5.1.1 Legal Frameworks that Promote, Enforce & Monitor Gender Equality: Area 4 – Marriage and Family
Target 5.1: End all forms of discrimination against all women and girls everywhere
Goal 5: Achieve gender equality and empower all women and girls
Custodian Organization:UN Women, World Bank Group, OECD Development Centre
Tier Classification: Tier II
To facilitate the implementation of the global indicator framework, all indicators are classified by the IAEG-SDGs (Inter-Agency and Expert Group on Sustainable Development Goals Indicators) into three tiers on the basis of their level of methodological development and the availability of data at the global level, as follows:
Tier I: Indicator is conceptually clear, has an internationally established methodology and standards are available, and data are regularly produced by countries for at least 50 per cent of countries and of the population in every region where the indicator is relevant.
Tier II: Indicator is conceptually clear, has an internationally established methodology and standards are available, but data are not regularly produced by countries.
Tier III: No internationally established methodology or standards are yet available for the indicator, but methodology/standards are being (or will be) developed or tested.
Definitions: Indicator 5.1.1 measures Government efforts to put in place legal frameworks that promote, enforce and monitor gender equality. The indicator is based on an assessment of legal frameworks that promote, enforce and monitor gender equality. The assessment is carried out by national counterparts, including National Statistical Offices (NSOs) and/or National Women’s Machinery (NWMs), and legal practitioners/researchers on gender equality, using a questionnaire comprising 45 yes/no questions under four areas of law: (i) overarching legal frameworks and public life; (ii) violence against women; (iii) employment and economic benefits; and (iv) marriage and family1 . The areas of law and questions are drawn from the international legal and policy framework on gender equality, in particular the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which has 189 States parties, and the Beijing Platform for Action. As such, no new internationally agreed standard on equality and non-discrimination on the basis of sex was needed. The primary sources of information relevant for indicator 5.1.1 are legislation and policy/action plans.
The 45 questions in the questionnaire are:
Area 1: Overarching legal frameworks and public life
1. If customary law is a valid source of law under the constitution, is it invalid if it violates constitutional provisions on equality or nondiscrimination?
2. If personal law is a valid source of law under the constitution, is it invalid if it violates constitutional provisions on equality or nondiscrimination?
3. Is there a discrimination law that prohibits both direct and indirect discrimination against women?
4. Do women and men enjoy equal rights and access to hold public and political office (legislature, executive, judiciary)?
5. Are there quotas for women (reserved seats) in, or quotas for women in candidate lists for, national parliament?
6. Do women and men have equal rights to confer citizenship to their spouses and their children?
Enforce and monitor
7. Does the law establish a specialized independent body tasked with receiving complaints of discrimination based on gender (e.g., national human rights institution, women’s commission, ombudsperson)?
8. Is legal aid mandated in criminal matters?
9. Is legal aid mandated in civil/family matters?
10. Does a woman’s testimony carry the same evidentiary weight in court as a man’s?
11. Are there laws that explicitly require the production and/or dissemination of gender statistics?
12. Are there sanctions for noncompliance with mandated candidate list quotas, or incentives for political parties to field women candidates in national parliamentary elections?
Area 2: Violence against women
13. Is there legislation on domestic violence that includes physical violence?
14. Is there legislation on domestic violence that includes sexual violence?
15. Is there legislation on domestic violence that includes psychological/emotional violence?
16. Is there legislation on domestic violence that includes financial/economic violence?
17. Have provisions exempting perpetrators from facing charges for rape if the perpetrator marries the victim after the crime been removed, or never existed in legislation?
18. Have provisions reducing penalties in cases of so-called honour crimes been removed, or never existed in legislation?
19. Are laws on rape based on lack of consent, without requiring proof of physical force or penetration?
20. Does legislation explicitly criminalize marital rape or does legislation entitle a woman to file a complaint for rape against her husband or partner?
21. Is there legislation that specifically addresses sexual harassment?
Enforce and monitor
22. Are there budgetary commitments provided for by government entities for the implementation of legislation addressing violence against women by creating an obligation on government to provide budget or allocation of funding for the implementation of relevant programmes or activities?
23. Are there budgetary commitments provided for by government entities for the implementation of legislation addressing violence against women by allocating a specific budget, funding and/or incentives to support non-governmental organizations for activities to address violence against women?
24. Is there is a national action plan or policy to address violence against women that is overseen by a national mechanism with the mandate to monitor and review implementation?
