Gender Equality Act 2019 (P.L. 2019-116)

§701. Short title. .............................................................................................................................. 3

§702. Interpretation. ....................................................................................................................... 3

§703. Purpose of the Act. ............................................................................................................... 7

§704. Scope and objectives of the Act. ......................................................................................... 7

§705. Application of the Act.......................................................................................................... 9

§706. Prohibition of gender discrimination. ............................................................................... 9 PART II – HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS TO GUARANTEE GENDER EQUALITYAND NON- DISCRIMINATION 10

§707. Guarantees for gender equality. ....................................................................................... 10

§708. Special measures................................................................................................................. 10

§709. Stereotypes and harmful practices. .................................................................................. 11

§710. Violence against women and girls. .................................................................................. 11

§711. Access to justice. ................................................................................................................. 13

§712. Participation in political and public life. ......................................................................... 14

§713. Education. ............................................................................................................................ 14

§714. Employment. ....................................................................................................................... 16

§715. Health. .................................................................................................................................. 17

§716. Economic empowerment of women. ............................................................................... 18

§717. Environment, climate change and natural disasters. .................................................... 18

§ 718. Women and girls with disabilities. .................................................................................. 19

§ 719. Marriage and family relations. ......................................................................................... 19 l Page1 Index26MIRCCh.7 Gender Equality Act, 2019 PART III – FUNCTIONS AND POWERS TO PROMOTE GENDER EQUALITY 19

§720. Obligations of the Nitijela. ................................................................................................ 19

§721. General obligations of Government. ............................................................................... 20

§722. Functions of the Minister. ................................................................................................. 21 PART IV – ADMINISTRATION AND IMPLEMENTATION 21

§723. Administration and implementation of this Act. .......................................................... 21

§724. Functions of the Secretary................................................................................................. 22

§725. Statistics and data. ............................................................................................................. 22

§726. Gender mainstreaming and gender responsive budgeting. ........................................ 23 PART V - ENFORCEMENT OF RIGHTS 24

§727. Right to complain to the Committee. .............................................................................. 24

§728. Committee investigation where no complaint. ............................................................. 24 PART VI – OFFENSES AND PROCEEDINGS 24

§729. Gender discrimination offence. ........................................................................................ 25

§730. Penalties. ............................................................................................................................. 25

§731. Offenses by corporate bodies. .......................................................................................... 25

§732. Discipline of public officers. ............................................................................................. 26

§733. Civil remedies..................................................................................................................... 26

§734. Assessment of damages .................................................................................................... 26

§735. Severability of contracts. ................................................................................................... 27 PART VII – MISCELLANEOUS 27

§736. Regulations. ........................................................................................................................ 27

§737. Severability. ........................................................................................................................ 27

