A/HRC/15/40
participation, access to decision-making processes, inheritance, ownership of land, financial
services, including loans, and nationality and legal capacity”, among other areas.22
III.
Addressing discrimination against women throughout the
United Nations human rights system
24.
The United Nations human rights system has made significant progress in giving the
human rights of women greater prominence. Calls to give the human rights of women and
the gender dimension of human rights increased attention preceded the Vienna World
Conference on Human Rights and the Beijing Fourth World Conference on Women, but
those conferences gave major impetus to efforts to include issues of gender on the so-called
“mainstream” human rights agenda.
25.
This enhanced attention resulted in the adoption of gender-specific normative
instruments addressing discrimination against women and encouraged the strengthening of
procedures to monitor national efforts to ensure the equality of women and consider claims
of alleged violations of the human rights of women. Of particular importance was the
establishment in 1994 by the Commission on Human Rights of the Special Rapporteur on
violence against women, its causes and consequences, and the adoption by the General
Assembly of the Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women in 1999.
26.
The Commission on the Status of Women has continued its multifaceted analysis of
the situation of women in the world and identified policy responses that will promote their
advancement. The Beijing Platform for Action, and the documents resulting from its
reviews, have provided the framework for much of its work in the last 15 years. While the
human rights of women - including the right to equality before and under the law - form an
important part of that framework, and while the Convention on the Elimination of All
Forms of Discrimination against Women and the Declaration on Violence against Women
are frequently points of reference for its work, a human rights approach forms only part of
the Commission perspective on addressing women’s disadvantage. The original proposal in
1991 for a special rapporteur on discrimination against women, which led ultimately to the
establishment by the Commission on Human Rights of the Special Rapporteur on violence
against women, was that the Commission itself establish the special rapporteur.23
27.
While the Commission has reviewed its communications procedure on several
occasions in the last 20 years, there has been no fundamental change to its nature; the
procedure is primarily a means of providing general information to the Commission to
enable it to identify trends and formulate policy recommendations for itself and the
Economic and Social Council. It is not a mechanism intended to provide a remedy for
individuals who allege that their rights have been violated, or respond directly to allegations
of systematic denials of the rights of women.
28.
In 2007, OHCHR commissioned an analytical study on laws that discriminate
against women and the usefulness of creating a new mechanism to address this issue. The
study entitled “Project on a mechanism to address laws that discriminate against women”,
prepared by Fareda Banda, addresses the compatibility of a new mandate with existing
mechanisms and identifies how the existing mechanisms have addressed de jure
22
23
8
Human Rights Council resolution 12/17, paras 4 and 6.
See E/CN.6/1991/10, paras 149-154.
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