The “Discrimination in the family” dimension captures social institutions that limit women’s decision-making power and undervalue their status in the household and the family.
The “Restricted physical integrity” dimension captures social institutions that increase women’s and girls’ vulnerability to multiple forms of violence and limit their control over their bodies and reproductive autonomy.
The “Restricted access to productive and financial resources” dimension captures women’s restricted access to and control over critical productive and economic resources and assets.
The “Restricted civil liberties” dimension captures discriminatory social institutions restricting women’s access to, and participation and voice in, the public and social spheres.
SIGI 2021 Regional Report for Africa
Annex B. Social Institutions and Gender Index methodology
The Social Institutions and Gender Index (SIGI) covers four dimensions, spanning the major socio-economic areas that affect the entire lifetimes of women and girls
Each dimension comprises four indicators. In theory, each indicator builds on a combination of three variables. The first variable aims to measure the level of discrimination in formal and informal laws, while the second and the third variables aim to measure the level of discrimination in social norms and practices, respectively. The variables used as proxies for each indicator depend on data availability, reliability and country coverage. For example, some variables are not available at all (e.g. information on the social acceptance of discriminatory inheritance practices), while others are only available for a few countries (e.g. time spent on unpaid care work).
Consequently, discrepancies exist between the theoretical framework and the variables included in the SIGI 2019. Overall, the SIGI framework builds on 27 core variables:
14 categorical variables describe the level of discrimination in legal frameworks (available for all SIGI indicators but two: Missing women and Female genital mutilation). These variables are based on 144 questions out of the 312 used to draft the SIGI country profiles.
3 attitudinal variables describe the level of discrimination in social norms.
10 variables on prevalence rates describe the level of discrimination in practices.
Aggregation and construction of the index
The variables, indicators, dimensions and, ultimately, the SIGI are constructed according to the steps below.
Step 1: Building the Gender, Institutions and Development Database
Quantitative variables: Truncating data at the equality benchmark and inverting the scale
Quantitative data are collected and harmonised to ensure comparability across countries/territories. Data sources vary according to the country/territory and the variable. For example, the prevalence of child marriage among girls is collected through the UN World Marriage Database, while the proportion of women members of parliament is based on the Inter-Parliamentary Union database.
All the SIGI components (variables, indicators, dimensions and index) range from 0, indicating no discrimination, to 100, indicating absolute discrimination:
For some variables, equality is reached at 0.5 instead of 1. Equality in political representation, for example, is achieved when 50% of MPs are women. Therefore, countries/territories where 50% or more of their MPs are female have a score of 0.
For some other variables, the scale from no discrimination to absolute discrimination may be inverted to fit with the 0‑100 scale.
Qualitative variables: Assigning a score
The qualitative legal information detailed in the SIGI country profiles is quantified using a coding manual based on a five-level scale (0, 25, 50, 75 and 100) (Table A B.1).
Table A B.1. Scoring methodology for legal variables
Legal frameworks |
Score assigned |
---|---|
The legal framework provides women with the same rights as men, with no exceptions, and applies to all groups of women. There are no customary, religious or traditional practices or laws that discriminate against women. |
0 |
The legal framework provides women with the same rights as men, with no exceptions, and applies to all groups of women. However, some customary, religious or traditional practices or laws do discriminate against women. |
25 |
The legal framework provides women with the same rights as men. However, it foresees exceptions, or does not apply to all groups of women. |
50 |
The legal framework restricts some women’s rights. |
75 |
The legal framework fully discriminates against women’s rights. |
1 |
Source: OECD (n.d.), Social Institutions and Gender Index, www.genderindex.org.
Step 2: Building the indicators
The variables that comprise each indicator are aggregated using the SIGI aggregation formula.
Some indicators are based on one variable, while others are based on several. In the latter case, the indicator is calculated only if all variables are assigned a value.
For example, for the “Violence against women” (VAW) indicator, the aggregation is:
Step 3: Building the dimensions
The indicators that comprise each dimension are aggregated using the SIGI aggregation formula.
The dimensions aim to provide a summary measure of each area of discrimination. The dimension is calculated only if all indicators are assigned a value.
For example, for the dimension “Discrimination in the family” (DF), the aggregation is:
Step 4: Building the SIGI
The SIGI is calculated only if all dimensions are assigned a value using the same aggregation formula.
