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Saatja: <"Kadi Karus"> Saadetud: 26.01.2023 16:57 Adressaat: <"SM Info"> Koopia: <"Lee Maripuu">; <"Pilleriin Lindsalu">; <"Helen Uustalu"> Teema: Näidete ja kaasuste ülevaatamine - Euroopa Nõukogu juhend soolõime kohta õigusloomes Manused: CDCJ(2022)30E prov.docx Tere Justiitsministeerium edastas 19.12.2022 Sotsiaalministeeriumile tutvumiseks ja märkuste esitamiseks Euroopa Nõukogu Euroopa Õigusliku Koostöö Komitee (CDCJ) töö raames koostatud praktilise juhise soolõime kohta õigusloomes (JuMi 19.12 e-kiri allpool). Palusime selles kirjas SoMil mh tähelepanu pöörata ka juhises sisalduvate näidete ja kaasuste ajakohasusele. Nüüd on CDCJ teinud liikmesriikidele ka ametliku üleskutse juhise peatükkides 3 ja 4 esitatud näidete ja kaasuste ülevaatamiseks – kas need on ajakohased ja kas meil oleks lisada uuemaid näiteid parimate praktikate kohta (CDCJ e-kiri kirjas allpool, juhis manuses). Kui Sotsiaalministeeriumil on praktilise soolõime juhise sisu kohta märkusi või juhise peatükkides 3 ja 4 esitatud näidete/kaasuste kohta täiendusi, palun esitage need Justiitsministeeriumile hiljemalt 07.02.2023. Tagasiside palun saata otse mulle: õiguspoliitika osakonna nõunikule Kadi Karus, [email protected] . Küsimuste korral palun samuti julgesti minu poole pöörduda. Heade soovidega Kadi Karus Nõunik Õiguspoliitika osakond Justiitsministeerium [email protected] From: DEOLSKA Emilija <[email protected]> On Behalf Of DGI-CDCJ Sent: Wednesday, January 11, 2023 3:52 PM Subject: CDCJ: written consultation on the Draft guide for mainstreaming gender (deadline by 8 February 2023) // consultation écrite sur le projet de guide pour l'intégration de genre (date butoir le 8 février 2023) Dear CDCJ members, Following the 99th plenary meeting of the CDCJ, held on 23-25 November 2022 in Strasbourg and online, the Secretariat would like to draw your attention to item 5.4 of the agenda related to the Draft practical guide for mainstreaming gender in public and private law reform processes (enclosed). As decided during the meeting, the guide is being revised following the comments of the CDCJ members collected during the meeting and in line with the decision taken to also update the examples and case studies from the member States (see the abridged report, page 3), we are kindly asking you to review the relevant sections of the guide (chapters 3 and 4) to confirm/update the examples used or to provide new examples illustrating best practices of mainstreaming gender equality in public and private law reform processes by the member States. The CDCJ members are invited to provide their examples via email to the Committee’s email address at [email protected] no later than 8 February 2023. Shall you require any additional clarification about this procedure, please do not hesitate to contact the Secretariat. Thank you for your cooperation. Best regards, The CDCJ Secretariat From: Pilleriin Lindsalu <[email protected]> Sent: Monday, December 19, 2022 10:51 AM To: Lee Maripuu <[email protected]> Cc: Kadi Karus <[email protected]>; Helen Uustalu <[email protected]> Subject: Euroopa Nõukogu juhend soolõime kohta õigusloomes Tere! Saadame Sotsiaalministeeriumile Euroopa Nõukogu Euroopa Õigusliku Koostöö Komitee (CDCJ) töö raames koostatud praktilise juhise soolõime kohta õigusloomes. Juhisele ootame teie märkusi ja arvamust hiljemalt 16. jaanuariks 2022. Taust lühidalt: 1. Juhis on olemuselt mittesiduv ja selle eesmärk on aidata õigusloomega tegelevatel ametnikel ära tunda soolise tasakaalu (nn soolõime) tagamise aspekte, millega on oluline poliitikakujundamisel ja ühiskonna edendamisel arvestada. Eeskätt on see juhis suunatud nendele õigusloojatele, kes ise ei ole soolise tasakaalu küsimuste alal eksperdid. 2. Juhis on otseselt ajendatud Euroopa Nõukogu soolise võrdsuse strateegiast 2018-2023, mille üks põhisuundasid on soolise tasakaalu saavutamine poliitikate kujundamisel. 3. Mõned selgitused, millele võiks juhist läbi töötades ja tagasisidele mõeldes tähelepanu pöörata: 1. Millised oleks teie ootused sedasorti juhisele? Kas sellisel kujul oleks juhisest praktilist kasu? Kui ei, siis miks? 2. Kas dokumendis käsitletud näited ja kaasuses on asjakohased? Kui mitte, siis miks ja mida tuleks muuta/uuendada? 3. Kui meil endal on olemas siseriiklikke praktikaid või juhiseid soolise tasakaalu aspektide arvestamiseks ja vastava tasakaalu tagamiseks õigusloomes, siis ka neid näiteid võib tagasiside raames jagada. 4. Juhist arutati 23.-25.11.2022 toimunud CDCJ plenaaristungil, kus oodati riikide tagasisidet juhise praegusele versioonile, et viimistleda lõppversioon, mis peaks uuel aastal ka avalikule  konsultatsioonile tulema (täpne aeg selleks pole veel teada). Napi ettevalmistusaja tõttu ei jõudnud me plenaaristungi sisuliseks aruteluks valmistuda, kuid hetkel tõenäoliselt saame oma märkuseid veel ka tagantjärele esitada. Seda peaks tegema hiljemalt jaanuari keskpaigaks, seetõttu seadsime enda ja SoMi jaoks tähtajaks 16. jaanuari. Kui aga märkusi praegu ei teki, tasub juhis siiski läbi töötada eesmärgiga olla valmis 2023. aastal avaliku konsultatsiooni raames põhjalikuma tagasiside andmiseks. Eesti õigusloomeprotsessis on abistavaks juhendiks, mis kaardistab erinevad valdkondlikud mõjud, mida mõjuhindamisel arvestada, mõjude määratlemise kontrollküsimustik – kättesaadav lehel www.just.ee/oma. Mõju soolisele võrdõiguslikkusele on seal käsitletud sotsiaalsete mõjude all ning sisendi selleks saime SoM-ilt mõned aastad tagasi kontrollküsimustiku uuendamise raames. Seetõttu palume hinnata, kas kontrollküsimustiku soolise võrdõiguslikkuse osa vajaks antud juhendi valguses (või lihtsalt kaasajastamise eesmärgil) muutmist, ning ka sellest meile teada anda. Kõike head soovides Pilleriin Lindsalu Pilleriin Lindsalu Nõunik Õigusloome korralduse talitus Justiitsministeerium [email protected] 620 8221 Strasbourg, 10 November 2022 CDCJ ( 2022) 30 prov EUROPEAN COMMITTEE ON LEGAL CO-OPERATION 99 th plenary meeting 23-25 November 2022 Strasbourg, Palais de l’Europe, Room 2 and by videoconference DRAFT PRACTICAL GUIDE FOR MAINSTREAMING GENDER IN PUBLIC AND PRIVATE LAW REFORM PROCESSES ( main deliverable 5) (I tem 5 .4 of the draft agenda) Disclaimer: The views expressed in this study are solely those of the author and do not necessarily reflect the views of the Council of Europe or its member States Document prepared by Mediterranean Institute of Gender Studies (MIGS) , the CDCJ consultant and the Secretariat Directorate General Human Rights and Rule of Law – DGI Table of c ontents TOC \h \u \z 1. INTRODUCTION PAGEREF _Toc116300713 \h 3 2. CONCEPTUAL FRAMEWORK FOR GENDER EQUALITY AND GENDER MAINSTREAMING PAGEREF _Toc116300714 \h 4 3. THE WHAT, THE WHO AND THE WHY: MAINSTREAMING GENDER IN PUBLIC AND PRIVATE LAW REFORM PROCESSES: PRINCIPLES AND ADVANTAGES PAGEREF _Toc116300715 \h 7 3.1. WHAT is gender mainstreaming PAGEREF _Toc116300716 \h 7 3.2. WHAT gender mainstreaming is ΝΟΤ PAGEREF _Toc116300717 \h 7 3.3. What happens without gender mainstreaming in legal reform processes? PAGEREF _Toc116300718 \h 9 3.4. WHY gender mainstreaming in public and private law? PAGEREF _Toc116300719 \h 9 3.5 WHO is involved in gender mainstreaming in law reform processes? The different stakeholders PAGEREF _Toc116300720 \h 10 4. HOW TO CONDUCT GENDER MAINSTREAMING IN LAW REFORM PROCESSES PAGEREF _Toc116300721 \h 14 Step 1: Gender Analysis and data collection PAGEREF _Toc116300722 \h 16 Sex and gender disaggregated data and statistics PAGEREF _Toc116300723 \h 18 Promising practices in gender analysis PAGEREF _Toc116300724 \h 20 Step 2: Gender impact assessment: Asking the right questions PAGEREF _Toc116300725 \h 21 Asking the right questions PAGEREF _Toc116300726 \h 21 Gender responsive budgeting PAGEREF _Toc116300727 \h 24 Step 3: Bringing about change: (Re)design the legislation PAGEREF _Toc116300728 \h 26 Step 4: Monitor and evaluate the outcomes PAGEREF _Toc116300729 \h 30 Establishing and enhancing accountability for gender mainstreaming PAGEREF _Toc116300730 \h 33 5. CONCLUDING REMARKS PAGEREF _Toc116300731 \h 36 6. BIBLIOGRAPHY- SOURCES PAGEREF _Toc116300732 \h 37 A ppendix : Ensuring that Gender Mainstreaming has been applied correctly in the law reform process PAGEREF _Toc116300733 \h 38 Summary The CDCJ is expected under its mandate to prepare a “Practical guide for mainstreaming gender in public and private law reform processes” by December 2023. Th is draft guide was prepared with the support of the Mediterranean Institute of Gender Studies (MIGS) on the basis of available information and examples provided by CDCJ members in 2021. At its 115 th meeting (October 2022), the Bureau examined the draft guide, overall agreed that it addressed the key gender mainstreaming issues and processes although, at this stage, it lacked the briefness and practicality expected. The Gender Equality Rapporteur considered that the draft guide would benefit to be complemented by a compact and brief document for law makers, who are not specialists in gender or gender mainstreaming and who need concrete guidance in doing so when the situation requires. Taking into account the comments made by Bureau members and the Gender Equality Rapporteur, which raised a number of consistency and methodology issues to be addressed, the Bureau considered that it would be premature to consider the adoption of the guide at the forthcoming plenary meeting as initially envisaged, and that the plenary meeting would constitute an opportunity to exchange views with members and the consultant on how to ensure that the guide, as amended, included useful examples for law reform and practical guidance. The text will be submitted for a formal consultation after the 99 th Plenary meeting, with a view to its final examination and adoption at the 100 th plenary meeting. Action required At its 99 th Plenary meeting, the Committee is invited to hold a first exchange of views on the content of the draft Guide and provide feedback on their expectations from this practical tool, to usefully guide the consultant for the finalization of the draft text and for the final selection of examples of law reform and practical guidance they would like to see reflected in this text , and any other changes. Furthermore, committee members are invited to: provide feedback on the specific examples and case studies , including whether those included below should be updated or reviewed ; share any existing examples of practical guidance which is available at domestic level for Ministry officials regarding mainstreaming gender aspects in law reform, whether regarding public and/or private law aspects, to serve as an inspiration for the development of future CDCJ guidance. INTRODUCTION The Council of Europe, through the European Committee on Legal Co-operation (CDCJ), has prepared this practical guide for mainstreaming gender in public and private law reform processes to guide member states on this issue. At its 97th meeting (1-3 December 2021), the Committee took note of the examples shared by CDCJ members in this respect and agreed to prepare a brief guide, reflecting the experience and best practices of member States. This guide provides practical guidance for policy assessments of legal initiatives, in the areas of public and private law, from the gender equality perspective. With the adoption of this guide, the CDCJ also contributes to the implementation of the Council of Europe’s Gender Equality Strategy 2018-2023, specifically its 6th priority goal (achieve gender mainstreaming in all policies and measures), as well as to the overall commitment of the Organisation to ensuring that gender equality is mainstreamed as a transversal approach in all its work. CONCEPTUAL FRAMEWORK FOR GENDER EQUALITY AND GENDER MAINSTREAMING Gender equality is defined by the Council of Europe’s Gender Equality Strategy 2018-2023 as equal rights for women and men, girls and boys, as well as the same visibility, empowerment, responsibility and participation, in all spheres of public and private life. It also implies equal access to and distribution of resources between women and men to be included in future activity proposals. Patriarchy, as a system of male domination, is still pervasive in Europe, underpinning gender norms and inequalities that women and girls as well as men and boys experience, and negatively impacting societies. To achieve gender equality, gender needs to be understood, not only as the socially constructed characteristics of women and men and their roles in society, but as the socially constructed characteristics of the relationship between women and men, and the power imbalances and inequalities that this relationship sustains. Men and the tasks, roles, functions and values contributed to them are valued – in many aspects – higher than women and what is associated with them . Ultimately, public policies have largely been based on the needs of the dominant group in society or on the needs of those who have traditionally been the decision-makers, i.e., mostly men with the male norm reflecting the norm for society as a whole . Therefore, legislation and policies are not immune to male bias and may - often