Combating Discrimination Against Women

Guest blog by Jacqui Hunt, Equality Now

This session of the Human Rights Council sees the appointment of a new mechanism to promote women’s rights – a working group to focus on discrimination against women in law and practice.  A significant milestone in respect of women’s rights of which the Human Rights Council should be proud, this achievement would not have come about with the widespread partnership of many across civil society and government from all corners of the globe.  From this aspect alone, it is a fitting centenary celebration of International Women’s Day on 8 March. 

However the continuing need for mechanisms to address women’s inequality is also a sobering reminder of the work which remains to be done for women to enjoy the rights and freedoms inalienable to all members of the human family.  First conceived as a rapporteur to address laws that discriminate against women, the working group will focus on discrimination against women in law and in practice.  Law is the fundamental expression of government policy and a government which allows discrimination in law both sends a very clear signal about how a woman should be treated in society and denies her the tools with which to defend herself or promote her well-being.  A focus on this element aims at removing a critical obstacle to a woman’s enjoyment of her life. 

In the past 100 years since the first International Women’s Day, many countries have amended laws to remove legal discrimination against women.  This is to be commended.  But by creating a mechanism to deal more broadly with discrimination, the Human Rights Council has recognised the multiple layers of discrimination faced by women around the world.  Laws which might appear fair could have a discriminatory impact when seen in the context of the practice; laws which should have brought women equality languish for lack of implementation; and the absence of laws can allow abuses to continue unpunished.

To promote real equality, governments must look at the impact and effect of their decisions, including through law, as opposed to addressing issues in neutral terms which can blind us to the reality of women’s lives and needs.   It is not always possible to substitute “men” with “people” and successfully provide for women on an equal basis.  Similarly, policies pursued with the stated aim of protecting women should look more closely to achieving lasting solutions based on enhancing rather than limiting women’s lives.  For example, many laws around the world still prevent women from working in apparently dangerous environments.  Rather than denying women the opportunity to provide for themselves and their families, the focus should instead be on removing the danger.   This could range from introducing health and safety measures protecting all workers, to addressing the risk of violence against women after nightfall instead of telling women to stay at home after dark and effectively punishing them for the behaviour of others.  In seeking out best practice, this new working group can also play an educational role then in providing examples from around the world where solid provision has been made for women to enjoy their fundamental freedoms. 

During the debate in the Human Rights Council last year on the resolution creating the working group, several delegates sought to reassure the Council of their commitment to women’s rights by listing the number of female relatives and loved-ones they had.  It might have provoked a bit of a chuckle, but it made a very important point: we all want the best for those we truly care about.  In evaluating the impact of laws and policies on women, having the best interests of a loved one in mind seems a good place for governments to start.  And the best way to know what those are is to make sure women are comprehensively involved in making those decisions.

Jacqui Hunt is the London Director of Equality Now, an international women’s rights organisation.  www.equalitynow.org