GAT RECOMMENDATIONS ON CITIZENSHIP
1. Citizenship rights should be accessible on a non-discriminatory basis on all levels, including gender.
2. Measures to ensure that the experience of citizenship is based on equal opportunity for participation in all spheres of life must be ensured including the right of women to affirmative action for the purposes of redressing the imbalances created by history, tradition or custom.
ACCESS TO CITIZENSHIP
3. Citizenship rights should not be treated as a unitary bundle; transferability of rights between the two constituent states should be provided for and different categories of rights should be accessible in both constituent states on a non-exclusive basis (e.g. the granting of political rights in one constituent state should not exclude access to cultural rights in the other constituent state). The right of choice in exercising each of these rights should be recognised.
4. Provisions should be incorporated in the law to allow minors the ability to enjoy all rights in both constituent states.
5. Citizenship should not be presumed on ethno-national hetero-normative bases and should not be modelled on the performance of militant violence.
6. Discrimination at all levels (on the basis of ethnicity, race, class, age, sexuality, pregnancy, marital status, language, political belief or ideology, religion, culture, physical and mental ability, and place of birth) should be criminalized in both constituent states and at federal level and in both civil and military legislation.
7. The protection of women’s and children’s rights, and the rights of sexual minorities and the elderly, should be equally guaranteed in both constituent states as well as at the federal level.
8. Protection of minority rights in each constituent state (cultural, educational and social), should be guaranteed.
9. Appropriate monitoring mechanisms should be set up to scrutinize violations of anti-discrimination legislation in the mass media, and any other public information mechanisms (including parliamentary debates and speeches).
GENDER MAINSTREAMING AND INSTITUTIONS
10. Gender mainstreaming should be prioritised at all levels and mechanisms should be set up to ensure it is actively pursued.
11. Institutions pertaining to social and economic rights (e.g. ombudsperson offices, trade unions, equality bodies, monitoring bodies, etc) should ensure equality of protection in both constituent states.
12. These institutions pertaining to equality should be staffed by professionals with expertise on intersectional gender issues and provisions for on-going training should be included in the law.
13. All levels of education in both constituent states should include gender awareness, reproductive health issues, and cultural pluralism, including the institutionalization of both languages in the educational system, and the purging of discriminatory language and incitement to hatred references.
14. Health protection should include women’s health and should be guaranteed for women in poverty.
15. Provisions in the law should ensure everyone’s protection from all forms of gender-based violence.
16. Civil law should include gender-sensitive provisions in matters of marriage, divorce, and custody legislation and in legislation pertaining to reproductive rights in both constituent states.
17. Domestic violence (including marital rape and physical and mental assault) should be combated at both the constituent state and federal levels through effective cooperation of the police and justice system.
18. Equal parental responsibility should be stipulated in both constituent states and at the federal levels.
19. Civil partnerships should be recognised in both constituent states.
20. Protection of vulnerable groups of non-citizens should be guaranteed, including refugees, torture victims, and victims of trafficking.
21. Women’s rights should not be suspended under emergency or exceptional legislation.