unintentionally – reinforce and reproduce gender inequalities. Furthermore, it is often assumed that laws, policies, programmes and budgets should ensure “equal treatment” of women and men, or that they should affect everyone in the same way and thus should be ‘gender-neutral’ . However, g ender-neutral legislation, and legislation that has not been assessed for its impact on women and men, may lead to gender-blind approaches that may limit their effectiveness and impact, affect the adequate and targeted allocation of public funds, and unintentionally result in de facto discrimination. G ender mainstreaming , on the other hand, ensures the visibility of women and men , and their distinct needs/realities/expectations , in policy documents at all target levels. For instance, when a policy/law addresses boys and girls at school (rather than students), elderly women and men (rather than the elderly), and migrant women and men (rather than migrants), it makes it possible to set gender equality objectives, and monitor gender differences in policy outcomes . In order to move beyond de jure gender equality, the CoE has emphasized the importance of embedding gender mainstreaming in all its committees and organs to achieve de facto gender equality or “substantive equality” . Substantive equality entails a combination of formal/ de jure gender equality (i.e., equality in law that supports the principles of non-discrimination, equal opportunity and equal treatment) with equality in outcome . Substantive equality recognizes that rights, entitlements, opportunities and access are not equally distributed between women and men , and requires that equality is interpreted according to the broad context and realities of women’s disadvantages and the impact of these circumstances in preventing them from fully enjoy ing their rights . To this end, the Gender Equality Commission of the Council of Europe (GEC) has recognized the need to tackle the negative impact of gender neutral legislation by ensuring that gender impact assessments are systematically conducted in the formulation of legislation as a means to : countering the intended or unintended negative impact of laws on women; tackling stereotypes; ensuring that the justice chain is “gender-responsive”; promoting women in legal and law enforcement professions at all levels, especially where women are under-represented; and encouraging legislators to optimise chances for legal reform to expand women’s rights . Example of male bias in the law Noise levels are considered in the labour and pension laws for construction workers, but not for kindergarten teachers. Considering that the overwhelming majority of construction workers are men, this reflects a male bias in the law. Similarly, the physical strain on kindergarten teachers, most of whom are female, can often force them into early retirement for health reasons, resulting in them getting lower pensions. Example of gender neutrality Laws that increase taxation in lower income brackets significantly affect women more than men, as women have lower average incomes than men and experience a greater risk for poverty . Determining that 40 years of full-time work qualifies for a full pension discriminates against women, as they are more likely than men to have part-time careers or take breaks in their careers due to care responsibilities. Providing for a tax deduction for the higher of the two incomes in the “household” will give an indirect advantage to men . Gender mainstreaming Gender mainstreaming is defined as: 'the (re)organisation, improvement, development and evaluation of policy processes, so that a gender equality perspective is incorporated in all policies at all levels and at all stages, by the actors normally involved in policy-making .' It aims to enhance gender equality by taking into account the differences between women and men with regards to their needs, experiences, opportunities, living conditions, access to and control over power, resources, services, human rights and institutions , as well as with regard to their intersecting identities, vulnerable situations and aggravating circumstances. Gender mainstreaming ensures that these gendered differences are strategically considered when designing, implementing and evaluating policies and laws, so that they equally benefit both women and men with a view to achieving gender equality. To achieve this, gender mainstreaming adopts a dual approach: (i) promoting specific measures for the realisation of de facto gender equality and the advancement of women promote women’s rights, including positive action, in order to achieve de facto gender equality; and (ii) intergrading a gender perspective and gender equality components horizontally across all legislation and policy, including in public and private law, in national public and private organisations, in central or local policies, and in services and sector-specific programmes . Gender mainstreaming in a snapshot The focus: Relations between women and men The problem: Unequal relations that prevent the full participation of women and men, un equal access and control over resources and services The goal: Equal participation of women and men in society and enjoyment of all human rights , equal power structures, equal distribution of resources, wealth, work, decision-making and political power. The solution: Transform unequal relations and structures; empower women and disadvantaged groups . The strategies Identify and address the different practical and strategic needs of women and men and the different impact of laws and policies according to gender (in order) to rectify gender inequality by re-organising, reforming, improving, developing and evaluating legislation . Examples of practical vs. strategic needs (Adapted from OSCE/ODIHR, 2017: Making Laws Work for Women and Men: A Practical Guide to Gender-Sensitive Legislation) When designing laws and policies, it is important to consider both practical needs and also address existing inequalities, within a long-term strategic perspective aimed at tackling the root causes of such inequalities (in the specific area of the law) . While responding to practical needs can improve quality of life, it does not challenge gender divisions or men and women’s positions in society. Strategic gender interests concern the position of women and men in relation to each other in a given society and tackles the root causes of inequalities. Strategic interests usually pertain to equal participation, decision-making power, access and control over resources and services. For example: In employment , a practical need could be to enable and facilitate access to employment for women in any sector of the economy to meet their income needs. A strategic need, however, would be to adopt and implement measures that promote the equal redistribution of unpaid care work and work-life balance for women and men so as to alleviate the burden of care responsibilities that still unequally affects women and hinders both their ability to engage in paid employment and their professional advancement. In youth and sport , a practical need could be to allocate additional funds to promoting girls’ sports, while a strategic need would be the wider engagement of girls in all sports, and especially those where girls are most under-represented. THE WHAT, THE WHO AND THE WHY: MAINSTREAMING GENDER IN PUBLIC AND PRIVATE LAW REFORM PROCESSES: PRINCIPLES AND ADVANTAGES WHAT is gender mainstreaming Gender mainstreaming in law reform consists of a critical examination of existing laws from the gender perspective to identi f y any potentially disparate effects on women and men and determining if the law under consideration is likely to reinforce or reduce gender equality. It constitutes a strategic, systematic and transversal process for achieving gender equality and preventing discrimination . It is transversal because it applies to all policy levels (national, regional, local), all legal frameworks (constitutional, civil, family, social, labo u r, criminal, and administrative) and all areas governed by legislation (e.g., Employment, Social Affairs, Finance, Health, Mobility, Justice, etc.), considering that all policy fields directly or indirectly impact the life of women and men. It is systematic because it applies to all phases of the policy cycle including preparation, decision, implementation and evaluation. It also acts as a long-term strategy toward achieving substantive gender equality. In stressing the need to (re)organise, improve, develop and evaluate policy processes, gender mainstreaming makes it possible to challenge the male bias that characterises society and the structural character of gender inequality . Gender mainstreaming results in gender-responsive law making and paves the way for affirming the gender-equality principle and guaranteeing gender equality in practice . As a process, it needs to be consultative and inclusive, and informed by the differential impact of the law on women and girls, men and boys. Moreover, for it to be effective, it must include measures to secure and monitor implementation of legislation, including the allocation of adequate resources and gender-responsive budgeting . There are 4 key steps in the gender mainstreaming process, including: Understanding the situation: gender analysis and data collection Gender impact assessment: asking the right questions Bringing about change redesigning the legislation Monitoring and evaluating the outcomes of the new legislation. These steps are explained in more detail in section 4. WHAT gender mainstreaming is ΝΟΤ An end goal in itself . Gender mainstreaming is a method aimed at achieving gender equality but is not , in itself, a goal. It is not a gender equality policy per se but a complementary strategy to such policies and laws which aim at achieving gender equality A substitute for gender equality policy . The starting point for gender mainstreaming is an existing policy that will be reformed or reorganized considering a gender perspective in order to reach a gender equality goal . G ender equality policy , on the other hand, is the elaboration of targeted actions to directly and strategically address imbalances resulting from gender inequality. While gender mainstreaming is a longer and more elaborate process, gender equality polic ies are more specific and can bring results in the short-term . G ender mainstreaming and specific gender equality policy, therefore, need to work in conjunction and operate as complementary strategies that more effectively lead to sustainable change . Only about women . Gender mainstreaming in law reform does not mean focusing on women in isolation, but on the relationship between women and men and the inequalities that arise because of the unequal distribution of resources and power. Gender responsive laws and policies aim to ‘level the playing field’ so that both women and men benefit from equal opportunities to participation and development. Only r elevant for specific issues . Gender equality is often misconceived as being relevant to specific areas , or that have traditionally been linked to gender discrimination and inequality. Such areas include education, employment, health, violence, peace and security. However, laws, policies, programmes and budgets affect all areas of life and affect all people . Thus, gender mainstreaming is a process that cuts across all aspects of private and public life. This entails incorporating gender mainstreaming in areas such as transport, agriculture, the environment and climate change, communication, technology etc. A “one size fits all” approach. Different realities often emerge when the lives of women and men are critically examined. For instance, women and girls are disproportionately affected by gender-based violence, experience discrimination in employment, are underrepresented in public decision-making, and continue to carry a disproportionate share of unpaid care work. M en , on the other hand, are more likely to engage in high-risk behaviours, resulting in lower life expectancy, increased street violence, alcohol abuse, and suicide rates. At the same time, women and men do not constitute homogeneous groups, and their experiences can be diverse based on a range of factors, including, but not limited to, ethnicity, minority or indigenous status, age, religion, refugee or migrant status, disability, marital status, social origin, gender identity, sexual orientation or sexuality. Therefore, legislation and policy should take account of the combined effects of systems of exclusion and disadvantage linked to aspects other than sex and gender. This means taking an intersectional approach. Adding women into the mix . While achieving gender balance and gender parity in public decision-making is an important goal, simply increasing the numbers of women ‘present in the room’ does not lead to gender responsive legislation . The mere inclusion of terms “gender” or “gender equality” in existing laws, policies or activities . Simply stating in a policy document that a gender equality perspective will be integrated or mentioning “women and men” without also taking into account their gender