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WOMEN'S LINKAGE CAUCUS

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I. [delete: Lack of awareness of and commitment to [delete: internationally and nationally recognized] human rights of women]. [retain: The enjoyment of [retain: all][delete: universal] human rights by women]

*[213. retain: Human rights and fundamental freedoms are the birthright of all human beings; their protection and promotion is the first responsibility of Governments.

*The World Conference on Human Rights reaffirmed the solemn commitment of all States to fulfil their obligation to promote universal respect for, and observance and protection of, all human rights and fundamental freedoms for all, in accordance with the Charter of the United Nations, other instruments relating to human rights, and international law. The universal nature of these rights and freedoms is beyond question.

*retain: The Platform for Action reaffirms that all human rights, civil, cultural, economic, political and social, including the right to development, are universal, indivisible, interdependent and interrelated as expressed in the Vienna Declaration and Programme of Action. The World Conference on Human Rights reaffirms that the human rights of women and the girl-child are an inalienable, integral and indivisible part of universal human rights. The full and equal enjoyment of all [delete: universal] human rights and fundamental freedoms by women and girls is a priority for governments and the United Nations and is essential for the advancement of women].]6

219. In those countries that have not yet become parties to the Convention on the Elimination of All Forms of Discrimination Against Women and other international human rights instruments, or where reservations that are incompatible with the object or purpose of the Convention have been entered, or where national laws have not yet been revised to implement international norms and standards, women's [amend & retain: de jure and de facto] equality is not yet secured. [retain: Women's full enjoyment of equal rights is undermined by the discrepancies between some national legislations and international law, and international instruments on human rights. Overly complex administrative procedures, lack of awareness within the judicial process and inadequate monitoring of the violation of the human rights of all women, coupled with the under-representation of women in justice systems, insufficient information on existing rights and persistent attitudes and practices perpetuate women's de facto inequality.] De facto inequality is also perpetuated by the lack of enforcement of, inter alia, family, civil, penal, labour and commercial laws or codes, or administrative rules and regulations intended to ensure women's full enjoyment of human rights and fundamental freedoms.

223. [retain: The World Conference on Human Rights and the International Conference on Population and Development [delete: which did not create any human rights] reaffirm [retain: all aspects of the [delete: universal] human rights of women, including] women's reproductive rights [delete: as defined in the Programme of Action of the International Conference on Population and Development, taking into consideration the reservations to Programme of Action] and the right to development.] Bearing in mind the definitions given in Chapter II, Chapter VII, paragraph 7.2, and Chapter VIII of the Programme of Action13/ [amend & retain: reproductive rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health and to enjoy the benefits of scientific progress. It also includes their right to make decisions concerning reproduction free of discrimination, coercion and violence, as expressed in human rights documents. [retain: Therefore, the unique reproductive and productive roles of women [retain: and men] must be recognized and valued.] [amend & retain: Changes in both men's and women's (delete: consciousness) knowledge, attitudes and behaviour are necessary conditions for achieving harmonious partnerships between women and men. It is essential to improve communication between women and men on issues of shared responsibility, including sexuality and reproductive health, so that women and men are equal (delete: partners) participants in public and private life. Special efforts are needed to emphasize men's shared responsibility and promote their active involvement in responsible parenthood and sexual and reproductive behaviour.]

225. Violence against women both violates and impairs or nullifies the enjoyment by women of human rights and fundamental freedoms. There has been a long-standing failure to protect and promote these rights and freedoms in relation to violence against women. [amend & retain: All forms of gender-based violence occurring in the family, workplace or community, (delete:, including those resulting from all forms of sexual harassment, prostitution, pornography, sexual slavery, and exploitation,) including those violations resulting from cultural prejudice, racism and racial discrimination, xenophobia, ethnic cleansing, religious (delete: and anti-religious) extremism, domestic battery, sexual abuse, sexual harassment and international trafficking in women and (delete: children) girls, are incompatible with the dignity and worth of the human person, and must be eliminated.] Any harmful aspect of certain traditional, customary, or modern practices which violates the rights of women should be prohibited and eliminated. [retain: Governments should take urgent action to combat and eliminate all forms of violence against women in private and public life, whether perpetrated or tolerated by the State or private persons especially in situations [retain: or experienced as a result] of armed conflict, [retain: foreign occupation] or terrorism.] Special emphasis must be placed on the prevention of violence against women.

226. Many women face additional barriers in the enjoyment of their human rights because of such factors as their race, language, ethnicity, culture, religion, [retain: sexual orientation,] disability or socio-economic class or because they are indigenous people, migrants, including women migrant workers, displaced women or refugees. They may also be disadvantaged and marginalized by a general lack of knowledge and of recognition of their human rights as well as by the obstacles they meet in gaining access to information and recourse mechanisms in cases of violation of their rights.

228. Women engaged in defense of human rights must be protected. Governments have a duty to guarantee the full enjoyment of all rights, set out in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic Social and Cultural Rights by women working peacefully in a personal or organizational capacity for the promotion and protection of human rights. NGO's, and women's organizations [retain: and feminist groups] have played a catalytic role in the promotion of the human rights of women, through grassroots activities, networking and advocacy, and need encouragement, support and access to information from Governments in order to carry out these activities.

[delete: Apply and enforce international norms and standards to promote and safeguard the full and equal enjoyment by women of all human rights]

Strategic objective I.1. Promote and protect [delete: all] the human rights of women, through the full implementation of all [delete: international] human rights instruments, especially through the Convention on the Elimination of All Forms of Discrimination against Women.

Actions to be taken

230. By Governments:

(a) [delete: Consider] Ratify or accede to and implement international and regional human rights treaties;

(b) [delete: Consider] (delete: the ratification or accession to and ensure implementation of) Ratify and accede the Convention on the Elimination of All Forms of Discrimination against Women so that universal ratification of the Convention can be achieved by the year 2000;

(c) [delete: Consider withdrawing reservations to the Convention on the Elimination of All Forms of Discrimination against Women.]

(d) [amend & retain: Limit the extent of any reservations to the Convention, formulate any reservations as precisely and as narrowly as possible, ensure that no reservation is incompatible with the object and purpose of the Convention or (delete: otherwise contrary to) incompatible with international treaty law and review their reservations regularly, with the view to withdrawing (delete: them expeditiously) incompatible reservations by the year 2000.]

(f) Create or strengthen [retain: independent] national institutions for the protection and promotion of these rights, including the human rights of women, as recommended by the World Conference on Human Rights;

(h) [retain: Undertake, if they are States parties, to implement the Convention by reviewing all laws, policies, practices and procedures to determine whether they meet the obligations set forth in the Convention, revising all non-conforming laws, policies, practices and procedures to meet the international obligations set forth in the Convention;]

(l) [amend & retain: (delete: Take steps to) support] [delete: consider] the drafting of an Optional Protocol to the Convention to establish [amend & retain: a right of petition (delete: and inquiry] [delete: a communication] procedure that can enter into force before the year 2000 [delete: as soon as possible.];

(n) Address the acute problems of children including through supporting efforts in the context of the United Nations system aimed at adopting efficient international measures for the prevention and eradication of female infanticide, harmful child labour, the sale of children and their organs, child prostitution, child pornography and other forms of sexual abuse and consider [delete: guidelines for a possible draft] [retain: the drafting of an] optional protocol to the Convention on the Rights of the Child;]

(o) [delete: Promote the approval and enforcement of an international convention against all open and covert forms of sexual exploitation that includes the provision of social services to the victims and the prosecution of those who run sex tourism industries and the traffickers.]

231. By relevant organs, bodies and agencies of the United Nations, all human rights bodies in the United Nations system, as well as the United Nations High Commissioner for Human Rights and the United Nations High Commissioner for Refugees, while promoting greater efficiency and effectiveness through better coordination of the various bodies, mechanisms and procedures, taking into account the need to avoid unnecessary duplication and overlapping of their mandates and tasks:

(h) [retain: Call upon the United Nations High Commissioner for Human Rights and the United Nations High Commissioner for Refugees to establish effective cooperation within their respective mandates, taking into account the fact that refugees, displaced and returnees women are subjected to particular forms of human rights abuse;]

(Alternative)

[delete: Call upon the United Nations Commission for Human Rights and the United Nations High Commissioner for Refugees to establish effective cooperation within their respective mandates, taking into account [the close link between human rights situations, military aggression, ethnic cleansing and genocide, refugee, displaced and returnee women, and the fact that these women are subject to particular forms of human rights abuse;

Strategic objective I.2. Ensure equality and non-discrimination under the law
Actions to be taken:

232. By Governments:

(d) [delete: Consider] Review(delete:ing) national laws including [retain: customary laws] and legal practices in the areas of family, civil, penal, labour and commercial laws in order to ensure the implementation of the principles and procedures of all relevant international human rights instruments by means of national legislations, and [delete: consider] revoke(delete:ing) any remaining laws that discriminate on the basis of sex and remove gender bias in the administration of justice;

(f) [retain: Take action to ensure that women's [retain: sexual and] reproductive rights are fully recognized and respected;]

(h) [amend & retain: Consider what legal safeguards may be required to prevent discrimination on grounds of sexual orientation (delete: or lifestyle);]

(m) Ensure that women have the same right with men to be [retain: judges], advocates or other officers of the court, as well as police officers and prison and detention officers, among others;

(o) [delete: Guarantee the full enjoyment of all human rights by women activists and by members of non-governmental organizations in this field and their freedom in carrying out their activities;]

(Alternative)

[retain: Ensure that all women and [delete: members of] non-governmental organizations [retain: and their members] genuinely involved in the field of protection and promotion of all human rights - civil, cultural, economic, political and social, including the right of development - enjoy the rights and freedoms recognized in the Universal Declaration of Human rights, and the protection of national laws;]

Strategic objective I.3. Achieve legal literacy

Actions to be taken:

233. By Governments, [amend & retain: in collaboration with (delete: the support of)] [delete: and] non-governmental organizations, the United Nations and other international organizations, as appropriate:

(g) Promote education on the human and legal rights of women in school curricula at all levels of education and undertake public campaigns [retain: in the most widely used languages of the country], on the equality of women and men in the public and private life, including their rights within the family and relevant human rights instruments under national and international law.]