A/HRC/19/71
A.
National, regional and local governments
12.
Governments should acknowledge the particular challenges and barriers faced by
minority women. They should ensure that domestic legislation relevant to antidiscrimination, equality, the rights of women and minority rights is adequate to guarantee
the protection of minority women and, where appropriate, that it take explicitly into account
the rights of minority women and the multiple and intersecting forms of discrimination to
which they may be subjected.
13.
Governments should review, reform as appropriate and make transparent any
legislation, policy or practice that has a disproportionately negative effect on women from
particular minority groups, for example, by restricting their access to public and work
places, employment opportunities and educational institutions.
14.
In addition to adopting domestic legislation preventing direct and indirect
discrimination against minority women and girls, Governments should ensure the
implementation of such legislation and that adequate penalties exist for acts of
discrimination.
15.
Minority women’s access to justice should be evaluated and barriers identified.
Governments should consider appropriate safeguards, including those aimed at
guaranteeing the right of minority women and girls to non-discrimination and their equal
access to remedies in cases of violation of their rights. The justice system, in particular at
the local level, should be equipped to help ensure that minority women have full and
effective access to justice and comprehensive reparation. For example, legal aid could be
targeted at and made more easily accessible to women from minority groups, including by
means of outreach and the provision of translation services in minority languages.
16.
Governments should take all necessary measures to ensure protection of minority
women’s rights defenders and minority women who fulfil leadership roles and may be at
greater risk of violence.
17.
Governments should recognize the need for special measures, policies and
programmes in order to address entrenched situations of discrimination and exclusion
experienced by certain women belonging to national or ethnic, religious and linguistic
minorities. They should ensure that policies equally benefit minority women by adopting
targeted approaches devised to eliminate gaps and inequality between them and others in
society. Such measures should be time-bound, monitored and evaluated to assess their
impact on the situation of disadvantaged minority women and girls.
18.
Accurate data disaggregated by ethnicity, gender, nationality, religion and language
allows for a greater understanding of the issues affecting minority women and their
circumstances, including their socio-economic situations, and enable targeted interventions
to be considered. A crucial prerequisite for this data collection to be initiated is the
recognition by Governments of the very existence of minorities on their territory.
Governments should undertake data-gathering exercises that are designed and implemented
in full consultation with minorities and minority women. Disaggregated data collection
should serve three ends: it should be used first of all to assess the prevailing situation, then
to assess the resources that are available and actual access to and use of such resources and
finally to conduct an outcomes and impact assessment. Data collection should be conducted
in an ethnically sensitive manner and on a voluntary basis, with full respect for the privacy
and anonymity of the individuals concerned, in accordance with international standards of
personal data protection. The reason for data collection, the process and the way that the
information collected will be used should be fully transparent. Using equal opportunity and
non-discrimination indicators is essential to develop, monitor and regularly review effective
and targeted programmes to improve the situation of minority women and tackle
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