Women and Justice: Keywords

Legislation

Ley 731 de enero 14, 2002 (2002)

Gender discrimination

The purpose of this law is to improve the quality of life of rural women, prioritizing low-income and economically vulnerable women. It promotes and fosters equality between rural men and women, while containing provisions regarding social security, education, and training. As such, the law sets forth i) the right of rural women to participate in financing funds for the development of rural sectors, ii) subsidies in money or kind, iii) programs for adequate education for rural women and iii) their equitable participation in different decision-making, planning, and monitoring bodies at the territorial level.

El objeto de esta ley es mejorar la calidad de vida de las mujeres campesinas, priorizando a las mujeres de escasos recursos y económicamente vulnerables. Promueve y fomenta la igualdad entre hombres y mujeres rurales, al tiempo que contiene disposiciones en materia de seguridad social, educación y capacitación. Así, la ley establece i) el derecho de las mujeres rurales a participar en fondos de financiamiento para el desarrollo de los sectores rurales, ii) subsidios en dinero o en especie, iii) programas para una adecuada educación de las mujeres rurales y iii) su participación equitativa en diferentes órganos de decisión, planificación y seguimiento a nivel territorial.

Lygių galimybių įstatymas (Law on Equal Treatment) (2003)

Gender discrimination, LGBTIQ

The Equal Treatment Act defined and expanded protection against any discrimination and harassment to include, in addition to gender, “race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion.” It also established a duty of state and municipal institutions, educational institutions, and employers to actively prevent discrimination on the previously mentioned grounds. Under Article 13, a person who has suffered such discrimination has the right to claim material and non-material damages. English translation available here.

Šis įstatymas apibrėžė ir išplėtė apsaugą nuo bet kokios diskriminacijos ir priekabiavimo dėl lyties iki „amžiaus, lytinės orientacijos, negalios, rasės ar etninės priklausomybės, religijos ar įsitikinimų”. Taip pat nustatyta valstybės ir savivaldybių institucijų, švietimo įstaigų ir darbdavių pareiga aktyviai užkirsti kelią diskriminacijai dėl anksčiau minėtų priežasčių. Pagal straipsnį 13, asmuo, patyręs tokią diskriminaciją, turi teisę reikalauti turtinės ir neturtinės žalos atlyginimo.

Moterų ir vyrų lygių galimybių įstatymas (Law on Equal Opportunities for Women and Men) (1998)

Employment discrimination, Gender discrimination, Sexual harassment

The purpose of the Equal Opportunities Act is to prohibit any discrimination, harassment, or sexual harassment based on gender within employment, education, consumer protection, social security schemes, and involvement in organizations. It also established a duty of state and municipal institutions, educational establishments, and employers to actively implement equal rights for women and men. It defines the different types of discrimination and establishes that the burden of proving that equal rights were not violated rests within the person or institution against whom a complaint was filed. Under Article 24, a person who has suffered such discrimination has the right to demand pecuniary and non-pecuniary damages following the Civil Code. English translation available here.

Lygių galimybių įstatymo tikslas yra uždrausti bet kokią diskriminaciją, priekabiavimą ar seksualinį priekabiavimą dėl lyties darbe, švietimo institucijose, skelbimuose, socialinės apsaugos sistemoje ir organizacijose. Taip pat nustatyta valstybės ir savivaldybių institucijų, švietimo įstaigų ir darbdavių pareiga aktyviai įgyvendinti lygias moterų ir vyrų teises. Teisės akte apibrėžiamos skirtingos diskriminacijos rūšys ir nustatoma, kad pareiga įrodyti, kad lygios teisės nebuvo pažeistos, tenka asmeniui ar institucijai, prieš kurią buvo pateiktas skundas. Pagal straipsnį 24, asmuo, patyręs tokią diskriminaciją, turi teisę reikalauti turtinės ir neturtinės žalos atlyginimo pagal civilinį kodeksą.

