GENDER EQUALITY IN LEGAL FRAMEWORKS: EXPERIENCE FROM …€¦ · Goal 5: Achieve gender equality...
Transcript of GENDER EQUALITY IN LEGAL FRAMEWORKS: EXPERIENCE FROM …€¦ · Goal 5: Achieve gender equality...
GENDER EQUALITY IN LEGAL
FRAMEWORKS:
EXPERIENCE FROM THE DEVELOPMENT
OF SDG INDICATOR 5.1.1
Goal 5: Achieve gender equality and empower all women and girls Target 5.1: End all forms of discrimination against women and girls everywhere Indicator 5.1.1 “Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex”
INDICATOR 5.1.1: TRACK PROGRESS ON TARGET 5.1
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WEBINAR OUTLINE
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• Presentations Background information on SDG 5.1.1
Methodology developed for SDG 5.1.1
Pilot results
Policy relevance for countries
• Questions and answers Send your questions through the chat!
NB: The webinar will be recorded and available on www.wikigender.org
Removing discriminatory laws and putting in place legal frameworks that advance gender equality are prerequisites to
ending discrimination against women and achieving gender equality.
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LEGAL FRAMEWORKS & ENABLING ENVIRONMENT
Legal frameworks
Non-discriminatory social norms
Non-discriminatory
practices
UN Women, World Bank Group and OECD Development Centre implemented a series of activities
to develop the methodology:
DEVELOPED THROUGH A SERIES OF ACTIVITIES
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Feb-May 2016 Commissioned background paper
June 2016 Expert workshop with national and international experts, IAEG SDGs
members
July-Dec 2016 Development of questionnaire
Dec 2016-Sept 2017 Pilot data collection in 89 countries
May-Sept 2017 Development of guidelines
Sept-Nov 2017 Data from pilot verified and checked
Dec 2017-Mar 2018 Data validation in 14 countries (final check with NWMs/NSOs)
April 2018 Presentation to the Inter-agency and Expert Group on SDG Indicators
(IAEG-SDGs)
• Equality and non-discrimination on the basis of sex are
core principles under the international legal and policy
framework, including the CEDAW Convention and Beijing
Platform for Action
• Areas of law and questions under indicator 5.1.1 were
developed on the basis of the commitments under this
framework
• Primary sources of information relevant for indicator 5.1.1
are legislation and policy/action plans
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BASED ON INTERNATIONAL AGREEMENTS/CONVENTIONS
FOUR KEY AREAS (sample questions)
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Overarching Legal Frameworks &
Public Life
• Promote
• Is customary law invalid if it violates Constitutional provisions on equality?
• Are there quotas for women in national parliament?
• Enforce/Monitor
• Does the law establish a specialized independent body tasked with receiving complaints of gender discrimination?
Violence against Women
• Promote
• Is there legislation that specifically addresses sexual harassment?
• Enforce/Monitor
• Are there budgetary commitments by government entities for the implementation of legislation addressing violence against women?
Employment & Economic Benefits
• Promote
• Does the law mandate non-discrimination on the basis of gender in employment?
• Does the law mandate equal remuneration for work of equal value?
• Enforce/Monitor
• Is childcare publicly provided or subsidized?
Marriage & Family
• Promote
• Do women and men have equal rights to enter marriage and initiate divorce?
• Enforce/Monitor
• Is marriage under the legal age void or voidable?
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Request for engagement with country counterparts and designation of focal points (letter to NWMs and NSOs)
Focal points designated by countries (NWMs and/or NSOs)
Questionnaire with 44 questions sent to focal points (NWMs and/or NSOs) and
completed
Verification of data including information (eg national legal sources) compiled by
World Bank Group and OECD Development Centre
Final validation of data with country counterparts/focal points (NWMs and/or
NSOs)
Answers finalized after validation
To date, 38 countries have designated focal
points and 27 questionnaires
completed
PROCESS FOR DATA COLLECTION AND VALIDATION
Pilot data validation in 14 countries
Validation processes underway in rest of countries
• 44 yes/no questions
• Yes => 1
• No => 0
• Scoring methodology is the unweighted average of the questions under each area of
law calculated by:
𝐴𝑖 =𝑞1+⋯+𝑞𝑚𝑖
𝑚𝑖
• Results of the four areas reported as percentages per area of law. The score (number
between 0 and 100) represents the percentage of achievement in that area, with 100
being best practice met on all questions in the area.
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𝐴𝑖 : area of law 𝑖 𝑚𝑖 : number of questions under area of law 𝑖 𝑞1 + ⋯ + 𝑞𝑚𝑖
: sum of the coded questions under area of law 𝑖
SCORING
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Yes => 1
No => 0
PILOT RESULTS: EXAMPLE FROM AUSTRALIA1
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Questions Answers Comments
If customary law is a valid source of law under the
constitution, is it invalid if it violates constitutional
provisions on equality or nondiscrimination?
