A/HRC/34/29
Remuneration Convention, 1951 (No. 100). This entails equal remuneration for the
performance of similar jobs and of jobs that are “completely different but nonetheless of
equal value when assessed by objective criteria”.40 In this regard, treaty-monitoring bodies
have often drawn the attention of States parties to the fact that provisions on equal pay for
equal work fall short of the requirement of the principle of equal pay for work of equal
value.41
67.
Studies show that discrimination in remuneration accounts for a large part of the
gender pay gap. Women are overwhelmingly paid less for the same work, but also, the
wages in sectors that predominantly employ women are lower than in other sectors. Indeed,
wages tend to diminish when more women enter a particular occupation, which
demonstrates the devaluation of work that is performed by women. 42 This systemic
discrimination in remuneration is one of the reasons why women’s educational
achievements have not generated commensurate economic returns.
68.
The Committee on Economic, Social and Cultural Rights recommends that States set
time-bound targets for achieving gender equality in remuneration. 43 Measures to be taken in
this regard include adopting legislation that guarantees the right to equal remuneration for
work of equal value, and mandating labour inspectorates to investigate claims of unequal
remuneration. Moreover, States should promote objective appraisals of jobs on the basis of
the work to be performed and require employers to progressively decrease the differentials
between rates of remuneration for men and rates of remuneration for women for work of
equal value.44 The Committee on Economic, Social and Cultural Rights clarifies that “the
extent to which equality is being achieved requires an ongoing objective evaluation of
whether the work is of equal value and whether the remuneration received is equal.” 45
Discriminatory practices, such as the payment of larger wage bonuses to men, based on
social norms of men as breadwinners, should also be abandoned. 46 Some States have
enacted laws providing for mandatory gender equality plans and mandatory reporting by
employers, for example on the transparency of salary policies and mechanisms for reporting
instances of discrimination.
69.
Evaluation of jobs across industries and professions should be conducted by States,
with a view to narrowing gender pay gaps. In its general recommendation No. 13 (1989) on
equal remuneration for work of equal value, the Committee on the Elimination of
Discrimination against Women recommends that States consider adopting “job evaluation
systems based on gender-neutral criteria” to assess the value of jobs across organizations,
professions and industries. The Committee on Economic, Social and Cultural Rights has
further developed this concept, stating that such criteria should include “skills,
responsibilities and effort required by the worker, as well as working conditions”. 47 In
practice, States should provide support to social partners so that collective bargaining in
sectors where women are predominant could lead to re-evaluation of wages in those
40
41
42
43
44
45
46
47
14
See Committee on Economic, Social and Cultural Rights general comment No. 23 (2016) on the right
to just and favourable conditions of work, para. 11.
See, for example, E/C.12/JAM/CO/3-4, para. 14; E/C.12/NZL/CO/3, para. 14; and
CEDAW/C/CPV/CO/7-8, para. 26.
Asaf Levanon and others, “Occupational feminization and pay: assessing causal dynamics using
1950-2000 U.S. census data”, Social Forces, vol. 88, No. 2 (December 2009), pp. 865-892.
See Committee on Economic, Social and Cultural Rights general comment No. 23 (2016), para. 15.
ILO, Equal Remuneration Recommendation, 1951 (No. 90), arts. 4 and 5.
See Committee on Economic, Social and Cultural Rights general comment No. 23 (2016), para. 12.
See, for example, CEDAW/C/BLR/CO/7, para. 32.
See Committee on Economic, Social and Cultural Rights general comment No. 23 (2016), para. 12.
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