Definition of the variables
Table A B.2. Variables used in the analysis and the construction of the SIGI 2019
Variable |
Coding |
Sources |
---|---|---|
DISCRIMINATION IN THE FAMILY |
||
Child marriage |
||
Laws on child marriage (S) Whether the same minimum legal age for marriage applies to both women and men |
0: The law guarantees the same minimum legal age for marriage at 18 years for both women and men, without legal exceptions regarding consent or for some groups of women. Customary, religious or traditional practices or laws do not encourage child marriage among girls. |
SIGI country profiles |
0.25: The minimum legal age for marriage might be different for men and women, but they must be at least 18 years old, without legal exceptions regarding consent or for some groups of women. Some customary, religious or traditional practices or laws encourage child marriage among girls. |
||
0.5: The minimum legal age for marriage might be different for men and women, but is over the age of 18 years. However, legal exceptions exist concerning consent and/or some groups of women. |
||
0.75: The law allows child marriage for both women and men, or there is no minimum legal age for marriage for either women or men. |
||
1: The law allows child marriage for women but not for men. |
||
Prevalence of child marriage among girls (S) Percentage of girls aged 15‑19 years who have been or are still married, divorced, widowed or in an informal union |
0‑100% |
UN World Marriage Data (2017) |
Prevalence of child marriage among boys Percentage of boys aged 15‑19 years who have been or are still married, divorced, widowed or in an informal union |
0‑100% |
UN World Marriage Data (2017) |
Household responsibilities |
||
Laws governing household responsibilities (S) Whether women and men have the same legal rights, decision-making abilities and responsibilities within the household |
0: Women enjoy the same legal rights and decision-making freedoms and responsibilities within the household as men, without legal exceptions for any groups of women. Customary, religious or traditional practices or laws do not discriminate against women’s legal rights. |
SIGI country profiles |
0.25: Women enjoy the same legal rights and decision-making freedoms and responsibilities within the household as men, without legal exceptions for any groups of women. However, customary, religious or traditional practices or laws discriminate against women’s legal rights. |
||
0.5: Not all groups of women enjoy the same legal rights and decision-making freedoms and responsibilities within the household as men, or there is no law regulating household headship. |
||
0.75: Women do not enjoy the same legal rights as men to be recognised as the head of household or to have parental authority. |
||
1: Women do not enjoy the same legal rights as men to be recognised as the head of household and to have parental authority. |
||
Attitude towards housewives Percentage of the population aged over 18 years that thinks that “Being a housewife is just as fulfilling as working for pay” |
0‑100% |
International Social Survey Programme World Values Survey |
Attitude towards women earning money Percentage of the population aged over 18 years that agrees or agrees strongly with the statement: “If a woman earns more money than her husband, it is almost certain to cause problems” |
0‑100% |
International Social Survey Programme World Values Survey |
Attitude towards working mothers (*) Percentage of the population aged over 18 years that agrees or agrees strongly with the statement: “When a mother works for pay, the children suffer” |
0‑100% |
International Social Survey Programme World Values Survey |
Women’s and men’s share of unpaid care work responsibility (*) Female-to-male ratio of time spent on unpaid, domestic, care and volunteer work in a 24‑hour period |
|
Various sources1 |
Women’s contribution to unpaid care work Women’s average time spent (in hours) on unpaid domestic, care and voluntary work in a 24‑hour period |
|
Various sources1 |
Men’s contribution to unpaid care work Men’s average time spent (in hours) on unpaid domestic, care and voluntary work in a 24‑hour period |
|
Various sources1 |
Inheritance |
||
Laws on inheritance (S) Whether women and men have the same legal rights to inherit land and non-land assets |
0: Widows and daughters enjoy the same rights as widowers and sons to inherit land and non-land assets. This applies to all groups of women. Customary, religious or traditional practices or laws do not discriminate against women’s inheritance rights. |
SIGI country profiles |
0.25: Widows and daughters enjoy the same rights as widowers and sons to inherit land and non-land assets. This applies to all groups of women. However, there are some customary, religious or traditional practices or laws that discriminate against women’s inheritance rights. |
||
0.5: Widows and daughters enjoy the same rights as widowers and sons to inherit land and non-land assets. However, this does not apply to all groups of women. |
||
0.75: Widows or daughters do not enjoy the same rights as widowers and sons to inherit land and/or non-land assets. |
||
1: Neither widows nor daughters enjoy rights to inherit land and/or non-land assets. |
|
|
Divorce |
||
Laws on divorce (S) Whether women and men have the same legal rights to initiate divorce, with the same grounds and evidential requirements for divorce or annulment |
0: Women have both the same rights to initiate divorce and the same requirements to finalise divorce or annulment as men, without negative repercussions on their parental authority. This applies to all groups of women. Customary, religious or traditional practices or laws do not discriminate against women regarding divorce or their parental authority after divorce. |
SIGI country profiles |
