Gender equality
Definition
Gender equality is a human right. Gender equality means that women are entitled to live with dignity and freedom from fear. Gender has been identified as a critical component of HIV related programs. Evidence indicates that the patriarchal societal structure has created deep gender divides. This gender divide is then strongly associated with HIV infections and status. This can manifest as, for instance, gendered violence leading to higher risk to acquire HIV or disclosure of HIV status leading to violence and persistent violence can lead to poor adherence to antiretroviral treatment. People capable of giving birth that also have HIV status and overlapping vulnerabilities can have higher propensity to face discrimination from healthcare workers.
Addressing vulnerabilities driven by gender requires an understanding of their added risks and clear articulation of the need for gender-centric legislations and policies. International resolutions and other documents reflected in the Language Compendium highlight the need for those legislations and policies. These precedents urge States “to prevent and respond to gender-related killing of women and girls,” in accordance with their commitments and obligations under international law. International precedents have also underlined intersectionalities that create overlapping vulnerabilities for women that, for instance, have HIV status or are migrant workers.
Precedents
2022 Resolution on Violence Against Women Migrant Workers
“Urges States to adopt or develop and implement legislation and policies, in accordance with their commitments and obligations under international law, to prevent and respond to gender-related killing of women and girls, including femicide, while taking into account the particular difficulties faced by women migrant workers in accessing justice.” (paragraph 12)
“Calls upon States to address the structural and underlying causes of all forms of violence against women migrant workers, including through education and the dissemination of information and by raising awareness of gender equality issues, promoting their economic empowerment and access to decent work and, where relevant, their integration into the formal economy, in particular in economic decision-making, and promoting their participation in public life, as appropriate.” (paragraph 20)
“Urges Member States to establish an inclusive and gender-responsive public health response to the COVID-19 pandemic that addresses the specific needs of migrant women and provides equitable access to comprehensive health-care services for women migrant workers, including mental health and psychosocial support, palliative care and access to safe, quality, effective and affordable vaccination.” (paragraph 24)
2021 Global AIDS Strategy 2021-2026
“Less than 10% of women, girls, people living with HIV and key populations experience gender inequality and violence;
(i) Less than 10% of women and girls experience physical or sexual violence from an intimate partner by 2025;
Less than 10% of key populations (i.e., gay men and other men who have sex with men, sex workers, transgender people and people who inject drugs) experience physical or sexual violence by 2025;
(ii) Less than 10% of people living with HIV experience physical or sexual violence by 2025;
(iii) Less than 10% of people support inequitable gender norms by 2025;
(iv) Greater than 90% of HIV services are gender-responsive by 2025.” (annex 1, 2025 targets)“80% services for women, including prevention services for women at increased risk to acquire HIV, as well as programmes and services for access to HIV testing, linkage to treatment (ART), adherence and retention support, reduction/elimination of violence against women, reduction/elimination of HIV related stigma and discrimination among women, legal literacy and legal services specific for women- related issues, to be delivered by community-led organizations that are women-led” (annex 2, 2025 targets)
“Recognizing the equal worth and dignity of every person is not only an ethical imperative and an obligation arising from international human rights instruments, it is central for ending AIDS as a public health threat. SDG 3 cannot be achieved if stigma, discrimination, criminalization of key populations, violence, social exclusion and other human rights violations in the context of HIV are allowed to continue and if HIV-related inequalities persist. The evidence consistently shows that the criminalization of people living with HIV and key populations reduces service uptake and increases HIV incidence. Gender inequalities also increase the HIV vulnerability of women and girls, with women who experience intimate partner violence in high-prevalence settings more than 50% more likely to be living with HIV.” (paragraph 129)
“Gender inequality is a key driver of the AIDS epidemic. Unequal power dynamics between men and women and harmful gender norms increase the HIV vulnerability of women and girls in all their diversity, deprive them of voice and the ability to make decisions regarding their lives, reduce their ability to access services that meet their needs, increase their risks of violence or other harms, and hamper their ability to mitigate the impact of AIDS.” (paragraph 145)
“Policy barriers, such as age-of-consent laws for accessing HIV testing or sexual and reproductive health services, as well as the social stigma associated with using those services, hinder adolescent girls from making decisions about their own sexual and reproductive health. Discriminatory laws and practices should be repealed, using the Convention on Elimination of All Forms of Discrimination Against Women as a monitoring tool to highlight violations of the rights of women living with and affected by HIV.” (paragraph 148)
