A/HRC/39/51
C.
Other forms of inequality
1.
Sex -based discrimination
13.
The Secretary-General, in his report on progress towards the Sustainable
Development Goals (E/2017/66), found that sustainable development cannot be achieved
without the full inclusion and effective and equal participation of women. The report notes
that: that women’s participation in single or lower houses of national parliaments reached
23.4 per cent in 2017, just 10 percentage points higher than in 2000; women are still
underrepresented in managerial positions — in the majority of the 67 countries with data
from 2009 to 2015, fewer than a third of senior- and middle-management positions were
held by women; the average amount of time spent on unpaid domestic and care work is
more than threefold higher for women than men, according to survey data from 83
countries and areas; and just 52 per cent of women between 15 and 49 years of age who are
married or in union make their own decisions about consensual sexual relations and use of
contraceptives and health services (ibid., para. 9). The World Economic Forum reported
that, in 2017, the gaps between women and men in economic participation and political
empowerment remained wide: only 58 per cent of the economic participation gap had been
closed and about 23 per cent of the political gap was unchanged since 2016; an average gap
of 32 per cent remained to be closed in order to achieve universal gender parity. 16 The
gender pay gap varies from 1.8 per cent of the male median wage (Costa Rica) to 36.7 per
cent of the male median wage (Republic of Korea).17 Yet only one country to date (Iceland)
has passed legislation explicitly outlawing unequal pay between men and women. 18
Women’s rights to participate in, contribute to and enjoy economic, social, cultural and
political development are infringed upon by the inequalities they face in every area of their
lives.
14.
With regard to accountability mechanisms, women are underrepresented in virtually
every international body responsible for adjudicating, monitoring and developing
international law. As of June 2018, only 3 of the 15 judges on the International Court of
Justice were women, 6 of 18 judges of the International Criminal Court were women and
the International Tribunal for the Law of the Sea had 21 judges, only 3 of whom were
women. Additionally, women comprise no more than 30 per cent of the aggregate of the
members of the Human Rights Committee, the Committee on Economic, Social and
Cultural Rights and the Committee against Torture. As of June 2018, 33 of the 79 special
procedures mandate holders were women. The situation is not better in national court
systems. For example, in 2014, in the Supreme Court of Spain, out of 70 judges, only 12
were women; there were no women presidents in the chambers of the Audiencia Nacional
(National Court); and only 6 out of 52 presidents in the High Courts of Justice were women
(A/HRC/29/40/Add.3, para. 86). In Senegal in 2010, women accounted for only 17.29 per
cent of judicial personnel and there were no women among the five members of the
Constitutional Council (A/HRC/32/44/Add.1, para. 62). In Kuwait, in 2016, there was not a
single woman among the judiciary (A/HRC/35/29/Add.2, para. 66).
2.
Discrimination against other population groups
15.
Inequality disproportionally affects many other groups (e.g. discrimination on the
basis of race, ethnicity, religion, age, disability etc.). Persons with disabilities, for example,
experience higher rates of poverty, lower educational achievements, poorer health
outcomes, less legal protection and less political and cultural participation. In the European
Union for example, in 2015, 30.2 per cent of the population aged 16 or more who had a
16
17
18
World Economic Forum, The Global Gender Gap Report 2017 (2017), pp. 7–8. Available at
www3.weforum.org/docs/WEF_GGGR_2017.pdf.
OECD data (figures for 2016), https://data.oecd.org/earnwage/gender-wage-gap.htm.
On 1 June 2017, the Icelandic Parliament adopted a law making it mandatory for all firms and
institutions with 25 or more employees to obtain “Pay Equality Certification” (Jafnlaunavottun). The
new provision entered into force on 1 January 2018. Professional certifiers will conduct reviews and
deliver reports to the public Centre for Gender Equality (Jafnréttisstofa). See “Iceland: Equal pay
certification legalised”, ESPN Flash Report 2017/55.
7
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