0.25: Women have both the same rights to initiate divorce and the same requirements to finalise divorce or annulment as men, without negative repercussions on their parental authority. This applies to all groups of women. However, there are some customary, religious or traditional practices or laws that discriminate against women regarding divorce and/or their parental authority after divorce. |
||
0.5: Women have both the same rights to initiate divorce and the same requirements to finalise divorce or annulment as men, without negative repercussions on their parental authority. However, this does not apply to all groups of women. |
||
0.75: Women do not have the same rights regarding divorce as men: either their rights to initiate divorce and/or their requirements to finalise divorce or annulment are unequal, or their parental authority after divorce is restricted. |
||
1: Women do not have the same rights regarding divorce as men: their rights to initiate divorce and/or the requirements to finalise divorce or annulment are unequal, and their parental authority after divorce is restricted. |
||
RESTRICTED PHYSICAL INTEGRITY |
||
Violence against women |
||
Laws on violence against women (S) Whether the legal framework protects women from violence – including intimate partner violence, rape and sexual harassment – without legal exceptions and through a comprehensive approach |
0: The legal framework protects women from violence – including intimate partner violence, rape and sexual harassment – without any legal exceptions and through a comprehensive approach. |
SIGI country profiles |
0.25: The legal framework protects women from violence – including intimate partner violence, rape and sexual harassment – without any legal exceptions. However, the approach is not comprehensive. |
||
0.5: The legal framework protects women from violence, including intimate partner violence, rape and sexual harassment. However, there are some legal exceptions. |
||
0.75: The legal framework protects women from some forms of violence, including intimate partner violence, rape, or sexual harassment, but not all. |
||
1: The legal framework does not protect women from any form of violence: whether intimate partner violence, rape or sexual harassment. |
||
Attitude towards domestic violence (S) Percentage of women aged 15‑49 years who consider a husband to be justified in hitting or beating his wife for at least one of the specified reasons: if his wife burns food, argues with him, goes out without telling him, neglects the children, or refuses to engage in sexual intercourse with him |
0‑100% |
Pan American Health Organization (2014) UNICEF global databases (2017) World Health Organization World Values Survey (2005‑16) |
Lifetime prevalence of domestic violence (S) Percentage of women who have suffered intimate partner physical and/or sexual violence during their lifetime |
0‑100% |
Various sources2 |
Prevalence of domestic violence in the last 12 months Percentage of women who have suffered intimate partner physical and/or sexual violence in the previous 12 months |
0‑100% |
Various sources2 |
Female genital mutilation |
||
Attitude towards female genital mutilation (S) Percentage of women aged 15‑49 years who have heard about female genital mutilation and think the practice should continue |
0‑100% |
UNICEF Global Databases (2017) |
Prevalence of female genital mutilation (S) Percentage of women aged 15‑49 years who have undergone female genital mutilation |
0‑100% |
UNICEF Global Databases (2017) |
Missing women |
||
Missing women (S) Sex ratio among 0‑4-year-olds (number of males per 100 females) |
105‑116 |
UNDP World Population Prospects (2017) |
Reproductive autonomy |
||
Laws on reproductive autonomy (S) Whether the legal framework protects women’s sexual and reproductive health and rights |
0: The legal framework protects women’s reproductive health and rights in the case of unintended pregnancy, without conditions. |
SIGI country profiles |
0.25: The legal framework protects women’s reproductive health and rights in the case of unintended pregnancy, but imposes conditions. |
||
0.5: The legal framework only protects women’s reproductive health and rights in the case of unintended pregnancy with some conditions. |
||
0.75: The legal framework only protects women’s reproductive health and rights in the case of unintended pregnancy under strict conditions. |
||
1: The legal framework does not protect women’s reproductive health or rights in the case of unintended pregnancy. |
||
Access to family planning (S) Prevalence of unmet need for family planning – percentage of currently married or in-union women of reproductive age (15‑49 years) who want to cease or delay childbearing but are not using any method of contraception |
0‑100% |
United Nations Population Fund (2017) United Nations, Department of Economic and Social Affairs, Population Division (2018) |
RESTRICTED ACCESS TO PRODUCTIVE AND FINANCIAL RESOURCES |
||
Secure access to land assets |
||
Laws on access to land assets (S) Whether women and men have the same legal rights and secure access to land assets |
0: Women and men have the same legal rights and secure access to land assets, without legal exceptions. This applies to all groups of women. Customary, religious or traditional practices or laws do not discriminate against women exercising their legal rights. |
SIGI country profiles |
0.25: Women and men have the same legal rights and secure access to land assets, without legal exceptions. This applies to all groups of women. However, some customary, religious or traditional practices or laws discriminate against women exercising their legal rights. |
||
0.5: Women and men have the same legal rights and secure access to land assets. However, this does not apply to all groups of women. |
||
0.75: Women and men have the same legal rights to own land assets, but not to use, make decisions about and/or use land assets as collateral. |
||
1: Women do not have the same legal rights as men to own land assets. |
||
Access to land ownership (*) Percentage of men in the total number of agricultural holders |
0‑100% |
Demographic and Health Surveys |
Secure access to non-land assets |
||
Laws on access to non-land assets (S) Whether women and men have the same legal rights and secure access to non-land assets |
0: Women and men have the same legal rights and secure access to non-land assets, without legal exceptions. This applies to all groups of women. Customary, religious or traditional practices or laws do not discriminate against women exercising their legal rights. |
SIGI country profiles |
0.25: Women and men have the same legal rights and secure access to non-land assets, without legal exceptions. This applies to all groups of women. However, some customary, religious or traditional practices or laws discriminate against women exercising their legal rights. |
||
0.5: Women and men have the same legal rights and secure access to non-land assets. However, this does not apply to all groups of women. |
||
0.75: Women and men have the same legal rights to own non-land assets, but not to use, make decisions about and/or use non-land assets as collateral. |
||
1: Women do not have the same legal rights as men to own non-land assets. |
||
Access to house ownership (*) Percentage of men in the total number of people who own a house alone |
0‑100% |
Demographic and Health Surveys |
Secure access to formal financial services |
||
Laws on access to formal financial services (S) Whether women and men have the same legal rights to open a bank account and obtain credit at a formal financial institution |
0: Women and men have the same rights to open a bank account and obtain credit at a formal financial institution, without legal exceptions. This applies to all groups of women. Customary, religious or traditional practices or laws do not discriminate against women exercising their legal rights. |
SIGI country profiles |
0.25: Women and men have the same rights to open a bank account and obtain credit at a formal financial institution, without legal exceptions. This applies to all groups of women. However, some customary, religious or traditional practices or laws discriminate against women exercising their legal rights. |
||
0.5: Women and men have the same rights to open a bank account and obtain credit at a formal financial institution. However, this does not apply to all groups of women. |
||
0.75: Women and men have the same rights to open a bank account at a formal financial institution. However, women do not have the same rights as men to obtain credit. |
||
1: Women do not have the same rights as men to open a bank account at a formal financial institution. |
||
Access to bank account services (S) Percentage of women in the total population aged 15 years and over who have an account at a financial institution (by themselves or together with someone else) |
0‑100% |
Global Findex database |
Access to financial loans Percentage of women in the total population aged 15 years and over who borrowed any money from a financial institution in the past 12 months |
0‑100% |
Global Findex database |
Access to credit card services Percentage of women in the total population aged 15 years and over who own a credit card |
0‑100% |
Global Findex database |
Workplace rights |
||
Laws on workplace rights (S) Whether women and men have the same legal rights and opportunities in the workplace |
0: The legal framework guarantees equality between women and men in the workplace. Parental leave is available to mothers and fathers and the law protects women’s rights during pregnancy and maternity/parental leave. Customary, religious or traditional practices or laws do not discriminate against women in their legal right to enter certain professions, choose a profession and register a business. |
SIGI country profiles |
0.25: The legal framework guarantees equality between women and men in the workplace. Parental leave is available to mothers and fathers and the law protects women’s rights during pregnancy and maternity/parental leave. However, there is evidence of customary, religious or traditional practices or laws that discriminate against women who exercise their legal right to enter certain professions, choose a profession or register a business. |
||
0.5: The legal framework guarantees equality between women and men in the workplace. Parental leave is available to mothers and fathers and the law protects women’s rights during pregnancy and maternity/parental leave. However, this does not apply to all groups of women. |
||
0.75: The legal framework guarantees equality between women and men in the workplace. However, parental leave is not available to mothers and fathers and/or the law does not protect women’s rights during pregnancy and maternity/parental leave. |
||
1: The legal framework does not guarantee equality between women and men in the workplace. |
||
Attitudes towards working women (S) Percentage of the population that disagrees with the statement: “It is perfectly acceptable for any woman in your family to have a paid job outside the home if she wants to” |
0‑100% |
International Labour Organization and Gallup Inc. (2017) Latinobarometer World Values Survey |
Representation in managerial positions (S) Percentage of women in the total population employed in management |
0‑100% |
International Labour Organization |
RESTRICTED CIVIL LIBERTIES |
||
Citizenship rights |
||
Laws on citizenship rights (S) Whether women and men have the same citizenship rights and ability to exercise their rights |
0: Women and men have the same rights to acquire, change and retain their nationality, and to confer their nationality on their spouse and children, without legal exceptions. This applies to all groups of women. Customary, religious or traditional practices or laws do not restrict these rights. |
SIGI country profiles |
0.25: Women and men have the same rights to acquire, change and retain their nationality and to confer their nationality on their spouse and children, without legal exceptions. This applies to all groups of women. However, some discriminatory customary, religious or traditional practices or laws restrict these rights. |