“A lack of education and economic opportunities and insufficient or nonexistent access to comprehensive sexuality education also increase women and girls’ vulnerability to HIV. Research evidence confirms that completion of secondary education can help protect girls against HIV acquisition, while also yielding broader social and economic benefits. Comprehensive sexuality education helps improve young people’s knowledge about HIV and counters misinformation about sexual and reproductive health. A growing body of data has validated numerous, intersectoral, gender-transformative interventions. Important, though still inadequate, investments by the Global Fund, the United States President’s Emergency Plan for AIDS Relief (PEPFAR), UN Women, UNICEF and other partners are supporting the empowerment, mobilization and leadership of women living with HIV, women from key populations, and adolescent girls and young women.” (paragraph 150)
“Prioritize people who are left behind due to their gender, age, sexual orientation or gender identity or occupation. Ensure that women and girls who face intersecting forms of discrimination and violence (e.g. indigenous women, women with disabilities, women who use drugs, women in prison, female sex workers and transgender women) receive the tailored services and support they need, and ensure that they are meaningfully engaged in HIV-related decision-making. Ensure access to rights literacy and meaningful complaint and redress mechanisms for violations of their human rights in the context of HIV.” (paragraph 153(f))
“Repeal discriminatory laws and policies that increase women and girls’ vulnerability to HIV and address violations of their sexual and reproductive health and rights.” (paragraph 153(h))
“Invest in women-led responses to HIV and in initiatives to support and build women’s leadership––particularly networks of women and girls living with HIV, and women in key populations––in the design, budgeting, implementation and monitoring of the HIV response at regional, national, subnational and community levels.” (paragraph 153(i))
2021 Political declaration on HIV and AIDS
“Note with concern that inequalities across multiple forms and dimensions, whilst different in different national contexts, can include those based on HIV status, gender, race, ethnicity, disability, age, income level, education, occupation, geographic disparities, migratory status and incarceration and these often overlap to compound each other, and have contributed to the failure to reach the 2020 global HIV targets.” (paragraph 22)
“Recognize that sexual and gender-based violence, including intimate partner violence, the unequal socioeconomic status of women, structural barriers to women’s economic empowerment and insufficient protection of the sexual and reproductive health and reproductive rights, in accordance with the Programme of Action of the International Conference on Population and Development, the 1995 Beijing Declaration and Platform for Action and the outcome documents of their review conferences, of women and girls compromise their ability to protect themselves from HIV infection and aggravate the impact of AIDS.” (paragraph 29)
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Commit to put gender equality and the human rights of all women and girls in diverse situations and conditions at the forefront of efforts to mitigate the risk and impact of HIV by:
(a) Ensuring the establishment, financing and implementation of national gender equality strategies that challenge and address the impact of sexual and gender-based violence, harmful practices such as child, early and forced marriage and female genital mutilation, negative social norms and gender stereotypes, and that increase the voice, autonomy, agency and leadership of women and girls;
(b) Fulfilling the right to education of all girls and young women, economically empowering women by providing them with job skills, employment opportunities, financial literacy and access to financial services, scaling up social protection interventions for girls and young women, and engaging men and boys as agents of change in intensified efforts to transform negative social norms and gender stereotypes;
(d) Eliminating all forms of sexual and gender-based violence, including intimate partner violence, by adopting and enforcing laws, changing harmful gender stereotypes and negative social norms, perceptions and practices, and providing tailored services that address multiple and intersecting forms of discrimination and violence faced by women living with, at risk of and affected by HIV;
(e) Reducing to no more than 10 per cent the number of women, girls and people living with, at risk of and affected by HIV who experience gender-based inequalities and sexual and gender-based violence by 2025;
(f) Ensuring by 2025 that 95 per cent of women and girls of reproductive age have their HIV and sexual and reproductive health-care service needs met, including antenatal and maternal care, information and counselling;
(g) Reducing the number of new HIV infections among adolescent girls and young women to below 50,000 by 2025.” (paragraph 63)
“Requesting the Joint Programme to continue to support Member States, within its mandate, in addressing the social, economic, political and structural drivers of the AIDS epidemic, including through the promotion of gender equality and the empowerment of women, and human rights, by strengthening the capacities of national Governments to develop comprehensive national strategies to end AIDS and by advocating for greater global political commitment in responding to the epidemic.” (paragraph 70(b))
2021 CSW Report on women and HIV/AIDS
“Stigma (including in health-care settings), gender inequalities, intimate partner violence, poverty and discriminatory laws and practices continue to limit access and the ability or willingness of women, and especially adolescent girls, to test, seek treatment or remain engaged in care. As of 2020, 108 countries reporting to the UNAIDS National Commitments and Policy Instrument required parental or guardian consent for HIV tests for adolescents and 48 required such consent for HIV treatment.” (paragraph 22)
“The Commission may wish to encourage Member States to give meaningful support to the voices, participation and decision-making of women, particularly young women and adolescent girls, in all their diversity, including women living with HIV and women in key populations, as integral partners in national HIV coordinating bodies, national dialogue and community-led processes, including by strengthening the capacities of their organizations and by ensuring formal participation in the design, delivery and monitoring of all strategies, programmes and interventions that affect them.” (paragraph 57(b))
