence laws, electoral-code
reform, employment equity, parental rights, social benefits and health and education policies.
4.3 NATIONAL ACTION PLANS
The development of a national action plan on human
rights shows a commitment by the government to promote and protect human rights. 24 In the OSCE region,
these plans exist in the form of general national human
rights action plans, as well as specific action plans,
such as gender action plans, plans to prevent and combat domestic violence, and action plans against trafficking in human beings.
While the governments should take the lead in developing national action plans, NHRIs can recommend
that such plans are developed, and offer advice and
24 The Vienna Declaration and Programme of Action, 1993, Art. 71,
recommends that states consider preparing national action plans.
The Beijing Declaration and Platform for Action, 1995, Art. 124(j),
calls on all governments to establish and implement plans of action
to eliminate violence against women.
SURVEY RESULTS
64%
of NHRIs reported
that they comment on
draft legislation in the
area of women’s rights
and gender equality.
52% of NHRIs monitor the implementation
of policies and legislation that affect women’s
rights and gender
equality.
45% of NHRIs initiate
contacts with government departments, senior
officials and cabinet
members on proposed
legislative initiatives.
SURVEY RESULTS
42% of NHRIs reported
that they participate in
developing national plans
with respect to women’s
rights and gender equality. One NHRI noted
that its independence
prevented it from contributing directly to the
national action plan.
12% of NHRIs reported
that they initiate the
development of national
action plans on human
rights.
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