specific needs, does not constitute gender mainstreaming and is not sufficient for achieving gender equality objectives . What happens without gender mainstreaming in legal reform processes? Without a gendered approach to law-making, the distinct needs, experiences, expectations and capacities of both genders tend to be overlooked. This has a direct negative effect on the efficiency and impact of laws and policies and may reinforce or exacerbate existing inequalities between women and men. Persistent differences and disparities between women and men can mean that women gain fewer benefits than men from legislative reform . The absence of gender mainstreaming in the legislative process not only has negative repercussions for women, but for society as a whole . If no reliable evidence is available on whether and how legislation contributes to such inequalities and discrimination, it becomes more difficult to mitigate them. WHY gender mainstream ing in public and private law? G ender mainstreaming acts as an important methodological tool to institutionalizing the promotion of gender equality across all laws and policies in all areas . The implementation of laws that conform to international human rights standards on equality and non-discrimination can help sustain efforts towards just, peaceful and inclu sive societies, environmental and climate justice, equal participation in decision -making at all levels, and universal access to essential resources and public services . As international experience has shown, addressing gender inequalities also comes with a variety of socioeconomic benefits such as long-term and more sustainable economic growth and economic prosperity . The importance of gender mainstreaming has been highlighted following the COVID-19 crisis, with governments investing in institutional and structural reforms to support economic recovery. To this end, gender-sensitive legislation becomes an important mechanism toward shaping a more inclusive and sustainable recovery. Emerging evidence suggests that taking immediate action after the pandemic to address gender inequalities and imbalances would lead to significant gains in global GDP growth . Moreover , enhancing gender equality is also integral to ensuring a balanced approach to the economic, social and environmental dimensions of sustainable development and to achieving the SDGs . Some of the benefits of gender responsive legislation and policy include: Making gender equality issues visible in mainstream society : Gender mainstreaming creates more awareness about gender inequalities and highlights the consequences and impact of political initiatives on the lives of women and men. Consequently, this process shifts gender equality issues to the forefront of the political agenda . As gender equality issues become more visible, they are less likely to be regarded as a ‘luxury’ or a ‘cost’, but as fundamental to the lives of a ll citizens . A more human -centred approach toward the development of con temporary democratic societies: Gender mainstreaming encourages a scrutiny of laws and polic y according to their impact on the situation s and needs of all people in society: women, men and all subgroups within. It replaces traditional economic indicators (that are often gender-neutral and abstract) with more relevant indicators that pertain to the welfare of society as a whole , putting people at the heart of policymaking A way to strengthen good governance : Gender mainstreaming processes critically examine the distribution of resources among women and men and the impact of legislation, public policies and public spending. Ensuring a gender perspective in policymaking results in better governance because it involves a higher level of transparency and objectivity in the management of public affairs; improves the inclusiveness and quality of decision-making; incorporates comprehensive and effectively targeted solutions; safeguards against potential pitfalls and enables proper measures to be planned and prioritized, as well as an allocation of the appropriate budget to achieve the set objectives . Better monitoring the achievement of policy goals : gender mainstreaming enables monitoring of progress toward the achievement gender equality objectives . It also helps to highlight the potential gaps between international standards and national legislation WHO is involved in gender mainstreaming in law reform processes? The different stakeholders Gender mainstreaming concerns all actors implicated in the formulation, implementation, monitoring and evaluation of laws and policies. Experience from around the world suggests that reforms are most successful when parliamentarians, both male and female, work together across the political spectrum to this end . Responsibilities for gender mainstreaming are allocated in different ways across national parliaments. In some countries, all parliamentary committees are responsible for considering gender equality issues within their respective fields of work and conduct gender impact analyses. In other countries , gender mainstreaming responsibilities lie within the scope of work of dedicated Gender Equality Committees within parliament, women parliamentary caucuses or other government-run Gender Equality Institutions (outside the parliament). The process of amending, revising, redesigning, reforming laws involves many different stakeholders. A m ulti-stakeholder approach to law reform implies building cooperation and support at all levels - at the executive level (politicians, government, administration) as well as the community and civil society level, in order to ensure more representative legislative processes that result in actual changes in the lived experience of women and men, girls and boys . This inclu sive and participatory process is essential in collecting data and feedback on the gendered impact of a law from diverse perspectives , helping lawmakers have a more comprehensive picture of a given policy area . These concerned parties can become involved in different steps of the process including in data collection, gender impact analysis, redesigning the law, monitoring and evaluation. S ome of the actors that can be involved in the gender mainstreaming process include: male and female MPs the leader of the house, parliamentary gender equality committees, women’s parliamentary caucuses, dedicated parliamentary groups, multi-portfolio committees male and female politicians (ministers, ministry-officials, experts within ministries etc.) public officers responsible for the implementation of policies officers in public services and government departments responsible for administrative support (internal communication, training, preparation and analysis of statistics, human resources management, internal assessment groups, purchasing policy, budget monitoring, etc .) municipalities and local authorities independent state affiliated bodies that focus on gender equality issues (gender equality commissioner, law reform commissioner, Ombudsman, or other bodies) NGOs, women’s rights organisations , civil society academics, university teams, research and consulting departments trade unions, labour organisations private companies and institutions the media the general public Key questions to consider when deciding which stakeholders need to be involved: Which individuals or groups within the parliament, can MPs work with to progress gender- responsive law reform (for instance the leader of the house, committees, women’s parliamentary caucuses, parliamentary groups etc.)? Which ministers, ministry officials, government officers or ministry departments need to be involved, formally or informally, in the gender- responsive l aw reform process? Are there any independent bodies that could provide useful advice on key gender- responsive law reform issues (gender equality commissioner, law commissioner, Ombudsman, commissioner of administration or other body)? Where can gender expertise be drawn from? Could NGOs, women’s rights organizations, academics, think tanks, private sector bodies etc. provide such expertise? How can the media function as partners in the process? How can public engagement be achieved? ( for instance, through face to face or online public consultations) Adapted from the manual: “Gender responsive law making”. Inter-Parliamentary Union (IPU) &amp; UN Women (2021). Case study: assigning responsibilities of GM across ALL parliamentary committees - Sweden All parliamentary committees of the Swedish Parliament are responsible for considering gender equality issues within their respective fields of work. In addition, the Swedish 2014 Parliament ( Riksdag ) Act sets out that the Committee on the Labour Market has a special responsibility for overseeing issues relating to equality between women and men in working life. A practice has also developed whereby gender equality issues that do not belong within any other committee’s area of responsibility are referred to the Committee on the Labour Market, which also prepares appropriations falling within the expenditure area on ‘Integration and gender equality ’. Examples of dedicated gender equality committees across Europe The Gender Equality Committee of the Republic of Croatia promotes the adopting of international standards on gender equality and monitors their application; participates in the drafting, implementation and analysis of the implementation of the National Gender Equality Policy; proposes packages of measures to eliminate gender-based discrimination; promotes gender-balanced representation in parliamentary working bodies and delegations; prepares draft legislation and other regulations on gender equality; and undertakes efforts to introduce gender equality principles in education, health-care, public information, social policy, employment, free enterprise, decision- making processes, family relations, etc. The Italian Chamber of Deputies’ Research Service provides a short gender impact analysis of all the bills introduced to parliament. The analysis takes account of the context of the proposed provisions and the data that characterises the regulatory intervention, using statistical indicators and the methodology tested in drawing up gender budgeting, which relates to the ex-post evaluation phase and focuses on expenditure items In the European Parliament , the main body responsible for implementing gender mainstreaming across policy sectors is the Committee on Women’s Rights and Gender Equality (FEMM). FEMM’s ‘gender mainstreaming amendments’ give the committee the power to introduce a gender perspective into the reports of other committees. A gender mainstreaming network, chaired and coordinated by FEMM, links Members of the European Parliament and appointed staff to bring a gender dimension into the work of committees and delegations In France , the Task Force on the Rights of Women and Equal Opportunities for Women and M en in both the Senate and the National Assembly drafts public reports containing recommendations on bills and draft laws. The Task Force also proposes how to enhance legislation and regulations in areas that fall within its sphere of competence . In Austria , the Parliamentary Committee on Gender Equality examines legislative amendments related to gender, reports on gender budgeting, issues related to the discrimination of women and men, and equal treatment in all policy area . In Bosnia and Herzegovina , Cyprus and Romania , men have chaired the gender equality committees, thus sending a public m essage that men in power can champion gender equality. Case study: Consultation and coalitions with Gender Experts, NGOs and Academics In Monaco , the Committee for Gender Equality regularly seeks the opinion of NGOs involved in women’s issues, and these groups may request that the Committee include certain issues on its agenda . In Belarus , the National Council on Gender Policy is an interagency advisory and coordinating body composed of the heads of central government agencies, local executive and administrative authorities, and non-governmental organizations. The Council serves as a parliamentary focal point on all issues related to gender equality and is in charge of coordination activities under the National Action Plan on Gender Equality and providing a platform for dialogue on gender equality issues . The German Bundestag , has established formal links with the dedicated unit on gender equality at the Humboldt University of Berlin, ensuring access to quality gender analysis for parliamentarians and staff . In Belgium, l egislative bills, policy notes or action plans are often submitted to gender equality experts or to the Council of Equal Opportunities for Men and Women for review . These experts provide support across the entire cycle of the legal reform process, including the monitoring and evaluation phase . The Institute for the Equality of Women and Men in Belgium has compiled an online database ( http://vegastar.be/fr.htm ) with the contact information and biographies of numerous Belgian experts on gender, for easy access . Case study: A participatory gender mainstreaming process in France: online public consultations Parlement et Citoyens