GENDER EQUALITY IN LEGAL FRAMEWORKS: EXPERIENCE FROM THE DEVELOPMENT OF SDG INDICATOR 5.1.1

Transcription

1 GENDER EQUALITY IN LEGAL FRAMEWORKS: EXPERIENCE FROM THE DEVELOPMENT OF SDG INDICATOR 5.1.1

2 INDICATOR 5.1.1: TRACK PROGRESS ON TARGET 5.1 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 Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex 1

3 WEBINAR OUTLINE Presentations Background information on SDG Methodology developed for SDG Pilot results Policy relevance for countries Questions and answers Send your questions through the chat! NB: The webinar will be recorded and available on 2

4 LEGAL FRAMEWORKS & ENABLING ENVIRONMENT Removing discriminatory laws and putting in place legal frameworks that advance gender equality are prerequisites to ending discrimination against women and achieving gender equality. Legal frameworks Nondiscriminatory practices Nondiscriminatory social norms 3 3

5 DEVELOPED THROUGH A SERIES OF ACTIVITIES UN Women, World Bank Group and OECD Development Centre implemented a series of activities to develop the methodology: Feb-May 2016 June 2016 July-Dec 2016 Dec 2016-Sept 2017 May-Sept 2017 Sept-Nov 2017 Dec 2017-Mar 2018 April 2018 Commissioned background paper Expert workshop with national and international experts, IAEG SDGs members Development of questionnaire Pilot data collection in 89 countries Development of guidelines Data from pilot verified and checked Data validation in 14 countries (final check with NWMs/NSOs) Presentation to the Inter-agency and Expert Group on SDG Indicators (IAEG-SDGs) 4

6 BASED ON INTERNATIONAL AGREEMENTS/CONVENTIONS 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 were developed on the basis of the commitments under this framework Primary sources of information relevant for indicator are legislation and policy/action plans 5 5

7 FOUR KEY AREAS (sample questions) Overarching Legal Frameworks & Public Life Violence against Women Employment & Economic Benefits Marriage & Family Promote Promote Promote 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? 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? 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? Do women and men have equal rights to enter marriage and initiate divorce? Enforce/Monitor Is marriage under the legal age void or voidable? 6 6

8 PROCESS FOR DATA COLLECTION AND VALIDATION 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) To date, 38 countries have designated focal points and 27 questionnaires completed 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) Pilot data validation in 14 countries Validation processes underway in rest of countries Answers finalized after validation 7 7

9 SCORING 44 yes/no questions Yes => 1 No => 0 Scoring methodology is the unweighted average of the questions under each area of law calculated by: A i = q 1+ +q mi m i A i : area of law i m i : number of questions under area of law i q q mi : sum of the coded questions under area of law i 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. 8

10 PILOT RESULTS: EXAMPLE FROM AUSTRALIA 1 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 Yes => 1 No => 0 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 A 1 AUS = = 73% Is there a discrimination law that prohibits both direct and indirect discrimination against women? Do women and men enjoy equal rights and access to hold public and political office (legislature, executive, judiciary)? Are there quotas for women (reserved seats) in national parliament? Are there quotas for women in candidate lists for national parliament? Yes Yes No No Australia: Sex Discrimination Act 1984 (Cth) Australia: There are no applicable restrictions A 2 AUS = A 3 AUS = A 4 AUS = = 100% = 100% = 82% Do women and men have equal rights to confer citizenship to their spouses and their children? Yes Australia: Citizenship Act 2007 (Cth) 1 The Does names the law establish of countries a specialized and territories independent used body in this presentation Yes follow the Australia: practice Australian of the United Human Rights Nations. Commission tasked with receiving complaints of discrimination based established under the Australian Human Rights on gender? Commission Act 1986 (Cth) 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. 9 9

11 PILOT: GLOBAL RESULTS Pilot data collection and validation with country focal points carried out in 14 countries 100% 90% 80% 85% 79% 70% 68% 69% 60% 50% 40% 30% 20% 10% 0% Overarching legal frameworks & public life Violence against women Employment & economic benefits Marriage & family 10 10

12 PILOT: COUNTRY RESULTS Pilot data collection and validation with country focal points carried out in 14 countries 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Australia Costa Rica Côte d'ivoire Denmark Finland Germany Greece Iraq Kenya Lithuania Mexico Serbia Slovenia Sweden Overarching legal frameworks and public life Employment and economic benefits Violence against women Marriage and family 11 11

13 ON GOING ENGAGEMENT Data validation process as of June 2018 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 Rw anda 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 Sw eden 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 Malaw i 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 12 12

14 SUPPORT COUNTRIES TO ACHIEVE SDG 5 BY 2030 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 13

15 QUESTIONS? Gaëlle Ferrant Léa Fuiret Janette Amer Caitlin Boyce Christina Heliotis Tanya Primiani wbl.worldbank.org 14 14