“The Commission may wish to encourage Member States to reform laws that directly or indirectly discriminate against women and girls, including those affecting women living with and affected by HIV and women in key populations, and to adopt appropriate legislative, administrative, budgetary, judicial and other measures to ensure the full realization of women’s sexual and reproductive health and rights.” (paragraph 57(c))
“The Commission may wish to encourage the United Nations system and other international actors to scale up funding and technical resources for evidence-based interventions that address the gender-based structural, social and economic inequalities that fuel the HIV epidemic.” (paragraph 58(a))
“The unequal status of women and girls across political, social, economic and cultural domains continue to put women at greater risk of HIV infection and affects access to and uptake of HIV services. Factors that increase the risk of HIV infection, such as poverty, food insecurity, gender-based violence, stigma and discrimination, child and forced age-disparate marriage, low educational completion rates and limited access to quality unbiased information, disproportionately affect women and girls. These factors have been exacerbated by the COVID-19 pandemic. Social norms and controlling behaviours by men still prevent many women and adolescent girls from using contraception, refusing unwanted sex and making their own decisions about their health care.” (paragraph 6)
2021 UNESC Resolution on UNAIDS
“Calls for reinvigorated efforts to protect human rights and promote gender equality in the context of HIV and to address social risk factors, including gender-based violence and domestic violence, including intimate partner violence, which can be understood differently in different contexts, as well as social and economic determinants of health, with the aim of reducing health inequities within and among countries.” (paragraph 6)
2020 Resolution on violence against women migrant workers
“Urges States to adopt or develop and implement legislation and policies, in accordance with their commitments and obligations under international law, to prevent and respond to gender-related killing of women and girls, including femicide, while taking into account the particular difficulties faced by women migrant workers in accessing justice.” (paragraph 12)
“Urges Governments to enhance bilateral, regional, interregional and international cooperation to address violence against women migrant workers, fully respecting international law, including international human rights law, as well as to strengthen efforts to reduce the vulnerability of women migrant workers by promoting decent work, by, inter alia, adopting minimum wage policies and employment contracts in accordance with applicable laws and regulations, facilitating effective access to justice and effective action in the areas of law enforcement, prosecution, prevention, capacity-building and victim protection and support, exchanging information and good practices in combating violence and discrimination against women migrant workers and fostering sustainable development alternatives to migration in countries of origin.” (paragraph 14)
“Also urges Governments to take into account the best interests of the child by adopting or strengthening measures to respect, promote and protect the human rights of migrant children, especially girls, including unaccompanied girls, regardless of their migratory status, so as to prevent trafficking in persons, labour and economic exploitation, discrimination, all forms of sexual exploitation, sexual harassment, violence and sexual abuse of migrant children, including in online and digital context.” (paragraph 15)
“Further urges Governments to strongly encourage all stakeholders, especially the private sector, including employment agencies involved in recruiting women migrant workers, to strengthen the focus on and funding support for the prevention of violence against women migrant workers, in particular by promoting the access of women to meaningful and gender-sensitive information and education on, inter alia, the costs and benefits of migration, rights and benefits to which they are entitled in the countries of origin and employment, overall conditions in countries of employment and procedures for legal migration, as well as to ensure that laws and policies governing recruiters, employers and intermediaries promote adherence to and respect for the human rights and, where applicable, labour rights of migrant workers, particularly women.” (paragraph 16)
“Calls upon States to address the structural and underlying causes of violence against women migrant workers, including through education and dissemination of information and by raising awareness of gender-equality issues, promoting their economic empowerment and access to decent work and, where relevant, their integration into the formal economy, in particular in economic decision-making, and promoting their participation in public life, as appropriate.” (paragraph 20)
“Urges States that have not yet done so to adopt and implement legislation and policies that protect all women migrant workers, including those in domestic work, to include therein, and improve where necessary, relevant monitoring and inspection measures, in line with applicable International Labour Organization conventions and other instruments to ensure compliance with international obligations and to grant women migrant workers in domestic service access to gender-sensitive, transparent mechanisms for bringing complaints against recruitment agencies and employers, including terminating their contracts in the event of labour and economic exploitation, discrimination, sexual harassment, violence and sexual abuse in the workplace, while stressing that such instruments should not punish women migrant workers, and calls upon States to promptly investigate and punish all violations of their rights.” (paragraph 26)
