E/C.12/2005/4
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both men and women; ensuring that women receive the equal benefit of public and private
pension schemes; and guaranteeing adequate maternity leave for women, paternity leave for
men, and parental leave for both men and women.
27.
Article 10, paragraph 1, of the Covenant requires that States parties recognize that the
widest possible protection and assistance should be accorded to the family, and that marriage
must be entered into with the free consent of the intending spouses. Implementing article 3, in
relation to article 10, requires States parties, inter alia, to provide victims of domestic violence,
who are primarily female, with access to safe housing, remedies and redress for physical, mental
and emotional damage; to ensure that men and women have an equal right to choose if, whom
and when to marry - in particular, the legal age of marriage for men and women should be the
same, and boys and girls should be protected equally from practices that promote child marriage,
marriage by proxy, or coercion; and to ensure that women have equal rights to marital property
and inheritance upon their husband’s death. Gender-based violence is a form of discrimination
that inhibits the ability to enjoy rights and freedoms, including economic, social and cultural
rights, on a basis of equality. States parties must take appropriate measures to eliminate violence
against men and women and act with due diligence to prevent, investigate, mediate, punish and
redress acts of violence against them by private actors.
28.
Article 11 of the Covenant requires States parties to recognize the right of everyone to an
adequate standard of living for him/herself and his/her family, including adequate housing
(para. 1) and adequate food (para. 2). Implementing article 3, in relation to article 11,
paragraph 1, requires that women have a right to own, use or otherwise control housing, land and
property on an equal basis with men, and to access necessary resources to do so. Implementing
article 3, in relation to article 11, paragraph 2, also requires States parties, inter alia, to ensure
that women have access to or control over means of food production, and actively to address
customary practices under which women are not allowed to eat until the men are fully fed, or are
only allowed less nutritious food.12
29.
Article 12 of the Covenant requires States parties to undertake steps towards the full
realization of the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health. The implementation of article 3, in relation to article 12, requires at
a minimum the removal of legal and other obstacles that prevent men and women from accessing
and benefiting from health care on a basis of equality. This includes, inter alia, addressing the
ways in which gender roles affect access to determinants of health, such as water and food; the
removal of legal restrictions on reproductive health provisions; the prohibition of female genital
mutilation; and the provision of adequate training for health-care workers to deal with women’s
health issues.13
30.
Article 13, paragraph 1, of the Covenant requires States parties to recognize the right of
everyone to education and in paragraph 2 (a) stipulates that primary education shall be
compulsory and available free to all. Implementing article 3, in relation to article 13, requires,
inter alia, the adoption of legislation and policies to ensure the same admission criteria for boys
and girls at all levels of education. States parties should ensure, in particular through
information and awareness-raising campaigns, that families desist from giving preferential
treatment to boys when sending their children to school, and that curricula promote equality and
non-discrimination. States parties must create favourable conditions to ensure the safety of
children, in particular girls, on their way to and from school.
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