A/HRC/22/24
particular, measures and programmes should be adopted to work towards a real
transformation of opportunities, institutions and systems so that they are no longer
grounded in historically determined male paradigms of power and life patterns.5
12.
Besides the Covenant on Economic, Social and Cultural Rights, the Convention on
the Elimination of All Forms of Discrimination against Women and the Covenant on Civil
and Political Rights, other human rights instruments elaborate on the application of the
principle of equality and the prohibition of gender discrimination to human rights, including
economic, social and cultural rights. For example, article 2, paragraph 1, of the Convention
on the Rights of the Child enshrines the prohibition of discrimination, including on the
basis of sex, and makes it applicable to the whole list of rights recognized in that instrument
– civil, political, economic, social and cultural. The Committee on the Rights of the Child
has addressed the application of the prohibition of discrimination in relation to specific
issues involving economic, social and cultural rights. In its general comment No. 3 (2003)
on HIV/AIDS and the rights of the child noted with concern that gender-based
discrimination, combined with taboos or negative attitudes to sexual activity of girls, often
limits their access to preventive measures (para. 8). For this reason, States must eliminate
gender-based discrimination attitudes and norms in the design of HIV/AIDS-related
strategies.
13.
Another example is provided by article 6 of the Convention on the Rights of Persons
with Disabilities, which explicitly mentions multiple discrimination for women with
disabilities: “States Parties recognize that women and girls with disabilities are subject to
multiple discrimination, and in this regard shall take measures to ensure the full and equal
enjoyment by them of all human rights and fundamental freedoms” – including the
economic, social and cultural rights included in that instrument (art. 6, para. 1).
B.
The complementarity between the International Covenant on
Economic, Social and Cultural Rights and the Convention on the
Elimination of All Forms of Discrimination against Women
14.
The scope of article 3 of the Covenant on Economic, Social and Cultural Rights can
be further clarified if understood in the light of the standard of equality for women under
the Convention on the Elimination of All Forms of Discrimination against Women. That
standard requires the elimination of all forms of discrimination against women and
mandates States parties to eradicate discrimination, both in the public and private sphere. It
is a reflection of the fact that women have historically not fully enjoyed their human rights.
Article 1 of the Convention on the Elimination of All Forms of Discrimination against
Women defines discrimination against women, and Article 4, paragraph 1, specifies that the
adoption of temporary special measures aimed at accelerating substantive equality between
man and women should not be regarded as discrimination. Rather, temporary special
measures can be fundamental to achieve the structural, social and cultural changes
necessary to correct past and current forms and effects of discrimination against women.
15.
While the Covenant on Economic, Social and Cultural Rights focuses on the
substantive economic, social and cultural rights and makes applicable to them the
prohibition of discrimination on the basis of sex, the Convention on the Elimination of All
Forms of Discrimination against Women clarifies the scope of the prohibition of
discrimination and the obligation to eradicate it, as applied to the full spectrum of human
5
Committee on the Elimination of Discrimination against Women, general recommendation No. 25
(2004) on temporary special measures, paras. 4 and 10.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents