A/HRC/22/24
21.
This example provides an illustration of the need for consistency and mutual
reinforcement between applicable international instruments and their respective treaty
bodies. While the Covenant on Economic, Social and Cultural Rights provides a definition
of the right to health as a universal right, making clear the applicability of the prohibition of
discrimination thereto, more detailed and specific guidance about the scope of the
associated obligations can be obtained from the Convention on the Elimination of All
Forms of Discrimination against Women.
III. Activities of treaty bodies
22.
The present section maps recent developments on the economic, social and cultural
rights of women in the work of United Nations treaty bodies.
Committee on Economic, Social and Cultural Rights6
A.
23.
On 25 May 2009, the Committee on Economic, Social and Cultural Rights adopted
its general comment No. 20 (2009) on non-discrimination in economic, social and cultural
rights. This General Comment elaborates on article 2, paragraph 2, of the Covenant on
Economic, Social and Cultural Rights and discusses its application to the substantive rights
enshrined in the Covenant, offering further guidance on the scope of the prohibition of
discrimination and on “sex” as a forbidden ground of discrimination. The general comment
also clarifies, in paragraph 20, that:
The notion of the prohibited ground “sex” has evolved considerably to cover not
only physiological characteristics but also the social construction of gender
stereotypes, prejudices and expected roles, which have created obstacles to the equal
fulfilment of economic, social and cultural rights. Thus the refusal to hire a woman,
on the ground that she might become pregnant, or the allocation of low-level or part
time jobs to women based on the stereotypical assumption that, for example, they
are unwilling to commit as much time to their work as men, constitutes
discrimination.
24.
The Committee devoted one day of its forty-fifth session to a general discussion on
sexual and reproductive health. The Committee has identified sexual and reproductive
health as an integral component of article 12 of the Covenant on Economic, Social and
Cultural Rights on the right to health and considers that its general comment No. 14 and its
doctrine provide guidance on the implementation of the right to sexual and reproductive
health. However, the Committee considered that the importance of the issue for women, its
complexity and the apparent extent of implementation gaps, as observed worldwide, would
warrant a specific general comment. A wide range of expert panelists offered evidencebased information and substantive contributions on the links between several human rights
and sexual and reproductive health, highlighting the importance of sexual and reproductive
health in the full enjoyment of the right to health by women.
6
Prior to 2008, the Committee dealt with women’s rights in its general comments on specific rights: in
general comment No. 12 (1999) on the right to adequate food, the Committee, in paragraph 26,
requires States to establish: “guarantees of full and equal access to economic resources, particularly
for women”; see also the Committee in general comment No. 14 (2000) on the right to the highest
attainable standard of health, paragraphs 20–21 on gender.
7
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