Ligji Nr. 05/L -020 Për Barazi Gjinore (Law No. 05/L -020 on Gender Equality) (2015)

Employment discrimination, Gender discrimination, LGBTIQ, Sexual harassment

Law No. 05/L-020 on Gender Equality promotes gender equality, by defining the relevant concepts, setting forth various measures to protect equal rights of genders, and specifying the institutions responsible for gender equality. The Law defines “woman” and “man” as including any person who considers oneself as such, and describes gender identity – which does not require medical intervention – as a “protected characteristic.” Direct and indirect gender discrimination are prohibited under the Law, including less favorable treatment of women for reasons of pregnancy, maternity, or sexual orientation, and gender-based violence. Harassment and sexual harassment are also forbidden, and whether a person refuses or surrenders to such behavior shall not be used as a basis for a decision affecting that person in a legal proceeding. The Law directs the Kosovo institutions to implement various general measures to achieve gender equality in Kosovo, including gender mainstreaming in all policies and legislation, gender budgeting in all areas, and ensuring recruitment and appointment are consistent with the requirement for equal representation of women and men. In areas where inequities exist, public institutions are further instructed by the Law to take temporary special measures to accelerate the realization of gender equality, including quotas, preferential treatment, hiring, and promotion. The Law in particular requires legislative, executive, and judicial bodies at all levels to adopt special measures until equal gender representation is achieved. The Law establishes an Agency for Gender Equality to support the implementation of the Law, and further mandates that all ministries and municipalities must appoint gender equality officials, and allocate sufficient resources from their budget, to implement the Law. Discrimination on bases including sex, pregnancy, or birth, is prohibited in employment matters including access to employment or training, and working conditions. In regard to education, the Law proscribes sex discrimination in access to education and scholarships, evaluation results, and attainment of degrees, and mandates the inclusion of gender equality education in school curricula at all levels. Persons who believe the principle of equal treatment has not been implemented in relation to them may initiate proceeding in accordance with the Law on Protection from Discrimination. Violations of the Law are punishable by fines of up to 700 Euros for individuals, and 900 Euros for legal entities. (Unoffocial English version available here.)

性別平等教育法 (Gender Equity Education Act) (2018)

Gender discrimination, Sexual harassment, Sexual violence and rape

The Gender Equity Education Act (the “GEEA”) aims to encourage respect for gender diversity, eliminate gender discrimination and promote substantive gender equality through education. The GEEA charges the competent authorities (as well as schools) with establishing gender equity education committees whose tasks include drafting regulations and policies, coordinating resources, supervising gender equity-related activities and promoting research and development of curricula, teaching and assessments. Under the GEEA, schools must provide a safe, gender-fair learning environment by respecting, giving due consideration to, and not discriminating against prospective students, students, faculty, and staff of different genders. Schools shall strive towards this objective by taking steps such as integrating gender equity education into their curriculum, providing gender equity education when training new staff members, reporting known incidents of sexual assault, sexual harassment or sexual bullying within 24 hours and promptly handling and investigating such cases. Schools and any principal, faculty or staff member found to be in violation of the GEEA may be subject to a fine. Persons may also be dismissed or discharged from employment.

性別平等教育法（即「GEEA」）旨在鼓勵尊重性別多樣性，消除性別歧視，並透過教育促進實質性別平等。性別平等教育法責成主管機關（以及學校）建立性別平等教育委員會，其任務包括擬定法規和政策，協調資源，監督與性別平等有關的活動，並促進課程、教學和評估的研究及發展。根據性別平等教育法，學校必須透過尊重、適當考慮及不歧視不同性別的潛在學生、學生、教職員工等方式，提供一個安全、性別平等的學習環境。學校應努力實現這一目標，採取的措施包括：將性別平等教育納入課程、在培訓新員工時提供性別平等教育、在24小時之內報告已知的性侵、性騷擾或性霸凌事件，並及時處理和調查此類案件。任何被發現違反性別平等教育法的學校、校長、教職員工可能會被處以罰鍰。該等人員也可能被開除或解聘。