||
0.5: Women have the same rights as men to acquire, change and retain their nationality and to confer their nationality on their spouse and children. However, this does not apply to all groups of women. |
||
0.75: Women and men have the same rights to acquire, change and retain their nationality. However, women face legal restrictions on their rights to confer their nationality on their husband and/or children. |
||
1: Women and men do not have the same rights to acquire, change or retain their nationality. |
||
Freedom of movement |
||
Laws on freedom of movement (S) Whether women and men have the same rights to apply for national identity cards (if applicable) and passports and to travel outside the country |
0: Women and men have the same rights to apply for national identity cards (if applicable) and passports, and to travel outside the country, without legal exceptions. This applies to all groups of women. Customary, religious or traditional practices or laws do not discriminate against these rights. |
SIGI country profiles |
0.25: Women and men have the same rights to apply for national identity cards (if applicable) and passports, and to travel outside the country, without legal exceptions. This applies to all groups of women. However, some customary, religious or traditional practices or laws discriminate against women exercising these rights. |
||
0.5: Women and men have the same rights to apply for national identity cards (if applicable) and passports, and to travel outside the country. However, this does not apply to all groups of women. |
||
0.75: Women do not have the same rights as men either to apply for national identity cards (if applicable) or passports or to travel outside the country. |
||
1: Women do not have the same rights as men to apply for national identity cards (if applicable) or passports, and to travel outside the country. |
||
Security feeling (S) Percentage of women in the total number of people who declare not feeling safe walking alone at night in the city or area where they live |
Rescaled to 0‑100% |
Gallup World Poll (2017) |
Political voice |
||
Laws on political voice (S) Whether the legal framework promotes women’s equal political representation |
0: Women and men have the same rights to vote and to hold public and political office in the legislative and executive branches of government. There are special measures to promote women’s political participation at the national or subnational levels. Customary, religious or traditional practices or laws do not restrict these rights. |
SIGI country profiles |
0.25: Women and men have the same rights to vote and to hold public and political office in the legislative and executive branches of government. There are special measures to promote women’s political participation at the national or subnational levels. However, some discriminatory customary, religious or traditional practices or laws restrict these rights. |
||
0.5: Women and men have the same rights to vote and to hold public and political office in the legislative and executive branches of government. There are no legal quotas or special measures or incentives for political parties to promote women’s political participation. |
||
0.75: Women and men have the same rights to vote. However, women face discrimination regarding their right to hold public and political office in the legislative and executive branches of government. |
||
1: Women and men do not have the same rights to vote. |
||
Political representation (S) Percentage of women in the total number of representatives of the lower or single house of parliament |
0‑100% |
Inter-Parliamentary Union (2018) |
Attitude towards women’s political leadership (*) Percentage of the population that agrees with the statement: “On the whole, men make better political leaders than women do” |
0‑100% |
World Values Survey |
Access to justice |
||
Laws on access to justice (S) Whether women and men have the same rights to provide testimony in court, to hold public or political office in the judiciary, and to sue |
0: A woman’s testimony holds the same evidentiary weight as that of a man in all types of court cases, and women have the same rights as men to hold public or political office in the judiciary, and to sue. Customary, religious or traditional practices or laws do not discriminate against women’s legal right to provide testimony in court, or to be a judge, advocate or other court officer, or to sue. |
SIGI country profiles |
0.25: A woman’s testimony holds the same evidentiary weight as a that of a man in all types of court cases, and women have the same rights as men to hold public or political office in the judiciary, and to sue. Women’s testimony carries the same evidentiary weight as men’s in customary/religious courts/tribunals. However, some customary, religious or traditional practices or laws discriminate against women in their legal right to provide testimony in court, or to be a judge, advocate or other court officer, or to sue. |
||
0.5: A woman’s testimony holds the same evidentiary weight as a that of a man in all types of court cases and women have the same rights as men to sue. However, women do not have the same rights as men to hold public or political office in the judiciary. |
||
0.75: Women and men have the same rights to sue. However, a woman’s testimony does not hold the same evidentiary weight as a that of a man in all types of court cases. |
||
1: Women and men do not have the same rights to sue. |
||
Confidence in the judicial system and courts (S) Percentage of women in the total number of people who declare not having confidence in the judicial system and courts of their country |
0‑100% |
Gallup World Poll (2017) |
Notes: (S) Variables included in the computation of the SIGI. (*) Variables not included in the computation of the SIGI but stored in the Gender, Institutions and Development Database.
