A/74/191
III. Good practices and initiatives of gender-responsive
migration legislation, policies and practices
A.
Introduction
7.
In his above-mentioned recent report to the Human Rights Council
(A/HRC/41/38) on the impact of migration on migrant women and girls, the Special
Rapporteur stressed that existing discriminatory social and cultural norms and
policies continue to contribute to the specific situations of vulnerability migrant
women and girls face throughout all stages of the migration process. By presenting
information gathered on current practices and initiatives with regard to the gender
responsiveness of migration governance, the Special Rapporteur intends to identify
good practices and to provide recommendations to States on how to better protect the
rights of migrant women and girls.
8.
In preparing the report, the Special Rapporteur sent out questionnaires to Member
States, national human rights institutions, civil society organizations and relevant
stakeholders, including United Nations entities, to request information on good
practices on gender-responsive migration legislation and policies. In the questionnaire,
the Special Rapporteur requested information, inter alia, on any existing or forthcoming
good practices or initiatives on gender-responsive migration legislation and policies, as
well as the challenges faced in their implementation. Twenty-seven States responded to
the questionnaire and provided useful information. The Special Rapporteur is also
grateful for the observations and information shared by 14 national human rights
institutions, 14 civil society organizations and two United Nations entities, as well as
one regional intergovernmental human rights organization. The responses received are
posted on the official website of the mandate (https://www.ohchr.org/EN/Issues/
Migration/SRMigrants/Pages/Gender.aspx#submissions). On 21 May 2019, the
Special Rapporteur held a webinar consultation on the subject of the present report.
9.
The report is primarily based on the inputs provided through the questionnaires
and complemented by additional research. It does not claim to cover all existing
gender-responsive migration legislation and policies in an exhaustive manner, but
aims to provide an overview to allow for discussion.
B.
Definition of gender responsiveness
10. There is no internationally agreed definition of “gender responsiveness” in
legislation, policies and practices, although efforts have been made to devise one. In
general, to address the subject, international organizations and States have used
variants of the term “gender responsiveness”, such as “gender mainstreaming” or
“gender sensitive.”
11. According to the European Institute for Gender Equality, a gender-responsive
policy ensures that the needs of all individuals are equally addressed. To do that, it is
necessary to: take into account the differentiated needs and interes ts of women and
men; identify gender inequalities in access to and control of resources; consider the
impact of gender-based stereotypes and traditional gender roles, and to anticipate the
different effects of them on women and men; and to ensure gender eq uality. 2
According to UN-Women, to make migration governance gender-responsive, genderbased barriers must be identified and proactively addressed. Recognizing and
responding specifically to women’s needs through migration policies is the most
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2
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See submission of the Platform for International Cooperation on Undocumented Migrants .
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