Zbornik Radova Pravnog Fakulteta u Nišu (Jan 2014)
The importance of institutional mechanisms for exercising gender equality
Abstract
In the contemporary democratic societies, equality between men and women is one of the fundamental human rights as well as the key moral and legal value. In order to be exercised, this right must be legally recognized and efficiently exercised in all aspects of human life: political, economic, social and cultural. Experience has shown that an effective exercise of gender equality calls for integrating the gender perspective into all public policies, at all levels and in all decision-making processes. The necessary prerequisite is a proper institutional and legal framework. The institutional framework in the field of gender equality includes institutions operating within the legislative and the executive branch, as well as those involved in the protection of gender equality. The jurisdiction of the institutional mechanism within the legislative branch is defined in general terms and it does not reflect the multi-sectoral nature of activities covered by this operative body. The Gender Equality Council and the Gender Equality Agency, which were operative until the year 2014, differed in their composition and membership selection method, and they had different positions in the structure of executive authorities; the content and scope of their jurisdiction was not clearly defined, nor were they vested with sufficient and relevant powers. For that reason, it is essential to establish a new structure of institutional mechanisms within the executive branch as soon as possible. In that course, it should be ascertained that these institutions have direct communication with the government, and their competences have to be regulated adequately and precisely. In order to ensure that the normative and other measures and activities produce good results, it is necessary to provide and sustain an inter-sectoral approach to gender equality and create systemic presumptions and adequate procedures which will provide for utmost coordination and cooperation of all relevant state authorities. In addition, it is crucial to improve the capacity of independent bodies, to ascertain effective access to justice and to ensure a suitable quality and efficiency in the work of the judiciary.
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