Source: OECD (n.d.), Social Institutions and Gender Index, www.genderindex.org.
Questions used to calculate the SIGI scores
The SIGI country profiles are derived from a questionnaire on gender-related legal frameworks – both formal and traditional/cultural – in the countries and territories covered. The questions are mainly divided into two groups: legal framework (formal laws) and de facto (customary, religious or traditional practices or laws). While most of the questions have “Yes” or “No” answers, two of them have numeric values (i.e. the questions on the minimum legal age for marriage for women and men). The list of questions is presented in Table A B.3.
Table A B.3. SIGI questionnaire
DISCRIMINATION IN THE FAMILY |
|
---|---|
Child marriage |
|
Legal framework |
What is the legal age of marriage for women? |
What is the legal age of marriage for men? |
|
Is the legal age of marriage the same for women and men? |
|
Are there legal exceptions to the legal age of marriage that allow women and men under the legal age of marriage to marry with the consent of: a. Parent b. Guardian c. Judge d. The court e. Other authority. Please indicate which authority is concerned. |
|
Does the legal age of marriage apply to all groups of women? |
|
De facto |
Are there customary, religious or traditional practices or laws that allow or encourage early marriage of girls? |
Household responsibilities |
|
Legal framework |
Does the law provide women with the same rights as men to be recognised as the head of household? |
Does the law provide women with the same rights as men to be the legal guardians of their children during marriage? |
|
Does the law provide women with the same rights as men to be legal guardians of their children in informal unions? |
|
Regarding women’s legal rights to be recognised as the head of household, does the law apply to all groups of women? |
|
De facto |
Are there customary, religious or traditional practices or laws that discriminate against women’s legal right to be recognised as the head of household? |
Are there customary, religious or traditional practices or laws that discriminate against women’s legal right to be the legal guardians of their children? |
|
Are there customary, religious or traditional practices or laws that discriminate against women’s legal right to choose where to live? |
|
Divorce |
|
Legal framework |
Does the law provide women with the same rights as men to initiate divorce? |
Do women have the same requirements as men to finalise a divorce or annulment? |
|
Does the law provide women with the same rights as men to be the legal guardians of their children after divorce? |
|
Regarding divorce, does the law apply to all groups of women? |
|
De facto |
Are there customary, religious or traditional practices or laws that discriminate against women’s legal rights to initiate divorce? |
Are there customary, religious or traditional practices or laws that discriminate against women’s legal right to be the legal guardians of their children after divorce? |
|
Inheritance |
|
Legal framework |
Does the law provide daughters with the same rights as sons to inherit land? |
Does the law provide daughters with the same rights as sons to inherit non-land assets? |
|
Does the law provide female surviving spouses with the same rights as male surviving spouses to inherit land? |
|
Does the law provide female surviving spouses with the same rights as male surviving spouses to inherit non-land assets? |
|
Regarding inheritance rights of daughters, does the law apply to all groups of women? |
|
Regarding inheritance rights of female surviving spouses, does the law apply to all groups of women? |
|
De facto |
Are there customary, religious or traditional practices or laws that discriminate against daughters’ legal rights to inherit? |
Are there customary, religious or traditional practices or laws that discriminate against female surviving spouses’ legal rights to inherit? |
|
RESTRICTED PHYSICAL INTEGRITY |
|
Violence against women |
|
National legal framework on violence against women |
|
Does the law provide for a comprehensive approach to address violence against women with specific provisions for: a. Investigation, prosecution and punishment of the perpetrator b. Protection and support services for victims/survivors |
|
Has legislation provided for the removal of provisions which reduce penalties in the case of so-called honour crimes? |
|
Laws addressing domestic violence |
|
Legal framework |
Is domestic violence a criminal offence? |
Does domestic violence legislation cover the following abuse: a. Physical? b. Sexual? c. Psychological? d. Economic? |
|
De facto |
Are there any exceptions included in the customary, religious or traditional practices or laws that reduce penalties for domestic violence? |
Laws addressing rape |
|
Legal framework |
Is rape a criminal offence? |
Does the legal definition of rape include marital rape? |
|
Does the law repeal discriminatory practices such as reduced sentences or escaping punishment if the perpetrator marries the victim? |
|
Laws addressing sexual harassment |
|
Legal framework |
Does the legal framework provide legal protection from sexual harassment? |
Does the law on sexual harassment include criminal penalties? |
|
Does the definition of sexual harassment cover: a. The workplace? b. Educational establishments? c. Sporting establishments? d. Public places? e. Cyber harassment or cyber stalking? |
|
Reproductive autonomy |
|
Legal framework |
Is abortion legal? |
