The General Assembly of the European Women Lawyers Association, held from 6 - 8 June 2003 in Helsinki, Finland, has adopted the following Resolution regarding the European Immigration, Asylum and Refugee Legislation and Gender Mainstreaming
Gender discrimination is structural; it affects half of the population and not only a minority of people. Women very often face forms of double or multiple discrimination, as women and, for example, on account of their ethnic origin, their religion or belief, their sexual orientation, their disability, their age.
EWLA requires that the current provision on gender mainstreaming in the ECT (Art. 3 (2)) must be kept in Part I of Constitution.
EWLA requires that gender mainstreaming must be implemented in the Common Immigration Policy by the following:
1. Providing for a permanent responsible person for gender mainstreaming with clearly defined responsibilities in each immigration, refugee and asylum instrument
2. Incorporating specialized gender staff in the implementation of immigration policies
These persons should be responsible for the elaboration and implementation of gender guidelines and follow up and also for ensuring effective coordination on gender issues between the different administrations.
Mandatory training on gender mainstreaming of all staff; code of conduct for all staff levels, and sanctions for violations;
3. Operational instruments should be promoted, used and carried out for all different topics of the Common Immigration Policy such as
3.1 Gender Impact Assessment of existing immigration, refugee and asylum policies to identify ways of enhancing gender equality in this field
3.2 Checks on the integration of gender issues
Most of the legislative proposals do not contain a comprehensive reference to gender or women issues (EWLA will present proposals of amendments to the draft texts at a later stage).
3.3 Follow-up indicators: Regular monitoring of the implementation of gender balanced policies (reports and action plans should include a specific chapter or specific reference to gender issues);
3.4. Collection of gender-specific statistics and data; improved documentation and sharing of lessons learned and good practices;.
3.5 Elaboration and implementation of Gender Guidelines for each immigration, asylum and refugee instrument under due and balanced participation of civil society and all stakeholders involved.
4. EWLA considers that NGOs have an essential role to play in promoting democracy based on respect for gender equality and stresses the importance of civil society and women's organizations, especially women´s migrant, refugee and asylum seekers organizations, in this process.
(1) See UNHCR Policy on Refugee Women and Guidelines on Their Protection: An Assessment of Ten Years of Implementation. An independent assessment by the Women’s Commission for Refugee Women and Children May 2002
(2) Note on Gender Indicators prepared by the Working Group on Gender Indicators of the Advisory Committee on Gender Equality DOC-EQOP 60-2001