Enforcing Rights and Correcting Wrongs - Asia-Pacific Regional ...

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Suggested citation: Rajivan, Anuradha, and Hasna Cheema. 2011. Enforcing Rights and Correcting Wrongs: Overcoming Gender Barriers in Legal Systems. Bangkok: UNDP Asia-Pacific Regional Centre. Copyright© 2011 Human Development Report Unit (HDRU) UNDP Asia-Pacific Regional Centre United Nations Service Building, 3rd Floor Rajdamern Nok Avenue Bangkok 10200 Thailand ISBN: 978-974-680-310-6 All rights reserved. The text and data in this publication may be reproduced as long as the source is cited. Reproduction for commercial purpose is forbidden. The views expressed in this publication are those of the authors and do not necessarily represent those of the United Nations, including UNDP, or their Member States. Design: Inís Communication – www.iniscommunication.com
Contents Acknowledgments 2 Abstract 3 1. Gender Equality In Law 4 1.1 Background and motivation 4 1.2 Legal barriers to gender equality 4 1.3 Legal approaches for gender equality 5 2. Assessing Gender Gaps: Snapshots From Asia-Pacific 6 2.1 Growing prosperity does not automatically redress gender gaps 6 2.2 The male-female survival gap is high and growing 7 2.3 Economic and social rights are poor 8 3. Multiple Influences on Law 9 3.1 Customs and traditional practices 9 3.2 Discrimination through interpretation of religion 10 3.3 Colonial pasts impinge upon the present 11 3.4 National demands for legislative and judicial reforms 12 3.5 International legal standards for gender equality 13 4. Barriers of Laws 15 4.1 Patent barriers 15 4.2 Latent barriers 21 5. Barriers of Access 24 5.1 Barriers to reaching courts 24 5.2 Barriers inside courtrooms 24 5.3 Mixed experiences in customary justice systems 27 6. Redressing Gender Barriers: Enforcing Rights And Correcting Wrongs 28 6.1 Fix institutions 28 6.2 Change attitudes 29 6.3 Establish ongoing assessments 29 6.4 Addressing gender as a barrier 30 Annex 31 Endnotes 54 References 56 Contents 1
Page 1: Enforcing Rights and Correcting Wro
Page 6 and 7: Acknowledgments This paper is based
Page 8 and 9: 1. Gender Equality In Law 1.1 Backg
Page 10 and 11: 2. Assessing Gender Gaps: Snapshots
Page 12 and 13: In fact, a large number of women ar
Page 14 and 15: BOX 1: Laws and Customs Operate Aga
Page 16 and 17: discriminatory legal norms and prac
Page 18 and 19: Outside the Middle East and North A
Page 20 and 21: Developed regions basic rights, reg
Page 22 and 23: BOX 4. Discriminatory Legal Notions
Page 24 and 25: BOX 5. Domestic Violence Declared A
Page 26 and 27: the “education” of their wives
Page 28 and 29: 5. Barriers of Access Apart from th
Page 30 and 31: support for the spouse that he leve
Page 32 and 33: 6. Redressing Gender Barriers: Enfo
Page 34 and 35: 6.4 Addressing gender as a barrier
Page 36 and 37: HDI Rank Countries* Constitution Co
Page 38 and 39: HDI Rank Countries* Constitution Co
Page 40 and 41: Article 11 Take measures to elimina
Page 42 and 43: Table 3: Many Countries Fail to Pro
Page 44 and 45: Table 4: National Commitments to Ad
Page 46 and 47: Main Functions Countries* National
Page 54 and 55:
Main Functions Countries* National
Page 56 and 57:
Main Functions Countries* National
Page 58 and 59:
Endnotes 1 UNDP 2010. 2 Chen and Ra
Page 60 and 61:
References Abbas, Zaffar. 2004. ‘
Page 62 and 63:
Commonwealth of Australia Constitut
Page 64 and 65:
of East Asia: Implications for huma
Page 68:
Exclusion on the basis of gender ha
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