Are there any conditions on legal abortion? a. No restrictions on reasons for abortion b. To preserve the mental health of the woman c. Due to rape, statutory rape or incest d. To preserve the physical health of the woman e. Due to foetal inviability f. To save the woman’s life |
|
RESTRICTED ACCESS TO PRODUCTIVE AND FINANCIAL RESOURCES |
|
Secure access to land assets |
|
Legal framework |
Regarding land, does the law provide married women with the same rights as married men to: a Own b Use c Make decisions d Use as collateral |
Regarding land, does the law provide unmarried women with the same rights as unmarried men to: a Own b Use c Make decisions d Use as collateral |
|
Regarding land, does the law apply to all groups of women? |
|
De facto |
Are there customary, religious or traditional practices or laws that discriminate against women’s legal rights regarding land to own, use, make decisions and use as collateral? |
Secure access to non-land assets |
|
Legal framework |
Regarding property and other non-land assets, does the law provide married women with the same rights as married men to: a Own b Use c Make decisions d Use as collateral |
Regarding property and other non-land assets, does the law provide unmarried women with the same rights as unmarried men to: a Own b Use c Make decisions d Use as collateral |
|
Regarding property and other non-land assets, does the law apply to all groups of women? |
|
De facto |
Are there customary, religious or traditional practices or laws that discriminate against women’s legal rights regarding non-land assets to own, use, make decisions and use as collateral? |
Secure access to formal financial services |
|
Legal framework |
Does the law provide married women with the same rights as married men to open a bank account at a formal financial institution? |
Does the law require married women to obtain the signature and authority of their husband/guardian to open a bank account at a formal financial institution? |
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Does the law provide married women with the same rights as married men to obtain credit? |
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Does the law provide unmarried women with the same rights as unmarried men to obtain credit? |
|
Regarding access to formal financial services, does the law apply to all groups of women? |
|
De facto |
Are there customary, religious or traditional practices or laws that discriminate against women’s legal right to open a bank account? |
Are there customary, religious or traditional practices or laws that discriminate against women’s legal right to obtain credit? |
|
Workplace rights |
|
Legal framework |
Does the law mandate non-discrimination on the basis of sex in employment? |
Does the law mandate equal remuneration for work of equal value? |
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Does the law prohibit women from entering certain professions? |
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Does the law allow women to work the same night hours as men? |
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Does the law mandate paid maternity leave? |
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Does the law mandate paid paternity leave? |
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Does the law mandate parental leave? |
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Does the law require women to have permission from their husband or legal guardian to: a. Choose a profession/occupation or work b. Register a business |
|
Regarding women’s legal right to choose a profession/occupation or work, and/or to register a business, does the law apply to all groups of women? |
|
De facto |
Are there customary, religious or traditional practices or laws that discriminate against women’s legal right to enter certain professions? |
Are there customary, religious or traditional practices or laws that require women to have permission from their husband or legal guardian to: a. Choose a profession/occupation or work b. Register a business |
|
RESTRICTED CIVIL LIBERTIES |
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Citizenship rights |
|
Legal framework |
Does the law provide married women with the same rights as married men to acquire nationality? |
Does the law provide unmarried women with the same rights as unmarried men to acquire nationality? |
|
Does the law provide married women with the same rights as married men to change their nationality? |
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Does the law provide unmarried women with the same rights as unmarried men to change their nationality? |
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Does the law provide married women with the same rights as married men to retain their nationality? |
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Does the law provide unmarried women with the same rights as unmarried men to retain their nationality? |
|
Does the law provide married women with the same rights as married men to confer nationality on their spouse? |
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Does the law provide married women with the same rights as married men to confer nationality on their children? |
|
Does the law provide unmarried women with the same rights as unmarried men to confer nationality on their children? |
|
Regarding women’s nationality rights, does the law apply to all groups of women? |
|
De facto |
Are there discriminatory customary, religious or traditional practices or laws that discriminate against women’s legal rights to acquire, change or retain their nationality? |