“Urges States to adopt national gender-responsive migration policies and legislation, in line with relevant obligations under international law, to protect the human rights of all migrant women and girls, regardless of migration status; recognize the skills and education of women migrant workers to promote their economic empowerment in all sectors and, as appropriate, facilitate their productive employment, decent work and integration into the labour force, including in the fields of education and science and technology; recognize the importance of protecting labour rights and a safe environment for women migrant workers and those in precarious employment, including preventing and addressing abuse and exploitation, protecting women migrant workers in all sectors and promoting labour mobility; provide newly arrived migrant women with targeted, gender-responsive, child-sensitive, accessible and comprehensive information and legal guidance on their rights and obligations, including on compliance with national and local laws, obtaining work and resident permits, status adjustments, registration with authorities, access to justice to file complaints about rights violations, as well as access to basic services; encourage cooperation among various stakeholders, including countries of origin, transit and destination, in ensuring that migrant women and girls have adequate identification and the provision of relevant documents to facilitate access to social protection mechanisms; and facilitate the sustainable reintegration of returning migrant women and girls by providing them with equal access to social protection and services.” (paragraph 29)
“Calls upon all Governments to incorporate a human rights, gender-responsive and people-centred perspective in legislation, policies and programmes on international migration and on labour and employment, consistent with their human rights obligations and commitments under human rights instruments, for the prevention of and protection of migrant women against violence and discrimin ation, trafficking in persons, exploitation and abuse, to take effective measures to ensure that such migration and labour policies do not reinforce discrimination, and, where necessary, to conduct impact assessment studies of such legislation, policies and programmes, and to take into account the need for effective and meaningful participation of women migrant workers and relevant civil society organizations, as appropriate, in the formulation of such policies and programmes.” (paragraph 7)
“Calls upon Governments to adopt or strengthen measures to protect the human rights of women migrant workers, including domestic workers, regardless of their migratory status, including in policies that regulate the recruitment and deployment of women migrant workers, to consider expanding dialogue among States on devising innovative methods to promote legal channels of migration in order to deter irregular migration, to consider incorporating a gender perspective into immigration laws in order to prevent discrimination and violence against women, including in independent, circular and temporary migration, and to consider permitting, in accordance with national legislation, women migrant workers who are victims of violence, trafficking in persons or other forms of exploitation or abuse to apply for residency permits independently of abusive employers or spouses, and to eliminate abusive sponsorship systems.” (paragraph 8)
2019 UNESC Resolution on UNAIDS
“Calls for urgent action and partnership by Member States, the United Nations system, civil society, local communities, the private sector and other stakeholders to scale up evidence-based HIV prevention, testing, treatment, care and retention, including access to safe, effective, quality and affordable medicines, including generics, viral load testing in pursuit of achieving viral load suppression, and tuberculosis preventative treatment, to ensure that those services reach the people who need them the most, including key populations that epidemiological evidence shows to be globally at higher risk of HIV infection, adolescent girls and young women, and calls for reinvigorated efforts to protect human rights and promote gender equality and to address social risk factors, including gender-based violence, as well as social and economic determinants of health.” (paragraph 4)
2019 Political declaration of the HLM on UHC
“Provide better opportunities and working environments for women to ensure their role and leadership in the health sector, with a view to increasing the meaningful representation, engagement, participation and empowerment of all women in the workforce, addressing inequalities and eliminating biases against women, including unequal remuneration, while noting that women, who currently form 70 per cent of the health and social workforce, still often face significant barriers in taking leadership and decision-making roles.” (paragraph 63)
“Mainstream a gender perspective on a systems-wide basis when designing, implementing and monitoring health policies, taking into account the specific needs of all women and girls, with a view to achieving gender equality and the empowerment of women in health policies and health systems delivery.” (paragraph 69)
2018 Political declaration of the third HLM on NCDs
“Acknowledge that mainstreaming a gender perspective into the prevention and control of non-communicable diseases is crucial to understanding and addressing the health risks and needs of women and men of all ages, giving particular attention to the impact of non-communicable diseases on women in all settings.” (paragraph 14)
2017 Resolution on international cooperation to address and counter the world drug problem
“Reiterates its call to mainstream a gender perspective into and ensure the involvement of women in all stages of the development, implementation, monitoring and evaluation of drug policies and programmes, to develop and disseminate gender-sensitive and age-appropriate measures that take into account the specific needs and circumstances faced by women and girls with regard to the world drug problem and, as States parties, implement the Convention on the Elimination of All Forms of Discrimination against Women.” (paragraph 14)
2016 Resolution on Women, the Girl Child and HIV and AIDS