is an online platform in France bringing together Members of Parliament and citizens to discuss policy issues and collaboratively draft legislation. It has been developed as a civil society initiative by civic tech group called Cap Collectif , working closely with a number of French parliament representatives. The platform enables the French public to provide input for legislative drafting through a multistep, online consultation process. On the platform, representatives can host a consultation consisting of three to five different participation opportunities. For instance, a representative poses a problem that citizens help define and for which they generate solutions, and then help evaluate the proposed solutions. Citizens may also engage in video discussions with the representative. Facilitators review people’s arguments and communicate the results back to all parties, with the representative making a final decision on the recommendations. At the end of the process, a conclusory report explains if, when, and how citizen input was incorporated into the resulting draft law. The most popular consultation on biodiversity received 9,334 participants and over 2,000 contributions . A success story of this process is the 2013 bill of the environmentalist senator Joël Labbé , which aimed to ban pesticides for non-agricultural use. The process brought together 500 contributors enabling the parliamentarian to defend a substantial text in session . HOW TO CONDUCT GENDER MAINSTREAMING IN LAW REFORM PROCESSES Policy evaluation is a fundamental step in determining the extent to which the stated objectives have been reached , and whether a given pol icy or law has had a positive effect on achieving gender equality. Gender mainstreaming is an integral part of this process because it allows parliamentarians and other policy makers to use their oversight and legislative scrutiny to highlight (the often implicit and unintentional) gender discrimination that is embedded in laws and to reorganize, reform, amend and develop laws that safeguard de facto gender equality. Figure 1 provides a simple summary of the key steps involved in gender-responsive law reforms. Conduct gender analysis and gender impact assessment Agree on law reform priorities Draft law reform bills (redesign, amend enact new laws) with specific gender equality objectives Debate law reform bill Approve law reform bill Oversee implementation of law reform- Monitor and evaluate outcomes Conduct gender analysis and gender impact assessment Agree on law reform priorities Draft law reform bills (redesign, amend enact new laws) with specific gender equality objectives Debate law reform bill Approve law reform bill Oversee implementation of law reform- Monitor and evaluate outcomes Figure 1: Simplified process of gender-responsive law reforms The introduction of gender mainstreaming in the legal reform process (Figure 2), involves several stages : Gender Analysis : An analysis of the status quo from a gender perspective and an in-depth understanding of the differing needs, expectations, opportunities and priorities of women and men in relation to the law under consideration. This analysis draws on varied evidence base data in order to illuminate gender inequalities. Gender impact assessment : An analysis of the potential impact of the law on its target groups , scrutinizing whether the needs and priorities of women and men, as identified in the initial gender analysis, are addressed by the law. Redesigning the law : Based on the findings of the previous steps, gender-mainstreaming the law reform process proposes the integration of gender-focused perspectives , interventions, or considerations into the law in question which often result in redesigning and reforming the law Monitoring and evaluation of outcomes : Gender sensitive indicators are developed to track progress toward the stated gender objectives and the outcomes of the amended law are evaluated and monitored. Understanding the situation: Gender analysis and data collection Gender impact assessment: Asking the right questions Bringing about change: Redesign of legislation Monitoring and Evaluation of outcomes Understanding the situation: Gender analysis and data collection Gender impact assessment: Asking the right questions Bringing about change: Redesign of legislation Monitoring and Evaluation of outcomes Figure 2: The 4 steps of gender mainstreaming in law reform Step 1: Gender Analysis and data collection Gender analysis can be described as a systematic analysis of the differences between women and men, girls and boys (and intersectional groups within) in terms of their relative position in society and the distribution of resources, opportunities, constraints and power in a given context . It draws on current, relevant and accurate evidence-base data, information and statistics to facilitate decision-making based on evidence rather than on assumptions or preconceived ideas about people or issues. Gender analysis allows policy makers to apply a ‘gender lens’ in order to counteract the pitfalls of gender neutrality (or ‘gender blindness’ ) and provides substantial feedback and information needed to integrate a gender perspective into policies, programmes and projects. Gender analysis answers the following questions : What is the problem we want to address in this law reform process? What gender differences exist in the area we want to address? Are there any hidden or underlying gender inequalities that may be contributing to the problem we want to address? ( for instance, the unequal distribution of care responsibilities contributes to the barriers women experience in the labor market) W hat are the gender-blind spots? Where is evidence lacking? When evidence-based data and statistics are gathered for the gender analysis, it is important that they focus in the following areas: Safeguarding human rights and substantive equality : How are the rights of women and men safeguarded? Are there any rights violations that need to be taken into account or which have not be e n taken into account ? Participation (for instance in the workforce, in public decision making ) Access to and control over resources, services and institutions (for instance in terms of time, information, money, political and economic power, qualifications, transport, use of public services, access to justice etc.) S ocial norms and gender stereotypes: What social and cultural norms may be preventing women and men from fully enjoying their rights? How are social norms and gender stereotypes affecting de facto equality? The following is an example indicating how gender and social norms have acted as barriers to substantive equality in the area of education and schooling . 212090 2176780 0 762000 3251200 Recommendation: To improve boys’ school performance and reduce girls’ feelings of stress and insecurity, the school administration implemented the following measures in their policies: a zero tolerance of violence; introducing sexuality and relationship education in the school curriculum, through the subjects of health education and citizenship education; the application of critical pedagogy and critical thinking on gender issues; activities to empower girls and boys to break free from gender norms and stereotypes; increasing teachers' knowledge about gender and social norms, gender inequalities and the manifestations of harmful masculinity in the school environment. empowering girls and boys to break free from gender norms 0 0 Recommendation: To improve boys’ school performance and reduce girls’ feelings of stress and insecurity, the school administration implemented the following measures in their policies: a zero tolerance of violence; introducing sexuality and relationship education in the school curriculum, through the subjects of health education and citizenship education; the application of critical pedagogy and critical thinking on gender issues; activities to empower girls and boys to break free from gender norms and stereotypes; increasing teachers' knowledge about gender and social norms, gender inequalities and the manifestations of harmful masculinity in the school environment. empowering girls and boys to break free from gender norms left 379095 Issue identified: In a school in Sweden, the academic performance of boys was below the national average and considerably below the academic performance of girls. Gender inequalities revealed by gender analysis: A health and attitude survey revealed engrained gender stereotypes in the attitudes of girls, boys as well as teachers th at acted as key barriers to boys’ higher academic performance. Boys seemed to adhere to stereotypical models of masculinity, feeling that they gained ‘status’ by being good at sports, being tough, getting into fights, pushing each other in the corridors, and exhibiting harmful masculinity by trying to overpower girls (by dominating space, being aggressive, engaging in sexual harassment). Boys also expressed negative attitudes toward school and studying, considering them ‘unimportant’. In addition, teachers’ expectations toward boys and girls differed, with boys not expected to put as much effort into their schoolwork as girls. Conversely, girls felt more stressed and unsafe in the school environment compared to boys. 0 0 Issue identified: In a school in Sweden, the academic performance of boys was below the national average and considerably below the academic performance of girls. Gender inequalities revealed by gender analysis: A health and attitude survey revealed engrained gender stereotypes in the attitudes of girls, boys as well as teachers th at acted as key barriers to boys’ higher academic performance. Boys seemed to adhere to stereotypical models of masculinity, feeling that they gained ‘status’ by being good at sports, being tough, getting into fights, pushing each other in the corridors, and exhibiting harmful masculinity by trying to overpower girls (by dominating space, being aggressive, engaging in sexual harassment). Boys also expressed negative attitudes toward school and studying, considering them ‘unimportant’. In addition, teachers’ expectations toward boys and girls differed, with boys not expected to put as much effort into their schoolwork as girls. Conversely, girls felt more stressed and unsafe in the school environment compared to boys. Sex and gender disaggregated data and statistics Gender analysis can only take place on the basis of robust sex and gender disaggregated data. Accurate and comparable data is essential to accurately assess progress on key gender inequality indicators and identifying those most affected, as well to assess how such gender inequalities intersect with other forms of discrimination. While sex and gender-disaggregation is necessary in order to provide a general picture of the respective situation of women and men, it is insufficient. To attain a more comprehensive understanding and interpretation of the situation from the gender perspective, we need to move from sex-disaggregated data to “gender statistics”. “ Gender statistics” are sex and gender disaggregated data whose presentation and analysis adequately reflects differences and inequalities in the situation of women and men in a specific policy area that allows identifying patterns and tracking changes over time , allowing for a more systematic evaluation of inequalities between women and men . In summary Gender analysis = sex /gender disaggregated data + analysis of data + gender perspective Sex and gender disaggregated data need to be both quantitative and qualitative : Quantitative data refer to numerical data, percentages, statistics and any other information that can be quantified, counted or measured. Quantitative data answer questions such as "how many," "how much," or "how often." Quantitative data normally come from sources such as international/national/regional/local statistical databases and reports, censuses, labour-force surveys, demographic and health surveys, administrative re cords or sociological surveys. Qualitative data is data that explores and measures people’s attitudes, perceptions, feelings, opinions and experiences on a given subject. Qualitative data tends to answer the "why?" or "how?" questions and provide a more comprehensive in-depth understanding of a certain situation. Qualitative data also provides substantial guidance toward the interpretation of statistics/numerical data and the reasons behind them. Qualitative data can be drawn from focus group discussions, interviews, ethnographic studies, attitude surveys, structured dialogue processes with affected groups and public consultations. Sex and g ender disaggregated data c an be gathered in several ways : through international, national, regional and local statistics data bases. through consultations and/or reports prepared by gender experts, academics, university research departments, women’s organizations and civil society organizations with gender expertise. by asking parliament’s research department or impartial experts to conduct research on gender in the subject area in the event that the required evidence is not available. by conducting qualitative research (focus