Working
Group on Women and Human Rights
Priority
Issues in the Race and Women Agreed Conclusions
This
document is designed to assist delegates in their deliberations
on Tuesday 13 March. It is a broadly directed paper, and will be
amended with a line-by-line analysis late Tuesday 13 March in light
of the Secretariat text.
There
are two key issues, which need to be addressed in the Agreed Conclusions
- The
development of an 'intersectional analysis' and its application
to the recommendations in the Agreed Conclusions
- Recommendations
to the CSW for effective NGO participation
Intersectional
Analysis
What
is an intersectional analysis?
Simply
put, an intersectional analysis recognizes that women experience
discrimination for many reasons. It is not always possible to examine
a situation and say with certainty that there is only one cause
of discrimination it could be a mixture of the woman's race, age
and other factors that cause her discrimination.
It
is important to apply an intersectional analysis and methodology
in the work of the CSW because in preparing policy and programmatic
responses to women, the full diversity of women's experiences needs
to be considered.
An
intersectional analysis is not a new concept, but is based on fundamental
principles of international law and human rights law [see below
for international legal sources].
For
example, in relation to Item 1 for 2002 of the Work program of the
CSW, agreed to yesterday relates to the eradication of poverty.
An intersectional analysis approach to this agenda might include
recommendations to ''implement permanent and systematic research
into poverty and its social implications taking into account gender,
race, ethnicity, caste, social class, age, and other factors.
What
are other ways to talk about intersectional analysis?
- An
understanding of gender mainstreaming which includes differences
between women and men as well as among women
- Multiple
forms of discrimination
- Diversity
among women
- Multiple
barriers
- Women
face barriers to full equality and advancement for a variety of
factors
- Cross
cutting factors
- Multiple
disadvantage
What
sort of language can the CSW adopt to support an intersectional
analysis?
.gender
mainstreaming applies not only to differences between women and
men, but also to differences within the general category of women
[from Thematic Issues before the CSW, E/CN.6/2001/9 paragraph 96]
.gender
mainstreaming applies not only to differences between women and
men, but also to differences within the general category of women,
such as class, caste, race, colour, ethnicity, religion, national
origin, age and disability, or because they are indigenous women
or of other status. [from Thematic Issues before the CSW, E/CN.6/2001/9
paragraph 96 and Outcomes Document, paragraph 5]
.adopt
policies and programmes which recognise the multiple barriers women
may face in realising their full equality and advancement. [paragraph
32 PFA and paragraph 5, OD]
The
CSW will apply an intersectional methodology to its mainstreaming
work which will comprise the following components:
1.
Data Collection
2.
Contextual Analysis
3.
Intersectional Review of Policy Initiatives and Systems of Implementation
4.
Implementation of Intersectional Policy Initiatives
.adopt
policies and programmes which recognise the full diversity of women.
.adopt
policies and programmes which recognise the multiple forms of discrimination
women may face.
What
sort of actions can the CSW adopt to support an intersectional analysis?
- The
document Thematic Issues before the CSW E/CN.6/2001/9 contains
many useful actions directed at the UN system, the Security Council,
the CSW the Human Rights treaty bodies and special mechanisms
and the WCAR. We urge the governments to adopt these recommendations
in their final agreed conclusions.
- Actions
focused on institutionalising an intersectional analysis are the
most effective means of further elaborating this approach, and
ensuring that
the CSW is able to deliver on its mandated role to promote women's
rights.
What
are the International legal sources grounding an intersectional
analysis?
- UN
Charter
The Charter calls for 'Universal respect for, and observance of,
human rights and fundamental freedoms for all without distinction
as to race, sex, language, or religion' [Article 55 C]
- International
Covenant on Civil and Political Rights and the International Covenant
on Economic, Social and Cultural Rights
The Covenants apply to all individuals 'without distinction
of any kind, such as race, colour, sex, language..or other status'
[Article 2] and that 'States Parties undertake to ensure the equal
rights of men and women to the rights in the Covenant' [Article
3]
- The
Convention on the Rights of the Child
Prohibits discrimination on the basis of the child's or his or
her parent's or legal guardian's race, colour, sex, language,
religion, political or other opinion, national, ethnic or social
origin, property, disability, birth or other status [Article 2]
- PFA
Paragraph 9
Ensure the full implementation of the human rights of women
and of the girl child as an inalienable, integral and indivisible
part of all human rights and fundamental freedoms [reaffirming
the Vienna Program of Action]
- Human
Rights Committee General Comment 18 on equality
Paragraph 6 recognises that for the purposes of the International
Covenant on Civil and Political Rights the discrimination provisions
shall be interpreted according to the definitions in CERD and
CEDAW.
- Beijing
Platform for Action
Intensify efforts to ensure equal enjoyment of all human rights
and fundamental freedoms for all women and girls who face multiple
barriers to their empowerment and advancement because of such
factors as their race, age, language, ethnicity, culture, religion,
or disability, or because they are indigenous people' [paragraph
32]
-
23rd GA Special Session Outcomes Document
paragraph 5 recognizes that women face barriers to full equality
and advancement for a diversity of reasons
-
CERD General Comment 25 on Gender related dimensions of racial
discrimination
- CEDAW
contribution to WCAR in E/CN.6/2001.CRP.1
NGO
PARTICIPATION IN WCAR AND CSW
Effective
NGO participation in the WCAR is an essential part of the partnerships
approach to addressing women's equality, development and peace,
mandated most recently by the 23rd Special Session of
the General Assembly Outcomes Document. If NGOs are to participate
in the implementation of strategies at local levels, it is vital
they should be able to participate in the development of such strategies
at global levels.
We
urge governments to consider the following recommendation to the
WCAR:
- Modalities
to ensure effective NGO participation in the World Conference
Against Racism, including by women's and community based organisations
representing the diversity of women's experiences, should be adopted.
- Recognise
and support the critical role played by non-governmental organisations
and members of civil society, including members of marginalised
groups, in preventing and combating racism, racial discrimination,
xenophobia and related intolerance and support their activities
with necessary resources
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