“Calls upon governments, international partners and civil society to give full attention to the high levels of new HIV infections among young women and adolescent girls and its root causes, bearing in mind that women and girls are physiologically more vulnerable to HIV, especially at an earlier age, than men and boys, and that this is increased by discrimination and all forms of violence against women, girls and adolescents, including sexual exploitation and harmful practices.” (paragraph 1)
“Urges governments to increase political commitment and domestic financing to achieve gender equality and the empowerment of women and girls through national HIV and AIDS responses targeting women and girls that respect, promote and protect human rights and fundamental freedoms for women and girls, including in the context of the HIV epidemic, and promote equal economic opportunities and decent work for women and girls.” (paragraph 19)
“Calls upon Member States to intensify efforts to achieve gender equality and the empowerment of women and girls in all spheres of life, recognizing that structural gender inequalities, discrimination, violence against women and girls and harmful masculinities undermine effective HIV responses and the full and equal enjoyment of human rights and fundamental freedoms by women and girls.” (paragraph 2)
“Requests governments, the private sector, the international donor community and funds, programmes and agencies of the United Nations to intensify financial and technical support for national efforts to end AIDS and achieve gender equality and the empowerment of women and girls, focused on women and girls affected by the HIV and AIDS epidemic, and also to intensify financial and technical support for mainstreaming gender and human rights perspectives in policies, planning, programmes, monitoring and evaluation.” (paragraph 21)
“Urges governments to eliminate gender inequalities and gender-based abuse and violence, increase the capacity of women and adolescent girls to protect themselves from the risk of HIV infection, principally through the provision of health care and services, including, inter alia, sexual and reproductive health care, as well as full access to comprehensive information and education, ensure that women can exercise their right to have control over, and decide freely and responsibly on, matters related to their sexuality, including their sexual and reproductive health, free of coercion, discrimination and violence, in order to increase their ability to protect themselves from HIV infection, and take all necessary measures to create an enabling environment for the empowerment of women and strengthen their economic independence and, in that context, reiterates the importance of the role of men and boys in achieving gender equality.” (paragraph 9)
2016 Outcome Document of the Session on the World Drug Problem
“Mainstream a gender perspective into and ensure the involvement of women in all stages of the development, implementation, monitoring and evaluation of drug policies and programmes, develop and disseminate gender-sensitive and age- appropriate measures that take into account the specific needs and circumstances faced by women and girls with regard to the world drug problem and, as States parties, implement the Convention on the Elimination of All Forms of Discrimination against Women.” (paragraph 4(g))
2016 Political Declaration on HIV and AIDS
“Remain deeply concerned that, globally, women and girls are still the most affected by the epidemic and that they bear a disproportionate share of the caregiving burden, note that progress towards gender equality and the empowerment of all women and girls has been unacceptably slow and that the ability of women and girls to protect themselves from HIV continues to be compromised by physiological factors, gender inequalities, including unequal power relations in society between women and men and boys and girls, and unequal legal, economic and social status, insufficient access to health-care services, including sexual and reproductive health, and all forms of discrimination and violence in the public and private spheres, including trafficking in persons, sexual violence, exploitation and harmful practices.” (paragraph 41)
“Recognize that the unequal socioeconomic status of women compromises their ability to prevent HIV or mitigate the impact of AIDS, acknowledge the mutually reinforcing links between the achievement of gender equality and the empowerment of all women and girls and the eradication of poverty, and reaffirm that the promotion and protection of, and respect for, the human rights and fundamental freedoms of women should be mainstreamed into all policies and programmes aimed at the eradication of poverty.” (paragraph 61(a))
“Stress, in that regard, that the lack of protection and promotion of the human rights of all women and their sexual and reproductive health and reproductive rights in accordance with the Programme of Action of the International Conference on Population and Development, the Beijing Platform for Action and the outcome documents of their review conferences, and insufficient access to the highest attainable standard of physical and mental health, aggravates the impact of the epidemic, especially among women and girls, increasing their vulnerability and endangering the survival of present and future generations.” (paragraph 61(b))
“Pledge to eliminate gender inequalities and gender-based abuse and violence, increase the capacity of women and adolescent girls to protect themselves from the risk of HIV infection, principally through the provision of health care and services, including, inter alia, sexual and reproductive health, as well as full access to comprehensive information and education, ensure that women can exercise their right to have control over, and decide freely and responsibly on, matters related to their sexuality, including their sexual and reproductive health, free of coercion, discrimination and violence, in order to increase their ability to protect themselves from HIV infection, and take all necessary measures to create an enabling environment for the empowerment of women and to strengthen their economic independence, and, in this context, reiterate the importance of the role of men and boys in achieving gender equality.” (paragraph 61(c))