Education Act (2010)

Gender discrimination

The Education Act of 2010 makes primary education free and compulsory for male and female children. Part 2(4)(2)(C) states that “The Minister, Principal Secretary, Teaching Service Commission, proprietors of schools, teachers and school boards shall promote the education of the people of Lesotho” and “ensure that the learner is free from any form of discrimination in accessing education.” While Part 9, Section 41 of the act establishes that at least two of the five members of the proposed Teaching Service Commission must be women.

Política de Género e Estratégia da sua Implementação (Gender Policy and its Implementation) (2006)

Gender discrimination

Outlines a general plan for the creation of institutional mechanisms that will assist in the implementation of policies targeting gender inequality. Critical areas identified include economic empowerment, education, basic needs, and childbirth mortality.



Constituição da República de Moçambique (Constitution of the Republic of Mozambique) (2007)

Gender discrimination

Article 36 of Mozambique’s Constitution provides that “men and women are equal before the law in all aspects of political, economic, social and cultural life.” Article 120 recognizes and protects the roles of maternity and paternity. It acknowledges the importance of family to the development of children - socially, morally, and ethically - and so ensures an education to the future generation based on the country’s values, namely equality between men and women. Article 122 states a woman’s rights to participate in society. It specifically supports women’s participation in the struggle for national liberation and defense of sovereignty and democracy, as well as promotes women in their growing role in all spheres: political, economic, social, and cultural.

O Artigo 36 da Constituição de Moçambique prevê que “homens e mulheres são iguais perante a lei em todos os aspectos políticos, econômicos, sociais, e culturais." O artigo 120 reconhece e protege os papéis de maternidade e paternidade. Ele reconhece a importância da família para o desenvolvimento da criança – social, moral, e eticamente – e então garante uma educação para a próxima geração baseada nos valores do país, nomeadamente a igualdade entre homens e mulheres. O artigo 122 estabelece os direitos da mulher em participar da sociedade. Ele especificamente apoia a participação feminina no esforço pela liberação nacional e a defesa da soberania e democracia, assim como promove a mulher no seu papel crescente em todas as esferas: política, econômica, social, e cultural.

Virginia Human Rights Act (Va. Code Ann. §§ 2.2-3900-03) (2014)

Employment discrimination, Gender discrimination, Property and inheritance rights

Virginia’s Human Rights Act outlines the policy of the Commonwealth to “[s]afeguard all individuals within the Commonwealth from unlawful discrimination because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability, in places of public accommodation,” including in education, real estate, and employment. The Act defines the “unlawful discriminatory practice” and “gender discrimination” as conduct that violates any Virginia or federal statute or regulation governing discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The terms “because of sex or gender” or “on the basis of sex or gender” or similar terms in reference to discrimination in the Code and acts of the General Assembly include pregnancy, childbirth or related medical conditions. Women affected by pregnancy, childbirth or related medical conditions shall be treated the same for all purposes as persons not so affected but similar in their abilities or disabilities.

Offenses Pertaining to Schools (Title 16, Chapter 38, General Laws of Rhode Island)


Gender discrimination, LGBTIQ

Discrimination on the basis of sex is prohibited in all public colleges, community colleges, universities, and all other public institutions of higher learning in the state that are operated by the board of governors for higher education. This prohibition applies to employment, recruitment, and hiring practices, employment benefits, admissions, curricular programs, extracurricular activities including athletics, counseling, financial aid including athletic grants-in-aid, student medical, hospital, and accident or life insurance benefits, facilities, housing, rules and regulations, research, and all other school functions and activities. Notwithstanding these prohibitions, schools may do the following: (i) maintain separate but comparable restrooms, dressing, and shower facilities for males and females, including reasonable use of staff of the same sex as the users of these facilities; (ii) provide separate teams for contact sports or for sports where selection for teams is based on competitive skills, provided that equal athletic opportunities which effectively accommodate the interests and abilities of both sexes are made available; (iii) maintain separate housing for men and women, provided that housing for students of both sexes is as a whole both proportionate in quantity to the number of students of that sex that apply for housing and comparable in quality and cost to the student; and (iv) permit the establishment and operation of university based social fraternities and sororities.

