A/HRC/40/29
the heads of the households, or legal representatives of households, with the authority to
make decisions on behalf of the couple or family without the consent of their spouse/s,
including exclusive rights to administer property”. 4 Such legal provisions obviously run
deeply counter to the right to equality between men and women and Sustainable
Development Goal 5. They have been repealed in many countries through legal reforms,
including in Botswana, where the Abolition of Marital Power Act of 2004 provides for
equality of marital powers for couples married in community of property. Similarly,
Mozambique adopted a new Family Law in 2004 establishing gender equality in all aspects
of family law, after an extensive consultation process guided by the Ministry of Justice
involving various sectors of society, including women’s organizations.
13.
Even when formal laws and policies appear to contain no evidence of gender
discrimination, gender-biased attitudes can be dominant. In several countries, single and
divorced women wishing to buy or rent houses continue to face many obstacles without a
male guarantor. Even if a State policy or decision may not seem discriminatory on paper, in
reality it may affect women disproportionally. Consequently, in developing policies to
ensure the affordability of housing, as a key element of the right to adequate housing, States
are required to ensure that housing-related costs are commensurate with income levels. In
other words, personal or household costs associated with housing should not compromise
the attainment and satisfaction of other basic needs. In defining affordability, States
therefore need to consider women’s economic conditions and status, including as a result of
gender wage gaps or unpaid work.
14.
The normative framework of human rights also requires that both horizontal and
vertical inequalities are identified and addressed in order to discern systematic patterns of
inequality and discrimination that amount to violations of economic, social and cultural
rights. Horizontal inequalities occur between different social groups, defined, for example,
by gender, race, ethnicity, religion, social origin, political or other opinion, property, birth
or other status. While not all horizontal inequalities can be considered unjust or
discriminatory, some systematic inequalities that are beyond an individual’s control are
likely to be so, such as lower wages for women than men or consistently unequal health
outcomes for minorities. Vertical inequalities include inequalities between individuals
across a range of opportunities and outcomes, for example those related to income and
wealth, education and health, which have direct implications for the realization and equal
enjoyment of human rights.
15.
In the 2030 Agenda the importance of collecting and disaggregating data to measure
and monitor inequalities and discrimination and to ensure that no one is left behind is
recognized. Data disaggregation is essential for monitoring the progressive realization of
the economic, social and cultural rights associated with the Sustainable Development Goals.
The obligation of non-discrimination under the Covenant also requires States to move
towards greater data disaggregation. International human rights bodies have encouraged the
disaggregation of data on the basis of the kinds of discrimination that are prohibited, such
as on the basis of sex, age, economic and social situation, race, colour, language, religion,
political or other opinion, national or social origin, property, birth, disability, health status,
nationality, marital and family status, sexual orientation and gender identity, place of
residence and other kinds of status.
16.
Human rights indicators, which are based on international legal standards, offer
essential tools in analysing data, unlike conventional socioeconomic statistics, which are
insufficient if not properly compiled and analysed in the light of human rights standards
(A/HRC/31/31, para. 65). At the same time, collecting and disaggregating data can pose
substantial risks to the protection of the rights of the populations concerned and, therefore,
appropriate safeguards are needed.5
4
5
United Nations Entity for Gender Equality and the Empowerment of Women and Office of the United
Nations High Commissioner for Human Rights (OHCHR), Realizing Women’s Rights to Land and
Other Productive Resources, 2013, p. 36.
See OHCHR, A Human Rights-based Approach to Data: Leaving No One Behind in the 2030 Agenda
for Sustainable Development (Geneva, 2018).
5
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