Question

What are the legal bases that promote gender equality and how does each protect
human rights and differences?

Answer 1

AnswerThe United Nations is instrumental in the promotion of a system based on the rule of law at the international level, anchored in the Charter and framed by the corpus of international treaties and justice mechanisms developed under its auspices. In the context of international human rights law, the rule of law requires that legal processes, institutions and substantive norms are consistent with human rights, including the core principles of non-discrimination and equality under the law. The advancement of the rule of law at the national and international levels is thus essential for the protection of human rights and all fundamental freedoms.Gender equality is at the very heart of human rights and United Nations values. Protecting and promoting women’s human rights is the responsibility of all States. Yet, many women around the world continue to experience discrimination in many forms, for example:

• Laws and policies prohibit women from equal access to land, property, and housing;
• Economic and social discrimination;
• Gender-based violence;
• Denial of sexual and reproductive health rights;
• Discrimination based on sex is prohibited under almost every human rights treaty, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which under their common article 3 provide for the rights to equality between men and women in the enjoyment of all rights. In addition, the Convention on the Elimination of Discrimination Against Women (CEDAW) is dedicated to the realization of women’s human rights. Considered the international bill of rights for women, the Convention defines what constitutes discrimination against women and sets an agenda for national action to end such discrimination.

In 2000, the Security Council adopted resolution 1325 on Women, Peace and Security, which calls for the increased participation of women and the incorporation of gender perspectives in all UN peace and security efforts (including participation of women in decision-making and peace processes, gender perspectives in training and peacekeeping and gender mainstreaming in UN reporting systems). Since then, the UN Security Council has adopted several resolutions on women, peace and security. In 2008, it adopted landmark Resolution 1820 (2008), the first devoted to addressing sexual violence in conflict situations. The subsequent follow-up resolutions, 1888 (2009), 1889 (2009), 1960 (2010), have focused on preventing and responding to conflict-related sexual violence, and have established the United Nations architecture to this end, including the appointment of the special representative on sexual violence in conflict and the establishment of a Team of Experts on the Rule of Law and Sexual Violence in Conflict.

Explanation:

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