A/HRC/15/40 women in all its forms” and “agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women” (article 2). The Convention defines discrimination against women (article 1), sets out the measures that a State party must take to eliminate discrimination and ensure equality, and addresses in a non-exhaustive manner areas in which measures need to be taken. 9. The Convention defines “discrimination against women” as: “…any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.” 10. The concept of discrimination includes differential treatment explicitly based on sex (direct discrimination) and laws, practices and policies that appear neutral but have a disproportionate and unjustifiable impact on women’s enjoyment of human rights (indirect discrimination).5 It also covers discrimination on the basis of gender stereotypes,6 and multiple discrimination that specific groups of women face because of their sex and other characteristics.7 The Committee on the Elimination of Discrimination against Women has emphasized that the obligation to eliminate discrimination involves ensuring formal equality (the identical treatment of women and men), and also substantive equality, which reflects the differences in the social circumstances of women and men, and, in appropriate cases, biological differences. While formal legal (de jure) equality is important, the Committee has consistently stressed the importance of de facto equality, namely ensuring that women actually enjoy the rights guaranteed. It has also stressed the importance of systemic and structural transformation of institutions and attitudes that reflect and entrench discrimination against women, noting the importance of article 5(a) of the Convention. 11. In its general comment No. 25 (2004) on article 4, paragraph 1, of the Convention (on temporary special measures), the Committee on the Elimination of Discrimination against Women specified that States parties have obligations to ensure that there is no direct or indirect discrimination in law and that women are protected against discrimination, both in the public and private spheres; to develop effective policy measures to improve women’s de facto position; and to address gender relations and stereotypes affecting women. Thus, the scope of these three central obligations accepted by States parties to the Convention goes beyond a purely formal legal obligation of equal treatment.8 12. The Convention assigns an important place to law and legal reform, requiring States parties to enact or strengthen laws that protect against discrimination or promote the enjoyment of equality in other ways. It also requires States parties to ensure that discriminatory laws are repealed. Article 2 of the Convention is of particular importance here. 13. Other treaty bodies have embraced a similar understanding of the concept of discrimination and the nature of the obligations States accept to eliminate discrimination against women and ensure equality. The Committee on Economic, Social and Cultural 5 6 7 8 See Committee on the Elimination of Discrimination against Women general recommendation No. 25 (2004) on article 4, paragraph 1, of the Convention (temporary special measures), para 7, footnote 1. See also Committee on Economic, Social and Cultural Rights general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para. 20. Ibid., para 17, and Human Rights Committee general comment No. 28 (2000) on article 3 (The equality of rights between men and women), para 30. Para 7. 5