Report - Office of the High Commissioner on Human Rights

Gender Differences:
Common heritage humankind
Gender Non-Discrimination
and Equality in <strong>the</strong> Right to
Adequate Housing
What gender differences are ‘natural’
What gender differences are ‘culturally constructed’
Which group <strong>of</strong> differences is <strong>the</strong> larger
Socially constructed differences are dynamic
– They can vary across cultures and time
– They can change
The ideology <strong>of</strong> gender makes socially constructed differences
seem ‘natural’ and <strong>the</strong>refore unchangeable
The ideology <strong>of</strong> gender manifests in gender roles; gender
relations; and gender identity
Are differences between
women and men a problem
Common language <strong>of</strong> human rights:
What models <strong>of</strong> equality are <strong>the</strong>re
Difference is not itself a problem
Difference only becomes a problem when it justifies
discrimination that results in:
– Unequal power
– Unequal opportunities
– Unequal resources
– Unequal responsibilities
– Unequal rights
Gender differences have historically provided <strong>the</strong> justification
(gender ideology) for discrimination against women and women’s
inequality
Formal/sameness model:
– Women enjoy <strong>the</strong> same rights as men – laws appear
neutral as to sex/gender
Protectionist model:
– Women’s rights are restricted or formulated differently
from men’s to protect women from harm because <strong>the</strong>y are
vulnerable
Substantive/Corrective model:
– Concerned with producing women’s equality in result
Framing rights so <strong>the</strong>y are inclusive <strong>of</strong> women
Recognizing rights that are specific to women
Taking affirmative action measures
Providing enabling conditions – creating a level playing field
What are <strong>the</strong> limitations <strong>of</strong>
<strong>the</strong>se different models
Formal/sameness model – neutral laws:
– Draws from male standards/experience
– Women’s different experience/needs are ignored
– Women may no be able to exercise <strong>the</strong>ir rights because
• It may expose <strong>the</strong>m to violence/hostility
• They cannot access <strong>the</strong> opportunities
• The opportunities conflict with <strong>the</strong>ir o<strong>the</strong>r responsibilities
• The failure <strong>of</strong> women to exercise <strong>the</strong>ir formal equality is <strong>of</strong>ten
interpreted as women making a choice, or as women being
incapable – how could you respond
• While essential, formal equality is not enough because it does
not recognize women’s difference
What are <strong>the</strong> limitations <strong>of</strong> <strong>the</strong>se
different models
Protectionist model:
– Women are denied choice and autonomy
– Women are denied opportunities to develop
– Stereotypes about women’s vulnerability and dependence are
perpetuated
• The justification for adopting a protectionist approach is <strong>of</strong>ten
that it is in <strong>the</strong> best interests <strong>of</strong> women – how could you
respond
• While this approach recognises women’s difference,
it reinforces stereotypes that perpetuate women’s inequality,
<strong>the</strong>refore does not lead to social change
What are <strong>the</strong> limitations <strong>of</strong>
<strong>the</strong>se different models
Substantive/corrective model:
– Few, if any, any limitations
• What are <strong>the</strong> positive features <strong>of</strong> this model
– The standard <strong>of</strong> equality is inclusive <strong>of</strong> women’s experience
– Measures necessary to make up for women’s historical
disadvantage are introduced
– Background impediments are addressed
• One type <strong>of</strong> negative response to this model is that it gives women
unfair advantages; ano<strong>the</strong>r is that it involves extra costs–how could
you respond
• This approach takes account <strong>of</strong> women’s differences in an
empowering way that is consistent with equality
The right to adequate housing in
<strong>the</strong> ICESCR
What model <strong>of</strong> equality is adopted in this
article
• Article 11(1): The States Parties to <strong>the</strong>
present Covenant recognize <strong>the</strong> right <strong>of</strong>
everyone to an adequate standard <strong>of</strong> living
for himself and his family, including
adequate food, clothing and housing, and
to <strong>the</strong> continuous improvement <strong>of</strong> living
conditions.
78 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND