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women as agents and drivers of change. 7 In the Global Compact, States are encouraged
to apply a gender-responsive lens to review their policies and practices, with a view
to reducing vulnerabilities. 8
16. The 2030 Agenda for Sustainable Development also sets a clear ti me frame for
the achievement of gender equality: Sustainable Development Goal 5 requires that all
forms of discrimination against women and girls be eliminated by 2030. The inclusion
of this Goal in the 2030 Agenda attests to the fact that while gender equ ality is a
fundamental human right, it remains a challenge, as women and girls still suffer
disproportionately from discriminatory practices and violence worldwide. 9
D.
Gender responsiveness in migration legislation, policies
and practices
17. The majority of gender-responsive legislation, policies and practices have been
adopted by States quite recently, and some have been only partially implemented. In
this regard, it has to be noted that the items listed below have different degrees of
effectiveness.
1.
General legislation applying to all those residing in the territory of a State
irrespective of their background
18. A review of national human rights legislation and policies based on information
received from States was undertaken to gauge the extent to which national legislation
reflects a gender-responsive approach. Many States have constitutions that promote
the equality of all persons and outlaw discrimination on any grounds, including sex
and gender. By virtue of the fact that such legislation seeks to define and protect the
rights of all persons staying in their territory, some States are of the view that their
legislation applies implicitly to migrants, including migrant women and girls;
however it does not always include references to the multiple and intersecting forms
of discrimination that migrant women and girls experience or their specific needs.
19. Albania is an example in point. Its constitution enshrines gender equality and
non-discrimination (article 18). 10 In addition, its Law No. 9970 of 2008 on “Gender
equality in society” aims to ensure effective protection from gender discrimination
and defines measures guaranteeing equal opportunities among men and women . 10
Similarly, article 25 of the constitution of Azerbaijan guarantees the rights and
liberties of everyone without discrimination. 11
20. In Brazil, Law 13.445/2017 provides migrants on national territory the same
protections as it provides to its citizens, including the inviolable rights to life, liberty,
equality, safety and property, as well as the right to family reunion. In addition,
Decree No. 8.727 of 8 April 2016 entitles any person to have his or her gender identity
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8
9
10
11
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Carolina Gottardo and Paola Cyment (2019), “The Global Compact for Migration: what could it
mean for women and gender relations?”, Gender & Development, vol. 27, No.1, pp. 67–83.
UN-Women, “Policies and Practice: A guide for gender-responsive implementation of the Global
Compact for Migration”; the brief provides clear, concrete and practical guidance to governments
and other stakeholders for a gender-responsive implementation of the Global Compact on
Migration.
See Ludvik Girard, “Achieving Gender Equality Through Migration Governance: Opportunities
and Solutions in Support of the Sustainable Development Agenda ”, in edited by Gervias Appave
and Neha Sinha eds., Migration in the 2030 Agenda, International Organization for Migration,
2017 (http://publications.iom.int/system/files/pdf/migration_in_the_2030_agenda.pdf ).
See submission of the Permanent Mission of Albania to the United Nations.
See submission of the Permanent Mission of Azerbaijan to the United Nations.
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