§738. Effective date. ..................................................................................................................... 28 Page2 r Gender Equality Act, 2019 26MIRCCh.7§701 1 TITLE 26 - FAMILY 2 CHAPTER 7 - GENDER EQUALITY ACT, 2019 3 s Republic of the Marshall Islands 4 Jepilpilin Ke Ejukaan GENDER EQUALITY ACT, 2019 5 AN ACT to create a new Chapter under Title 26 of the MIRC to recognize, protect, 6 promote and enforce the human rights and fundamental freedoms of all women and 7 girls, on an equal basis with men and boys, and to further implement the legal 8 obligations of the Marshall Islands as a State Party to the Convention on the 9 Elimination of All Forms of Discrimination against Women; and to make related 10 provisions. 11 Commencement: October 1, 2019 12 Source: P.L. 2019-116 13 §701. Short title. 14 This Act may be cited as the Gender Equality Act, 2019. 15 §702. Interpretation. 16 In this Act, unless the context otherwise requires – 17 “Committee” means the Human Rights Committee established by the 18 Human Rights Committee Act 2015; 19 “communication” includes accessible information and communication 20 technology; 21 “Constitution” means the Constitution of the Republic of the Marshall 22 Islands; 23 “Convention” means the Convention on the Elimination of All Forms of 24 Discrimination against Women as adopted by the United Nations on 25 18 December 1979 and entering into force on 3 September 1981, and l Page3 26MIRCCh.7§702 Gender Equality Act, 2019 1 to which the Republic of the Marshall Islands acceded on 2 March 2 2006; 3 “Convention Committee” means the Committee on the Elimination of 4 Discrimination against Women established under the Convention; 5 “Court” means the High Court; 6 “courts” include the High Court; 7 “direct discrimination” means any act, law, practice or measure that 8 purposefully treats a person unequally or purposefully restricts a 9 person from the exercise, enjoyment or fulfillment of any human 10 right or fundamental freedom; 11 “disability” includes a long-term physical, mental, intellectual or sensory 12 impairment which, in interaction with various attitudinal and 13 environmental barriers, may hinder full and effective participation of 14 a person in society on an equal basis with others; 15 “domestic violence “is an offense defined in accordance with Section 904 of 16 the Domestic Violence Prevention and Protection Act, 2011; 17 “formal equality” means equality of treatment under the law including the 18 absence of discrimination, as distinguished from substantive equality; 19 “gender” means the socially determined status, roles, and responsibilities 20 attributed to men and women on the basis of their sex in any given 21 society; 22 “gender discrimination”: 23 (a) means any distinction, exclusion or restriction on the basis of 24 sex, which has the effect or purpose of impairing or nullifying 25 the recognition, enjoyment or exercise by women, irrespective 26 of their marital status, on a basis of equality of men and 27 women, of human rights and fundamental freedoms in any 28 area ; 29 (b) may be indirect or direct, and committed in either the public or 30 private sphere, including by a public authority, organization, 31 enterprise, or private individual; and 32 (c) includes multiple and intersectional discrimination. 33 “gender equality” means both formal equality and substantive equality and 34 includes the absence of gender discrimination; Page4 r Gender Equality Act, 2019 26MIRCCh.7§702 1 “gender mainstreaming”: 2 (a) means a strategy for integrating the concerns, needs, and experiences 3 of women as well as men into the design, implementation, 4 monitoring and evaluation of legislation, policies and programs in all 5 areas and at all levels, to ensure that women and men benefit equally; 6 and 7 8 (b) includes the process of assessing the implications for women and 9 men of any planned action, including legislation, policies or 10 programs in all areas and at all levels; 11 “gender quota” means a minimum measure of representation of women in 12 a decision-making body; 13 “gender stereotypes” means a generalized view or assumption about the 14 respective attributes or characteristics of men and women, including 15 the roles and responsibilities they are prescribed within the family 16 and in society at large; 17 “indirect discrimination” means any act, law, practice or measure that 18 appears to be neutral but which has a detrimental affect; 19 “intersectional discrimination” means discrimination against a person on 20 several grounds which interact concurrently and which are based on 21 the multiple identities of women including age, ethnicity, disability, 22 marital status, HIV or health status, migrant status, religion, sexual 23 orientation or gender identity; 24 “Minister” means the Minister responsible for women and gender; 25 “Ministry” means the Ministry responsible for women and gender; 26 “multiple discrimination” means discrimination against a person on 27 several grounds which apply at different times or in different 28 circumstances and which are based on the multiple identities of 29 women including age, ethnicity, disability, marital status, HIV or 30 health status, migrant status, religion, sexual orientation or gender 31 identity; 32 “multiple identities” means the multiple identities of women including age, 33 ethnicity, disability, marital status, HIV or health status, migrant 34 status, religion, sexual orientation or gender identity, which may be a 35 basis for multiple or intersectional discrimination; l Page5 26MIRCCh.7§702 Gender Equality Act, 2019 1 “persons with disabilities” include persons who have long-term physical, 2 mental, intellectual or sensory impairments which, in interaction with 3 various barriers, may hinder their full and effective participation in 4 society on an equal basis with others; 5 “relevant organization” means an organization that – 6 (a) represents the interests of women and girls; 7 (b) provides services to women and girls; 8 (c) is engaged in advocacy to promote gender equality or the 9 empowerment of women and girls; or 10 (d) provides training or education to the public in matters relating 11 to gender equality; 12 “Secretary” means the Secretary of the Ministry responsible for