Considerable commitments to gender equality have been made by nations through international instruments and agreements. In 1945, the United Nations Charter afforded to women and men equal economic, social, cultural, political and civil rights. The Universal Declaration of Human Rights stipulates that human rights apply to all people equally, "without distinction of any kind such as race, color, sex, language…or any other status". The Convention for the Elimination of all forms of Discrimination against Women (CEDAW) was the first document to comprehensively address women's rights within political, cultural, economic, social and family spheres. Moreover, the Declaration on the Elimination of Violence against Women (DEVAW) set forth ways in which governments should act to prevent violence, and to protect and defend women's rights. DEVAW holds states responsible to "exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the state or by private persons".

Further commitments to gender equality were agreed to at the 1995 United Nations Fourth World Conference on Women (Beijing), in the Beijing Platform for Action and more recently in the Beijing + 5 Review - a renewal of commitments to examine challenges and good practices in implementing the Platform. The Platform sets out a comprehensive set of actions that can be taken to promote equality.

All governments are obliged to uphold the basic human rights of each individual on an equal basis. States must recognize the unique context in which women experience human rights and take all necessary steps to protect women from discrimination and abuse in both the private and public spheres. Historically, states have assumed responsibility for human rights violations only when state agents or officials were the perpetrators. However, women more often face abuse from non-state actors, such as their employers, partners, husbands, families and community members. Therefore, the state has an obligation to respect women's human rights through its direct action, agents and structures of law. The state has an obligation to protect women's human rights. As such, the state must take affirmative steps to prevent direct and indirect discrimination against women. Women must be fairly represented in government and have legal access to all forms of employment. The state is also required to fulfill the human rights of women by ensuring opportunities for individuals to obtain what they need and to provide that which cannot be secured by personal efforts.

Analysis provided by: Maggie Smieszek, Legal Expert.