GENDER EQUALITY IN LEGAL FRAMEWORKS: EXPERIENCE FROM …€¦ · Goal 5: Achieve gender equality and empower all women and girls Target 5.1: End all forms of discrimination against

GENDER EQUALITY IN LEGAL

FRAMEWORKS:

EXPERIENCE FROM THE DEVELOPMENT

OF SDG INDICATOR 5.1.1

Goal 5: Achieve gender equality and empower all women and girls Target 5.1: End all forms of discrimination against women and girls everywhere Indicator 5.1.1 “Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex”

INDICATOR 5.1.1: TRACK PROGRESS ON TARGET 5.1

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WEBINAR OUTLINE

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• Presentations Background information on SDG 5.1.1

Methodology developed for SDG 5.1.1

Pilot results

Policy relevance for countries

• Questions and answers Send your questions through the chat!

NB: The webinar will be recorded and available on www.wikigender.org

Removing discriminatory laws and putting in place legal frameworks that advance gender equality are prerequisites to

ending discrimination against women and achieving gender equality.

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LEGAL FRAMEWORKS & ENABLING ENVIRONMENT

Legal frameworks

Non-discriminatory social norms

Non-discriminatory

practices

UN Women, World Bank Group and OECD Development Centre implemented a series of activities

to develop the methodology:

DEVELOPED THROUGH A SERIES OF ACTIVITIES

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Feb-May 2016 Commissioned background paper

June 2016 Expert workshop with national and international experts, IAEG SDGs

members

July-Dec 2016 Development of questionnaire

Dec 2016-Sept 2017 Pilot data collection in 89 countries

May-Sept 2017 Development of guidelines

Sept-Nov 2017 Data from pilot verified and checked

Dec 2017-Mar 2018 Data validation in 14 countries (final check with NWMs/NSOs)

April 2018 Presentation to the Inter-agency and Expert Group on SDG Indicators

(IAEG-SDGs)

• Equality and non-discrimination on the basis of sex are

core principles under the international legal and policy

framework, including the CEDAW Convention and Beijing

Platform for Action

• Areas of law and questions under indicator 5.1.1 were

developed on the basis of the commitments under this

framework

• Primary sources of information relevant for indicator 5.1.1

are legislation and policy/action plans

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BASED ON INTERNATIONAL AGREEMENTS/CONVENTIONS

FOUR KEY AREAS (sample questions)

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Overarching Legal Frameworks &

Public Life

• Promote

• Is customary law invalid if it violates Constitutional provisions on equality?

• Are there quotas for women in national parliament?

• Enforce/Monitor

• Does the law establish a specialized independent body tasked with receiving complaints of gender discrimination?

Violence against Women

• Promote

• Is there legislation that specifically addresses sexual harassment?

• Enforce/Monitor

• Are there budgetary commitments by government entities for the implementation of legislation addressing violence against women?

Employment & Economic Benefits

• Promote

• Does the law mandate non-discrimination on the basis of gender in employment?

• Does the law mandate equal remuneration for work of equal value?

• Enforce/Monitor

• Is childcare publicly provided or subsidized?

Marriage & Family

• Promote

• Do women and men have equal rights to enter marriage and initiate divorce?

• Enforce/Monitor

• Is marriage under the legal age void or voidable?

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Request for engagement with country counterparts and designation of focal points (letter to NWMs and NSOs)

Focal points designated by countries (NWMs and/or NSOs)

Questionnaire with 44 questions sent to focal points (NWMs and/or NSOs) and

completed

Verification of data including information (eg national legal sources) compiled by

World Bank Group and OECD Development Centre

Final validation of data with country counterparts/focal points (NWMs and/or

NSOs)

Answers finalized after validation

To date, 38 countries have designated focal

points and 27 questionnaires

completed

PROCESS FOR DATA COLLECTION AND VALIDATION

Pilot data validation in 14 countries

Validation processes underway in rest of countries

• 44 yes/no questions

• Yes => 1

• No => 0

• Scoring methodology is the unweighted average of the questions under each area of

law calculated by:

𝐴𝑖 =𝑞1+⋯+𝑞𝑚𝑖

𝑚𝑖

• Results of the four areas reported as percentages per area of law. The score (number

between 0 and 100) represents the percentage of achievement in that area, with 100

being best practice met on all questions in the area.

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𝐴𝑖 : area of law 𝑖 𝑚𝑖 : number of questions under area of law 𝑖 𝑞1 + ⋯ + 𝑞𝑚𝑖

: sum of the coded questions under area of law 𝑖

SCORING

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Yes => 1

No => 0

PILOT RESULTS: EXAMPLE FROM AUSTRALIA1

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Questions Answers Comments

If customary law is a valid source of law under the

constitution, is it invalid if it violates constitutional

provisions on equality or nondiscrimination?