women and 13 gender; 14 “sex” means the physical and biological characteristics that distinguish 15 females and males; 16 “sexual harassment” means an unwelcome sexual advance made in verbal, 17 physical and/or other forms, intimidation, threat and/or other form of 18 coercion or pressure that makes intimate sexual relations unavoidable 19 for the victim or that creates an unbearable hostile environment 20 and/or causes damage in terms of the person’s employment, 21 professional, economic, psychological and/or any other aspect of their 22 well-being; 23 “special measures”: 24 (a) mean targeted measures designed to achieve substantive 25 equality for women in all areas where they are historically 26 underrepresented or disadvantaged; 27 (b) include positive action, preferential treatment, and gender 28 quotas; 29 (c) with the exception of measures relating to maternity rights, are 30 temporary and shall be discontinued once the objective of 31 substantive equality for women has been achieved and 32 sustained over a reasonable period of time; 33 (d) shall not be considered as gender discrimination; Page6 r Gender Equality Act, 2019 26MIRCCh.7§703 1 “substantive equality” means de facto equality or equality of results or 2 impact, as distinguished from formal equality or equality under the 3 law; 4 “Universal Declaration of Human Rights” means the first declaration 5 about the rights and freedoms of the individual as adopted by the 6 United Nations General Assembly in December 1948; 7 “vulnerable women” include pregnant women, including adolescent 8 pregnant women, single mothers, adolescent or young mothers, 9 female heads of households, women with disabilities, older women, 10 and rural and outer island women. 11 §703. Purpose of the Act. 12 (1) The purpose of this Act is to – 13 (a) recognize, protect, promote, and enforce the full and equal 14 enjoyment of all human rights and fundamental freedoms by 15 all women and girls, on an equal basis with men and boys, 16 thereby promoting gender equality and non-discrimination; 17 18 (b) further implement the legal obligations of the Marshall Islands 19 as a State Party to the Convention; 20 (c) adopt and implement a legal framework that: 21 (i) establishes gender equality in the political, economic, 22 social, domestic, and any other sphere; 23 (ii) incorporates the Convention into domestic policy and 24 legislation; 25 (iii) recognizes and upholds all human rights and 26 obligations related to women and girls in all their 27 diversities under the Universal Declaration of Human 28 Rights and other international human rights 29 instruments; and 30 (iv) promotes gender mainstreaming in all sectors and at all 31 levels. 32 §704. Scope and objectives of the Act. 33 (1) This Act – l Page7 26MIRCCh.7§704 Gender Equality Act, 2019 1 (a) recognizes that – 2 (i) all women are entitled to substantive equality in all 3 areas of their lives, on an equal basis with men; and 4 (ii) gender discrimination is a violation of human rights; 5 (b) seeks to extend to all women, regardless of their sex, gender or 6 any other of their multiple identities, full protection of their 7 human rights and fundamental freedoms; 8 (c) recognizes the valuable contribution of women as equal 9 partners to the development of the Marshall Islands, and 10 therefore their right: 11 (i) to be consulted and actively involved in all decision- 12 making processes, policies, planning, and 13 programming; and 14 (ii) to be equally represented on all decision-making 15 bodies; 16 (d) supports there distribution of responsibilities between men 17 and women, particularly in the home, to enable women to 18 participate in all areas of economic, social and political life on 19 an equal basis with men; and 20 (e) recognizes the importance of allocating adequate human, 21 financial and technical resources to realize the commitments 22 under this Act. 23 (2) In giving effect to this Act, and all other relevant legislation, the 24 Government, the courts and all other persons and bodies must have 25 regard to – 26 (a) the purpose and principles of the Convention; 27 (b) all interpretative guidelines, statements, general 28 recommendations, and jurisprudence of the Convention 29 Committee; and 30 (c) all other relevant international human rights standards and 31 principles. 32 (3) This Act must be read and applied so as to achieve in the Marshall 33 Islands the following strategic objectives – 34 (a) enhanced and effective participation of women as equal 35 partners in national and local development; Page8 r Gender Equality Act, 2019 26MIRCCh.7§705 1 (b) gender inclusive and gender responsive development as part 2 of a rights-based approach to development and poverty 3 reduction; 4 (c) effective collaboration and coordination with development 5 partners; 6 (d) improved gender statistics, including sex-disaggregated data, 7 in all areas of women’s lives; and 8 (e) effective mainstreaming of gender equality across all policies, 9 planning, programming and budgets at all levels and in all 10 sectors. 11 §705. Application of the Act. 12 (1) This Act binds every person in the Marshall Islands, irrespective of 13 the person’s nationality or citizenship. 14 (2) This Act binds the State, civil society and the private sector, including 15 every Government department, local Government, statutory 16 authority, and person in the employment of national or local 17 Government. 18 (3) Any law that is inconsistent with the provisions of this Act shall be 19 declared invalid to the extent of the inconsistency. 20 §706. Prohibition of gender discrimination. 21 (1) Gender discrimination, whether direct or indirect discrimination, is 22 prohibited in all areas, in particular in the political, legal, economic, 23 employment, social and domestic spheres, and by any person, State 24 entity, enterprise or organization. 25 (2) Gender discrimination under subsection (1) includes multiple and 26 intersectional discrimination. 27 (3) Violence against women and girls, including sexual harassment, 28 constitutes gender discrimination. 