Promoting and Protecting the Human Rights of Women and Girls A Manual for National Human Rights Institutions In relation to violence against women and girls, NHRIs agree to: • Promote and support the adoption of laws against domestic and family violence, sexual assault and all other forms of gender-based violence, in accordance with international human rights standards (paragraph 16). • Support the adoption of National Action Plans to address violence against women that include provision for the National Action Plans to be independently monitored and evaluated (paragraph 17). In relation to reproductive rights, NHRIs agree to: • Review national laws and administrative regulations relating to reproductive rights such as those governing family, sexual and reproductive health, including laws which are discriminatory or criminalize access to sexual and reproductive health services, and propose recommendations to assist States in meeting their human rights obligations (paragraph 27). APF ACTION PLAN ON THE HUMAN RIGHTS OF WOMEN AND GIRLS: PROMOTING GENDER EQUALITY APF member institutions agree to: • Promote the implementation of international treaty commitments into domestic legislation, policy and practice (paragraph 11). • Encourage States to adopt and implement a national human rights action plan, which should mainstream and prioritise the rights of women and girls (paragraph 10). 4.1. INTRODUCTION A country’s legal framework should provide the foundation for ensuring that the human rights of all persons within its jurisdiction or under its control are promoted and protected. International law recognizes that the protection of women’s and girls’ human rights requires a strong legislative and policy framework. Indeed the central obligation of CEDAW is that States parties eliminate discriminatory laws, policies and practices in the national legal framework. CEDAW also requires States parties to review policies and practices in a range of areas with the aim to address discrimination against women and promote gender equality. As explained in Chapter 2, other human rights treaties also impose obligations on States to ensure that legislation, policies and practices do not discriminate against women or have a discriminatory outcome. For example, the International Covenant on Civil and Political Rights requires States parties to reform domestic legislation to give effect to that treaty’s prohibition on sex-based discrimination. It is very rare that laws, policies and practices fully reflect the needs of women and girls and fully protect their rights. NHRIs can contribute to strengthening these important aspects of the national legal framework in a number of different ways. Firstly, NHRIs can encourage their Government to ratify or accede to key human rights treaties. They also have an important role to play in monitoring and promoting compliance with those human rights treaties that their Government has ratified or acceded to. This may involve analysing existing legislation and policies and assessing whether they meet the standards set out in the treaties. Based on this assessment, NHRIs may propose changes to existing laws or policies or the development of new legislation. NHRIs can also help to develop tools, such as indicators and national action plans, to assist States in implementing their treaty obligations. These tools can be used to monitor progress in respecting, protecting and fulfilling the rights of women and girls. 40

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