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Gender and Security Toolkit
Because the justice sector oversees domestic implementation of these international law
commitments, its rulings in relation to gender equality and the rights of LGBTI individuals
can lead to transformational change in society, advancing gender equality and altering
gender power relations.
Non-state as well as state justice institutions have obligations under international law.
Reform is needed where non-state justice providers, for instance, restrict individuals’
freedoms by holding them accountable to certain cultural or social expectations (such as
not allowing freedom to choose one’s spouse), or restrict opportunities for the accused to
be heard or adequately represented.
Box 3: International and regional instruments and standards relevant to gender
equality and the justice sector
Various national, regional and global legal obligations are relevant to and/or oblige states
to integrate a gender perspective in the justice sector. A compendium of international
and regional legal instruments is published online as part of this Toolkit. Key instruments
include the following.
Universal Declaration of Human Rights (1948), which refers to the entitlement of each
individual to enjoy their rights and freedoms “without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or social origin, property,
birth or other status” (Art. 2). Article 7 stipulates that “All are equal before the law and are
entitled without any discrimination to equal protection of the law.”
International Covenant on Civil and Political Rights (1966), which states: “All persons are
equal before the law and are entitled without any discrimination to the equal protection
of the law. In this respect, the law shall prohibit any discrimination and guarantee to all
persons equal and effective protection against discrimination on any ground such as race,
colour, sex, language, religion, political or other opinion, national or social origin, property,
birth or other status.” (Art. 26)
International Covenant on Economic, Social and Cultural Rights (1966), under which states
“undertake to ensure the equal right of men and women to the enjoyment of all economic,
social and cultural rights set forth in the present Covenant” (Art. 1) and recognize women���s
right to “conditions of work not inferior to those enjoyed by men, with equal pay for equal
work” (Art. 7(i)).
Convention on the Elimination of All Forms of Discrimination against Women (1979),
which seeks to eliminate all forms of discrimination against women and holds states
parties responsible for adopting appropriate legislation and other measures to prohibit
discrimination against women and establish legal protection of the equal rights of
women. In particular, states parties must accord to women equality with men before the
law, a legal capacity identical to that of men and the same opportunities to exercise
that capacity. Women shall be given equal rights to administer property and be treated
equally in all stages of procedure in courts and tribunals (Art. 15). It also calls for equal
representation of women and men in areas of work and requires states to ensure women’s
right to the same employment opportunities, promotion, job security, equal remuneration
and equality before the law. CEDAW has been ratified by 189 states.
UN Committee on the Elimination of Discrimination against Women (CEDAW Committee),
which has issued a number of General Recommendations on violence against women
(Nos 19 and 35), women migrant workers (No. 26), women in conflict prevention, conflict
and post-conflict situations (No. 30) and women’s access to justice (No. 33). These General
Recommendations are authoritative statements on the requirements of CEDAW.
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