29 (4) The following do not constitute gender discrimination: 30 (a) provision of health, educational and other services designed to 31 cater for the specific needs of men and women; 32 (b) special measures under this Act including Section 708; or l Page9 26MIRCCh.7§707 Gender Equality Act, 2019 1 (c) any distinction, exclusion or preference in respect of a 2 particular job based on the inherent requirements of the job. 3 PART II – HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS 4 TO GUARANTEE GENDER EQUALITYAND NON- 5 DISCRIMINATION 6 §707. Guarantees for gender equality. 7 (1) The Government must ensure substantive equality for women in all 8 areas of political, economic and social life, including education, 9 marriage, family life, employment, vocational training, public or 10 political office, health, social protection, and information. 11 §708. Special measures. 12 (1) The Government must collect sex-disaggregated data and 13 information in all areas and identify any areas where there is 14 inequality, underrepresentation or disadvantage for women; 15 (2) Where there is evidence of inequality, underrepresentation or 16 disadvantage for women under subsection (1), the Government, 17 private sector and civil society organizations must consider the 18 adoption of policies, legislation or programs, including special 19 measures, aimed at achieving or accelerating substantive equality for 20 women. 21 (3) In particular, special measures may be implemented for the purpose 22 of: 23 (a) achieving gender equality in the labor market, including 24 through eliminating occupational segregation, wage 25 disparities, and gender disparities in the composition of the 26 workforce, and protecting the maternity rights of women; 27 (b) addressing gender inequalities in education at all levels, 28 including through the provision of scholarships and support 29 to pregnant students and young mothers; or 30 (c) promoting substantive gender equality in all other 31 development sectors. Page10 r Gender Equality Act, 2019 26MIRCCh.7§709 1 (4) The Ministry must provide for officials and policymakers, at all levels 2 of Government, capacity-building on: 3 (a) gender equality; 4 (b) gender mainstreaming; and 5 (c) special measures for achieving substantive gender equality. 6 §709. Stereotypes and harmful practices. 7 (1) The Ministry must: 8 (a) adopt measures to eliminate gender stereotypes, prejudice, 9 and harmful practices relating to women, including those 10 aggravated by age, disability and any other form of multiple 11 or intersectional discrimination; 12 (b) strengthen public education and provide training, particularly 13 in rural areas and the outer islands, on the negative impacts of 14 gender stereotypes, and promote public awareness about the 15 Convention and gender equality; 16 (c) ensure that educational and training institutions at all levels, 17 including educational curricula, textbooks and learning 18 materials, do not promote gender stereotypes; 19 (d) encourage the media to: 20 (i) project positive images of women including older 21 women and women and girls with disabilities; and 22 (ii) promote the value of gender equality for society as a 23 whole; and 24 (e) monitor and evaluate the measures taken under this Section in 25 order to assess their impact. 26 §710. Violence against women and girls. 27 (1) Any form of violence against women and girls in the domestic or 28 public sphere is prohibited without exception. 29 (2) Violence against women and girls includes: 30 (a) any form, or threat, of assault, abuse, intimidation, 31 exploitation or other harm, whether physical, sexual, 32 psychological, emotional, or economic, and whether occurring l Page11 26MIRCCh.7§710 Gender Equality Act, 2019 1 within the family or in the community, including in any 2 educational institution, workplace, or any other public place; 3 (b) domestic violence as defined in Section 2; and 4 (c) sexual harassment as defined in Section 2. 5 (3) No legal defense of justifiable force or any other defense that 6 infringes on the rights of women and girls under this Act is 7 permitted. 8 (4) The Ministry, in collaboration with the Public Service Commission, 9 the Public Schools System, and other relevant stakeholders, must: 10 (a) establish and implement comprehensive first response 11 protocols, including emergency treatment, reporting 12 obligations, and sanctions; 13 (b) develop and implement a training program for health 14 professionals to ensure they understand their responsibilities 15 as first responders and are able to provide appropriate 16 treatment, care and referrals for any woman or girl who is the 17 victim of violence, including domestic violence; 18 (c) integrate content on gender equality and non-discrimination 19 into curricula at all levels of education, both public and 20 private, from early childhood onwards; 21 (d) raise awareness in the community, including through 22 educational and media campaigns, on the criminal nature of 23 all forms of violence against women and girls; 24 (e) target both men and women in any awareness campaign 25 under paragraph (d), in order to counter the social acceptance 26 of violence against women and girls, and to encourage 27 reporting of any violation of rights; 28 (f) establish an efficient and reliable system of data collection on 29 violence against women and girls, including domestic 30 violence, disaggregated by sex, age, disability, ethnicity, and 31 relationship between the victim and perpetrator; and 32 (g) ensure that women and girls who are victims of violence, 33 including those living in rural areas and the outer islands, 34 have access to adequate support including shelters, legal aid 35 and rehabilitation services. Page12 r Gender Equality Act, 2019 26MIRCCh.7§711 1 §711. Access to justice. 2 (1) The Government must: 3 (a) provide women with affordable, accessible and timely 4 remedies for any violation of rights under this Act; and 5 (b) ensure that the judicial system is sufficiently robust to deliver 6 services throughout the Marshall Islands, including rural areas 7 and the outer islands, through the allocation of sufficient 8 human, technical and financial resources. 9 (2) The Government must promote impartiality and fairness in the 10 justice system in particular in cases of sexual offences and violence 11 against women by: 12 (a) actively discouraging gender stereotypes that promote gender 13 bias and discrimination; and 14 (b) establishing a program of gender-sensitive training for judicial 15 and law enforcement officers and other public officials, 16 including on all rights under the Convention and all forms of 17 discrimination, including multiple or intersectional 18 discrimination. 