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Gender and Security Toolkit
UN Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women
Offenders (the Bangkok Rules) (2010), which stipulate that alternatives to prison should
be developed for women by member states, particularly given “the history of victimization
of many women offenders and their caretaking responsibilities” (Rule 57). Rule 64 further
states that “Non-custodial sentences for pregnant women and women with dependent
children shall be preferred where possible and appropriate, with custodial sentences being
considered when the offence is serious or violent or the woman represents a continuing
danger, and after taking into account the best interests of the child or children, while
ensuring that appropriate provision has been made for the care of such children.”
Yogyakarta Principles (2006) and Yogyakarta Plus 10 Principles (2017), which pertain to
the rights of persons of diverse sexual orientations and gender identities and expressions.
These are not legally binding but are authoritative statements on the requirements of
international human rights law that:
- everyone is entitled to all human rights and equal protection before the law irrespective
of their sexual orientation or gender identity (Principle 2)
- everyone has a right to life and to protection by the state against violence or bodily harm
irrespective of their sexual orientation or gender identity (Principle 5).
The Yogyakarta Principles, drafted by a distinguished group of human rights experts,
are anchored in the universality of human rights, specifically non-discrimination and
recognition before the law; rights to human and personal security; economic, social
and cultural rights; rights to expression, opinion and association; rights to freedom of
movement and asylum; rights of participation in cultural and family life; rights of human
rights defenders; and rights of redress and accountability. The 2017 Yogyakarta Plus 10
Principles strengthen the recognition of intersectionality, and better integrate the needs
of intersex persons and those with diverse gender expressions and sex characteristics.
While the Yogyakarta Principles do not constitute binding law, they are distilled from the
text and legal interpretation of a number of international human rights treaties, which are
binding on signatory states parties.
UN Security Council Resolutions on WPS. The Security Council has adopted a series of
resolutions addressing women and conflict, together comprising the WPS Agenda. The WPS
Agenda commits the UN and states to:
promote gender equality and strengthen the participation of women in decision-
making in all aspects of conflict prevention, peace processes, peace operations and
peacebuilding
improve the protection of women in conflict-affected environments, and end conflict-
related sexual violence and impunity for these crimes
ensure international engagement in conflict-affected environments addresses the
specific needs of women and improves the protection of women’s rights and women’s
access to justice.
UN Human Rights Council. The Human Rights Council has issued a number of resolutions
on eliminating all forms of violence, including sexual violence and domestic violence,
against women (ensuring due diligence in prevention and protection, providing remedies
for women who have been subjected to violence, attending to the specific needs of
indigenous women and girls, as a barrier to women’s political and economic empowerment,
and engaging men and boys), eliminating discrimination against women and girls, and
promoting a human-rights-based approach to combating trafficking in persons. It has
also issued resolutions on “Protection against violence and discrimination based on
sexual orientation and gender identity” and “Human rights, sexual orientation and gender
identity”.
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