CEDAW/C/GC/28
the Elimination of Discrimination against Women, the Vienna Declaration and Programme
of Action, the Cairo Programme of Action and the Beijing Declaration and Platform for
Action also contribute to an international legal regime of equality for women with men and
non-discrimination. Likewise, the obligations of States entered into under regional human
rights systems are complementary to the universal human rights framework.
4.
The objective of the Convention is the elimination of all forms of discrimination
against women on the basis of sex. It guarantees women the equal recognition, enjoyment
and exercise of all human rights and fundamental freedoms in the political, economic,
social, cultural, civil, domestic or any other field, irrespective of their marital status, and on
a basis of equality with men.
5.
Although the Convention only refers to sex-based discrimination, interpreting article
1 together with articles 2 (f) and 5 (a) indicates that the Convention covers gender-based
discrimination against women. The term ��sex” here refers to biological differences between
men and women. The term “gender” refers to socially constructed identities, attributes and
roles for women and men and society’s social and cultural meaning for these biological
differences resulting in hierarchical relationships between women and men and in the
distribution of power and rights favouring men and disadvantaging women. This social
positioning of women and men is affected by political, economic, cultural, social, religious,
ideological and environmental factors and can be changed by culture, society and
community. The application of the Convention to gender-based discrimination is made
clear by the definition of discrimination contained in article 1. This definition points out
that any distinction, exclusion or restriction which has the effect or purpose of impairing or
nullifying the recognition, enjoyment or exercise by women of human rights and
fundamental freedoms is discrimination, even where discrimination was not intended. This
would mean that identical or neutral treatment of women and men might constitute
discrimination against women if such treatment resulted in or had the effect of women
being denied the exercise of a right because there was no recognition of the pre-existing
gender-based disadvantage and inequality that women face. The views of the Committee on
this matter are evidenced by its consideration of reports, its general recommendations,
decisions, suggestions and statements, its consideration of individual communications and
its conduct of inquiries under the Optional Protocol.
6.
Article 2 is crucial to the full implementation of the Convention, since it identifies
the nature of the general legal obligations of States parties. The obligations enshrined in
article 2 are inextricably linked with all other substantive provisions of the Convention, as
States parties have the obligation to ensure that all the rights enshrined in the Convention
are fully respected at the national level.
7.
Article 2 of the Convention should be read in conjunction with articles 3, 4, 5 and 24
and in the light of the definition of discrimination contained in article 1. In addition, the
scope of the general obligations contained in article 2 should also be construed in the light
of the general recommendations, concluding observations, views and other statements
issued by the Committee, including the reports on the inquiry procedures and the decisions
of individual cases. The spirit of the Convention covers other rights that are not explicitly
mentioned in the Convention, but that have an impact on the achievement of equality of
women with men, which impact represents a form of discrimination against women.
II.
Nature and scope of obligations of States parties
8.
Article 2 calls on States parties to condemn discrimination against women in “all its
forms”, while article 3 refers to appropriate measures that States parties are expected to take
in “all fields” to ensure the full development and advancement of women. Through these
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