Use of Human Rights Instruments for

Gender Equality & Temporary Special

Measures (TSM): Relevance to ADB

Imrana Jalal
Senior Social Development Specialist (Gender & Development)
RSGS

Gender Specialists’ Annual Consultation Workshop

27 October 2010
ADB Manila

The views expressed in this paper are the views of the author and do not necessarily reflect the views or policies of
the Asian Development Bank (ADB), or its Board of Governors, or the governments they represent. ADB does not
guarantee the accuracy of the data included in this paper and accepts no responsibility for any consequence of their
use. The countries listed in this paper do not imply any view on ADB's part as to sovereignty or independent status
or necessarily conform to ADB's terminology.
 Seminar Objectives

¾ Why Human Rights framework and TSM

relevant to ADB sectors?
¾ Draw relevant links between HR and ADB work
¾ Understand how to use the HR framework in
ADBs work
 What is the int’l human rights
framework?
¾ International human rights conventions,
Declarations

¾ Ratification & Treaty

body reporting process

¾ Special Rapporteurs
– thematic/country
mandates
The Right to Water is a universal human
right– recognized by UNGA 28 July 2010
 Why are ratification of human rights
conventions & reporting process relevant
to ADB’s work?
¾ Ratification - legal act to be
bound by Conventions -
provides a legal regime of
accountability

¾ Linked to development,
MDGs

¾ Human rights framework

requires gender equality
compliance

¾ Justify EGM/GEN, TSM,

GAPs, % work for women
and quotas of all types
 ADB SECTORs/DRIVERS
Some examples
WSS, Transport, Energy,
Infrastructure, Education, Housing,
SMEs, Financial. Governance,
Gender Equality
Education, gender equality
All sectors
Health, gender equality
Health, gender equality
Education, Health, Roads/Transport,
Infrastructure, gender equality
Environment, Climate Change,
gender equality, Resettlement
Donor obligations/DMC obligations
MDG
MDG 1: Eradicate extreme poverty
and hunger
MDG 2: Achieve universal primary
education
MDG 3: Promote gender equality and
empower women
MDG 4: Reduce child mortality
MDG 5: Improve maternal health
MDG 6: Combat HIV/AIDS, malaria
and other diseases
MDG 7: Ensure environmental
sustainability
MDG 8: Develop a global partnership
for development
Human Rights Articles – some
examples
UDHR, article 25(1); ICCPR articles 6 and 26;
ICESCR article 11; ICMW article 70; CRC articles
2, 6, 24.2(c) and 27; Disability arts. 25(f) and 28
UDHR article 25(1); ICESCR articles 13 and 14;
ICCPR article 26; CRC article 28(1)(a); CEDAW
article 10; CERD article 5(e)(v); ICMW article 30;
Disability art. 24
UDHR article 2; CEDAW; ICESCR article 3;
ICCPR articles 2, 3 and 26; CRC article 2; ICMW
article 7; Disability art. 6
UDHR article 25; CRC articles 6, 24(2)(a);
ICESCR article 12(2)(a); ICCPR article 6; ICMW
articles 28 and 43 (1) (e); Disability arts. 10 and
24
UDHR art 25; CEDAW arts10(h), 11(f), 12,
14(b);ICESCR art 12; ICCPR art 6; CRC art
24(2)(d); CERD art 5(e)(iv); ICMW art 28 and 43
(1) (e); Disability art. 24
UDHR article 25; ICESCR article 12, CRC article
24; ICCPR article 6; CEDAW article 12; CERD
article 5(e)(iv); Disability art. 24
UDHR article 25(1); ICESCR articles 11(1) and
12; ICCPR article 2; CEDAW article 14(2)(h);
CRC article 24; CERD article 5(e)(iii); ICMW
article 70; CRC article 24.2(c);
The UN Charter articles 1(3), 55 and 56;
Universal Declaration of Human Rights articles 22
and 28; ICESCR articles 2(1), 11(1) , 15(4), 22
and 23; ICCPR article 2; CRC articles 4, 24(4)
and 28(3); ICMW article 64; Disability arts. 32 and
33
 What does ratification of a human
rights Convention mean?
¾ Ratification - DMcs must
comply with specific articles of
Conventions; measured
against them specifically

¾ Obligation to not discriminate

but to operationally through
positive action bring about
substantive equality or equity

¾ ADB can use this for policy

dialogue and to justify
EGM/GEN projects, TSM –
policy tool/compliance. DMCs
voluntary commitment not
ADB.
Articles of particular relevance to
ADB operations
¾ CEDAW – Art 2 on non-
discrimination, Art 4 TSM, Art
5 on custom/sexual
stereotyping, Art 10 education,
Art 11 employment, Art 12
health, Art 14 rural women
(see handout)

¾ ICESCR – Art 1indigenous

people, Art 11 adequate
standard of living, food
security, living conditions,
housing, Art 12 health, Art 13
education

¾ Right to water – new right July

2010
Temporary Special Measures
(TSM)
¾ Critical policy tool for
substantive equality
¾ Art 4 of CEDAW
¾ eg. India on preferential
employment in government,
Australia – incr’g women in
private sector
¾ Necessary to close gender gap
in all sectors (Call to account
Missions, Teams and DMCs
that refuse to EGM or argue
that it is “gender
discrimination” against men
¾ Justification for GAPs,
gendered indicators in DMFs,
even for more than 50%
Conclusion - CEDAW Ratification
and TSM together:

¾ Justify GEN/EGM and quotas

¾ State voluntarily ratified, ADB did not make the
DMC ratify
¾ GEN/EGM way for DMC to operationalise
CEDAW obligations, to comply with positive
obligations, to actively promote GE
¾ Quotas cannot be discrimination against men
because TSM allowed in Art 4 as a matter of law
& policy