E/C.12/2005/4
page 8
31.
Article 15, paragraph 1 (a) and (b), of the Covenant require States parties to recognize the
right of everyone to take part in cultural life and to enjoy the benefits of scientific progress.
Implementing article 3, in relation to article 15, paragraph 1 (a) and (b), requires, inter alia,
overcoming institutional barriers and other obstacles, such as those based on cultural and
religious traditions, which prevent women from fully participating in cultural life, science
education and scientific research, and directing resources to scientific research relating to the
health and economic needs of women on an equal basis with those of men.
III. IMPLEMENTATION AT THE NATIONAL LEVEL
A. Policies and strategies
32.
The most appropriate ways and means of implementing the right under article 3 of the
Covenant will vary from one State party to another. Every State party has a margin of discretion
in adopting appropriate measures in complying with its primary and immediate obligation to
ensure the equal right of men and women to the enjoyment of all their economic, social and
cultural rights. Among other things, States parties must, integrate into national plans of action
for human rights appropriate strategies to ensure the equal right of men and women to the
enjoyment of economic, social and cultural rights.
33.
These strategies should be based on the systematic identification of policies, programmes
and activities relevant to the situation and context within the State, as derived from the normative
content of article 3 of the Covenant and spelled out in relation to the levels and nature of States
parties’ obligations referred to in paragraphs 16 to 21 above. The strategies should give
particular attention to the elimination of discrimination in the enjoyment of economic, social and
cultural rights.
34.
States parties should periodically review existing legislation, policies, strategies and
programmes in relation to economic, social and cultural rights, and adopt any necessary changes
to ensure that they are consonant with their obligations under article 3 of the Covenant.
35.
The adoption of temporary special measures may be necessary to accelerate the equal
enjoyment by women of all economic, social and cultural rights and to improve the de facto
position of women.14 Temporary special measures should be distinguished from permanent
policies and strategies undertaken to achieve equality of men and women.
36.
States parties are encouraged to adopt temporary special measures to accelerate the
achievement of equality between men and women in the enjoyment of the rights under the
Covenant. Such measures are not to be considered discriminatory in themselves as they are
grounded in the State’s obligation to eliminate disadvantage caused by past and current
discriminatory laws, traditions and practices. The nature, duration and application of such
measures should be designed with reference to the specific issue and context, and should be
adjusted as circumstances require. The results of such measures should be monitored with a
view to being discontinued when the objectives for which they are undertaken have been
achieved.
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