Anti-Discrimination Act of 1992 (Northern Territory) (2018)

Employment discrimination, Gender discrimination, LGBTIQ, Sexual harassment

The Anti-Discrimination Act prohibits discrimination in certain settings on the grounds of any designated attribute, including sex, sexuality, marital status, pregnancy, parenthood, and breastfeeding. Unlike in other Australian jurisdictions, “gender identity” and “sex characteristics” are not included as designated attributes in the Northern Territory. The settings in which discrimination based on a designated attribute is prohibited include: education, work, accommodation, provision of goods, services and facilities, clubs, and superannuation. Discrimination includes any distinction, restriction, or preference made based on a designated attribute that has the effect of nullifying or impairing equality of opportunity, and harassment based on a designated attribute. Certain exceptions from the prohibition of discrimination exist, including: certain religious circumstances; provision of rights or privileges connected to childbirth; and discrimination aimed at reducing disadvantage. Alleged victims of prohibited discrimination can lodge a complaint against the discriminating person or entity, which will trigger a conciliation. If the matter is not resolved through conciliation, the Northern Territory Anti-Discrimination Commissioner may assess the complaint. If the Commissioner finds that the complaint is substantiated, the Northern Territory Civil and Administrative Tribunal can order that the discriminator pay compensation to the victim, discontinue the discriminating behavior, or do any other act specified by the Tribunal.



Social and Economic Development Policy Act (2006)

Abortion and reproductive health rights, Employment discrimination, Female genital mutilation or female genital cutting, Forced and early marriage, Gender discrimination, Harmful traditional practices, Property and inheritance rights, Sexual violence and rape, Statutory rape or defilement

This Act provides policies that address the improvement of the quality of life of individuals and the reduction of the growth rate of the population. (§§ 1-3). §7 sets forth that the Ministry of Gender Development and women’s organizations shall implement gender policy to achieve gender equity, specifically, to increase women’s participation in the work force and in political institutions, to protect women’s property rights in statutory law and customary practices, and to prevent various forms of violence against women, including female genital mutilation, early marriage, teenage pregnancy. §5 sets forth that the family planning facilities shall actively involve the participation of women in deciding family size. §10 states that marriage of young girls before 18 years old, and marriage of boys before 21 years old should be discouraged.

HIV Control of the Disease and Related Issues (Amending Title 33) (2010)

Abortion and reproductive health rights, Employment discrimination, Gender discrimination, Harmful traditional practices, Sexual violence and rape, Statutory rape or defilement

The Act regulates sexually transmitted diseases including HIV, provides information for treatment of HIV, and provides punishment for violations. §18.3 of the Act provides that the Ministry of Health and Social Welfare, the Ministry of Education, and the Ministry of Youth and Sports shall provide education on the prevention and control of HIV. §18.4-18.5 provide that educating the public regarding HIV and AIDS is part of the national response, and the government shall train all relevant personnel. While §18.7 provides that all employees shall receive the HIV training regarding the prevention and control of HIV and AIDS. Several portions of the act speak to the rights of women and girls specifically. §18.9(a) of the Act notes that when providing HIV and AIDS service to women and girls differences in sex and gender should be considered. §18.9(b) directs the government agencies, when implementing the strategies, policies and programs to address the following issues: protection of the equality of women in private and public life, to address their rights to refuse sex and to access reproductive services independently, to address men’s equal responsibilities in sexual and reproductive health, to increase educational, economic, and employment opportunities to women, to reduce inequalities in laws regarding marital issues, and to protect women’s rights in religious contexts. §18.9(c) covers pregnant women with HIV and grants them the right to marry. The government shall provide them with consultation and information regarding future pregnancy decisions and the protection of future children from HIV. Section 18.9(d) requires the government to implement national education and training to health care providers to reduce HIV infection caused by sexual assault, protect the confidentiality of the HIV test result, report the sexual violence, and assist the investigation of such violence, and to develop and implement education and training for security personnel and prosecuting authorities in conducting investigations and prosecutions about the sexual violence. §18.27 provides that willful transmission of HIV by an infected person who knows his or her HIV test constitutes first degree felony. §18.28 prohibits discrimination on the basis of HIV status.

Federal Constitution of the Swiss Confederation (1999)

Employment discrimination, Gender discrimination

Art. 8 of the Constitution provides that all people are equal and no person may be discriminated against because of gender. The Constitution also states that men and women have equal rights and the law shall ensure their equality. Art. 35 provides for protection of fundamental rights even in private relationships.

Reports

Proposta do Programa Quinquenal do Governo 2015-2019 (2015)

Employment discrimination, Gender discrimination

The plan outlines general goals for the Government to work towards in four years. It highlights a need for specific attention towards issues of gender inequality, protection and empowerment of women, and education for women and children so that they can develop a more active role in civil society. The plan sets out to promote measures that strengthen gender equality and the rights of vulnerable peoples, as well as to spread knowledge on the rights of women and children.

O plano esboça metas gerais para o Governo trabalhar nos próximos quatro anos. Ele destaca a necessidade de atenção especial aos problemas de desigualdade de gênero, proteção e empoderamento feminino, e educação para mulheres e crianças, para que elas possam desenvolver um papel mais ativo na sociedade civil. O plano se propõe a promover medidas que possam fortalecer a igualdade de gênero e os direitos das pessoas vulneráveis, assim como a espalhar conhecimento sobre os direitos das mulheres e crianças.

Приказ поступања образовно-васпитних установа у случајевима насиља над девојчицама и породичног насиља (Overview of The Procedure to be followed by Educational Institutions in Case of Violence Against Girls and Family Violence) (2013)

Domestic and intimate partner violence, Gender discrimination, Sexual violence and rape, Statutory rape or defilement

In accordance with the Law on the Basic Principles of Education, educational institutions are obliged to secure conditions for safe and encouraging growth and development of the child and pupil (girls and boys), protection from all forms of violence, abuse and neglect, and social reintegration of a child and pupil who committed or was exposed to violence, abuse or neglect. educational institution must (1) establish a team for protection from violence, abuse, and neglect and (2) adopt a protection program and to document, analyze, and report on the cases of violence against children and staff members in their institution. (See External URL for official English translation.)

Domestic Case Law

Re Castlemaine Steiner School Ltd. Victorian Civil and Administrative Tribunal: Human Rights Division (2015)

Gender discrimination

The students enrolled at Castlemaine Steiner School Ltd (“Castlemaine”) for kindergarten and prep were originally approximately 75% boys and 25% girls. Castlemaine wished to offer more places to female students in order to maintain gender balance in their classes. Such conduct would constitute discrimination on the basis of gender in the provision of education and services under the Equal Opportunity Act 2010 (Vic) (“EO Act”), unless an exemption applies. Castlemaine sought an exemption under section 89 of the EO Act, contending that an exemption would enable it to promote social cohesion and gender balance, and would provide boys and girls opportunities to be with a meaningful number of children of their own gender. In assessing the application, the Victorian Civil and Administrative Tribunal (“VCAT”) noted that they were required to interpret the law, so far as it is possible to do so, compatibly with section 32(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic). In addition, VCAT was required to consider whether the interests served by the exemption are sufficient to justify taking the relevant conduct out of the prohibitions of the EO Act. Ultimately, VCAT granted the exemption for the maximum period of five years, on the basis that the proposed exemption offered a reasonable chance of to achieving gender balance.