“Commit to achieving gender equality and the empowerment of all women and girls, to respecting, promoting and protecting their human rights, education and health, including their sexual and reproductive health, by investing in gender-responsive approaches and ensuring gender mainstreaming at all levels, supporting women’s leadership in the AIDS response and engaging men and boys, recognizing that gender equality and positive gender norms promote effective responses to HIV.” (paragraph 61(d))
“Commit to ending all forms of violence and discrimination against women and girls, such as gender-based, sexual, domestic and intimate partner violence, by, inter alia, eliminating sexual exploitation of women, girls and boys, trafficking in persons, femicide, abuse, rape in every and in all circumstances and other forms of sexual violence, discriminatory laws and harmful social norms that perpetuate the unequal status of women and girls, as well as harmful practices such as child, early and forced marriage, forced pregnancy, forced sterilization, in particular of women living with HIV, forced and coerced abortion and female genital mutilation, including in conflict, post-conflict and other humanitarian emergencies, as these can have serious and long-lasting impacts on the health and well-being of women and girls throughout the life cycle and increase their vulnerability to HIV.” (paragraph 61(h))
“Commit to adopting, reviewing and accelerating effective implementation of laws that criminalize violence against women and girls, as well as comprehensive, multidisciplinary and gender-responsive preventive, protective and prosecutorial measures and services to eliminate and prevent all forms of violence against all women and girls, in public and private spaces, as well as harmful practices.” (paragraph 61(i))
“Commit to developing and to strengthening, in all countries, national policies, norms and measures directly aimed at awareness, prevention and punishment of all forms of violence and discrimination against women and girls, as well as to developing policies aimed at the prevention of sexual violence and comprehensive care for children and adolescents sexually abused.” (paragraph 61(k))
2016 Resolution on the girl child
“Urges all States to enact, uphold and strictly enforce laws and policies aimed at preventing and ending child, early and forced marriage and protecting those at risk and to ensure that marriage is entered into only with the informed, free and full consent of the intending spouses, to enact and strictly enforce laws concerning the minimum legal age of consent and the minimum age for marriage, to raise the minimum age for marriage, engage all relevant stakeholders, including girls, where necessary, and ensure that these laws are well known, to further develop and implement holistic, comprehensive and coordinated policies, plans of action and programmes and to support already married girls and adolescents and ensure the provision of viable alternatives and institutional support, especially educational opportunities for girls, to ensure the survival, protection, development and advancement of the girl child in order to promote and protect the full enjoyment of her human rights and to ensure equal opportunities for girls, including by making such plans an integral part of her total development process.” (paragraph 13)
“Urges States to improve the situation of girl children living in poverty, in particular extreme poverty, deprived of adequate food and nutrition, water and sanitation facilities, with limited or no access to basic physical and mental health-care services, shelter, education, participation and protection, taking into account that, while a severe lack of goods and services hurts every human being, it is particularly threatening and harmful to the girl child and is further exacerbated by living in a child-headed household, leaving her unable to enjoy her rights, to reach her full potential and to participate as a full member of society.” (paragraph 3)
2012 Resolution on women in development
“Urges the donor community, Member States, international organizations, including the United Nations, the private sector, non-governmental organizations, trade unions and other stakeholders to strengthen the focus and impact of development assistance targeting gender equality and the empowerment of women and girls through gender mainstreaming, the funding of targeted activities and enhanced dialogue between donors and partners, and to also strengthen the mechanisms needed to measure effectively the resources allocated to incorporating gender perspectives in all areas of development assistance.” (paragraph 10)
“Urges Member States to incorporate a gender perspective, commensurate with gender-equality goals, into the design, implementation, monitoring, evaluation and reporting of national development strategies, to ensure alignment between national action plans on gender equality and national development strategies, and to encourage the involvement of men and boys in the promotion of gender equality, and in this regard calls upon the United Nations system to support national efforts to develop methodologies and tools and to promote capacity-building and evaluation.” (paragraph 11)
“Encourages Member States to ensure inclusive and more effective participation of national mechanisms for gender equality and women’s empowerment in the formulation of national development strategies, including strategies aimed at eradicating poverty and reducing inequalities, and calls upon the United Nations system to support national efforts in this regard.” (paragraph 12)
“Encourages Member States, the United Nations system and donor countries to strengthen gender-responsive planning and budgeting processes and to develop and strengthen methodologies and tools for this purpose as well as for the monitoring and evaluation of investments for gender-equality results, as appropriate, and encourages donors to mainstream a gender perspective in their practices, including joint coordination and accountability mechanisms.” (paragraph 14)
