A/HRC/31/37
enjoyment and disposition of property. Those aspects have been the object of detailed
discussion in international jurisprudence. 42
39.
In recent reports, the Working Group on the issue of discrimination against women
in law and in practice has described the many legal, economic, social and cultural barriers
that prevent women from achieving full equality in the family context. These include
obstacles to economic opportunities for women resulting from reproduction and care
functions, as well as State, religious or customary norms that reinforce patriarchal family
structures.43
40.
The principle of equality between men and women connects with the obligation of
States to promote reconciliation between work and family responsibilities. 44 The main
international instruments in this area are the International Labour Organization Workers
with Family Responsibilities Convention, 1981 (No. 156), and Workers with Family
Responsibilities Recommendation, 1981 (No. 165). Convention No. 156 requires States
parties to adopt policies aimed at ensuring that persons with family responsibilities can
exercise the right to work without discrimination, and to help them reconcile their
employment and family responsibilities (art. 3).
2.
Equality of children
41.
International human rights law protects children from being discriminated against
within the family on the basis of gender, disability, family status or any grounds and calls
upon States to recognize children as rights holders.45 In addition, family responsibilities
should be discharged equally for boys and girls, especially in relation to access to
education, food and health care.46
42.
Furthermore, States should ensure that children with disabilities enjoy equal rights
as other children in relation to family life, including preventing their concealment,
abandonment, neglect and segregation. 47 Children born of de facto unions or out of wedlock
should also enjoy equal rights in relation to those born to married couples, including the
rights to be registered and to have a name. 48 The Committee on the Rights of the Child has
called upon States to protect children from discrimination based on their own or their
parents’ or legal guardian’s sexual orientation or gender identity. 49
42
43
44
45
46
47
48
49
12
Human Rights Committee, general comment No. 28; Committee on Economic, Social, and Cultural
Rights, general comment No. 16; Committee on the Elimination of Discrimination against Women,
general recommendations No. 21 and No. 29.
See A/HRC/26/39, paras. 81-97; and A/HRC/29/40, paras. 34-61.
Convention on the Elimination of All Forms of Discrimination against Women, art. 11 (2).
Committee on the Rights of the Child, general comments No. 5, para. 21; No. 7, para. 3; and No. 14,
para. 16.
See Human Rights Committee, general comment No. 28, para. 28.
Convention on the Rights of Persons with Disabilities, art. 23 (3).
See Committee on the Elimination of Discrimination against Women, general recommendation No.
21, para. 19; and Human Rights Committee, general comment No. 17 (1989) on the rights of the
child, para 7.
See Committee on the Rights of the Child, general comment No. 15 para. 8; also A/HRC/29/23, para.
79 (h).
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