19 20 (3) The Government must consider the adoption of special measures to 21 address the under-representation of women in the judiciary. 22 (4) The Government may: 23 (a) provide vulnerable women with: 24 (i) legal aid services; 25 (ii) exemption from court fees; 26 (iii) counseling services; and 27 (iv) transport subsidies for court attendance and to access 28 the legal aid and counseling services under (i) and (iii); 29 and 30 (b) ensure that legal proceedings are held privately in whole or in 31 part, and that testimony can be given remotely, as may be 32 necessary to protect the safety, privacy and human rights of 33 women who are party to any proceedings. l Page13 26MIRCCh.7§712 Gender Equality Act, 2019 1 §712. Participation in political and public life. 2 (1) Women are entitled to participate in all areas of political and public 3 life on an equal basis with men. 4 (2) Any act of exclusion, restriction or discrimination against women in 5 respect of the following is prohibited: 6 (a) the right to participate in the political process, including the 7 right to vote, stand for election, or occupy any political office, 8 whether at national or local Government level; 9 (b) the right to join and participate in any activities of a political 10 party, labor union or other organization of choice; 11 (c) the right to be a member of, or occupy any position of 12 seniority, management or leadership in, a political party, civil 13 society or community organization, church institution or 14 group, local Government, or private sector body; and 15 (d) the right to be a member of, or occupy any position of 16 seniority, management or leadership in, the civil service and 17 labor market, including any board, committee, task force, or 18 State-owned enterprise. 19 (3) The Government may consider the adoption of special measures to 20 address the under-representation of women in decision-making in 21 the Nitijela, local councils, boards, committees, taskforces, and State- 22 owned enterprises. 23 (4) The Ministry must, in collaboration with relevant stakeholders, 24 conduct awareness-raising activities among political leaders, 25 community leaders, civil servants, the media, private sector, and the 26 general public on the importance and benefits of women 27 participating in political life and decision-making. 28 (5) The Government may build the capacity of women electoral 29 candidates, including by seeking technical assistance from 30 international development partners. 31 §713. Education. 32 (1) Women and girls have an equal right to education. 33 (2) Women and girls, including women and girls with disabilities, must 34 have equal opportunities to: Page14 r Gender Equality Act, 2019 26MIRCCh.7§713 1 (a) obtain preschool, primary, secondary, vocational, and higher 2 education, including equal access to all subjects; 3 (b) access professional training and re-training; and 4 (c) be awarded scholarships. 5 (3) An educational or training institution, excluding private institution, 6 must not refuse enrolment, restrict or refuse training, or deny any 7 other educational or training opportunity to a person on the basis of 8 sex, gender, or any of the multiple identities of women, including 9 suspending or expelling a female student on the grounds of 10 pregnancy, breastfeeding, marital or maternity status. 11 (4) Educational and training institutions must: 12 (a) promote gender equality, human rights, and positive gender 13 roles; 14 (b) apply a strict no-tolerance policy on sexual harassment, and 15 protect the right of women and girls to be treated with respect 16 and dignity; 17 (c) ensure that the working and learning environment is free from 18 gender discrimination, and all textbooks and learning 19 materials are without any content that perpetuates gender 20 stereotypes; 21 (d) ensure that women and girls are able to freely choose their 22 course of study and career, on an equal basis with men and 23 boys; 24 (e) encourage women and girls to study non-traditional subjects 25 including science, technology, mathematics, and engineering; 26 (f) provide age-appropriate education on sexuality and 27 reproductive health and rights, and incorporate traditional 28 knowledge, including the traditional knowledge of women, in 29 school curricula; 30 (g) administer mandatory gender awareness training for teaching 31 staff and students at all levels; 32 (h) actively seek ways to remove gender disparities in education 33 where they exist, including by special measures; and 34 (i) promote inclusive education, as provided for under the Rights 35 of Persons with Disabilities Act, 2015. l Page15 26MIRCCh.7§714 Gender Equality Act, 2019 1 (5) Educational and training institutions may ensure that female 2 students who become pregnant or are young mothers are given 3 support to continue and complete their education or training, 4 including through special measures. 5 (6) Special measures under subsection (5) comprise targeted support to 6 safeguard the health and welfare of mother and child and may 7 include: 8 (a) prenatal and postnatal checkups during school hours; 9 (b) free school lunches for pregnant and breastfeeding mothers; 10 (c) breastfeeding and child care facilities within the educational 11 compound; and 12 (d) adjustment of rules relating to homework, examinations, sport, 13 or other activities, as may be required. 14 §714. Employment. 15 (1) Gender discrimination is prohibited in any area or aspect of 16 employment, including the following: 17 (a) recruitment and hiring, wages and salaries, conditions of 18 employment, benefits, training opportunities, promotion, 19 retirement, retrenchment, termination, or any other relevant 20 area; and 21 (b) occupational segregation or any restriction on female 22 employment in a particular sector, industry, trade or 23 occupation. 24 (2) Women are entitled to maternity protection as a fundamental human 25 right. 26 (3) The Government must establish in both the public and private sectors 27 a system of paid maternity leave consistent with international labor 28 standards. 