Gender Equality Laws - CEDAW Southeast Asia

SUBSTANTIVE RIGHTS AND OBLIGATIONSIndonesia : Act Concerning Gender Equality and Equity (draft)SUBSTANTIVE AREA RELEVANT PROVISION COMMENTARYEquality andNon-discriminationGender-BasedViolenceStereotyping ofWomen in MediaAct Concerning Gender Equality and Equity (draft).Article 1.• (b). Gender equality and equity refers toa situation where there is a harmonious,matching, balanced partnership betweenmen and women where both have an equalopportunity to access, participate, control andbenefit from development and enjoy its resultsin family life, society, the nation and the State.(c). Gender discrimination refers to socialrelations that reflect disparity in the status, thefunctions and the roles of men and women.Article 2.• (1). Gender equality measures shall ensureequilibrium in terms of quality and quantitybetween men and women as equal partnersin the household and community environmenton the basis of applicable laws and regulationsas well as social and religious norms. (2).Gender equity measures shall be based onjustice for men and women. (3). The Stateguarantees and shall ensure the achievementof gender equality and equity.Article 14(3).• Women shall have the right to the cheapestand easiest legal access and protection if theirrights are violated.Act Concerning Gender Equality and Equity (draft).Article 5.• All forms of family violence shall be settledaccording to the provisions of applicable lawsand regulations.No media provision is included.1. Article 2 (3) places a positive obligation on theState to achieve gender equality and genderequity in accord with Articles 1 and 2 of CEDAW.2. The definitions of gender equality and genderequity appear to imply (through the referenceto the opportunity to enjoy the results ofdevelopment) that the State has an obligationto achieve substantive equality, rather thanmerely formal equality, in accord with Article 1of CEDAW. However, the definition also refersto harmonious and balanced partnership whichcould imply that a division of labour maintainingthe sex roles of men and women is an object ofthe Act rather than equality. Expressly defininggender equality and equity to mean substantiveequality and removing the reference to‘harmonious, matching, balanced partnership’would strengthen the GEL.3. There is no general anti-discrimination clausealthough there are anti-discrimination clauses ineach of the areas covered by the Act (politics,law, government, education), each bindingboth public and private actors in accord withArticle 2 of CEDAW. The inclusion of a generalanti-discrimination clause that extends to allareas of women’s lives (not limited to politics,law, government, education) would strengthenthe Act.4. The definition of discrimination is not in accordwith CEDAW signalling a significant weaknessin the GEL. The express inclusion of directand indirect discrimination, recognition ofother intersections of discrimination such asdisability, marital status etc. and inclusion ofgender-based violence and sexual harassmentin the definition of discrimination would greatlystrengthen the GEL.5. Basing gender equity measures on justice isunclear and may compromise equality. Thisshould be more clearly defined in line withArticles 1 & 2 of CEDAW.Article 5 does not expressly prohibit gender basedviolence and does not set any benchmarks inrelation to domestic violence or any other form ofgender-based violence.For a detailed discussion on the elements necessaryfor good practice GEL in the area of gender-basedviolence please refer to Part 2, 2.2.For a detailed discussion on the elementsnecessary for good practice GEL in the area ofmedia please refer to Part 2, 2.3.84