Wrongful gender stereotyping is a pervasive human rights violation. As this report shows, it is a frequent cause of discrimination against women and a contributing factor in violations of rights ranging from the right to an adequate standard of living through to the freedom from gender-based violence. Yet, despite the substantial harm they have caused, gender stereotypes and gender stereotyping are often misunderstood in human rights discourses. It is significant, for instance, that gender stereotyping is regularly overlooked as the cause of human rights violations, gender stereotypes are frequently misidentified, if they are identified at all, and there is little in-depth discussion of the myriad ways in which gender stereotypes and gender stereotyping harm women. Moreover, there is surprisingly limited awareness of the full extent and breath of international human rights obligations related to stereotypes and stereotyping, with much of the focus to date limited only to the obligations enumerated in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). This is in spite of the fact that it is not the only international human rights treaty to impose obligations related to stereotypes and stereotyping. It is also in spite of the fact that many of the human rights treaty bodies have recognised that the rights to non-discrimination and equality – and through them, other rights and freedoms – contain an implied obligation to address harmful stereotypes and wrongful stereotyping.
A number of UN human rights mechanisms, including, most notably, the Committee on the Elimination of Discrimination against Women (CEDAW Committee), have increasingly shed important light on the grave and/or systematic harms of gender stereotypes and gender stereotyping. The work of these mechanisms has helped to propel the issue of gender stereotyping onto the international human rights stage and has been an important factor that has helped to encourage other mechanisms to give this issue serious attention. The important ground work of these mechanisms will help to move the conversation about gender stereotypes and gender stereotyping into its next phase, one in which there is widespread understanding of the key concepts of gender stereotypes and gender stereotyping and a keen and sophisticated awareness of the broad-ranging international human rights obligations related to stereotypes and stereotyping. But, for now, much more work is needed to prioritise stereotypes and stereotyping as a human rights concern and, in this, there is an important and significant leadership role for the Office of the High Commissioner for Human Rights (OHCHR) to play.
Opportunities for the OHCHR to play a leadership role on the issue of gender stereotyping are explored in the policy paper that accompanies this research report. The policy paper acknowledges that this leadership role begins within the OHCHR itself. It is important, it is suggested, that the OHCHR prioritises stereotypes and stereotyping in its overall work plan and commits each of its sections to incorporate a focus on stereotypes and stereotyping into their work. It is further suggested that the OHCHR should take steps to raise the profile of stereotyping as a human rights issue, including by creating a flagship publication on stereotyping, conducting research that highlights the negative impact of gender stereotyping within specific contexts (e.g., the judiciary), and undertaking or commissioning research on good practice examples of addressing stereotypes and stereotyping. In addition, in order to ensure that the OHCHR does not inadvertently reinforce or perpetuate stereotypes through its own work, it is recommended that it should incorporate a focus on stereotypes and stereotyping in its induction and training of staff and ensure that its processes for reviewing resources prior to publication take stereotypes and stereotyping into account. It is further recommended that the OHCHR consider how any existing and new projects or programs might help in the modification or transformation of harmful stereotypes and the elimination of wrongful stereotyping.
The OHCHR’s leadership role on gender stereotyping should extend to its work supporting the treaty bodies. A key first step is for the OHCHR to encourage and support the CEDAW Committee to develop a General Recommendation on the obligations of States Parties to address stereotypes and stereotyping. The OHCHR should also consider developing a briefing note on stereotypes and stereotyping for all existing and incoming experts appointed to human rights treaty bodies. Moreover, the OHCHR should advocate that the next Annual Meeting of Chairpersons of Human Rights Treaty Bodies considers the “harmonisation of treaty body approaches to harmful stereotypes and wrongful stereotyping.” Just like with the treaty bodies, the OHCHR can show leadership on stereotyping through its work supporting the special procedures of the UN Human Rights Council. Steps in this area could include encouraging the special procedures to issue a joint statement on stereotyping, developing a briefing note for all existing and incoming special procedures, exploring opportunities to support special procedures interested in addressing stereotyping and facilitating opportunities to promote the reports of special procedures that examine the impact of stereotyping on human rights. It might also include identifying “challenges and best practices in addressing harmful gender stereotypes and wrongful gender stereotyping” as a topic for discussion at the Council’s annual full-day discussion on women’s human rights and at other high profile human rights forums. More broadly, the OHCHR should advocate that key human rights forums, like the Commission on the Status of Women, consider stereotyping as a key issue for discussion. It should also identify and strengthen opportunities for collaboration on stereotyping with other UN agencies, National Human Rights Institutions, States Parties and non-governmental organisations.
The OHCHR occupies a unique position to raise awareness of the issue of gender stereotyping and the myriad ways this practice undermines the recognition, exercise and enjoyment of women’s human rights. Significantly, it can leverage its role supporting the human rights treaty bodies and special procedures to encourage them also to raise awareness of this important, but often misunderstood and overlooked, issue that threatens the full realisation of women’s human rights and fundamental freedoms. Moving beyond recognition that gender stereotyping is an obstacle to women’s rights to meaningful progress in implementing human rights obligations to address harmful stereotypes and wrongful stereotyping will require all of us – treaty bodies, special procedures, States Parties, civil society and academics – to give this issue the serious attention it deserves. The OHCHR can be a decisive force in bringing about this change, provided it prioritises stereotyping through its work.
Gender stereotyping as a human rights violation - Report
Извор: WUNRN – 10.03.2014
