The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 15
Paragraph
Paragraph text
The principles of equality and non-discrimination, by themselves, are not always sufficient to guarantee true equality. Temporary special measures may sometimes be needed in order to bring disadvantaged or marginalized persons or groups of persons to the same substantive level as others. Temporary special measures aim at realizing not only de jure or formal equality, but also de facto or substantive equality for men and women. However, the application of the principle of equality will sometimes require that States parties take measures in favour of women in order to attenuate or suppress conditions that perpetuate discrimination. As long as these measures are necessary to redress de facto discrimination and are terminated when de facto equality is achieved, such differentiation is legitimate.
Legal status
Non-negotiated soft law
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
Equality & Inclusion
Social & Cultural Rights
Person(s) affected
Men
Women
Year
2005
Paragraph type
Other
Reference
CESCR General Comment No. 16, The equal right of men and women to the enjoyment of all economic, social and cultural rights (2005), para. 15.