A/HRC/41/43 to an effective remedy – often face additional and different risks,30 such as sexual violence, misogynistic public shaming and online harassment, and domestic violence. 21. The forms of discrimination noted above all reflect a failure to integrate a gender perspective in laws, regulations, policies, plans, practices, processes and decisions. The current general business practice of gender-neutral human rights due diligence is a case in point. 31 A gendered approach to decision-making by States and businesses should also consider the intersectional nature of discrimination. For example, a single mother, a migrant woman, a lesbian, a woman of colour and a woman with disability may experience discrimination and sexual harassment at work in varied ways. III. Selected existing standards Convention on the Elimination of All Forms of Discrimination against Women 22. The Convention on the Elimination of All Forms of Discrimination against Women provides a gender-transformative articulation of the International Bill of Human Rights by setting the goal to eradicate all forms of discrimination against women and achieve substantive gender equality. The Convention defines “Discrimination against women” broadly (art. 1). It requires States parties to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise (art. 2 (e)). This may include adopting temporary special measures – also known as affirmative action – to achieve substantive equality (art. 4). 23. The Committee on the Elimination of Discrimination against Women has elaborated further on the implication of several provisions of the Convention. In its general recommendation No. 13 (1989) on equal remuneration for work of equal value, the Committee suggests ways to overcome the gender-segregation in the labour market, which remains a concern in certain male-dominated sectors, such as the extractive sectors, as well as in, for example, the garment industry, where most workers are women. The situation of unpaid women workers in family enterprises and unremunerated domestic activities are dealt with in, respectively, the Committee’s general recommendations No. 16 (1991) on unpaid women workers in rural and urban family enterprises and No. 17 (1991) on the measurement and quantification of the unremunerated domestic activities of women and their recognition in the gross national product. In general recommendation No. 26 (2008) on women migrant workers, the Committee makes several recommendations for countries of origin and destination to protect the rights of women migrant workers. In general recommendations No. 19 (1992) on violence against women and No. 35 (2017) on genderbased violence against women, updating general recommendation No. 19, the Committee recommends that States take measures to deal with gender-based violence, including by non-State actors. In its general recommendation No. 33 (2015) on women’s access to justice, the Committee outlines a range of measures to improve women’s access to justice for human rights abuses. 24. The standards contained in the Convention apply to all businesses as part of their responsibility to respect human rights under the Guiding Principles. The relevance of the provisions of the Convention to businesses can be illustrated here briefly. To respect article 5, corporate advertisements should avoid promoting sexual stereotyping, and to act in conformity with article 6, businesses should not facilitate trafficking of women (including for sexual exploitation). To act in line with article 10, private education providers should ensure that women have equal access to education and vocational training. All businesses should eliminate discrimination against women in every aspect of employment, including with regard to the gender pay gap, pregnancy-based discrimination and a lack of workfamily life balance (art. 11). If women are not able to access bank loans and other forms of financial credit on an equal footing with men, this may breach article 13 of the Convention. 30 31 6 A/HRC/40/60, para. 6. See Joanna Bourke Martignoni and Elizabeth Umlas, Gender-Responsive Due Diligence for Business Actors: Human Rights-Based Approaches (Geneva Academy of International Humanitarian Law and Human Rights, 2018).

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