Gender Focal Point Network Training & Orientation Gender Equality and Human Rights Based Approaches (HRBA) By Cvetan Cvetkovski PRIORITY GENDER EQUALITY

PRIORITY GENDER EQUALITY What is HRBA? HRBA – strategy for realization of human rights (UN Reform –UN Common Understanding 1997) Elements: Goal: All programming should further human rights Process: Human rights standards and principles should guide all aspects of programming Outcome: Human rights standards and principles should support development of capacities of rights-holders to claim their rights and of duty bearers to meet their obligations PRIORITY GENDER EQUALITY

HRBA and Gender Equality Until HRBA, approach to GE largely utilitarian ie. Economic productivity, economic efficiency, participation of half of world population, etc. With HRBA, approach to GE not only in terms of effects but through the lens of basic human rights Women’s Rights are Human Rights PRIORITY GENDER EQUALITY

Advantages of HRBA to GE PRIORITY GENDER EQUALITY Linking gender discrimination to universal doctrines of HR grounds the notion of “fairness” in international law; This triggers, in theory, obligations on the part of states to protect and promote human rights of women; It also places women’s rights in the realm of the UN – to uphold the treaties and conventions; Builds solidarity between defenders of HR and GE. PRIORITY GENDER EQUALITY

Advantages of HRBA to GE (2) PRIORITY GENDER EQUALITY Focus on rights puts new issues and priorities on the development agenda Accountability – state and non state actors as duty bearers Voice and participation – as a right in itself and as means to ensure accountability Empowerment – “citizens”, not beneficiaries Non-discrimination, inclusiveness, equity and equality PRIORITY GENDER EQUALITY

Challenges of HRBA to GE PRIORITY GENDER EQUALITY Accepting GE as a HR vs having it reflected in laws, policies programmes on the ground Much of segregation and discrimination is de facto, not necessarily de jure – legislation and policy necessary but not sufficient Gender discrimination and VAW in the “private sphere” – how far government mechanisms can go to regulate private vs public behaviour HRBA regulates relations between individual and state but fails to address the nuances of gender and other social relations, especially their relational aspects. PRIORITY GENDER EQUALITY

PRIORITY GENDER EQUALITY Interactive exercise Problem in country X Extreme gender disparities in secondary education in rural areas (85% boys against 15% girls) Deeply rooted tradition of arranged early marriages (the average age for marriage is 19 years for men and 13 years for women) Task Develop ideas for a project proposal addressing the issue of gender disparities in secondary education in rural areas in country X by using a rights-based approach to gender equality PRIORITY GENDER EQUALITY

Interactive exercise (cont’d) Some hints to stimulate reflection: - CEDAW provisions Equality of men and women to freely choose a spouse and to enter into marriage only with free and full consent Marriage of a child has no legal effect States’ obligation to specify a minimum age for marriage - UNESCO Convention against discrimination in education: Equal educational opportunities for girls and boys and equal access to continuing education PRIORITY GENDER EQUALITY

International Human Rights instruments PRIORITY GENDER EQUALITY Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) http://www2.ohchr.org/english/law/cedaw.htm General Recommendations of the CEDAW Committee http://www2.ohchr.org/english/bodies/cedaw/comments.htm Universal Declaration of Human Rights (UDHR): http://www.ohchr.org/EN/UDHR/Pages/Introduction.aspx International Covenant on Economic, Social and Cultural Rights (ICESCR) http://www2.ohchr.org/english/law/cescr.htm PRIORITY GENDER EQUALITY

International Human Rights instruments (cont’d) International Covenant on Civil and Political Rights (ICCPR) http://www2.ohchr.org/english/law/ccpr-one.htm For other core international human rights instruments and mechanisms http://www2.ohchr.org/english/law/index.htm#core For an in depth view into HRBA see UN Practitioner’s Portal on HRBA Programming http://hrbaportal.org/ PRIORITY GENDER EQUALITY

PRIORITY GENDER EQUALITY Questions? Thank you! PRIORITY GENDER EQUALITY