29 (4) Every employer in the public and private sector must: 30 (a) adopt and implement a gender policy aimed at ensuring non- 31 discrimination and gender equality in the workplace; 32 (b) adopt and implement a zero-tolerance policy on workplace 33 harassment and bullying, including sexual harassment, 34 supported by a confidential complaints mechanism, Page16 r Gender Equality Act, 2019 26MIRCCh.7§715 1 disciplinary sanctions, staff training, and an information and 2 communication strategy; 3 (c) actively seek ways to remove gender disparities in the 4 composition of the workforce and promote gender balance, 5 including by special measures; 6 (d) apply the principle of equal pay for work of equal value in line 7 with international labor standards; 8 (e) protect pregnant women from types of work likely to be 9 harmful to them during pregnancy; and 10 (f) provide support to mothers in the workplace including 11 breastfeeding and child care facilities, and nursing breaks. 12 §715. Health. 13 (1) The Government must provide women, including pregnant women 14 and mothers, affordable and quality health care including sexual and 15 reproductive health information and services. 16 (2) Any form of gender discrimination in health care services is 17 prohibited. 18 (3) The Government must: 19 (a) establish appropriate health services for women; 20 (b) develop a comprehensive national strategy to promote 21 women’s health, recognizing the importance of women’s 22 traditional knowledge and medicine; 23 (c) make adequate human and administrative resources and 24 budgetary provision for service delivery under paragraph (a), 25 including in rural areas and the outer islands; 26 (d) integrate a gender perspective into all policies and programs 27 affecting women’s health; and 28 (e) involve representative organizations of women and other 29 relevant organizations in the planning, implementation and 30 monitoring of all activities under (a) - (d). 31 (4) The Government must ensure that all health services are consistent 32 with the human rights of women, including their rights to autonomy, 33 privacy, confidentiality, informed consent, and choice, and no 34 woman, including any woman with disability, must be subject to any l Page17 26MIRCCh.7§717 Gender Equality Act, 2019 1 forced or non-consensual treatment or procedure including forced 2 sterilization. 3 §716. Economic empowerment of women. 4 (1) Women are entitled, on an equal basis with men, to: 5 (a) establish an economic enterprise; 6 (b) engage in any economic activity; 7 (c) access markets; 8 (d) access loans, grants, mortgages, credit or any other financial 9 services, including from a commercial or development bank; 10 and 11 (d) access social protection. 12 (2) The Government must promote women’s economic empowerment 13 including through financial services such as credit schemes and 14 financial literacy training, social protection and other support or 15 special measures, especially for women in the informal economy and 16 in the rural areas and outer islands. 17 §717. Environment, climate change and natural disasters. 18 (1) The Government must ensure: 19 (a) equal opportunities for women to participate and engage in 20 the design, development, implementation, and monitoring of 21 all activities relating to disaster risk management and climate 22 change; 23 (b) the inclusion of a gender perspective in all policies, legislation, 24 plans, programs and budgets under paragraph (a); 25 (c) equal access of women to climate finance; 26 (d) equal opportunities for women to access training on climate 27 change mitigation and adaptation; and 28 (e) equal participation of women in international climate dialogue 29 and negotiations. 30 (2) The Government must collect information and data on the gendered 31 impacts of natural disasters and climate change, and use the 32 information and data to inform gender-responsive legislation, Page18 r Gender Equality Act, 2019 26MIRCCh.7§720 1 policies, programs and budgets to improve disaster risk management 2 and climate resilience. 3 § 718. Women and girls with disabilities. 4 (1) Women and girls with disabilities are entitled to gender equality and 5 non-discrimination on an equal basis with other women. 6 (2) The Ministry must adopt appropriate measures to ensure the full and 7 equal enjoyment of all human rights and fundamental freedoms by 8 women and girls with disabilities, as provided for under the Rights of 9 Persons with Disabilities Act, 2015. 10 § 719. Marriage and family relations. 11 (1) The legal age for marriage for both men and women is 18 years. 12 (2) Women are entitled to marry on an equal basis with men including 13 choosing their own partner and entering marriage on the basis of free 14 and full consent. 15 (3) It is prohibited under any circumstances for a person to force or 16 pressure a woman or girl to enter marriage. 17 (4) Marriage is only permissible with one partner to the exclusion of all 18 others and every marriage must be registered in accordance with the 19 Births, Deaths and Marriages Act 1988. 20 (5) Women and men have equal rights and shared responsibilities in 21 marriage, including the equal right to decide on the number and 22 spacing of children, and the shared responsibility to provide and care 23 for any children, elderly parents, relatives, or other dependent family 24 members. 25 PART III – FUNCTIONS AND POWERS TO PROMOTE GENDER 26 EQUALITY 27 §720. Obligations of the Nitijela. 28 (1) The Nitijela must: 29 (a) ensure that legislation is consistent with a human rights-based 30 approach; l Page19 26MIRCCh.7§721 Gender Equality Act, 2019 1 (b) strengthen the legal framework to ensure compliance with the 2 principles and norms of gender equality established by this 3 law, other relevant laws, and international treaties to which 4 the Marshall Islands is a State Party; and 5 (c) approve funds sufficient for the achievement of objectives on 6 gender equality as adopted by this law, other relevant laws, 7 and international treaties to which the Marshall Islands is a 8 State Party. 9 §721. General obligations of Government. 10 (1) The Government must promote and ensure the full realization of 11 human rights and fundamental freedoms for all women and girls 12 without any discrimination. 