Are there discriminatory customary, religious or traditional practices or laws that discriminate against women’s legal rights to confer nationality on their spouse and/or children? |
|
Freedom of movement |
|
Legal framework |
Does the law provide married women with the same rights as married men to apply for identity cards? |
Does the law provide unmarried women with the same rights as unmarried men to apply for identity cards? |
|
Does the law provide married women with the same rights as married men to apply for passports? |
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Does the law provide unmarried women with the same rights as unmarried men to apply for passports? |
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Regarding identity cards and/or passports, does the law apply to all groups of women? |
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Does the law provide married women with the same rights as married men to travel outside the country? |
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Does the law provide unmarried women with the same rights as unmarried men to travel outside the country? |
|
De facto |
Are there customary, religious or traditional practices or laws that discriminate against women’s rights to apply for identity cards or passports? |
Political voice |
|
Legal framework |
Does the law provide married women with the same rights as married men to vote? |
Does the law provide unmarried women with the same rights as unmarried men to vote? |
|
Does the law provide women with the same rights as men to hold public and political office in the: a. Legislature? b. Executive? |
|
Enforcement, monitoring and promotion |
Do legal quotas exist to promote women’s political participation at the national level? |
Do legal quotas exist to promote women’s political participation at the local level? For the respective country, please define local level. |
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Does the law provide for special measures other than quotas to promote women’s political participation at the national level? |
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Does the law provide for special measures other than quotas to promote women’s political participation at the local level? For the respective country, please define local level. |
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Are there incentives for political parties to include women on candidate lists for national elections? |
|
Are there incentives for political parties to include women on candidate lists for local elections? |
|
De facto |
Are there customary, religious or traditional practices or laws that discriminate against women’s legal right to vote? |
Are there customary, religious or traditional practices or laws that discriminate against women’s legal right to hold public office? |
|
Access to justice |
|
Legal framework |
Does the law provide women with the same rights as men to hold public and political office in the judiciary? |
Does the law provide married women with the same rights as married men to sue? |
|
Does the law provide unmarried women with the same rights as unmarried men to sue? |
|
Does a married woman’s testimony carry the same evidentiary weight in court as a married man’s in all types of court cases such as: a. Civil b. Criminal c. Family court d. Tribunal |
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Does an unmarried woman’s testimony carry the same evidentiary weight in court as an unmarried man’s in all types of court cases such as: a. Civil b. Criminal c. Family court d. Tribunal |
|
De facto |
Are there customary, religious or traditional practices or laws that discriminate against women’s legal right to sue? |
Does a woman’s testimony carry the same evidentiary weight in customary/religious courts/tribunals as that of a man? |
|
Are there customary, religious or traditional practices or laws that discriminate against women in terms of providing testimony in court? |
|
Are there customary, religious or traditional practices or laws that discriminate against women’s legal right to be judges, advocates or other court officers? |
Notes:
1 ActionAID (2013), Bangladesh Bureau of Statistics (2013), Cabo Verde National Institute of Statistics (2012), ECLAC (2010), ECLAC (2016), General Statistics Office of Viet Nam (2014-15), Instituto Nacional de Estadistica y Censos – Costa Rica, National Institute of Statistics of Rwanda (2013-14), National Statistics, Republic of China (Chinese Taipei) (2000), OECD SIGI Burkina Faso country study (2018), OXFAM (2017), République de Guinée (2002-03), Statistics Sierra Leone (2003-04), Timor-Leste Ministry of Finance (2007), Troisième enquête Camerounaise auprès des ménages, UNSD time use data portal (2016), Zimbabwe 2014 LFS.
2 ActionAID (2013), Bangladesh Bureau of Statistics (2013), Cabo Verde National Institute of Statistics (2012), ECLAC (2010), ECLAC (2016), General Statistics Office of Viet Nam (2014-15), Instituto Nacional de Estadistica y Censos – Costa Rica, National Institute of Statistics of Rwanda (2013-14), National Statistics, Republic of China (Chinese Taipei) (2000), OECD SIGI Burkina Faso country study (2018), OXFAM (2017), République de Guinée (2002-03), Statistics Sierra Leone (2003-04), Timor-Leste Ministry of Finance (2007), Troisième enquête Camerounaise auprès des ménages, UNSD time use data portal (2016), Zimbabwe 2014 LFS.
Source: OECD (n.d.), Social Institutions and Gender Index, www.genderindex.org.