groups, interviews, attitude surveys, observations etc.) with groups of women and men to better understand their experiences, expectations, difficulties, barriers and own perceptions/attitudes. through public consultations aimed at identifying the individual experiences of women and men. Questions to consider: Are sex-disaggrega ted and gender-sensitive data available and accessible at national and sub-national level? Does the government regularly activate public consultation processes on gender to collect missing information? Is training available to statisticians and representatives of line ministries on gender issues? Example: S ex and gender disaggregated data in the area of employment Gender distribution in the workforce, gender distribution in part-time work economic sectors where women/men tend to concentrate distribution of income, pay gap, pension gap between women and men weekly working hours for women and men, time allocated to unpaid care work percentage of women and men who have experienced career interruption due to care responsibilities and average duration of the career interruption, in total and by sex. proportion of persons who have taken a break from a full-time career and who have resumed their previous work following the end of the interruption, in total and by sex. data on barriers preventing women to remain in the workforce or advance in their careers attitudes surveys on gender stereotypes preventing women and men to pursue careers in certain economic sectors or certain positions (leadership positions for women) gender distribution in business structures, gender distribution in the public sector; gender distribution in the private sector, gender distribution among leaders, and gender distribution in educational programmes Promising practices in gender analysis Case Study: Legislation on gender statistics Spain’s Gender Equality Law (Article 20) states that public authorities must systematically include the sex variable in their statistics, surveys or data. The National Statistical Plan, which covers a four-year period, is the main instrument to organize the statistical activity of the General State Administration. It is approved by Royal Decree and during its drafting procedure an “ex ante” gender impact assessment report is conducted . Once the Plan is approved, it is implemented via Annual Programs over a 3-year period . On the other hand, the database Mujeres en Cifras (Women in Figures) of Institute of Women and for Equal Opportunities (IWEO), contains more than 300 indicators, showing the situation of women in different sectors. Furthermore, the IWEO collaborates closely with the National Institute of Statistics (INE by its Spanish acronym) to jointly conduct the online publication Mujeres y Hombres en España (Women and Men in Spain), which provides updated data on the situation of men and women in the main social and economic areas. Conducting a gender analysis at different levels Case Study: Facilitating access to financial services by women and men A legislative bill that seeks to facilitate access to credit for female entrepreneurs should take into account the following considerations: Individual level − Women and men have different credit needs for income generation and other expansion schemes. Women typically control money for small household items, while men control income for larger items. Women may not know about their rights when applying for loans or may be less likely to hold title deeds for collateral property. Women may be less familiar with financial language or interacting with financial institutions, as men are more likely to own land and other fixed capital. Institutional level − The structure of the formal credit system is typically hierarchical and is not always user-friendly. Minimum loan amounts can be high, as it costs lending institutions the same resources to process large or small loans. In some regions, it may be mainly men who are employed in the formal credit system, and it may be considered inappropriate for women to deal with banks. Informal sources of credit are often through moneylenders, who may prefer to deal with male heads-of-households. Information about credit systems is circulated through the media and word of mouth. Small-scale women entrepreneurs often face prejudice as they are not considered “reliable” by financial institutions. Policy level − State regulation prevents financial institutions from lending to individuals who do not possess fixed capital, for example women farmers. Even though governments may seek to promote entrepreneurship, complexities seem to keep government institutions from offering loans. There are often no additional channels to offer small loans or credit to individuals with good credit. Step 2: Gender impact assessment: Asking the right questions Following the initial gender analysis, this step of gender mainstreaming moves from the sector level to the gender implications of a specific law or policy on women and men. Even though a law is targeting “people” (citizens, children, elderly, employees, entrepreneurs, etc.), it may affect women and men, girls and boys differently, and thus its impact should be disaggregated and assessed by gender . This impact analysis can be achieved through a process referred to as ‘ gender impact assessment (GIA)’ . GIA constitutes an ex-ante evaluation, analysis or assessment of a law, policy or programme that makes it possible to identify, in a preventative way, the likelihood of a given policy decision having negative consequences for the state of equality between women and men . In this respect, it leads to the required adaptations, revision and reforms of policies and laws to ensure that any discriminatory effects are either removed or mitigated. Additionally, GIA can also act as a proactive tool in terms of defining gender equality objectives and formulating a law or policy specifically to promote gender equality. Asking the right questions The key to a successful GIA is asking the right questions, using the best available evidence, and examining the assumptions on which decisions are based. Nevertheless, when going through the GIA process, it is important that the questions asked are not gender neutral but are asked from a gender perspective . Example: Moving from gender neutral to gender responsive questions when evaluating the impact of a policy on a grant scheme Gender Neutral Question Gender Responsive Question How many people do you anticipate will be able to access the grant?’ 16510 164465 Have you assessed how many women and men will be able to access the grant, and what might the barriers to access be?’ I s the policy being implemented effectively and what needs to change? -2540 459105 Is the policy affecting women and men in different ways? Are there gender differences in terms of rights, responsibilities, resources, representation, opportunities, outcomes and participation? How will the impact of the law be monitored? What data will be collected to evaluate its success? -8890 212725 How will the impact of the law on men and women be monitored? What gender/sex disaggregated data will be collected? GIAs primarily focus on the following two areas : Identifying direct and indirect beneficiaries Who are the intended beneficiaries of the law? Does the policy/law impact women and men (and subgroups of women and men) disproportionately? How many women and men will benefit from the law (e.g., from the services offered, infrastructure built, cash transfers paid, etc.) and how? Will either women or men face negative implications as a result of the law, and why? Measuring impact What are the short-, medium – and long-term objectives of the legislation, and what are its intended impacts on various subgroups of women and men? Is the law likely to perpetuate or diminish any existing inequalities and , if so, how? Sample general questions to ask to assess the distinctive impact of legislation on women and men Who are the direct and indirect beneficiaries of the law? Women? Men? Which subgroups of women/men? Is this information available disaggregated by gender? What assumptions have been made about the beneficiaries? What gaps are there in the data? Is it more likely that men or women will benefit from the law, policy, programme or budget, or will they benefit equally? Will diverse groups of women and men be differently affected because of their age, ethnic origin, disability, gender identity, sexual orientation, religion, socio-economic status or geographic location? Does the law affect the long-term perspective for the realization of gender equality? How? What is the foreseen impact of the policy/legislation on the equal participation of women and men, their rights and their access and control of resources? How does the policy/legislation contribute to de facto gender equality? Has the law considered the practical and strategic interests, needs and priorities of women and men and intersectional groups of women and men in this policy area? Have the differing experiences of women and men as well as their opportunities, interests, living conditions, specific circumstances, access to and control over power, resources, services, human rights and institutions been adequately identified? What gaps exist and what barriers may be identified in preventing the fulfilment of the needs and priorities for each sub-group? Are there existing inequalities between women and men in this area, and are they increasing or decreasing? What are the root causes of these inequalities? Can these root causes be addressed in the law? What are the gaps in evidence? Are purposeful measures needed, directed at either women or men in order to ensure de facto equality? Case study: Gender impact assessment toward improving transport policy in Belgium In the context of a policy that aims to improve the availability of public transport, information is needed with regard to the following: the number of women and men in the target group (is one group more represented than the other?) whether the means implemented risk benefiting women or men more; what are the differing needs of women and men ( as identified through inquiries, surveys, etc.); why there are fewer or more women or men among users of public transport and what the probable consequences of the policy under consideration ar e on the situation. As a matter of information, women are less likely than men to have a car, and public transport is poorly suited to the transportation requirements of a family (day-care, errands, etc.) and coordination with professional obligations. Good practice : Gender Impact Assessment tool ( Austria ) In Austria, s ince 1 January 2013, all new or amended laws and regulations as well as major investment or procurement contracts on federal level must include a mandatory ex-ante impact assessment on gender equality along with other assessments of potential socioeconomic and environmental impacts. Quantitative and qualitative thresholds ensure the proportionality of these efforts in relation to the respective law or regulation. The Ministry of Finance and the Federal Chancellery therefore provide content related and technical assistance. The impact assessments are disclosed for consultation and parliamentary discussions. Ex-post evaluations of the impacts are to be performed by Ministries within 5 years and reported to Parliament in the Annual Report on Impact Assessment submitted in May. To perform this work, two main tools have been designed so far to support gender mainstreaming and GIA implementation: A regulatory impact assessment IT tool, which contains a guided process for carrying out a comprehensive impact assessment that takes into account gender equality. Guidelines on regulatory impact assessment, which provide an overview of the regulatory impact assessment, which in turn outlines in detail the range of impacts of regulation, including from a gender equality perspective . A list of questions guides the gender impact assessment process coupled with statistical data whenever possible. Gender responsive budgeting An important aspect of gender mainstreaming in law reform is to ensure that the distribution of budgets properly supports gender priorities and facilitates the implementation of policy actions that aim to achieve targeted gender equality outcomes. In accordance with the gender mainstreaming approach, budgets need to be reviewed from a gender perspective in order to determine how and to what extent they are likely to have a positive or negative impact on the lives of diverse groups of women and men. Integrating the gender perspective in all phases of the budget cycle results in the reorganisation of revenues and expenses to ensure that all law reforms that promote and sustain gender equality are adequately financed. Gender responsive budgeting does not entail separate budgets for women and men, but instead, it ensures that the needs and interests of individuals from different social groups ( based on gender, age, race, ethnicity, disability and location) are addressed in expenditure and revenue policies . ‘ The budget cycle process is a critical opportunity for parliamentarians to review whether adequate resource allocations have