13 (2) Without limiting the generality of subsection (1), the Government 14 must – 15 (a) refrain from engaging in any act or practice that is inconsistent 16 with the rights set out in Part II of this Act, and ensure that 17 public authorities and institutions, civil society, and private 18 agencies and individuals act in conformity with those rights; 19 (b) adopt and implement national strategies, policies and targets 20 to eliminate all forms of gender discrimination, and promote 21 gender equality; 22 (c) modify or abolish any legislation, regulation, or practice that 23 discriminates against women or is otherwise inconsistent with 24 the Convention; 25 (d) mainstream gender across all national and sectoral 26 development policies, planning and programs; 27 (e) introduce and maintain a gender responsive budgeting 28 system; 29 (f) appoint gender focal points in different agencies for effective 30 coordination, mainstreaming, and implementation of the 31 Convention and this Act; 32 (g) promote equality of opportunity and treatment for women; 33 (h) implement all laws on gender equality and ensure effective 34 enforcement; Page20 r Gender Equality Act, 2019 26MIRCCh.7§722 1 (i) ensure that instances of violence, abuse, control or punishment 2 of women are identified, investigated and, where appropriate, 3 prosecuted; 4 (j) adopt measures to prevent workplace gender discrimination in 5 the civil service, private sector and civil society; 6 (k) provide training on gender equality; 7 (l) publicize national information on gender equality and carry 8 out awareness raising activities; and 9 (m) routinely consult and coordinate with relevant civil society 10 organizations including representative organizations of 11 women. 12 §722. Functions of the Minister. 13 (1) The Minister must – 14 (a) ensure compliance with reporting obligations under the 15 Convention; 16 (b) report to the Nitijela – 17 (i) annually on Government’s fulfillment of its obligations 18 under this Act and the Convention; and 19 (ii) periodically, as may be required; 20 (c) perform any other functions assigned to the Minister under 21 this Act or any other Act. 22 PART IV – ADMINISTRATION AND IMPLEMENTATION 23 §723. Administration and implementation of this Act. 24 (1) The Ministry is responsible for the administration and 25 implementation of this Act. 26 (2) The Ministry is the focal point for matters relating to the 27 implementation of the Convention and this Act, including 28 coordinating implementation with other departments and agencies. 29 (3) The Secretary – l Page21 26MIRCCh.7§724 Gender Equality Act, 2019 1 (a) may delegate, in writing, any of his or her powers or duties to 2 a public officer in the Ministry with relevant qualifications and 3 experience; and 4 (b) must designate one or more public officers with relevant 5 qualifications and experience to coordinate the Ministry’s 6 responsibilities under this Act. 7 §724. Functions of the Secretary. 8 (1) The Secretary must – 9 (a) consult with other Ministries, local councils, representative 10 organizations of women, and other relevant organizations to 11 ensure the effective implementation of this Act; 12 (b) assist the Minister in the performance of the Minister’s 13 functions under this Act; 14 (c) keep records relating to gender equality matters as required by 15 this Act; 16 (d) report to the Minister and the Committee at least twice yearly; 17 and 18 (e) perform any other function ascribed to the Secretary under 19 this Act. 20 §725. Statistics and data. 21 (1) The Ministry must ensure the collection of appropriate information 22 and data to enable the Government to formulate and implement 23 policies to give effect to the Convention and this Act. 24 (2) Statistics and data collected must– 25 (a) cover all areas relevant to women’s lives including: 26 (i) poverty; 27 (ii) violence; 28 (iii) domestic, care giving, and subsistence responsibilities; 29 (iv) employment; 30 (v) climate change and natural disasters; and 31 (vi) access to health care, social protection, housing, and 32 social and economic benefits; Page22 r Gender Equality Act, 2019 26MIRCCh.7§726 1 (b) be disaggregated by sex, age, ethnicity, disability, geographical 2 location, socio-economic background, sexual orientation, 3 gender identity and any other status; 4 (c) be used to: 5 (i) assess the situation of women and determine the nature 6 and extent of discrimination, inequality, and violence 7 against women and girls; 8 (ii) measure and value the unremunerated domestic, care 9 giving, and subsistence responsibilities of women; 10 (iii) make visible the full extent of women’s work, and the 11 contributions they make to the national economy, 12 including within the informal economy and the 13 unremunerated domestic sector; 14 (iv) inform the development of all government policy and 15 guide targeted policy initiatives; 16 (v) support mainstreaming of gender equality across all 17 legislation, policies, planning and programming; 18 (vi) support monitoring and evaluation of progress towards 19 achieving gender equality; and 20 (vii) assess the impact and effectiveness of gender inclusive 21 policies and programming. 22 (3) In the collection of data, the Secretary must: 23 (a) collaborate with the Economic Planning Policy and Statistics 24 Office; and 25 (b) consult with civil society organizations including 26 representative organizations of women. 27 §726. Gender mainstreaming and gender responsive budgeting. 28 (1) The Government must adopt gender mainstreaming as a strategy to 29 promote gender equality and eliminate gender discrimination across 30 all government departments and agencies, at all levels, including in 31 all legislation, policies, planning, programming, and budgeting. 32 (2) The Government must establish and implement a policy of gender 33 responsive budgeting which shall be applied by all government l Page23 26MIRCCh.7§727 Gender Equality Act, 2019 1 departments and agencies, at all levels, to all policy making, planning 2 and programming. 3 (3) A training program must be developed to support implementation 4 and enhance understanding across Government of the principles and 5 processes for gender inclusion in the budgetary process. 