A/HRC/4/104
page 6
of kidnapped women.19 It has also recommended that a State party end discrimination against
women in the transmission of their nationality to their children when the father is a foreigner.20
B. International Covenant on Economic, Social and Cultural Rights
9.
The Committee on Economic, Social and Cultural Rights achieved a major advance in its
work during its thirty-fourth session (2005) when it adopted general comment No. 16 on article 3
of the Covenant on the equal right of men and women to the enjoyment of all economic, social
and cultural rights. The general comment notes the distinct forms of discrimination experienced
by women due to the intersection of sex with many other factors, which result in “compounded
disadvantage(s)” or double discrimination.21 Two features of the general comment are
particularly noteworthy. First, the Committee explicitly sets forth the equal right of men and
women to the enjoyment of economic, social and cultural rights as “a mandatory and immediate
obligation of States parties” that is non-derogable.22 Secondly, it specifies that articles 2 and 3 of
the Covenant, which deal with non-discrimination and gender equality, “are not stand-alone
provisions, but should be read in conjunction with each specific right guaranteed under part III of
the Covenant”.23
10.
Accordingly, during its thirty-fourth to thirty-seventh sessions (2005), the Committee has
systematically raised questions and concerns about the enjoyment by women of their economic,
social and cultural rights in its dialogue with States parties on implementation of the Covenant.
It routinely asks States parties about the existence and scope of any anti-discrimination or gender
equality legislation, for gender disaggregated data relating to all articles of the Covenant, and
gender-specific measures being taken to overcome any disparities that are found.
11.
Under article 9, the Committee has inquired about the kinds of social protection afforded
by States parties to female heads of household and victims of trafficking. Under article 10, it has
explored issues relating to trafficking of women and children for purposes of sexual and
commercial exploitation, and domestic violence. Under articles 9 and 10, the Committee also
consistently inquired about the assistance provided by States parties to families, mothers and
fathers alike, to enable them to better share the responsibilities of raising a family. Under
article 12, the Committee has examined the level of legal protection and practical enjoyment of
reproductive health rights.
19
A/60/40, vol. I, Benin, para. 83 (10); Morocco, para. 84 (30); Kenya, para. 86 (10);
Uzbekistan, para. 89 (24); Yemen, para. 91 (9). A/61/40, vol. I, Central African Republic,
para. 83 (10).
20
A/60/40, vol. I, Morocco, para. 84 (32).
21
General comment No. 16 (2005) of the Committee on Economic, Social and Cultural Rights,
para. 5.
22
Ibid., paras. 16-17.
23
Ibid., para. 2.
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