Women s Rights are Human Rights Women s Rights are …
Women's Rights are Human Rights
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Women's Rights are Human Rights
New York and Geneva, 2014
WOMEN'S RIGHTS ARE HUMAN RIGHTS NOTE The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a figure indicates a reference to a United Nations document.
HR/PUB/14/2 UNITED NATIONS PUBLICATION SALES NO. E.14.XIV.5 ISBN 978-92-1-154206-6 E-ISBN 978-92-1-056789-3 ? 2014 UNITED NATIONS ALL WORLDWIDE RIGHTS RESERVED
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CONTENTS
INTRODUCTION.......................................................................... 1
I. PROTECTION OF THE HUMAN RIGHTS OF WOMEN UNDER INTERNATIONAL LAW............................................................. 3 A. International human rights instruments................................ 4 B. Regional instruments......................................................... 7
II. GLOBAL COMMITMENTS........................................................ 11 A. Vienna Declaration and Programme of Action..................... 12 B. International Conference on Population and Development..... 12 C. Beijing Declaration and Platform for Action......................... 13 D. Millennium Development Goals......................................... 14 E. United Nations Conference on Sustainable Development...... 15
III. UNITED NATIONS BODIES....................................................... 19 A. The Human Rights Council and its mechanisms.................... 19 B. The Security Council......................................................... 21 C. The Commission on the Status of Women............................ 21
IV. KEY CONCEPTS...................................................................... 25 A. The public-private divide................................................... 26 B. Universality of human rights.............................................. 27 C. Non-discrimination and equality between women and men... 29 D. Equality and equity.......................................................... 33 E. Gender........................................................................... 35 F. Intersectionality and multiple forms of discrimination............ 37
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WOMEN'S RIGHTS ARE HUMAN RIGHTS
V. THE HUMAN RIGHTS FRAMEWORK IN PRACTICE..................... 41 A. Women's rights in public and political life........................... 43 B. Sexual and reproductive health and rights.......................... 50 C. Women's right to an adequate standard of living................. 62 D. Violence against women................................................... 73 E. Impact of migration and displacement on the enjoyment of women's rights................................................................ 86 F. Women's human rights in conflicts and crises ..................... 92 G. Women's access to justice................................................. 109
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INTRODUCTION
Attaining equality between women and men and eliminating all forms of discrimination against women are fundamental human rights and United Nations values. Women around the world nevertheless regularly suffer violations of their human rights throughout their lives, and realizing women's human rights has not always been a priority. Achieving equality between women and men requires a comprehensive understanding of the ways in which women experience discrimination and are denied equality so as to develop appropriate strategies to eliminate such discrimination.
The United Nations has a long history of addressing women's human rights and much progress has been made in securing women's rights across the world in recent decades. However, important gaps remain and women's realities are constantly changing, with new manifestations of discrimination against them regularly emerging. Some groups of women face additional forms of discrimination based on their age, ethnicity, nationality, religion, health status, marital status, education, disability and socioeconomic status, among other grounds. These intersecting forms of discrimination must be taken into account when developing measures and responses to combat discrimination against women.
This publication provides an introduction to women's human rights, beginning with the main provisions in international human rights law and going on to explain particularly relevant concepts for fully understanding women's human rights. Finally, selected areas of women's human rights are examined together with information on the main work of United Nations human rights mechanisms and others pertaining to these topics. The aim of the publication is to offer a basic understanding of the human rights of women as a whole, but because of the wide variety of issues relevant to women's human rights, it should not be considered exhaustive.
I.
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Protection of the human rights of women under international law
Since the founding of the United Nations, equality between men and women has been among the most fundamental guarantees of human rights. Adopted in 1945, the Charter of the United Nations sets out as one of its goals "to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, [and] in the equal rights of men and women". Furthermore, Article 1 of the Charter stipulates that one of the purposes of the United Nations is to promote respect for human rights and fundamental freedoms "without distinction as to race, sex, language or religion". This prohibition of discrimination based on sex is repeated in its Articles 13 (mandate of the General Assembly) and 55 (promotion of universal human rights).
In 1948, the Universal Declaration of Human Rights was adopted. It, too, proclaimed the equal entitlements of women and men to the rights contained in it, "without distinction of any kind, such as ... sex, ...." In drafting the Declaration, there was considerable discussion about the use
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