been made for gender-responsive law reforms as well as the implementation of gender equality laws already in place. Parliamentarians can directly ask questions of relevant ministers on budgetary needs and commitments, and can also use their roles on budget, finance, expenditure and/or sectoral committees to ask ministers and officials about whether funding allocations are sufficient and are being used for the greatest impact’ More concretely, gender budgeting analyses: the link between gender policies and decisions for public spending (budget allocation)- often the two are not linked; whether socio-economic realities of women and men are considered in the distribution of financial resources and means; the extent to which budgets adequately respond to the specific needs and priorities of the women and men beneficiaries of the specific policy/ law; the (possible) impact on the socio-economic situation of women and men (reduction or reinforcement of gender inequalities) of the money invested in public policies. If the allocation of financial resources does not correspond with the government's gender equality policies and do not address specific gender-related objectives, a reallocation of budgets and funds is necessary. Moreover, if the review of the budget through a ‘gender lens’ reveals that financial resources are not distributed fairly, this needs to be rectified. Questions to ask to drive the gender budgeting process: Has a gender budgeting approach been taken and, if so, what were the outcomes of the exercise? Have budget allocations been targeted to reduce inequalities between men and women? What is the overall gender impact of the budget? Have considerations been given to the specific social roles of women and men in the allocation of funds? Has the impact on women and men of proposed reductions or increases in expenditure been assessed and, if so, what changes were made as a result? What are the individual experiences of women and men with accessing resources/benefits (in relation to specific expenditure ) ? If specific sectors of the economy are prioritized for funding, how many women and men are benefiting from this? Are changes to taxes on employment, goods or services likely to affect women or men more? How are social security and unpaid care addressed in the budget? How could this be affecting women and men? What assumptions have been made about the intended beneficiaries of a service, benefit or scheme? Could these be affecting women and men disproportionately? What is being done to increase awareness of and expertise in gender equality in government departments? Example of gender-responsive budgeting in childcare : One of the most effective examples of gender-responsive budgeting is the funding of early childhood care and development programmes to benefit women. Such measures relieve women from the burden of childcare that may prevent them from attending school or accessing quality employment. These may include the allocation of government funding for the establishment of new day-care facilities across the country or in areas where women’s employment is low; improvement of the quality of existing day-care facilities; subsidization of day-care for single parents or other socially vulnerable groups; launch of information campaigns to familiarize parents with available day-care options; and more. Case study: Gender responsive budgeting by the Swedish Parliament In the Swedish Parliament, the Committee on Finance takes gender into consideration in the development of the central government budget. Since 1988, a separate appendix is attached to the budget bill showing the distribution of economic resources between women and men. The appendix shows how gender inequalities between women and men are expressed in economic terms (e.g., the distribution of household work, gainful employment, the distribution of earnings, capital income and social insurance benefits), and how the welfare system helps to diminish gender discrepancies. A good practice of the Swedish Parliament is that the parliamentary Committee on Finance has been empowered – through established rules and adequate timetables – to analyse and discuss each expenditure item with relevant stakeholders in the Parliament, government agencies and civil society. Case study: Gender-responsive budgeting in Austria Gender-responsive budgeting was introduced in Austria as part of a general federal budget reform that was led by the Ministry of Finance in 2013. As a result of the reform, all public institutions that undertake budget analysis were mandated to address gender issues as a separate category of analysis and control. The reform also integrated gender equality into the principle of performance-oriented budgeting. The main methodological tool for gender responsive budgeting in Austria is the identification of a gender equality objective for each budget chapter as an integral element of performance-oriented budgeting. However, a potential weakness of Austria’s approach is a built-in disincentive to the identification of relevant and potentially transformative gender equality objectives. Evaluation in 2015 showed that budget personnel, while expressing commitment to the goal of gender equality, largely lacked capacity for meaningful gender analysis. Step 3: Bringing about change: (Re)design the legislation The gender analysis and the gender impact analysis described in Steps 1 and 2 above, enable policy makers to generate a broader, more in-depth and holistic understanding of significant gender gaps and imbalances that may exist within a law or because of a law. To this end, Steps 1 and 2 encourage a significant shift from gender neutrality (or ‘gender blindness’) to gender awareness, enhancing policy makers’ ability to view society from a gender perspective and to recognize existing gender inequalities and the specific (often unmet) needs, interests and experiences of women and men. However, developing more gender awareness is not sufficient to bring about change. Change happens when we move beyond gender awareness, toward gender sensitivity. Gender sensitivity entails translating our understanding of the historical and structural gender inequalities and their long-term impacts into concrete action in the design and implementation of policies, programmes and budgets. Gender sensitivity enables us to bring about change and to move toward a more gender-equal society. Bringing about change = Moving from gender neutrality (or gender blindness) gender awareness gender sensitivity Step 3 of the gender mainstreaming process pertains to the revising, redesigning and reforming the legislation, with specific objectives and provisions that aim to rectify the existing situation and tackle existing gender gaps and imbalances. To this end, it acts as an important conduit to instigating c hange: r eforming the law from a gender sensitive perspective paves the way to achieve the goal of gender equality, enabling society to move toward de facto equality and social justice. When reforming a law or policy, policy makers and parliaments may decide to: propose revisions, amendments and improvements to existing policies, budgets or programmes propose amendments to initial drafts of the law/policy propose and draft a new law and introduce it to parliament engage a multi-actor debate on the aspects requiring reform through use of the media and networks of different stakeholders apply political pressure to amend laws, policies or programmes make recommendations about how the law should be implemented and monitored When engaging in the reform of the law/policy, the main question policy makers need to be concerned with is: ‘ how can the law contribute to the elimination of existing inequalities and promote equality between women and men − in participation rates, in the distribution of resources, benefits, tasks and responsibilities in private and public life, and in the perception of gender roles, behaviour and priorities ? In practice , it is important that key areas of focus be identified in order to highlight the parts of a law or policy that are likely to have the most significant gender impacts. To this end, it is essential to determine the purpose of a proposed legislative reform from the outset. For instance, a proposed reform bill could focus on one issue only or, alternatively, it could attempt to advance several reforms at once, by proposing amendments to multiple laws. A reform bill could also be drafted to establish an entirely new law to promote gender equality. For instance, laws to combat domestic violence have often been developed and enacted as stand- alone pieces of legislation, although provisions of the criminal code may be amended simultaneously to ensure that the legislative framework is coherent . Ideally, the law reform process needs to be broadly inclusive and participatory, engaging governmental and non-governmental stakeholders – including civil society representatives, women’s rights organizations, local experts, academia and, importantly, target groups from the public– to discuss the proposals and contribute their expertise. The involvement of a wide range of different actors with diverse knowledge, skills and expertise can assist lawmakers to ensure that the proposed law is responsive to the specific needs of women and men and will have practical and measurable effects. Example: Reforming an educational policy In education-related legislation, for instance, provisions in the amended law that aim to target particular areas or issues related to gender equality within the law may include: holistic early childhood care and development programmes, changes in curricula to challenge stereotypes, training for teachers to be more gender sensitive in their classrooms and create safer learning environments, efforts to engage boys and men in education, or distance learning programmes for women who cannot attend regular classes due to family or other commitments. Example: Re vising the snow removal policy in the municipality of Goga 104775 22860 Issue identified : A need to review the snow removal policy in the municipality of Goga in Sweden because of accidents caused in icy roads. Hospital care and lost productivity due to accidents in slippery conditions cost four times as much as winter road maintenance. Gender inequalities revealed by a gender impact analysis: Three times more pedestrians than motorists/people driving cars are injured in single vehicle accidents caused by icy roads . T he majority of these are women, because women walk, cycle and use public transport to a greater extent than men who travel more by car. A gender impact analysis of the local snow removal process indicates that areas typically used by men were prioritized (first the ring roads were cleared, then the major roads and streets - and especially those leading to larger male-dominated workplaces - while the last to be cleared were bus stops, pedestrian walkways and bike paths). Unintentionally, the snow removal process disproportionately affects women in a negative way, exposing them to a higher degree to the risk of slippery roads 0 0 Issue identified : A need to review the snow removal policy in the municipality of Goga in Sweden because of accidents caused in icy roads. Hospital care and lost productivity due to accidents in slippery conditions cost four times as much as winter road maintenance. Gender inequalities revealed by a gender impact analysis: Three times more pedestrians than motorists/people driving cars are injured in single vehicle accidents caused by icy roads . T he majority of these are women, because women walk, cycle and use public transport to a greater extent than men who travel more by car. A gender impact analysis of the local snow removal process indicates that areas typically used by men were prioritized (first the ring roads were cleared, then the major roads and streets - and especially those leading to larger male-dominated workplaces - while the last to be cleared were bus stops, pedestrian walkways and bike paths). Unintentionally, the snow removal process disproportionately affects women in a negative way, exposing them to a higher degree to the risk of slippery roads 5629275 4445 0 0 898525 121285 Amendment to the policy: The municipality of Goga reformulated its snow removal policy. It was decided that the pedestrian walkways and bike paths should be cleared before the streets. Nurseries were given first priority, as this where parents go first on their way to work. Larger workplaces were given second priority , but this time , female-dominated workspaces such as hospitals, schools and municipalities were also included. Once this essential network is made accessible, the remaining streets and roads are cleared. The reform of the policy, while resulting in no extra costs for the municipality, made the allocation of resources more gender- equal and made the city more accessible for everyone . 