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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