Area 3: Employment and economic benefits
25. Does the law mandate nondiscrimination on the basis of gender in employment?
26. Does the law mandate equal remuneration for work of equal value?
27. Can women work in jobs deemed hazardous, arduous or morally inappropriate in the same way as men?
28. Are women able to work in the same industries as men?
29. Are women able to perform the same tasks as men?
30. Does the law allow women to work the same night hours as men?
31. Does the law provide for maternity or parental leave available to mothers in accordance with the ILO standards?
32. Does the law provide for paid paternity or parental leave available to fathers or partners?
Enforce and monitor
33. Is there a public entity that can receive complaints on gender discrimination in employment?
34. Is childcare publicly provided or subsidized?
Area 4: Marriage and family
35. Is the minimum age of marriage at least 18, with no legal exceptions, for both women and men?
36. Do women and men have equal rights to enter marriage (i.e., consent) and initiate divorce?
37. Do women and men have equal rights to be the legal guardian of their children during and after marriage?
38. Do women and men have equal rights to be recognized as head of household or head of family?
39. Do women and men have equal rights to choose where to live?
40. Do women and men have equal rights to choose a profession?
41. Do women and men have equal rights to obtain an identity card?
42. Do women and men have equal rights to apply for passports?
43. Do women and men have equal rights to own, access and control marital property including upon divorce?
Enforce and monitor
44. Is marriage under the legal age void or voidable?
45. Are there dedicated and specialized family courts?
Rationale: Equality and non-discrimination on the basis of sex are core principles under the international legal and policy framework, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which has 189 States parties, and the Beijing Platform for Action. This framework sets out the commitments of States to eliminate discrimination against women and promote gender equality, including in the area of legal frameworks. In the Beijing Platform for Action, States pledged to revoke any remaining laws that discriminate on the basis of sex. The five-year review and appraisal of the Beijing Platform for Action (Beijing + 5) established 2005 as the target date for the repeal of laws that discriminate against women. This deadline has come and gone. While there has been progress in reforming laws to promote gender equality, discrimination against women in the law continues in many countries. Even where legal reforms have taken place, gaps in implementation persist. Removing discriminatory laws and putting in place legal frameworks that advance gender equality are prerequisites to ending discrimination against women and achieving gender equality (Goal 5, Target 5.1). Indicator 5.1.1 will be crucial in accelerating progress on the implementation of SDG 5 and all other gender related commitments in the 2030 Agenda for Sustainable Development.
Concepts: Article 1 of CEDAW provides a comprehensive definition of discrimination against women covering direct and indirect discrimination and article 2 sets out general obligations for States, in particular on required legal frameworks, to eliminate discrimination against women. Article 1 of CEDAW states: “… the term “discrimination against women” shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field”. The term “legal frameworks” is defined broadly to encompass laws, mechanisms and policies/plans to ‘promote, enforce and monitor’ gender equality. Legal frameworks that “promote” are those that establish women’s equal rights with men and enshrine nondiscrimination on the basis of sex. Legal frameworks that “enforce and monitor’ are directed to the realization of equality and non-discrimination and implementation of laws, such as policies/plans, establishment of enforcement and monitoring mechanisms, and allocation of financial resources.
Comments and limitations: To avoid duplication, the indicator does not cover areas of law that are addressed under indicator 5.a.2, ‘Proportion of countries where the legal framework (including customary law) guarantees women’s equal rights to land ownership and/or control’, and indicator 5.6.2, ‘Number of countries with laws and regulations that guarantee full and equal access to women and men aged 15 years and older to sexual and reproductive health care, information and education’. Indicator 5.1.1 complements these other indicators.
Data Source: Data for this indicator was primarily collected from the United Nations Statistics Division’s Open SDG Data Hub. National level data is provided to the United Nations Statistics Division by the respective nation, unless otherwise noted. To learn more about the data used in this portal, visit the about page.
Data is accurate as of January 17, 2020
5.1.1 Legal Frameworks that Promote, Enforce & Monitor Gender Equality: Area 4 – Marriage and Family in the Sustainable Development Goals
Click on the SDG to reveal more information
5. Achieve gender equality and empower all women and girls
While the world has achieved progress towards gender equality and women’s empowerment under the Millennium Development Goals (including equal access to primary education between girls and boys), women and girls continue to suffer discrimination and violence in every part of the world.
Gender equality is not only a fundamental human right, but a necessary foundation for a peaceful, prosperous and sustainable world.
Providing women and girls with equal access to education, health care, decent work, and representation in political and economic decision-making processes will fuel sustainable economies and benefit societies and humanity at large.
Related 5.1.1 Legal Frameworks that Promote, Enforce & Monitor Gender Equality: Area 4 – Marriage and Family Targets
End all forms of discrimination against all women and girls everywhere