of February 5, 2007 unitary enterprise No. 24
About approval of the Regulations on procedure for conducting gender examination of projects of regulatory legal acts and preparation of the corresponding conclusions
1. Approve the enclosed Regulations on procedure for conducting gender examination of projects of regulatory legal acts and preparation of the corresponding conclusions.
2. To the government of the Kyrgyz Republic, including the ministries, the state committees, administrative departments and other state bodies, and also local government bodies:
- take measures for conducting gender examination of projects of regulatory legal acts;
- bring the decisions into accord with this Decree.
3. To impose control of execution of this Decree on the secretariat of National council concerning women, families and to gender development in case of the President of the Kyrgyz Republic.
4. This Decree becomes effective from the date of publication.
President of the Kyrgyz Republic
Approved by the Presidential decree of the Kyrgyz Republic of February 5, 2007 No. 24
This Provision establishes procedure for conducting gender examination of projects of regulatory legal acts, and also requirements imposed in case of its carrying out.
Gender expertize of projects of regulatory legal acts is carried out by direct developers of regulatory legal acts.
Gender expertize is carried out for the purpose of studying and identification of the facts of violation of gender equality in the legislation, other regulatory legal acts of the Kyrgyz Republic, and also the state, regional and local programs concerning gender equality.
The projects of regulatory legal acts regulating the relations in all spheres of activity of the person for the purpose of exception of possible imbalance in case of settlement of the rights, obligations, opportunities and responsibility of persons shall be subjected to gender examination, irrespective of sex.
The purposes of gender examination are:
- monitoring of projects of regulatory legal acts for determination of their compliance to the gender legislation;
- project evaluation of regulatory legal acts on respect in them for equal rights, obligations, responsibility, opportunities, equal partnership and equivalent results for men and women, non-admission of gender discrimination.
Tasks of gender examination are:
- establishment of the objective facts, circumstances and situations connected with condition of normative regulation in the gender sphere and providing justification and reliability of the made decisions;
- the analysis and assessment of possible consequences of adoption of projects of regulatory legal acts from the point of view of respect for human rights and gender equality, and also mechanisms of their guarantee, protection and providing in practice;
- explanation of the questions requiring special knowledge of area of gender examination.
The principles of gender examination include:
- obligation of conducting examination of the relations regulated by the project of regulatory legal acts;
- reliability, competence, justification, complexity, objectivity and independence;
- openness, publicity, transparency and legality;
- priority of public concerns over industry and corporate interests;
- need of achievement of balance of interests of the personality, society and state;
- non-admission (prevention) of possible adverse effects of provisions of projects of regulatory legal acts on the political, economic, social, ecological and other relations influencing the principles of gender equality;
- respect for the human rights providing possibility of free activity of person irrespective of sex;
- application in regulatory legal acts of the regulations directed to support of persons of one of floors in the most discrimination sphere of activity and not being according to provisions of the legislation and international treaties gender discrimination;
- the humane and fair attitude towards person, irrespective of sex.
The following requirements are imposed to gender examination of projects of regulatory legal acts:
- compatibility of projects of regulatory legal acts with the laws of the Kyrgyz Republic and their place in system of the legislation of the Kyrgyz Republic in the field of the gender relations;
- the analysis of condition of normative regulation in the sphere determined in the corresponding projects of regulatory legal acts, need and completeness of the specified project for settlement of the mentioned public relations with respect for gender equality;
- analysis of possible consequences of adoption of the project of regulatory legal act.
Gender examination of projects of regulatory legal acts includes the following events:
- carrying out the analysis of provisions of the project of regulatory legal acts and accompanying documents to them according to the list of the requirements to conducting examination containing in the Section IV of this provision;
- correlation of provisions of the project of regulatory legal acts with each of components of gender equality: equal rights, equal responsibility; equal opportunities, equal partnership. At the same time it is necessary to take into account regulations and the special measures directed to achievement of the actual equality in political, economic, employment and other social relationships, but which are not gender discrimination;
- determination by means of the gender analysis of the expected gender and social progress;
- check of correctness of semantic use the analyzed projects of regulatory legal acts of terms used in.
Gender project analysis of regulatory legal acts includes:
- the preliminary description of the sphere of regulation with allocation of those its provisions which acceptance will have various consequences for persons of different floor;
- determination of consequences of adoption of projects of regulatory legal acts and the analysis of "compatibility" of its separate provisions with the protected interests in the respective sphere of regulation;
- assessment of long-term consequences which can result from adoption of projects of regulatory legal acts;
- generalization and assessment of consequences of adoption of projects of regulatory legal acts, development of the corresponding recommendations.
During the gender analysis it is necessary to determine possibility of inclusion in projects of regulatory legal acts of the regulations establishing temporary special measures for support of persons of that from floors which is in discrimination provision in the sphere of the public relations regulated by the submitted document.
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