0 Amendment to the policy: The municipality of Goga reformulated its snow removal policy. It was decided that the pedestrian walkways and bike paths should be cleared before the streets. Nurseries were given first priority, as this where parents go first on their way to work. Larger workplaces were given second priority , but this time , female-dominated workspaces such as hospitals, schools and municipalities were also included. Once this essential network is made accessible, the remaining streets and roads are cleared. The reform of the policy, while resulting in no extra costs for the municipality, made the allocation of resources more gender- equal and made the city more accessible for everyone . -21053 283552 Issue identified : A need to review the government’s grant for business owners as indirect and unintentional discrimination against women became evident after a gender impact analysis. Gender inequalities revealed by a gender impact analysis: Eligibility to apply for the grant is based on the amount the business earned in the previous year. Both female and male business owners are invited to apply and at first glance the grant does not appear discriminating. A gender impact assessment exercise was undertaken to evaluate whether women and men can access these funds equally in practice. An issue that arose from this analysis concerns female business owners who took maternity leave in the past year and consequently would receive a smaller grant than male business owners. In the context of pay inequality between women and men, and the small proportion of businesses owned by women, MPs scrutinizing this scheme might decide that this is unfair and an opportunity to increase equality. Issue identified : A need to review the government’s grant for business owners as indirect and unintentional discrimination against women became evident after a gender impact analysis. Gender inequalities revealed by a gender impact analysis: Eligibility to apply for the grant is based on the amount the business earned in the previous year. Both female and male business owners are invited to apply and at first glance the grant does not appear discriminating. A gender impact assessment exercise was undertaken to evaluate whether women and men can access these funds equally in practice. An issue that arose from this analysis concerns female business owners who took maternity leave in the past year and consequently would receive a smaller grant than male business owners. In the context of pay inequality between women and men, and the small proportion of businesses owned by women, MPs scrutinizing this scheme might decide that this is unfair and an opportunity to increase equality. Example: Revising the government’s grant for business owners 5383876 218902 797169 204030 Recommendation: As a result of this gender-sensitive scrutiny, MPs could recommend that the government introduce an exemption for maternity leave to reflect the distinct experiences of women and ensure they are not disadvantaged for having children, or that eligibility for the grant be calculated in a different way, such as a business’s average turnover over the past five years. MPs might also ask the government to provide statistics on the number of male and female business owners who have received the grant after 12 months, and monitor the distribution of funds in practice, ensuring that everyone has equal access 0 0 Recommendation: As a result of this gender-sensitive scrutiny, MPs could recommend that the government introduce an exemption for maternity leave to reflect the distinct experiences of women and ensure they are not disadvantaged for having children, or that eligibility for the grant be calculated in a different way, such as a business’s average turnover over the past five years. MPs might also ask the government to provide statistics on the number of male and female business owners who have received the grant after 12 months, and monitor the distribution of funds in practice, ensuring that everyone has equal access Step 4: Monitor and evaluate the outcomes Because gender mainstreaming entails a process of change, it requires systematic and continuous monitoring and evaluation. Experience shows that even when gender-responsive law reforms are enacted, they may still not be sufficient to bring about change in the lives of women and men . Thus, it is important that policy makers continue to monitor the ir implementation to ensure that their impacts are in line with the stated objectives and that progress on gender equality is achieved in practice . To this end, regulations or legislative instruments often need to be developed to ensure effective implementation of the law and that accountability mechanisms are established and strengthened across relevant administrative bodies. Monitoring and Evaluation of Laws and Policies When conducting monitoring and evaluation of gender mainstreaming in law reform , the following questions can provide guidance through the process : What is the impact of the reformed law, policy or programme on women and men: did it increase equality, change behaviour or choices, provide additional rights or responsibilities, and increase/decrease access to resources, power or representation? Has the law effectively contributed to creating favourable conditions for gender equality by meeting the everyday, practical and strategic needs of women and men? Is the implementation of the law contributing to a narrowing of gender gaps between men and women in different sectors? Does the narrowing of gender gaps contribute to sustainable change toward gender equality? Were there any unintended or unexpected effects of the law on men or women? Did the law affect women and men in a disproportionate manner, with women or men enjoying more benefits or rights because of the law? Were economic resources distributed equitably between women and men? Have the outcomes for women and men been achieved at a reasonable cost, and are the costs and benefits shared fairly? Is the (re)allocation of budgets and expenditure contributing to a narrowing of gender gaps between men and women? Are government departments working toward increasing awareness and capacity on gender equality and gender mainstreaming? Is the monitoring and evaluation process inclusive of all relevant stakeholders? Is there gender-balance in the representation of women and men in the monitoring and evaluation processes? Example: Assessing whether a targeted action led to increased equality In 2017, a parliamentary finance committee used gender-impact assessment to examine funding for services to help people to stop smoking. The funding for such services had been declining for many years due to reduced demand and wider public funding cuts. The committee gathered data on the number of smokers and smoking-related illnesses disaggregated by gender. This showed that while the overall number of smokers was falling due to the rapidly declining rate of female smokers, the number of male smokers was slowly increasing. The committee recommended that funding for the smoking cessation service be maintained, which was accepted by the government. Two years later, the health committee conducted an inquiry into smoking-related illnesses and found that the increasing trend of male smokers and reducing rate of female smokers were continuing. It also found that smoking-related illnesses among men had increased. Using gender-sensitive evaluation, the committee found that the smoking cessation services were usually advertised in places such as clinics and hospitals, where women were more likely to see them. So, while the funding appeared to be effective in reducing the smoking rates of women, the gender gap between women and men smokers was actually widening . The committee recommended that the government undertake a review of how such services are targeted and advertised, to ensure that men would see the health messages. It also recommended the government commit to a target of decreasing the number of male smokers by 25 per cent within two years. The monitoring and evaluation process is conducted based on gender-responsive indicators that are developed with the aim to facilitate the measurement and evaluation of gender-r elated changes over time. C hanges are evaluated in terms of the following as pects : (i) relevance of the law toward achieving gender equality, (ii) its effectiveness and efficiency, (iii) its impact on the strategic and practical needs of women and men, (iv) the sustainability of the impact, and (v) the degree to which it brings about institutional change. Gender responsive indicators usually refer to quantitative indicators based on sex and gender disaggregated statistical data, but they can also be qualitative in nature (such as for instance measuring changes in attitudes around violence against women and the reduction in victim blaming attitudes ) . Wherever possible, gender responsive indicators should be developed in a participatory manner with key stakeholders , including beneficiaries, to ensure perspectives that are more comprehensive . Examples of Gender-Responsive Indicators for the Education Sector Objective Gender responsive Indicators Reduce gender gaps in enrolment, completion and learning outcomes in primary and secondary education Number of additional girls and boys enrolling, attending and completing primary and secondary education compared to previous year(s). Repetition and dropout rates for primary and secondary schooling by gender, ethnicity and location. Number and type of targeted activities to monitor and assist girls and boys at risk of dropping out, by level of education. Change in attitudes about the importance of school and dropping out. Reduce gender gaps in technical and vocational, as well as tertiary education Number and type of incentive and support activities enabling women and men to enrol in training institutions (e.g., affirmative action policies, review of entry qualifications or selection procedures). Reduce gender disparities in employment in the education sector Number and percentage of qualified women and men teachers. Number and percentage of women and men teachers trained, by content area (e.g., planning, management and teaching methods). Percentage of women and men holding primary, secondary and tertiary teaching positions (public and private schools) Percentage of women and men in senior teaching, management and curriculum review positions ( e.g., supervisors, principals, vice-principals and heads of departments). Number and type of incentive and support programmes for recruitment, training and career advancement, including those aimed at increasing the number of qualified women and men teaching staff in rural areas. Percentage of women and men who receive in-service or overseas training, compared with the total percentage of eligible women and men (teachers and school officials). Case study: Belgium: Defining gender indicators for evaluation In Belgium, the 2007 Gender Mainstreaming Act ensures, among other things, that strategic gender equality objectives are set for each new policy. The law also requires that each new bill or proposed policy pass a “gender test”, as the federal government is required to define strategic objectives on gender equality at the beginning of the legislative act for every policy area falling under its remit. The act also provides for follow-up and evaluation of these actions. Ministers are required to define gender indicators for use in measuring the achievement of the strategic objectives set, and to submit annual reports on the actions, measures and projects carried out in pursuit of these strategic objectives. Potential bottlenecks and remedies are to be included in interim evaluations. Also, overall progress has to be measured in terms of the relative societal positions of women and men at the beginning and end of the legislative act. Establishing and enhancing accountability for gender mainstreaming Promising practices from across Europe, suggest that gender mainstreaming is most successful when it is part of a dedicated legal framework. The regulation of gender mainstreaming through a formal legal framework specifies the function, responsibilities and mandate of all relevant institutions that will be responsible for the entire process of gender mainstreaming and ensures that gender mainstreaming actions are accompanied by appropriate budgetary allocations. Moreover, oversight institutions and advisory bodies are mandated to monitor implementation of government-wide gender equality and mainstreaming policy . To this end, the establishment of independent institutions (such as Independent Commissions, Supreme Audit Institutions, Ombuds man Offices), and advisory bodies (e.g., Gove rnment councils) has also proven to be an effective mechanism toward : (i)monitoring the implementation of gender equality strategies, (ii) integrating gender issues in policy-making, (iii) facilitating regular reporting, gender impact assessments and measurements and (iv) establishing effective, independent and impartial complaint and appeal mechanisms to protect rights for gender equality . Case study: Gender mainstreaming by all public authorities - Spain In order to make gender mainstreaming part of all public policies, the Spanish Equality Act 3/2007 introduced the cross-sectional dimension of the principle of equal treatment and opportunities which must inform actions taken by all public authorities