“Encourages Governments, the private sector, non-governmental organizations and other actors of civil society to promote and protect the rights of women workers, to take action to remove structural and legal barriers to, as well as eliminate stereotypic attitudes towards, gender equality at work, and to initiate positive steps towards promoting equal pay for equal work or for work of equal value.” (paragraph 17)
“Encourages Member States to adopt and/or review and to fully implement gender-sensitive legislation and policies that reduce, through specifically targeted measures, horizontal and vertical occupational segregation and gender-based wage gaps.” (paragraph 20)
“Urges Governments to take measures to facilitate equitable access to land and property rights by providing training designed to make the judicial, legislative and administrative system more responsive to gender-equality issues, to provide egal aid for women seeking to claim their rights, to support the efforts of women’s groups and networks and to carry out awareness campaigns so as to draw attention to the need for women’s equal rights to land and property.” (paragraph 28)
2011 Political Declaration on HIV and AIDS
“Pledge to eliminate gender inequalities and gender-based abuse and violence, increase the capacity of women and adolescent girls to protect themselves from the risk of HIV infection, principally through the provision of health care and services, including, inter alia, sexual and reproductive health, as well as full access to comprehensive information and education, ensure that women can exercise their right to have control over, and decide freely and responsibly on, matters related to their sexuality, including their sexual and reproductive health, free of coercion, discrimination and violence, in order to increase their ability to protect themselves from HIV infection, and take all necessary measures to create an enabling environment for the empowerment of women and to strengthen their economic independence, and, in this context, reiterate the importance of the role of men and boys in achieving gender equality.” (paragraph 53)
2011 Resolution on trafficking in women and girls
“Also urges Governments, in cooperation with intergovernmental and non-governmental organizations, to support and allocate resources to strengthen preventive action, in particular education for women and men, as well as for girls and boys, on gender equality, self-respect and mutual respect, and campaigns, carried out in collaboration with civil society, to increase public awareness of the issue at the national and grass-roots levels.” (paragraph 11)
“Also calls upon Governments to take appropriate measures to address the factors that increase vulnerability to being trafficked, including poverty and gender inequality, as well as other factors that encourage the particular problem of trafficking in women and girls for prostitution and other forms of commercialized sex, forced marriage, forced labour and organ removal, in order to prevent and eliminate such trafficking, including by strengthening existing legislation with a view to providing better protection of the rights of women and girls and to punishing perpetrators, including public officials engaging in or facilitating human trafficking, through, as appropriate, criminal and/or civil measures.” (paragraph 8))
2009 ECOSOC Resolution on UNAIDS
“Recognizes the interrelated nature of the health- and gender-related Millennium Development Goals, and welcomes the progress made by the Joint Programme in assisting countries in accelerating action on women, girls and gender equality within the context of AIDS, including the appointment of an advisory group, under the leadership of the Executive Director, to develop, implement and monitor an operational plan in relation to a strengthened inter-agency strategy and the drafting of the UNAIDS Action Framework: Addressing Women, Girls, Gender Equality and HIV.” (paragraph 21)
2006 Political Declaration on HIV/AIDS
“Pledge to eliminate gender inequalities, gender-based abuse and violence; increase the capacity of women and adolescent girls to protect themselves from the risk of HIV infection, principally through the provision of health care and services, including, inter alia, sexual and reproductive health, and the provision of full access to comprehensive information and education; ensure that women can exercise their right to have control over, and decide freely and responsibly on, matters related to their sexuality in order to increase their ability to protect themselves from HIV infection, including their sexual and reproductive health, free of coercion, discrimination and violence; and take all necessary measures to create an enabling environment for the empowerment of women and strengthen their economic independence; and in this context, reiterate the importance of the role of men and boys in achieving gender equality.” (paragraph 30)
2001 Declaration of Commitment on HIV/AIDS
“Stressing that gender equality and the empowerment of women are fundamental elements in the reduction of the vulnerability of women and girls to HIV/AIDS.” (paragraph 14)
“By 2005, implement measures to increase capacities of women and adolescent girls to protect themselves from the risk of HIV infection , principally through the provision of health care and health services, including for sexual and reproductive health, and through prevention education that promotes gender equality within a culturally and gender-sensitive framework.” (paragraph 60)
Expert precedents
2022 OHCHR Annual Report on Human Rights and HIV/AIDS
“Recommend that States that have not yet conducted an assessment of the extent to which existing legal and policy frameworks comply with the human rights norms and gender equality norms applicable to the HIV response, and of their commitments under the Political Declaration, do so through a process involving the meaningful participation of stakeholders, including key populations, women and girls and young people.” (paragraph 15 (a))