N/A
If personal law is a valid source of law under the
constitution, is it invalid if it violates constitutional
provisions on equality or nondiscrimination?
N/A
Is there a discrimination law that prohibits both direct
and indirect discrimination against women?
Yes Australia: Sex Discrimination Act 1984 (Cth)
Do women and men enjoy equal rights and access to
hold public and political office (legislature, executive,
judiciary)?
Yes Australia: There are no applicable restrictions
Are there quotas for women (reserved seats) in national
parliament?
No
Are there quotas for women in candidate lists for
national parliament?
No
Do women and men have equal rights to confer
citizenship to their spouses and their children?
Yes Australia: Citizenship Act 2007 (Cth)
Does the law establish a specialized independent body
tasked with receiving complaints of discrimination based
on gender?
Yes Australia: Australian Human Rights Commission
established under the Australian Human Rights
Commission Act 1986 (Cth)
𝐴1 𝐴𝑈𝑆 =1+1+0+⋯+1
13 = 73%
𝐴2 𝐴𝑈𝑆 =1+1+1+⋯+1
12 = 100%
𝐴3 𝐴𝑈𝑆 =1+1+1+⋯+1
8 = 100%
𝐴4 𝐴𝑈𝑆 =1+1+0+⋯+1
11 = 82%
The score (between 0 and 100) represents the
percentage of achievement in each area,
with 100 being best practice met on all
questions in the area.
1 The names of countries and territories used in this presentation follow the practice of the United Nations.
Pilot data collection and validation with country focal points carried out in 14 countries
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PILOT: GLOBAL RESULTS
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68% 69%
85%
79%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Overarching legalframeworks & public life
Violence against women Employment & economicbenefits
Marriage & family
Pilot data collection and validation with country focal points carried out in 14 countries
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PILOT: COUNTRY RESULTS
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0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Australia CostaRica
Côted'Ivoire
Denmark Finland Germany Greece Iraq Kenya Lithuania Mexico Serbia Slovenia Sweden
Overarching legal frameworks and public life Violence against women
Employment and economic benefits Marriage and family
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ON GOING ENGAGEMENT
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Country/territory Pilot On going Outreach Country/territory Pilot On going Outreach Country/territory Pilot On going Outreach
Albania ѵ Fiji ѵ Paraguay ѵ
Argentina ѵ Finland ѵ Peru ѵ
Armenia ѵ France ѵ Philippines ѵ
Australia ѵ Germany ѵ Russian Federation ѵ
Azerbaijan ѵ Ghana ѵ Rwanda ѵ
The Bahamas ѵ Greece ѵ Senegal ѵ
Bahrain ѵ Guatemala ѵ Serbia ѵ
Bangladesh ѵ India ѵ Slovenia ѵ
Barbados ѵ Indonesia ѵ South Africa ѵ
Belarus ѵ Iraq ѵ Spain ѵ
Belize ѵ Jamaica ѵ Sri Lanka ѵ
Benin ѵ Jordan ѵ State of Palestine ѵ
Brazil ѵ Kazakhstan ѵ Sweden ѵ
Bulgaria ѵ Kenya ѵ Tajikistan ѵ
Burkina Faso ѵ Lao PDR ѵ Tanzania ѵ
Cabo Verde ѵ Lebanon ѵ Thailand ѵ
Cambodia ѵ Lithuania ѵ Togo ѵ
Cameroon ѵ Madagascar ѵ Trinidad and Tobago ѵ
Canada ѵ Malawi ѵ Tunisia ѵ
Chile ѵ Malaysia ѵ Turkey ѵ
China ѵ Mexico ѵ UAE ѵ
Colombia ѵ Mongolia ѵ Uganda ѵ
Costa Rica ѵ Morocco ѵ Ukraine ѵ
Côte d’Ivoire ѵ Mozambique ѵ United Kingdom ѵ
Croatia ѵ Myanmar ѵ United States ѵ
Denmark ѵ Nepal ѵ Uruguay ѵ
Dominican Republic ѵ Netherlands ѵ Uzbekistan ѵ
Ecuador ѵ Nigeria ѵ Vietnam ѵ
Egypt ѵ Pakistan ѵ Zimbabwe ѵ
El Salvador ѵ Panama ѵ
Data validation process as of June 2018
The methodology has policy relevance for countries:
Drawn from international legal standards
Engagement with country counterparts (NWMs and/or NSOs)
Easily implemented
Valuable in informing
Comparable globally
SUPPORT COUNTRIES TO ACHIEVE SDG 5 BY 2030
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QUESTIONS?
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Gaëlle Ferrant
Léa Fuiret
Janette Amer
Caitlin Boyce
Christina Heliotis
Tanya Primiani
www.genderindex.org www.unwomen.org wbl.worldbank.org