Tool 2: Policing and Gender
As gender intersects with race, age, disability, residential status and indigeneity, the
following conventions are also relevant:
International Convention on the Elimination of All Forms of Racial Discrimination
Convention on the Rights of the Child
International Convention on Protection of the Rights of All Migrant Workers and
Members of Their Families
UN Convention on the Rights of Persons with Disabilities
UN Declaration on the Rights of Indigenous Peoples.
Regional laws and instruments
There are also a number of regional laws and instruments which oblige states to promote
non-discrimination and gender equality in and through the law and the justice system.
These include:
African Charter on the Rights and Welfare of the Child (1990)
Protocol to the African Charter on Human and People’s Rights on the Rights of Women
in Africa (2003)
African Commission on Human and People’s Rights, “Resolution on the right to a
remedy and reparation for women and girl victims of sexual violence” (2007) and
“Resolution on protection against violence and other human rights violations against
persons on the basis of their real or imputed sexual orientation or gender identity”
(2014)
Southern African Development Community Declaration on Gender and Development
(1997) and Protocol on Gender and Development (2008)
Arab Women Organization of the League of Arab States Arab Strategy for Combating
Violence against Women 2011–2020 (2011)
European Convention on Human Rights (1950)
Council of Europe Convention on Preventing and Combating Violence against Women
and Domestic Violence (2011) (also known as the Istanbul Convention)
Directive of the European Parliament and of the EU Council establishing minimum
standards on the rights, support and protection of victims of crime (2012)
Organization of American States Inter-American Convention on the Prevention,
Punishment, and Eradication of Violence against Women (1994).
2.8 A gender perspective in the justice sector is needed to
promote gender equality more broadly
The justice sector plays key roles in the oversight of security sector institutions. When
courts interpret law relating to the security sector or review the activities of the police,
armed forces, border services or other security sector organizations, they should do so in a
manner that applies and upholds rights to gender equality and non-discrimination. We see
courts doing this: for instance, in October 2018 an Australian court granted a woman the
right to sue the police for failing to enforce domestic violence orders against her husband,
and in February 2019 a judge in Texas ruled that male-only conscription into the armed
forces is unconstitutional.28*
Fundamentally, a justice sector and a legal framework which promote gender equality are
essential to good governance of the security and justice sector. This implies, inter alia, rule
of law, equal access to justice for all, diverse inclusion, and transparency and accountability
of public institutions.^
* For discussion of women’s
equal participation in armed
forces, see Tool 3 on “Defence
and Gender”.
19
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