A/HRC/41/43
B.
Objectives
5.
In the present report, the Working Group seeks to achieve one primary and two
secondary objectives. The primary objective is to provide guidance to States and businesses
on integrating a gender perspective in implementing the Guiding Principles. The Working
Group proposes a three-step gender framework – gender-responsive assessment, gendertransformative measures and gender-transformative remedies – and uses the framework to
develop gender guidance specific to each of the 31 guiding principles (see annex).
6.
The two interrelated secondary objectives of the report are: (a) to raise awareness
about the need for gender integration in the business and human rights field; and (b) to
highlight good practices of gender integration implemented by States and businesses.7
C.
Methodology
7.
The gender framework and guidance proposed in the present report and the annex
thereto builds on existing gender equality standards. The adoption of Convention on the
Elimination of All Forms of Discrimination against Women, the Vienna Declaration and
Programme of Action and the Beijing Declaration and Platform for Action reflect the need
to adopt specific measures to achieve substantive gender equality. The standards in the
business and human rights field are becoming increasingly sensitive to gender equality and
women’s rights. The Women’s Empowerment Principles and the OECD Due Diligence
Guidance for Responsible Business Conduct are examples of this trend.8
8.
The report, as well as the compilation of good practices, is also informed by: (a) the
work of various international organizations and United Nations agencies, treaty bodies and
special procedures; (b) submissions made by States, businesses, industry associations, civil
society organizations and academics in response to an open call for input issued by the
Working Group;9 and (c) insights gained at multi-stakeholder regional consultations that the
Working Group convened in Bangkok, Geneva, Mexico City, Nairobi, New Delhi, Ottawa,
Suva and Sydney.10
D.
Scope and limitations
9.
The present report contains gender guidance for States and business enterprises in
relation to all three pillars of the Guiding Principles. The term “gender” refers to socially
constructed roles of and power relations among men, women and gender non-binary
persons, all of whom may be affected differently by business activities. However,
considering that women have historically been discriminated against owing to patriarchal
norms and power structures, the guidance in the report focuses only on women, although
the gender framework proposed herein could be used in relation to any group of rights
holders. The guidance should be read together with other relevant standards, such as the
standards of conduct for business, published by the Office of the United Nations High
Commissioner for Human Rights, aimed at tackling discrimination against lesbian, gay,
bisexual, transgender and intersex persons, and the Children’s Rights and Business
Principles.
10.
The gender guidance provided in the present report is generic in nature: it applies to
all States and to all businesses irrespective of their size, sector, location, operating context,
ownership and structure. However, the development of specific guidance for different types
7
8
9
10
Some specific examples of these good practices will be posted on the Working Group’s website. See
www.ohchr.org/EN/Issues/Business/Pages/GenderLens.aspx.
See also “Stakeholder statement on implementing gender-responsive due diligence and ensuring the
human rights of women in mineral supply chains”. Available at https://mneguidelines.oecd.org/
Stakeholder-Statement-Implementing-Gender-Responsive-Due-Diligence-and-ensuring-humanrights-of-women-in-Mineral-Supply-Chains.pdf.
See www.ohchr.org/EN/Issues/Business/Pages/2018Survey2.aspx.
See www.ohchr.org/EN/Issues/Business/Pages/GenderLens.aspx.
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents