Report - Office of the High Commissioner on Human Rights

Preventative measures: Goals
<strong>of</strong> substantive equality
CEDAW
• Article 5: States Parties shall take all appropriate
measures:
(a) To modify <strong>the</strong> social and cultural patterns <strong>of</strong>
conduct <strong>of</strong> men and women, with a view to
achieving <strong>the</strong> elimination <strong>of</strong> prejudices and
customary and all o<strong>the</strong>r practices which are based
on <strong>the</strong> idea <strong>of</strong> <strong>the</strong> inferiority or <strong>the</strong> superiority <strong>of</strong>
ei<strong>the</strong>r <strong>of</strong> <strong>the</strong> sexes or on stereotyped roles for
men and women
The goal is to promote social change – to change
<strong>the</strong> gender ideology that supports women’s inequality
Cultural change is necessary
for women’s equality
• How would you respond to someone who defends
discrimination against women because it is
culturally acceptable
– Culture, like domestic laws, does not provide an
excuse for avoiding international legal obligations
• “A party may not invoke <strong>the</strong> provisions <strong>of</strong> its
internal law as justification for its failure to
perform a treaty” (Vienna Convention on <strong>the</strong> Law
<strong>of</strong> Treaties article 27)
– Look at <strong>the</strong> real implications for women – rights
are interdependent
– Question <strong>the</strong> gender ideology that makes culture
look natural and immutable
Summary
• To achieve women’s equality and non-discrimination
in <strong>the</strong> enjoyment <strong>of</strong> housing and land rights, we
need to:
– Adopt laws and policies aimed at realizing
women’s substantive equality, including affirmative
action measures
– Adopt measures that create an enabling
environment for women’s substantive equality
– Change social and cultural beliefs that justify
<strong>the</strong> secondary status <strong>of</strong> women
– Tackle intersectional forms <strong>of</strong> discrimination
against women
80 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND