E/C.12/2005/4
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enjoy all human rights and the prohibition of discrimination of any kind; the adoption of
legislation to eliminate discrimination and to prevent third parties from interfering directly or
indirectly with the enjoyment of this right; the adoption of administrative measures and
programmes, as well as the establishment of public institutions, agencies and programmes to
protect women against discrimination.
20.
States parties have an obligation to monitor and regulate the conduct of non-State actors
to ensure that they do not violate the equal right of men and women to enjoy economic, social
and cultural rights. This obligation applies, for example, in cases where public services have
been partially or fully privatized.
3. Obligation to fulfil
21.
The obligation to fulfil requires States parties to take steps to ensure that in practice, men
and women enjoy their economic, social and cultural rights on a basis of equality. Such steps
should include:
− To make available and accessible appropriate remedies, such as compensation,
reparation, restitution, rehabilitation, guarantees of non-repetition, declarations,
public apologies, educational programmes and prevention programmes;
− To establish appropriate venues for redress such as courts and tribunals or
administrative mechanisms that are accessible to all on the basis of equality,
including the poorest and most disadvantaged and marginalized men and women;
− To develop monitoring mechanisms to ensure that the implementation of laws and
policies aimed at promoting the equal enjoyment of economic, social and cultural
rights by men and women do not have unintended adverse effects on disadvantaged
or marginalized individuals or groups, particularly women and girls;
− To design and implement policies and programmes to give long-term effect to the
economic, social and cultural rights of both men and women on the basis of equality.
These may include the adoption of temporary special measures to accelerate women’s
equal enjoyment of their rights, gender audits, and gender-specific allocation of
resources;
− To conduct human rights education and training programmes for judges and public
officials;
− To conduct awareness-raising and training programmes on equality for workers
involved in the realization of economic, social and cultural rights at the grass-roots
level;
− To integrate, in formal and non-formal education, the principle of the equal right of
men and women to the enjoyment of economic, social and cultural rights, and to
promote equal participation of men and women, boys and girls, in schools and other
education programmes;
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