N/A

If personal law is a valid source of law under the

constitution, is it invalid if it violates constitutional

provisions on equality or nondiscrimination?

N/A

Is there a discrimination law that prohibits both direct

and indirect discrimination against women?

Yes Australia: Sex Discrimination Act 1984 (Cth)

Do women and men enjoy equal rights and access to

hold public and political office (legislature, executive,

judiciary)?

Yes Australia: There are no applicable restrictions

Are there quotas for women (reserved seats) in national

parliament?

No

Are there quotas for women in candidate lists for

national parliament?

No

Do women and men have equal rights to confer

citizenship to their spouses and their children?

Yes Australia: Citizenship Act 2007 (Cth)

Does the law establish a specialized independent body

tasked with receiving complaints of discrimination based

on gender?

Yes Australia: Australian Human Rights Commission

established under the Australian Human Rights

Commission Act 1986 (Cth)

𝐴1 𝐴𝑈𝑆 =1+1+0+⋯+1

13 = 73%

𝐴2 𝐴𝑈𝑆 =1+1+1+⋯+1

12 = 100%

𝐴3 𝐴𝑈𝑆 =1+1+1+⋯+1

8 = 100%

𝐴4 𝐴𝑈𝑆 =1+1+0+⋯+1

11 = 82%

The score (between 0 and 100) represents the

percentage of achievement in each area,

with 100 being best practice met on all

questions in the area.

1 The names of countries and territories used in this presentation follow the practice of the United Nations.

Pilot data collection and validation with country focal points carried out in 14 countries

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PILOT: GLOBAL RESULTS

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68% 69%

85%

79%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Overarching legalframeworks & public life

Violence against women Employment & economicbenefits

Marriage & family

Pilot data collection and validation with country focal points carried out in 14 countries

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PILOT: COUNTRY RESULTS

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0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Australia CostaRica

Côted'Ivoire

Denmark Finland Germany Greece Iraq Kenya Lithuania Mexico Serbia Slovenia Sweden

Overarching legal frameworks and public life Violence against women

Employment and economic benefits Marriage and family

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ON GOING ENGAGEMENT

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Country/territory Pilot On going Outreach Country/territory Pilot On going Outreach Country/territory Pilot On going Outreach

Albania ѵ Fiji ѵ Paraguay ѵ

Argentina ѵ Finland ѵ Peru ѵ

Armenia ѵ France ѵ Philippines ѵ

Australia ѵ Germany ѵ Russian Federation ѵ

Azerbaijan ѵ Ghana ѵ Rwanda ѵ

The Bahamas ѵ Greece ѵ Senegal ѵ

Bahrain ѵ Guatemala ѵ Serbia ѵ

Bangladesh ѵ India ѵ Slovenia ѵ

Barbados ѵ Indonesia ѵ South Africa ѵ

Belarus ѵ Iraq ѵ Spain ѵ

Belize ѵ Jamaica ѵ Sri Lanka ѵ

Benin ѵ Jordan ѵ State of Palestine ѵ

Brazil ѵ Kazakhstan ѵ Sweden ѵ

Bulgaria ѵ Kenya ѵ Tajikistan ѵ

Burkina Faso ѵ Lao PDR ѵ Tanzania ѵ

Cabo Verde ѵ Lebanon ѵ Thailand ѵ

Cambodia ѵ Lithuania ѵ Togo ѵ

Cameroon ѵ Madagascar ѵ Trinidad and Tobago ѵ

Canada ѵ Malawi ѵ Tunisia ѵ

Chile ѵ Malaysia ѵ Turkey ѵ

China ѵ Mexico ѵ UAE ѵ

Colombia ѵ Mongolia ѵ Uganda ѵ

Costa Rica ѵ Morocco ѵ Ukraine ѵ

Côte d’Ivoire ѵ Mozambique ѵ United Kingdom ѵ

Croatia ѵ Myanmar ѵ United States ѵ

Denmark ѵ Nepal ѵ Uruguay ѵ

Dominican Republic ѵ Netherlands ѵ Uzbekistan ѵ

Ecuador ѵ Nigeria ѵ Vietnam ѵ

Egypt ѵ Pakistan ѵ Zimbabwe ѵ

El Salvador ѵ Panama ѵ

Data validation process as of June 2018

The methodology has policy relevance for countries:

Drawn from international legal standards

Engagement with country counterparts (NWMs and/or NSOs)

Easily implemented

Valuable in informing

Comparable globally

SUPPORT COUNTRIES TO ACHIEVE SDG 5 BY 2030

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QUESTIONS?

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Gaëlle Ferrant

Léa Fuiret

Janette Amer

Caitlin Boyce

Christina Heliotis

Tanya Primiani

www.genderindex.org www.unwomen.org wbl.worldbank.org