and be integrated by public Administrations in the adoption and implementation of their legislative provisions and in the definition and budgeting of public policies. To ensure effective gender mainstreaming, article 77 of the Spanish Equality Act, created equality units in all ministries. All ministries, within the scope of their areas of competence, assign to a single management body duties relating to equality between women and men, particularly: providing gender-relevant statistical information; conducting surveys to foster equality between women and men in ministries’ areas of activity; providing advice to the Ministry’s competent bodies for the elaboration of the gender impact assessment report; improving employees’ understanding of the scope and meaning of the principle of gender equality by proposing activities; overseeing compliance of this Act and the effective implementation of the principle of equality. Spain’s Instituto de la Mujer y para la Igualdad de Oportunidades (Women’s Institute for Equal Opportunities) has trained staff who work in equality units which are now the focal points for monitoring the progress of gender equality and mainstreaming measures across all government departments. Gender mainstreaming is also a question of the efficiency and quality of public services. Public administration, municipalities and local administrations play a fundamental role in promoting and attaining de facto gender equality. In order to be successful in this role , administrations need to establish and enhance their capacity in implementing gender mainstreaming by building gender competence . This entails (i) enhancing their commitment to gender equality objectives and taking responsibility for the implementation of gender mainstreaming within the department’s own area of operations (ii) developing methodological expertise ( i.e. skills to implement gender mainstreaming using the appropriate methods and tools ) and gaining specialist knowledge (i.e. theoretical understanding of gender , ability to correctly classify and interpret gender-disaggregated facts and data) . Ultimately , gender competence is effectively developed when the following parameters are in place : Legal and policy documents that govern public institutions state concrete objectives for integrating gender perspectives in policies and services . A dministrations have developed action plans at the institution level to implement the government-wide gender equality policy and monitor organisational performance There is internal capacity in gender awareness, gender sensitivity and their expertise in implementing all steps of the gender mainstreaming process is enhanced through systematic training and guidance from gender equality experts . A dequate support (e.g., gender advisors, gender focal points, gender units ) is in place across the entire gender mainstreaming processes . S enior management and staff members are held accountable for integrating gender equality perspectives in their daily policy and programme related activities . G ender equality objectives are incorporated in the individual staff performance assessment objectives . S pecific guidelines are in place to ensure equal treatment and provision of equal services to women and men . T argeted actions are taken to understand the needs of women and men and different groups of women and men so that public services can better respond to these specific needs. Sex and gender-disaggregated statistics and data are collected on the impact of policies and programmes on gender equality . Public consultations are frequently conducted to provide feedback about the real effect of public policy on the ground . Case study: The Public Sector Equality Duty UK The Public Sector Equality Duty (the equality duty) was created under the Equality Act 2010 . The E quality D uty consists of a general equality duty which is supported by specific duties that are imposed by secondary legislation. The broad purpose of the equality duty is to integrate consideration of equality and good relations into the day-to-day business of public authorities and ensures public authorities to have due regard to several equality considerations when exercising their functions. The general equality duty requires organisations to consider how they could positively contribute to the advancement of equality and good relations. It requires equality considerations to be reflected into the design of policies and the delivery of services, including internal policies, and for these issues to be kept under review. For example, t his law ensures that public authorities think about how they can make things better for people from different groups by: T ak ing steps to understand what people from diverse groups need and ensuring that they effectively respond to these needs. Engaging in public consultations with people from diverse groups to receive their feedback and perspective . Disseminating information that is easily accessible to all groups . CONCLUDING REMARKS This section to include some final considerations and a quick outline of the components that need to be in place for successful gender mainstreaming in legal reform BIBLIOGRAPHY- SOURCES Council of Europe (2018). Gender Equality Strategy 2018-2023. Council of Europe EG-S-MS (2004). Gender mainstreaming: Conceptual framework, methodology and presentation of good practices Final report of activities of the Group of Specialists on Mainstreaming http://www.coe.int/equality/ Council of Europe (2019) . Recommendation CM/ Rec( 2019)1 of the Committee of Ministers to member States on preventing and combating sexism. EIGE (2017) . Gender impact assessment. Gender Mainstreaming Toolkit. European Institute for Gender Equality: Vilnius, Lithuania. IDEA (2022). Gender-Sensitive Scrutiny. A Guide to More Effective Law-Making and Oversight. International IDEA: Stockholm, Sweden. IMF (2016). Europe: A Survey of Gender Budgeting Efforts, Working Paper, WP/16/155 . Institute for the Equality of Men and Women-IEMW (2007) . Manual for the application of gender mainstreaming within the Belgian federal administration. Brussels, Belgium Inter-Parliamentary Union (2011) . Gender Sensitive Parliaments: A Global Review of Good Practice. IPU: Geneva, Switzerland. Inter Parliamentary Union &amp; UN Women (2021 ) . Gender-responsive law-making . Organization for Economic Cooperation and Development OECD (2018). Toolkit for Mainstreaming and Implementing Gender Equality- Implementing the 2015 OECD Recommendation on Gender Equality in Public Life Organization for Economic Cooperation and Development (OECD) 2021: Policy framework for gender-sensitive public governance. C/ MIN ( 2021)21 OSCE Office for Democratic Institutions and Human Rights (2017). Making Laws Work for Women and Men: A Practical Guide to Gender-Sensitive Legislation. OSCE/ODIHR: Warsaw. Secretariat Directorate General of Human Rights and Rule of Law - DGI (2016). The relevance of gender mainstreaming in law reform. Briefing paper for the European committee on legal co-operation (CDCJ) United Nations Office of the High Commissioner for Human Rights (UN OHCHR), 2008. UN Committee on the Elimination of Discrimination against Women, ‘National parliaments and the Convention on the Elimination of All Forms of Discrimination against Women’, https://www.ohchr.org/documents/HRBodies/CEDAW/Statements/Parliamentarians.pdf A ppendix : Ensuring that Gender Mainstreaming has been applied correctly in the law reform process Signs that gender mainstreaming has been applied correctly Incomplete application of gender mainstreaming Consequent use of gender-specific language Gender-specific language is not used consistently. Gender-neutral language often used. Gender is strategically embedded Concrete gender goals are linked to specific measures Gender aspects are consistently visible in definitions, goals, measures and evaluation processes Gender “is everywhere” Mentions of gender are included everywhere, but no concrete goals or measures are described The mere involvement of women in the reform process is considered enough. While the participation of women is especially important, it is not in itself a guarantee for gender mainstreaming. The same goes for statements such as “the reform was developed by women” Gender-specific data collection and analysis Differentiated and gender-specific perspective on all target groups using gender desegregated data Suitable gender indicators If data is incomplete or missing, the attempt at differentiated analyses is shown in a comprehensible way and the problems are explained (Compulsory) gender-specific analysis and impact assessment Sustainability of gender mainstreaming is ensured No gender-specific goals or analyses No assessment of the status quo in gender matters or gender-specific problem analysis Equality goals are not clearly defined but are broad and vague Target groups and their particular needs are not defined separately Data is shown separately for women and men, but there is no gender-specific analysis or explanation that leads to a comprehensive understanding of the inequalities The implementation does not match the equality goals, e.g., no conclusions or consequences on gender equality are drawn from an analysis Gender-sensitive view of different needs Different needs are not only noted but also seriously considered (e.g., there are clear and specific answers for the questions who, what, how and for what purpose) Even needs and impacts that are not directly visible are considered (e.g., daily trips in traffic and how transport planning disproportionately affects women and men) Social and power structures are taken into account and structural inequalities are addressed Excuses are given to explain why gender-specific taken measures are not possible or necessary Measures and services are presented as gender- neutral even though a closer inspection shows they are not. Underlying structural conditions that have not been identified and addressed can lead to discrimination. For example, men benefit more from tax cuts a from for medium and high incomes than women as more women work part time or in low-wage sectors. Gender competence of the people responsible for the law reform process There is clear gender competence of all stakeholders involved in the law reform process Training, mentoring and guidance by experts delivered toward MPs, policy makers, government officials, government employees, employees in administrative departments and other stakeholders directly involved in the law reform process has taken place to enhance their understanding and skills of gender impact analysis and overall gender competence in conducting the law reform process Gender experts have been used to provide expertise and guidance and have some authority over the reform processes (e.g., in Gender analysis, gender impact analysis, monitoring and evaluation Different government departments collect and analyse data by gender and systematically examine whether services and activities have a different impact on women and men Different departments have defined gender equality goals and communicate them. Women and men are equally involved in working groups, teams, meetings, etc Lacking gender competence of the people responsible No real measures to enhance gender competence of the stakeholders involved Trainings and gender competence building activities are limited or are primarily geared toward ensuring de jour equality rather than de facto equality Gender advisors or women’s representatives are involved but do not have any real say in the process The gender mainstreaming measures and goals are considered in the budget The financial resources required for the successful implementation of the gender mainstreaming measures are fully budgeted Use of gender-sensitive budgeting, ensuring that women and men benefit from investments in a balanced way The implementation of gender mainstreaming is in not connected to the budget Gender mainstreaming measures are mentioned but the resources required for meeting them are not budgeted No use of gender budgeting. It is not possible to determine whether the planned measures and investments benefit women and men equally Progress is effectively monitored The implementation and the impact of the law are systematically monitored There is a specific monitoring and evaluation plan being integrated into the overall gender mainstreaming process to assess the intended and unintended gender impact of the design and implementation of laws, policy, programmes or actions. Gender responsive indicators are explicitly set to monitor the degree to which gender objectives are met. M &amp; procedures also extend to evaluate the extent budgeting is gender responsive In the event that gender objectives are not adequately met, there is a clear system in place to make additional revisions and amendments to the law. No gender-responsive monitoring Any monitoring of laws is gender neutral and doesn’t explore the specific impact of the law on women and men Oversight of the implementation of laws is gender neutral and there is limited to no analysis as to how the law is contributing to a narrowing of gender gaps between women and men