CEDAW/C/GC/37
ensuring that all interventions relating to disaster risk reduction in the context of
climate change are implemented in accordance with the Convention.
A.
Substantive equality and non-discrimination
28. States parties have obligations under article 2 of the Convention to take targeted
and specific measures to guarantee equality between women and men, including the
adoption of participatory and gender-responsive policies, strategies and programmes
relating to disaster risk reduction and climate change, across all sectors. Article 2
identifies the specific, core obligations of States parties to ensure substantive equality
between women and men in all areas covered by the Convention and to take
legislative, policy-based and other measures to that effect. 15 The obligation to take all
appropriate measures, including with regard to legislation, in all fields, to guarantee
the full development and advancement of women on a basis of equality with men, is
further expanded in articles 3 and 24 of the Convention.
29. Intersecting forms of discrimination may limit the access of particular groups
of women to the information, political power, resources and assets that would help
them to mitigate the adverse effects of disasters and climate change. In its general
recommendation No. 28 (2010) on the core obligations of States parties under article
2 of the Convention, as well as in general recommendation No. 32 (2014) on the
gender-related dimensions of refugee status, asylum, nationality and statelessness of
women, general recommendation No. 33 (2015) on women’s access to justice, general
recommendation No. 34 (2016) on the rights of rural women, general
recommendation No. 35 (2017) on gender-based violence against women, updating
general recommendation No. 19, and general recommendation No. 36 (2017) on the
right of girls and women to education, the Committee reiterated that discrimination
against women was inextricably linked to other factors that affected their lives.
30. The present general recommendation does not contain an exhaustive list of
every group of right holders for which respect of their rights must be integrated into
laws, policies, programmes and strategies on disaster risk reduction and climate
change. The principles of non-discrimination and substantive equality, which form
the foundation of the Convention, require that States parties take all measures
necessary to ensure that direct and indirect discrimination, as well as intersecting
forms of discrimination, are redressed. Specific measure s, including temporary
special measures, legislation that prohibits intersecting forms of discrimination and
resource allocation, are necessary to ensure that all women and girls are able to
participate in the development, implementation and monitoring of policies and plans
relating to climate change and disasters.
31. As outlined in general recommendation No. 28, States parties have
obligations to respect, protect and fulfil the principle of non-discrimination
towards all women, against all forms of discrimination, in all areas, even those
not explicitly mentioned in the Convention, and to ensure the equal development
and advancement of women in all areas. To ensure substantive equality between
women and men in the context of disaster risk reduction and climate change,
States parties should take specific, targeted and measurable steps:
(a) To identify and eliminate all forms of discrimination, including
intersecting forms of discrimination, against women in legislation, policies,
programmes, plans and other activities relating to disaster risk reduction and
climate change. Priority should be accorded to addressing discrimination in
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15
8/24
See general recommendation No. 28 (2010) on the core obligations of States parties under article
2 of the Convention.
18-03824