A/HRC/22/24 Human Rights, the 1966 International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and the 1979 Convention on the Elimination of All Forms of Discrimination against Women and is also referred to in other instruments, such as the Convention on the Rights of the Child, the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of Persons with Disabilities. 7. Article 2, paragraph 2, of the Covenant on Economic, Social and Cultural Rights contains an important guarantee against non-discrimination in the enjoyment of the substantive rights protected in articles 6–15 of the Covenant. Under article 2, paragraph 2, of the Covenant: The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 8. This provision prohibits discrimination in the exercise of substantive rights enunciated in the Covenant, setting an immediate obligation to eliminate discrimination on the prohibited grounds. Conversely, article 26 of the Covenant on Civil and Political Rights makes equality and non-discrimination applicable not only to the rights enshrined in that instrument, but to all areas of law. According to the interpretation of the Human Rights Committee in its general comment No. 18 (1989) on non-discrimination, article 26 is not limited to the rights set forth in the Covenant, but should also be applied to economic, social and cultural rights. This interpretation informed the Human Rights Committee’s views in two landmark cases, Zwaan-de Vries v. the Netherlands and Broeks v. the Netherlands.4 In both cases, the Committee found that differential treatment in the allocation of social benefits based on gender was discriminatory. 9. Article 3 of the Covenant on Economic, Social and Cultural Rights complements the non-discrimination clause in article 2, paragraph 2, by specifically making provision for equality between men and women in the enjoyment of economic, social and cultural rights protected in the Covenant. 10. The Committee on Economic, Social and Cultural Rights has further clarified the concept of equality between men and women. In its general comment No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights, the Committee observed that “formal equality assumes that equality is achieved if a law or policy treats men and women in a neutral manner. Substantive equality is concerned, in addition, with the effects of laws, policies and practices and with ensuring that they do not maintain, but rather alleviate, the inherent disadvantage that particular groups experience” (para. 7). The Committee then underlined that “States parties should take into account that such laws, policies and practice [that are prima facie gender neutral] can fail to address or even perpetuate inequality between men and women because they do not take account of existing economic, social and cultural inequalities, particularly those experienced by women” (para. 8). 11. The Convention on the Elimination of All Forms of Discrimination against Women offers further guidance about the scope of the State obligations to ensure gender equality and non-discrimination in the enjoyment of all human rights – including economic, social and cultural rights. States and other actors should give priority to promoting the role of women in society and ending de jure and de facto discrimination based on sex. In 4 4 Communications No. 182/1984, Views adopted on 9 April 1987, and 172/1984, Views adopted on 9 April 1987.