1500 words essay

Office of the High Commissioner for Human Rights, Palais des Nations, CH-1211 Geneva 10, Switzerland

September 2014

Gender stereotypes and Stereotyping and women’s

rights

“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, academics and many others – to give this issue the serious attention it deserves.”

OHCHR commissioned report – ‘Gender Stereotyping as a human rights violation’

What is a stereotype? A generalised view or preconception about attributes or characteristics that are or ought to be possessed by

members of a particular social group or the roles that are or should be performed by, members of a particular social group. What is gender stereotype and what is gender

stereotyping?

A gender stereotype is a generalised view or

preconception about attributes, or characteristics that

are or ought to be possessed by women and men or

the roles that are or should be performed by men and

women. Gender stereotypes can be both positive and

negative for example, “women are nurturing” or

“women are weak”.

Gender stereotyping is the practice of ascribing to

an individual woman or man specific attributes,

characteristics, or roles by reason only of her or his

membership in the social group of women or men.

A gender stereotype is, at its core, a belief and that

belief may cause its holder to make assumptions about

members of the subject group, women and/or men. In

contrast, gender stereotyping is the practice of

applying that stereotypical belief to a person.

When are gender stereotypes and gender

stereotyping human rights concerns?

The international human rights law framework is

concerned with stereotypes and stereotyping that

affect recognised human rights and fundamental

freedoms, rather than all stereotypes and all forms of

stereotyping. The Committee on the Elimination of

Discrimination against Women (CEDAW) has explained

that States Parties are required to modify or transform

“harmful gender stereotypes” and “eliminate wrongful

gender stereotyping”.

A stereotype is harmful when it limits women’s or men’s capacity to develop their personal abilities, pursue their professional careers and make choices about their lives and life plans. Both hostile/negative or seemingly benign stereotypes can be harmful. It is for example based on the stereotype that women are more nurturing that child rearing responsibilities often fall

exclusively on them. Gender stereotyping is wrongful when it results in a violation or violations of human rights and fundamental freedoms. An example of this is the failure to criminalize marital rape based on the stereotype of women as the sexual property of men. Another example is the failure of the justice system to hold perpetrator of sexual violence accountable based on stereotypical views about women’s appropriate sexual behaviour.

How do gender stereotypes/stereotyping harm

women?

Discrimination against women includes those

differences of treatment that exist because of

stereotypical expectations, attitudes and behaviours

towards women. Just to give some examples:

- The Special Rapporteur on the rights to food pointed

out that stereotype about women’s role within the

family leads to a division of labour within households

that often result in time poverty for women and lower

levels of education.

- The CEDAW Committee has highlighted how

traditional attitudes by which women are regarded as

subordinate to men perpetuate widespread practice

involving violence and coercion.

- Both CRC and the CEDAW Committee noted that

harmful practices are multidimensional and include

stereotyped sex and gender-based roles.

- The Special Rapporteur on violence against women

and the Special Rapporteur on independence of judges

and lawyers have stressed that the investigation of

cases of violence and the sanctioning of perpetrators

are underpinned by patriarchal notions and stereotypes

that negatively affect their objectivity and impartiality.

- A range of UN human rights mechanisms have highlighted how stereotypes about women’s role can be

incorporated in discriminatory legislation, for example

Prepared by: Women’s Rights and Gender Section, OHCHR Research and Right to Development Division Rule of Law, Equality and Non-Discrimination Branch, contact: wrgs@ohchr.org

preventing women from acquiring ownership of land

since only the “head of the household” is authorized to

sign official documentation.

- The Special rapporteur on the right to health has also

observed how societal norms are often based on

stereotypical beliefs about the need to regulate

women’s freedom, particularly with regard to sexual

identity and life, resulting into restrictions to sexual and

reproductive rights.

What are the States obligations vis-à-vis

stereotypes and stereotyping?

CEDAW’s Article 5 (a) requires States Parties to take

“all appropriate measures” to “modify the social and

cultural patterns of conduct of men and women” in an

effort to eliminate practices that “are based on the idea

of the inferiority or the superiority of either of the sexes

or on stereotyped roles for men and women.” Article

2(f) reinforces article 5 by requiring States Parties to

take “all appropriate measures” to “modify or abolish …

laws, regulations, customs and practices which

constitute discrimination against women.”

The Committee has interpreted these provisions as

imposing an obligation on States Parties to modify and

transform gender stereotypes and eliminate wrongful

gender stereotyping. This distinction is important as it

recognises that although there are difficulties in

requiring States Parties to “eliminate” a (stereotypical)

belief, it is important to “modify and transform” beliefs

that are harmful to women. It also recognises that

States Parties must eradicate the practice of applying

stereotypical beliefs to individual women and men in

ways that violate their human rights.

Art. 10 of CEDAW further provides that States shall

take all appropriate measures to “ensure, on a basis of

equality of men and women the elimination of any

stereotyped concept of the roles of men and women at

all levels and in all forms of education by encouraging

coeducation and other types of education which will

help to achieve this aim and, in particular, by the

revision of textbooks and school programmes and the

adaptation of teaching methods”.

Many international human rights treaty bodies have

interpreted the rights to non-discrimination and

equality to include those forms of discrimination and

inequality that are rooted in stereotypes, including

gender stereotypes. The nature of States’ obligations

in this regard has been detailed in the jurisprudence

and recommendations of treaty bodies. Those

obligations include, inter alia: - revising text books;

- ensuring that teachers receive gender training;

- implementing programmes to encourage girls to

pursue education and employment in non-traditional

fields;

- undertaking public information and education

programmes to change attitudes concerning the roles

and status of men and women;

- taking measures to train public officials and the

judiciary to ensure that stereotypical prejudices and

values do not affect decision-making;

- emphasizing through awareness raising activities the

importance of women’s participation in decision

making roles;

- adopting measures, including temporary special

measures, to eliminate occupational segregation based

on gender stereotypes;

- adopting positive measures to expose and modify

harmful genders stereotypes within the health sector;

- addressing gender stereotypes/ing that impairs or

nullify equality in marriage and family relations, including through implementing comprehensive policy and awareness raising initiatives designed to

overcome stereotypical attitudes about the roles and

responsibilities of women and men in family and

society.

The work of OHCHR There is a growing consensus that gender stereotyping poses a significant, yet largely unaddressed, challenge to the recognition, exercise and enjoyment of women’s human rights. OHCHR has completed research on wrongful gender stereotyping by the judiciary in cases of sexual and gender-based violence and is engaged in

projects in some countries to address stereotyping in judicial decisions. OHCHR is also supporting the human rights mechanisms in analysing human rights obligations related to gender stereotypes and stereotyping.

Normative Standards and further readings

 OHCHR commissioned study on eliminating judicial stereotyping (2014) and OHCHR-Commissioned Report: Gender Stereotyping as a Human Rights Violation (2013).

 Equality and Justice in the Courtroom - by Navi Pillay, United Nations High Commissioner for Human Rights (2014).  Summary Report – Human Rights Council annual full day discussion on women’s human rights, June 2014.  Convention on the Elimination of All Forms of Discrimination against Women, Dec 18, 1979, articles 2(f), 5 and 10(c).  Convention on the Rights of People with Disabilities, Dec.13 2006, article 8(1)(b).  Declaration on the Elimination of Violence against Women (1993).  CEDAW General Recommendations No. 19: Violence against Women (1992)and No. 24: Women and Health (1999).

 Human Rights Committee, General Comment No.18: Non-discrimination (1994).  Committee on Economic, Social and Cultural Rights, General Comment No.16: The Equal Rights of Men and Women to the

Enjoyment of All Economic, Social and Cultural Rights (2005).  Protocol to the African Charter on human and People’s Rights on the Rights of Women in Africa (2000).  Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (1994).  Council of Europe Convention on Preventing and Combating Violence against Women and Domestic.  Resolution 2013/C 251 E/01 of the 13 March 2012 on equality between women and men in the European Union (2012).