Part II Protecting and promoting the rights of women and girls: NHRIs in action 4.3. PROMOTING REFORM OF DOMESTIC LAWS AND POLICIES The protection of women’s and girls’ human rights at the national level requires a strong legislative and policy framework. NHRIs have an important role to play in monitoring the domestic legal system, especially to identify weaknesses in national laws and policies that affect women and girls and the realization of their human rights. The key question to be asked in relation to any analysis is whether certain laws or policies impact negatively on women and girls and their rights. The international human rights framework provides the basis for this analysis. It sets out the human rights of women and girls, as well as the obligations on States to respect, protect and fulfil those rights. Consideration and analysis can potentially include the following areas. The general legal framework including anti-discrimination laws: Is there a general prohibition on discrimination and recognition of gender equality in the national constitution or a similar higher law? Do anti-discrimination laws apply to government agencies and officials, private entities and individuals? Are any exceptions in these laws (e.g. for religious institutions, customary or traditional law) reasonable and justifiable in terms of the broader goals of non-discrimination and equality? Is the burden of making and pursuing a complaint of sex-based discrimination placed on the victim? Election laws: Is there equal access for women candidates to stand in elections? Is it appropriate to argue for quotas or other methods by which women’s representation in the political process could be advanced? Is gender a factor in deciding the composition of electoral bodies, including supervisory and management bodies? Women parliamentarians of the Afghan Lower House (Wolesi Jirga or “House of the People”). UN Photo by Eric Kanalstein. Chapter 4: Supporting a strong national legal and policy framework | 43