upon the socio-economic situation of women in the global economy. A full list of sources can be found in the bibliography, at the end of this study. Key concepts The following are a couple of the key concepts used in this study. The explanations provided below should be considered indicative rather than universal, and should be limited to this study. Gender: refers to the social attributes and opportunities associated with being part of a certain sex, and the relationships that exists between persons of different sexes. These attributes, opportunities and relationships are socially construed, and are learned throughout different kinds of socialisation processes. They are both contextual, time-specific and changeable. Gender commonly determines what is expected by a person of a certain sex, given the specific context. As a consequence of these pre-determined roles, women and men are often exposed to differences and inequalities in responsibilities assigned, activities undertaken, access to resources and decision-making opportunities. Gender also intersects with other important socio-cultural attributes, such as class, race and poverty levels. Gender equality: refers to the equal rights, responsibilities and opportunities of the different sexes. Gender equality does not mean that the sexes should become the same, but that women’s and men’s rights, responsibilities and opportunities should not be dependent on the sex that a person was born with. Gender equality recognises the diversity of different groups of women and men. It is not a women’s issue, but engages all sexes. It is a human rights issue and an important indicator of sustainable and people centred development. Structure of study Chapter 1 explains why women are at increased risk of being exposed to corporate human rights violations. Chapter 2 highlights the importance of rights based approach to gender equality and outlines the protections of women’s rights within the international human rights framework. Chapter 3 describes the nature and sources of the emerging business and human rights framework, with focus on the UN Guiding Principles on Business and Human Rights and the incorporation of a gender perspective. Chapter 4 gives an insight into the debates on gender mainstreaming as a strategy at to achieve gender equality at UN level. Chapter 5 explains how the business and human rights community could, ideally, embed a gender perspective into its framework, taking into consideration its scope and content, and by looking at previous efforts made at international level.
The international human rights framework is thereto complemented by International Labour Organisation’s (ILO) gender equality Conventions, such as Conventions No. 100 (equal numeration), 111 (discrimination in employment and occupation); 156 (workers with family responsibilities); 183 (maternity protection) and 189 (domestic workers). 2.3. Global commitments to women’s human rights – an overview “Women’s rights are human rights” Hillary Clinton, 1995 Women’s human rights have been the focus of a series of international conferences which have produced a series of significant political commitments to women’s rights and gender equality. The first conference on women was held in Mexico City in 1975, and resulted in the World Plan of Action and the designation of 1975-1985 as the UN Decade for Women. The second international conference was held in 1980 in Copenhagen, and CEDAW was opened for signature. Following was the third conference in Nairobi, with the Committee on the Elimination of Discrimination Against Women having started its work in 1982. These conferences generated much activism on the part of women, and laid the ground work for the conferences in the 1990s, including the 1995 world conference held in Beijing. In 1993, during the world conference in Vienna, the international community sought to review the status of the human rights machinery that was in place at the time. This included the Vienna Declaration and Programme of Action which proclaimed that “the human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights”. The Programme of Action called for “the eradication of any conflicts which may arise between the rights of women and the harmful effects of certain traditional or customary practices, cultural prejudices and religious extremism”. In 1994, the International Conference on Population and Development was held. Although focus was on population issues, the international community agreed that population was not only about demographics but also about the people. Its Programme of Action thus included issues fundamentally important to women’s/human rights, including gender equality, reproductive health and family planning (only to name a few). In 1995, the fourth world conference on women was held in Beijing. The Beijing Declaration and Platform for Action builds on the previously held conferences and firmly stated that women’s rights are human rights. The Platform for Action consists of a number of strategic objectives that seeks to eliminate discrimination against women and achieve equality between the sexes. Thereto, it involves global political and legal strategies that are based
Radu Mares, Business and Human Rights After Ruggie: Foundations, the Art of Simplification and the Imperative of Cumulative Progress, in The UN Guiding Principles on Business and Human Rights – Foundations and Implementation by Martinus Nijhoff Publishers (Leiden, Boston 2012) Ramya Subrahmanian, Making sense of gender in shifting institutional contexts: some reflections on gender mainstreaming in Feminism in development: contradictions, contestations and challenges, in Feminisms and Development: contradictions, contestations and challenges, 2006 Online sources Gender, Business and Human Rights Reference Group, Submission to the UN Working Group on Human Rights and Transnational Corporations and other Business Enterprises: Gender and Development Network, Women Economic Justice Group, Why National Action Plans on Business and Human Rights must integrate and prioritize gender equality and women’s human rights, 2015: Global Justice, 10 biggest corporations making more money than most countries in the world combined, 2016: HRBA Portal, What is a human-rights based approach?: http://hrbaportal.org/faq/what-is-a-human-rights-based-approach Human Rights Watch, Without Rules: a failed approach to corporate accountability, 2013: https://www.hrw.org/sites/default/files/related_material/business.pdf International Labour Organisation, Maternity and paternity at work: law and practice across the world, 2014: International Labour Organisation, Women at Work Trends 2016, 2016: International Labour Organisation, Ratifications of C100 – Equal Remuneration Convention, 1951 (No. 100):