Case No. GRA 2017/56 – The Swedish Equality Ombudsman v. “the Foundation”: Decision from the Swedish Equality Ombudsman regarding gender -based separation on school bus and in gymnastics classes Diskrimineringsombudsmannen (Discrimination Ombudsman) (2017)

Gender discrimination, LGBTIQ

Five notifications regarding discrimination of students by a Foundation were made to the Equality Ombudsman after the broadcast of a TV program. In the program, the students of a school owned by the Foundation were separated by gender on the school bus. The Equality Ombudsman’s investigation noted that a gender-based separation was also made in the gymnastics classes. According to Chapter 2 Section 5 of the Swedish Discrimination Act, it is prohibited for an education provider or an employee of the provider to discriminate against any child or student that participates in the school’s operations. For gender-based separations not to constitute discrimination, either the activities of the groups must be equivalent, without any student finding it disfavoring to be separated by gender, or the separation must be limited to moments where the students’ gender is of such importance that they are not in a comparable situation. The Equality Ombudsman ruled that the separation of the students in the gymnastics classes constituted a risk of one or more students being discriminated against for gender and transgender identity or expression. However, the separation on the school bus was not found to constitute a risk of violation of the Discrimination Act.

BVerwG 6 C 25.12 Bundesverwaltungsgericht (Federal Administrative Court) Bundesverwaltungsgericht (Federal Administrative Court) (2013)

Gender discrimination, Harmful traditional practices

The Court rejected the appeal and upheld the decision of the lower court that a female Muslim high school student was not exempt from compulsory swimming lessons on the grounds of her religion. In the circumstances, there was not sufficient reason to undermine compulsory school attendance of children. The girl's parents had applied to the school for an exemption from swimming lessons on the grounds that Islamic dress custom did not allow their daughter to participate in co-educational swimming lessons. The school had rejected the application but permitted the girl to wear swimwear in accordance with Islamic custom (a burkini).


Das Gericht wies die Revision zurück und bestätigte die Entscheidung der Vorinstanz, dass eine muslimische Schülerin nicht aufgrund ihrer Religion vom obligatorischen Schwimmunterricht befreit werden kann. Unter den gegebenen Umständen gab es keinen ausreichenden Grund, die Schulpflicht von Kindern zu umgehen. Die Eltern des Mädchens hatten bei der Schule eine Befreiung vom Schwimmunterricht mit der Begründung beantragt, dass die islamischen Bekleidungsvorschriften ihrer Tochter die Teilnahme am koedukativen Schwimmunterricht nicht erlaube. Die Schule lehnte den Antrag ab, erlaubte dem Mädchen jedoch, eine dem islamischen Brauch entsprechende Badekleidung (einen Burkini) zu tragen.

Mathis v. Wayne County Board of Education United States Court of Appeals for the Sixth Circuit (2012)

Sexual violence and rape, Statutory rape or defilement

The plaintiff-appellants’ sons were members of their middle school basketball team who were victims of sexual harassment by their teammates. The harassment ranged from arguably innocent locker room pranks to sexual violence. The plaintiffs sued the Wayne County Board of Education, alleging that the school board was deliberately indifferent to student-on-student sexual harassment in violation of Title IX of the Civil Rights Act. The District Court denied the defendant’s motion for judgment as a matter of law and awarded the plaintiffs $100,000 each in damages. The Sixth Circuit affirmed, holding that the plaintiffs had established the following elements of a deliberate indifference claim: that the sexual harassment was so severe, pervasive, and objectively offensive that it could be said to deprive the plaintiff of access to the educational opportunities or benefits provided by the school; that the funding recipient (i.e. the board of education) had actual knowledge of the sexual harassment, and the funding recipient was deliberately indifferent to the harassment.