“Recommend that States develop national strategies and plans to address discrimination against women and girls in all their diversity in their access to health services, including sexual and reproductive health services; these should be implemented in tandem with strategies to protect women and girls from gender-based violence, taking into account its interlinkages with HIV/AIDS, and all strategies and plans should be developed in consultation with women-led organizations and women and girls living with HIV, and be fully funded.” (paragraph 29(a))
“Recommend that States increase investments into innovative data collection methodologies to inform policy and action on gender-based violence; access to effective and victim-centred remedies for gender-based violence should be made readily available and accountability for perpetrators enforced.” (paragraph 29(c))
2021 Report of the Special Rapporteur on the right to health
“The Special Rapporteur observes a global patriarchal culture, a regressive climate and pushback in the area of sexual and reproductive health rights and opposition to gender equality. Gains made in the past decades in these areas are at risk of being rolled back, with the rights and perspectives of women, girls and LGBTIQ+ persons sidelined.” (paragraph 82)
2006 Report of the Special Rapporteur on the Right to Health
“It is also vital to address social, cultural, political and legal factors which influence women’s decisions to seek maternal or other reproductive health-care services. This may require addressing discriminatory laws, policies, practices and gender inequalities that prevent women and adolescents from seeking good quality services.” (paragraph ii(a)(17)(c))
1999 General Recommendation No.24 on women and health
“As a consequence of unequal power relations based on gender, women and adolescent girls are often unable to refuse sex or insist on safe and responsible sex practices. Harmful traditional practices, such as female genital mutilation, polygamy, as well as marital rape, may also expose girls and women to the risk of contracting HIV/AIDS and other sexually transmitted diseases. Women in prostitution are also particularly vulnerable to these diseases.” (paragraph 18)
Evidence
2022 WHO Consolidated Guidelines on Person-centred HIV Strategic Information
“While the overall HIV burden is higher in girls and women, men are less likely to get tested for HIV and, if infected, less likely to be on treatment and less likely to be virally suppressed. A growing body of evidence shows that men have less access than women to HIV prevention, testing and ART.” (p. 21)
2020 Evidence Review of the UNAIDS Strategy 2016-2021
“Sexual and reproductive health and rights are not upheld. Sexual and reproductive health and rights are central to empowering women and adolescent girls, fulfilling their human rights, ensuring their health and wellbeing, creating gender-equal societies and economies, and preventing HIV infections. In 57 countries, only 55% of married or in-union women (aged 15–49 years) currently using contraception are able to make their own decisions regarding their sexual and reproductive health including to refuse unwanted sex. Moreover, there is little sign of improvements in women’s agency.” (p. 66)
“Laws and policies prevent many adolescent girls from making decisions about their own sexual and reproductive health or accessing essential health services, including for contraception and HIV-related services. In 2019, 105 of 142 countries with available data required that adolescents have parental or guardian consent to access HIV testing. In 86 of 138 reporting countries, they needed similar consent to access HIV treatment and care. A recent multicountry review in sub-Saharan Africa found that laws allowing young people younger than 16 years to access HIV testing without parental consent were associated with a 74% increased likelihood of HIV testing utilization among adolescents. Discriminatory criminalization laws linked to HIV can disproportionately affect women, as women are more likely than men to know their HIV status as a result of routine HIV screening in antenatal care.” (p. 67)
“Women who belong to key populations are at particular risk of experiencing violence. Women who use drugs are up to five times more likely to experience violence than non-drug-using women. It is estimated that 45–75% of female sex workers are assaulted or abused at least once in their lifetime, although mechanisms for reporting abuse or accessing survivor services are often blocked due to the criminalization of sex work. Women belonging to ethnic and other minorities, transgender women and women with disabilities face higher risks of violence.” (p. 69)
“Women’s lack of freedom and agency to make decisions regarding their sexual and reproductive health results in inadequate uptake of essential interventions and tools. More than half of the estimated 38 million sexually active adolescent girls (aged 15–19 years) in developing regions in 2016 who needed contraceptives because they were married or were unmarried and sexually active and did not want a child for at least two years, were not using modern contraceptives. Each year, 21 million adolescent girls become pregnant and approximately 12 million adolescent girls give birth, including 777 000 girls under the age of 15. One in three women living with HIV in 19 countries report experiencing at least one form of discrimination related to their sexual and reproductive health in a health-care setting in the previous 12 months (e.g. being advised not to have children, being offered ART on condition they use certain forms of contraception, or being denied sexual and reproductive health services).” (pp. 66–67)
2016 Prevention Gap Report
“Experiences of physical and emotional intimate partner violence in settings with male controlling behaviour and HIV prevalence above 5% have been strongly associated with HIV infection in women. In some regions, women who experienced physical or sexual intimate partner violence were 1.5 times more likely to acquire HIV than women who had not experienced violence.” (p. 20)
“Studies have shown that increasing educational achievement among women and girls is linked to better sexual and reproductive health outcomes, including lower rates of HIV infection, delayed childbearing, safer births and safer abortions, and other development outcomes.” (p. 23)