6 (4) Gender responsive budgeting must consider the particular needs of 7 women subject to multiple or intersectional discrimination, as well 8 other vulnerable women. 9 PART V - ENFORCEMENT OF RIGHTS 10 §727. Right to complain to the Committee. 11 (1) Any person may make a complaint to the Committee through the 12 Ministry if the person reasonably believes that an act of gender 13 discrimination or any other violation of rights under this Act has 14 been committed. 15 (2) A complaint to the Committee must be dealt with in accordance with 16 Part IV of the Human Rights Committee Act 2015. 17 §728. Committee investigation where no complaint. 18 (1) The Committee may initiate an investigation in accordance with 19 Section 1216 of the Human Rights Committee Act 2015 where the 20 Committee reasonably believes – 21 (a) that a person or group of persons, including a government 22 department or any public officer, or a private sector 23 organization, has committed an act of gender discrimination or 24 any other violation of rights under this Act; and 25 (b) the act of discrimination or other act involves a significant 26 infringement of rights which raises an issue of public interest. 27 PART VI – OFFENSES AND PROCEEDINGS 28 OFFENCES Page24 r Gender Equality Act, 2019 26MIRCCh.7§729 1 §729. Gender discrimination offence. 2 (1) A person who commits an act of gender discrimination, or other 3 violation of rights under this Act, commits an offence. 4 (2) It is not a defense to a charge under this Section that the 5 discrimination or other unlawful act arose out of, or was consistent 6 with, any ethnic, religious or other identity or practice. 7 §730. Penalties. 8 (1) A person convicted of an offense under Section 29is liable to a fine 9 not exceeding $5,000, or to imprisonment for a term not exceeding 10 one year, or both. 11 (2) In the case of a second or subsequent offense, a person convicted of 12 an offense under Section 729is liable to a fine not exceeding $10,000, 13 or to imprisonment for a term not exceeding two years, or both. 14 (3) For any other offense under this Act for which a specific penalty is 15 not provided, the penalty is a fine not exceeding $5,000, or 16 imprisonment for a term not exceeding one year, or both. 17 §731. Offenses by corporate bodies. 18 (1) A corporate body that commits an offense under this Part is liable to 19 a maximum fine five times the maximum fine prescribed in Section 20 730. 21 (2) If a corporate body commits an offense against this Act, a director or 22 any other person concerned with the management of the body 23 corporate commits the same offense, unless the director or other 24 person proves that – 25 (a) the offense was committed without his or her consent or 26 complicity; and 27 (b) he or she exercised reasonable diligence to prevent the 28 commission of the offense, having regard to the nature of his 29 or her functions in the corporate body and to all the 30 circumstances. 31 32 l Page25 26MIRCCh.7§732 Gender Equality Act, 2019 1 OTHER PROCEEDINGS 2 §732. Discipline of public officers. 3 (1) If, in the course of duty, a public officer wilfully commits an act of 4 gender discrimination or other violation of rights under this Act, the 5 public officer must be disciplined in accordance with the Public 6 Service Commission Act 1979or the Public School System Act, 2013, as 7 appropriate. 8 (2) Subject to Section 733(3), subsection (1) does not affect any complaint 9 proceedings, prosecution, or other measure adopted against the 10 public officer under Part V or VI. 11 §733. Civil remedies. 12 (1) A person alleging gender discrimination or other violation of rights 13 under this Act may apply to the Court for redress by way of – 14 (a) injunctive relief; or 15 (b) an award of damages. 16 (2) This Section - 17 (a) is without prejudice to any other action with respect to the 18 same matter which is lawfully available to a person; and 19 (b) does not affect the right to claim damages for any other civil 20 wrong. 21 (3) Nothing in this Section entitles a person to bring an action for 22 damages against a government department, Minister or public officer 23 who performs their official duties in good faith. 24 25 DAMAGES 26 §734. Assessment of damages 27 (1) For the purpose of determining appropriate compensation in all civil, 28 criminal, administrative or other proceedings, the Court must take 29 full account of the unremunerated domestic, care giving and 30 subsistence responsibilities of women when assessing damages. Page26 r Gender Equality Act, 2019 26MIRCCh.7§735 1 §735. Severability of contracts. 2 (1) Any contract for employment or for the provision of goods, facilities 3 or services, or any other agreement, is void to the extent that it 4 purports to deny to a person, on the basis of sex, gender, or any of the 5 multiple identities of women, any right or privilege conferred by or 6 under this Act or in any other way limits the operation and effect of 7 this Act. 8 PART VII – MISCELLANEOUS 9 §736. Regulations. 10 (1) The Minister may, in accordance with the Marshall Islands 11 Administrative Procedures Act 1979, make regulations for the effective 12 implementation of this Act. 13 (2) Without limiting subsection (1) or affecting any other regulation- 14 making power in this Act, regulations may – 15 (a) prescribe fees and charges for services provided by 16 Government under this Act; 17 (b) create other offenses; 18 (c) prescribe penalties not exceeding a fine of $5,000 for an 19 individual or $25,000 for a corporate body; and 20 (d) prescribe any other matter required for giving effect to this 21 Act. 22 (3) In making regulations, the Minister must– 23 (a) obtain the advice of the Committee and the Secretary; and 24 (b) consult other Government departments, agencies, and 25 statutory authorities, as appropriate. 26 §737. Severability. 27 If any provision of this Act is deemed to be unconstitutional, the other 28 provisions remain in full force and effect. l Page27 26MIRCCh.7§738 Gender Equality Act, 2019 1 §738. Effective date. 2 (1) This Act commences one year from the date of certification in 3 accordance with the Constitution and the Rules of Procedures of the 4 Nitijela. 5 (2) A prosecution for an offense under this Act must not be commenced 6 until after one year of the commencement of this Act. 7 8 9 Page28 r